Implementation of Integrated Solid Waste …. of mp.pdfVIII,VIII(A),VIII(B) and VIII(C) Format for...

REQUEST FOR PROPOSAL

Implementation of Integrated Solid Waste Management Project,

Bhind Cluster

Volume-I: Instruction to Bidder (ITB)

Contents

Volume I Instructions to Bidder/Applicants

Volume II Draft Concession Agreement

Volume III Project Information Memorandum (PIM)

Request for Proposal Volume -I

ISWM Project Bhind of 109

Key Dates

Tender Notice No

Date of Purchase of RfP document 29/9/2018 to 1/11/2018

Submission of Queries by prospective Bidder/Applicants

22/10/2018 upto 17:30 hrs

Pre-Bid Meeting 22/10/2018 at 12:00 PM

At

Directorate,

Urban Administration and Development, Palika Bhawan, Shivaji Nagar, Near Six no. Bus Stop- Bhopal (462016)

Online Bid Submission Due Date ; 02/11/2018 upto 17:30 hrs

Hard Copy Submission due date 03/11/2018 upto 15:00 hrs

Opening of First Envelope 03/11/2018 at 03:30 PM

Opening of Financial Bids , To be notified later

Address Directorate, Urban Administration and Development, Palika Bhawan, Shivaji Nagar, Near Six no. Bus Stop- Bhopal (462016)

Contact Information Ph No: 0755-2554083 Email Id: [email protected]

mailto:[email protected]



Contents 1. INTRODUCTION ..................................................................................................................................16 1.1 BACKGROUND .........................................................................................................................................16 1.2 THE PROJECT .........................................................................................................................................19 1.3 BRIEF DESCRIPTION OF BIDDING PROCESS ............................................................................................22 2. INSTRUCTIONS TO BIDDER/APPLICANTS .................................................................................25

2.1 General terms of Bidding ................................................................................................................25 2.3 CHANGE IN OWNERSHIP .........................................................................................................................32 2.4 NUMBER OF BIDS AND THE COST THEREOF ............................................................................................33 2.5 SITE VISIT AND VERIFICATION OF INFORMATION .......................................................................................33 2.6 ACKNOWLEDGEMENT BY BIDDER ............................................................................................................34 2.7 DELETED ................................................................................................................................................34 2.8 RIGHT TO ACCEPT AND TO REJECT ANY OR ALL BIDS ...............................................................................34 2.9 CONTENTS OF THE RFP .........................................................................................................................36 2.10 CLARIFICATIONS .................................................................................................................................37 2.11 AMENDMENT OF BIDDING DOCUMENT ................................................................................................37 2.12 LANGUAGE .........................................................................................................................................38 2.13 FORMAT AND SIGNING OF BID ............................................................................................................38 2.14 SEALING AND MARKING OF BID ..........................................................................................................38 2.15 BID DUE DATE IS AS PER KEY DATES ..................................................................................................40 2.16 LATE BIDS ..........................................................................................................................................40 2.17 CONTENTS OF THE BID .......................................................................................................................40 2.18 MODIFICATIONS/ SUBSTITUTION/ WITHDRAWAL OF BIDS ....................................................................41 2.19 REJECTION OF BIDS ...........................................................................................................................41 2.20 VALIDITY OF BIDS ...............................................................................................................................41 2.21 CONFIDENTIALITY ...............................................................................................................................41 2.22 CORRESPONDENCE WITH THE BIDDER/APPLICANT .............................................................................41 2.23 BID SECURITY ....................................................................................................................................43 3 EVALUATION OF BIDS .......................................................................................................................45 3.1 CONFIDENTIALITY ......................................................................................................................................45

3.2 Clarifications .....................................................................................................................................45 3.3 Opening and Evaluation of Bids .....................................................................................................46 3.4 Tests of responsiveness, Evaluation for Qualification & Financial Bid- Part I.............................46 3.5 Evaluation parameters ....................................................................................................................47 3.6 Financial Qualification .....................................................................................................................47 3.7 Technical Qualification2 ...................................................................................................................48 3.8 General Compliances for Meeting Qualification ............................................................................49 3.9 Technical Proposal – PART II .........................................................................................................50 3.10 Financial Bid – Part III .................................................................................................................51 3.11 Bidding Criteria – Financial Bid Parameter ...............................................................................52 3.12 Notification and Issue of Letter of Award...................................................................................52 3.13 Contacts during Bid Evaluation ..................................................................................................53

4. FRAUD AND CORRUPT PRACTICES ...............................................................................................54 5. PRE-BID CONFERENCE ....................................................................................................................56 6. MISCELLANEOUS ...............................................................................................................................57 APPLICATION FORMATS............................................................................................................................58

APPENDIX – I ....................................................................................................................... 59

APPENDIX – II ...............................................................................................................................................64 APPENDIX – III ..............................................................................................................................................67 APPENDIX – IV .............................................................................................................................................69 APPENDIX – V ..............................................................................................................................................72 APPENDIX – VI (A) ........................................................................................................................................73



APPENDIX – VI (AA) ......................................................................................................................................75

APPENDIX – VI (B) ............................................................................................................. 76

APPENDIX – VII .................................................................................................................... 77

APPENDIX – VIII................................................................................................................... 79

APPENDIX – VIII (A) .....................................................................................................................................89 APPENDIX – VIII (B) .....................................................................................................................................92 APPENDIX – VIII (C) .....................................................................................................................................94 APPENDIX - IX ..............................................................................................................................................96 APPENDIX – X ..............................................................................................................................................98 APPENDIX – X (A).........................................................................................................................................99 APPENDIX – XI ........................................................................................................................................... 100 APPENDIX – XII .......................................................................................................................................... 101 APPENDIX – XIII ......................................................................................................................................... 107



List of Appendices

I Letter comprising the Bid

II Details of the Applicant

III Power of Attorney for signing of Bid

IV Power of Attorney for Lead Member of Consortium

V Anti-Collusion Certificate

VI(a),VI(aa) and

VI(b) Format for Financial Capacity

VII Format for Technical Experience

VIII,VIII(A),VIII(B)

and VIII(C) Format for Technical Proposal

IX Format for Financial Offer ( To be submitted online

only)

X and XA Certificate from the Statutory Auditor regarding

PPP projects and EPC projects

XI Statement of Legal Capacity

XII Joint Bidding Agreement

XIII Bank Guarantee for Bid Security



GLOSSARY

Associate/Affiliate As defined in Clause 2.1.24

Authority As defined in Clause 1.1.3

Bid(s) As defined in the Disclaimer and 1.2.2

Bidder/Applicant As defined in Clause 1.3.1

Bidding Documents As defined in Clause 1.1.9

Bid Due Date As defined in Clause 1.3.2

Bidding Process As defined in Clause 1.3.1

Bid Security As defined in Clause 1.3.5

Concession As defined in Clause 1.1.8

Concession Agreement As defined in Clause 1.1.8

Concessionaire As defined in Clause 1.1.5

Conflict of Interest As defined in Clause 2.1.15

Consortium As defined in Clause 2.1.1(ii) DBpFOT As defined in Clause 1.1.3 Estimated Project Cost As defined in Clause 1.1.7

Government Government of Madhya Pradesh

Lead Member As defined in Clause 2.1.21

Member Member of a Consortium

PPP Public Private Partnership

Project As defined in Clause 1.2.2

Project Area As defined in Clause 1.1.6

Re. or Rs. or INR Indian Rupee

RFP or Request for Proposals As defined in the Disclaimer

Preferred Bidder/Applicant As defined in Clause 1.3.8

The words and expressions beginning with capital letters and defined in this document shall, unless the

context otherwise requires, have the meaning ascribed thereto herein, shall, unless the context

otherwise requires, have the meaning ascribed thereto therein.



DEFINITIONS

“Applicant/Bidder” shall mean a person, including any individual, firm, Company,

Corporation, society, trust or any association or partnerships (whether or not having separate legal personality) of two or a maximum of three of the above and shall include succession and assigns

“Authority-I” Commissioner/Mission Director SBM-SMD, UADD Bhopal acting on

behalf of ULBs of Bhind Cluster comprising of Nagar Palika Parishad Bhind, Nagar Parishad Akoda, Nagar Parishad Alampur, Nagar Palika Parishad Ambah, Nagar Parishad Daboh, Nagar Palika Parishad Gohad, Nagar Parishad Gormi, Nagar Parishad Lahar, Nagar Parishad Mau , Nagar Parishad Mehgaon, Nagar Parishad Mihona, Nagar Parishad Phoopkala, Nagar Palika Parishad Porsa, and Nagar Parishad Sewda shall conduct the bidding process till the selection of successful Bidder/Applicant, however the final selection of the Bidder/Applicant shall be at the sole discretion of the Authority.

“Authority” means the Nagar Palika Parishad Bhind acting through Chief

Municipal Officer Nagar Palika Parishad Bhind.

“Associate/Affiliate” Associate/Affiliate means, in relation to the Bidder/Applicant/

Consortium Member, a person who controls, is controlled by, or is

under the common control with such Bidder/Applicant/

Consortium Member (the “Associate/Affiliate”). As used in this

definition, the expression “control” means, with respect to a

person which is a company, the ownership, directly or indirectly, of

more than 50% (fifty per cent) of the voting shares of such person,

and with respect to a person which is not a company, the power to

direct the management and policies of such person by operation of

law.

“Cluster” Cluster of Urban Local Bodies for which common MSW management project has been developed.

“Concessionaire” means the successful Bidder/Applicant selected by the

Authority to implement the project and who has entered into the Concession Agreement with the Authority for implementation of the Project.

“Concessioning Authority/ Authority” means the Nagar Palika Parishad Bhind (the “Authority”)



“MSW Supply Area”/Project area Shall comprise the site and for the purpose of implementing the

Project, the areas included under the municipal limits of the participating ULBS as on the Appointed Date and areas subsequently added or reduced thereto in accordance with Applicable Laws from time to time during the period of this Agreement.

“O&M Member” The member of consortium which does Operation and

Maintenance of the Project and shall comply with the terms and condition.

“Participating ULBs/Cluster ULB’s” means Nagar Palik Nigam / Nagar Palika Parishad/ Nagar Parishad

participating in this projects and shall be direct beneficiaries by implementing this project.

“Project” means the project for collection, transportation, processing

and disposal of Municipal Waste of entire Cluster as detailed in Clause 1.2 of this RFP in totality.

“Successful Bidder/Applicant” Successful Bidder” shall mean party selected by the Authority,

through a competitive bidding process for implementing the

Project and who shall undertake to incorporate a SPV

Company under the Companies Act 2013.. “Sanitary Land Fill” The location where inert waste after processing the Municipal

Solid Waste collected from ULBs shall be finally disposed off as per the relevant clause of Solid Waste Management Rules 2016 at Bhind.

“Satellite Segregation/ Processing Centre means the site at Mehgaon where the MSW would be

collected/ received from the nearby ULB’s and inert waste may be will further be transferred to the Sanitary Landfill Site at Bhind.

“Tipping Fee”:

Tipping fees is the fees quoted by bidder in INR per MT of

waste generated and collected in project area, compacted and

weighed at satellite station/ ISWM facility “Waste generators” shall mean all residential and commercial establishments located

within MSW Supply Area. “Waste” or “SWM” or “Solid Waste Management” Solid Waste includes commercial, residential and other waste



generated within the limits of ULBs either in solid or semi-solid form excluding industrial hazardous waste but including treated bio-medical waste. The term Solid Waste shall further mean the Municipal Solid Waste as described under the Solid Waste management (SWM) 2016 notified by MoEF & CC, Govt. of India, notified on 08 April 2016, generated in the Project Area by all generators which includes domestic waste, sanitary waste, commercial waste, institutional waste, catering and market waste and other non-residential wastes, street sweepings waste, silt removed or collected from the surface drains, horticulture waste, agriculture and dairy waste, treated bio-medical waste generated in the project area inclusive of private markets, recreation centres, public places and from the places of occasional accumulation of such solid waste. Also it includes Dead animals including all carcasses, visceral remains, hides, hoofs or such other animal parts which are found within the Project Area, but not including waste from abattoirs and tanneries. But excluding construction & demolition waste, and debris, which may be collected and disposed of separately by the respective municipal body.



ABBREVIATIONS

DBFOT Design Build, Finance, Operate and Transfer

DCA Draft Concession Agreement

FDR Fixed Deposit Receipt

FIPB Foreign Investment Promotion Board

GoI Government of India

GoMP Government Of Madhya Pradesh

ISWM Integrated Solid Waste Management

LOA Letter of Award

MoEF &CC Ministry of Environment, Forest and Climate Change

MSW Municipal Solid Waste

MSWM Municipal Solid Waste Management

NPPB Nagar Palika Parishad Bhind

NPAK Nagar Parishad Akoda

NPAL Nagar Parishad Alampur

NPPAM Nagar Palika Parishad Ambah

NPD Nagar Parishad Daboh

NPPGO Nagar Palika Parishad Gohad

NPGR Nagar Parishad Gormi

NPL Nagar Parishad Lahar

NPMA Nagar Parishad Mau

NPME Nagar Parishad Mehgaon

NPMI Nagar Parishad Mihona

NPPH Nagar Parishad Phoopkala

NPPPO Nagar Palika Parishad Porsa

NPS Nagar Parishad Sewda

PIM Project Information Memorandum

RFP Request For Proposal

SLF Sanitary Land Fill



SPV Special Purpose Vehicle

SWM Solid Waste Management

ULB Urban Local Body



DISCLAIMER

The information contained in this Request for Proposal document (the “RFP”) or subsequently provided to Bidder/Applicant(s), whether verbally or in documentary or any other form by or on behalf of the Authority-I or any of their employees or advisors, is provided to Bidder/Applicant(s) on the terms and conditions set out in this RFP and such other terms and conditions subject to which such information is provided. This RFP is not an agreement and is not an offer by the Authority-I to the prospective Bidder/Applicants or any other person. The purpose of this RFP is to provide interested parties with information that may be useful to them in preparing their bids (the “Bid”) including all the necessary submissions and the financial offers pursuant to this RFP. This RFP includes statements, which reflect various assumptions and assessments arrived at by the Authority-I or Authority in relation to the Project. Such assumptions, assessments and statements do not purport to contain all the information that each Bidder/Applicant may require. This RFP may not be appropriate for all persons, and it is not possible for the Authority-I, its employees or advisors to consider the investment objectives, financial situation and particular needs of each party who reads or uses this RFP. The assumptions, assessments, statements and information contained in this RFP may not be complete, accurate, adequate or correct. Each Bidder/Applicant should, therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, statements and information contained in this RFP and obtain independent advice from appropriate sources. Information provided in this RFP to the Bidder/Applicant(s) is on a wide range of matters, some of which depends upon interpretation of law. The information given is not an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. The Authority-I or Authority accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed herein. The Authority-I or Authority, its employees and advisors make no representation or warranty and shall have no liability to any person, including any Bidder/Applicant under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the RFP and any assessment, assumption, statement or information contained therein or deemed to form part of this RFP or arising in any way during the Bidding Process. The Authority-I also accepts no liability of any nature whether resulting from negligence or otherwise howsoever caused arising from reliance of any Bidder/Applicant upon the statements contained in this RFP. The Authority-I may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumptions contained in this RFP. The issue of this RFP does not imply that the Authority-I or Authority is bound to select a Bidder/Applicant or to appoint the Selected Bidder/Applicant or Concessionaire, as the case may be, for the Project and the Authority-I and Authority reserves the right to reject all or any of the Bidder/Applicants or Bids without assigning any reason whatsoever.



The Bidder/Applicant shall bear all its costs Associate/Affiliated with or relating to the preparation and submission of its Bid including but not limited to preparation, copying, postage, delivery fees, expenses Associate/Affiliated with any demonstrations or presentations which may be required by the Authority-I or any other costs incurred in connection with or relating to its Bid. All such costs and expenses will remain with the Bidder/Applicant and the Authority-I shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by a Bidder/Applicant in preparation or submission of the Bid, regardless of the conduct or outcome of the Bidding Process.



Commissioner / Mission Director SBM- SMD, UADD Bhopal

Request for Proposal (RFP) for

Integrated Solid Waste Management Project, Bhind Cluster Price of Document: Rs. 10,000 /- (Rupees Ten Thousand Only) plus service & gateway charges [non-refundable] is to be paid by Bidder/Applicant by making Online Payment at www.mpeproc.gov.in Commissioner/Mission Director SBM – SMD, UADD, Bhopal

http://www.mpeproc.gov.in/



1. INTRODUCTION

1.1 Background

1.1.1. Overview

Madhya Pradesh Urban Landscape The State of Madhya Pradesh (MP) in India is the fifth most populous State of the country and has 379 Urban Local Bodies (ULB). The urban area comprises 28% of the State’s population and contributes to 55% of the State’s gross domestic product. Keeping in view the rapid growth and commercialization of urban areas in recent years, Government of Madhya Pradesh (GoMP) has drawn upon an ambitious plan to promote Private Sector participation in urban infrastructure development and service delivery through engagement with international and/ or national private sector organizations to deliver efficient and affordable urban infrastructure services.

1.1.2. Swachh Bharat Mission (SBM) in urban India

Ministry of Urban Development is the implementing agency of the Swachh Bharat Mission (SBM) in urban India. SBM emanates from the vision of the Government for ensuring hygiene, waste management, and sanitation across the nation and aims for a Clean India under a collaborative framework of multiple stakeholders. As one of the key mission objectives is to develop modern and scientific municipal solid waste (MSW) practices, MoUD intends to support various states and cities in undertaking such projects through providing financial assistance and capacity building support

1.1.3. Project rationale and Philosophy

The Nagar Palika Parishad Bhind established under the provisions of the Madhya Pradesh Municipality Act 1961 (the “Authority”) and, Nagar Parishad Akoda, Nagar Parishad Alampur, Nagar Palika Parishad Ambah, Nagar Parishad Daboh, Nagar Palika Parishad Gohad, Nagar Parishad Gormi, Nagar Parishad Lahar, Nagar Parishad Mau , Nagar Parishad Mehgaon, Nagar Parishad Mihona, Nagar Parishad Phoolkala, Nagar Palika Parishad Porsa, and Nagar Parishad Sewda established under the provisions of the Madhya Pradesh Municipality Act 1961 are obligated to provide municipal solid waste management services within their respective jurisdictions. The aforesaid entities are collectively referred to as the “Participating ULBs”. With an objective to set up an “Integrated Municipal Solid Waste Management Project on regional basis through private participation on Design Build, Finance, Operate and Transfer (the “DBFOT‟) basis, the Authority adopted a one stage online competitive bidding process for selection of the Bidder/Applicant for award of the Project

1.1.4. Urban Local Bodies are mandated to undertake Solid Waste Management in their respective areas. Solid Waste Management in urban areas is governed by the “Municipal Solid Waste Management & Handling Rules 2000/SWM Rules 2016”, wherein all ULBs in India have been directed by the Ministry of Environment & Forests, Government of India (MoEF, GoI) to set up efficient management of Municipal Waste including: (1) Waste Collection. (2) Transportation (3) Waste Processing and (4) Disposal of Inert Waste in Sanitary Land Fill.



Because of non-viability of operating landfill site in smaller ULBs, where waste generation is around 3-15 TPD. The new landfill site coupled with high cost of development of sanitary land fill sites, Solid Waste Management in smaller cities have become difficult and financially challenging.

To make SWM services financially sustainable and efficient, it has become imperative for ULBs to devise strategies based on Integrated MSW Management Facilities on a Regional basis covering a cluster of ULB’s. A regional approach to MSWM (Municipal Solid Waste Management) is required to cover those ULBs the volume of waste generated is not sufficient to support a standalone approach to MSWM. The cluster approach of this RFP is based on a common processing cum disposal site at or near to the major waste generating city/town within the cluster i.e. here Nagar Palika

Parishad Bhind (NPPB), established under the provisions of the Madhya Pradesh Municipalities Act 1961. In addition, and depending on feasibility, the cluster will have Satellite Segregation/Processing Centre/s which will receive waste from the adjoining smaller Urban Local Bodies (ULBs) and inert waste is sent to the Common Sanitary Land Fill (SLF) site to be located at Shankar site to be located near Rachheri village, Bhind. The Concessionaire (successful Bidder/Applicant) shall be responsible to design, engineer, finance, procure, construct, operate, maintain and transfer of the Project under and in accordance with the provisions of a long-term concession agreement (the “Concession Agreement”) to be entered into between the Concessionaire and the Authority in the form provided by the Authority as part of the Bidding Documents pursuant hereto.

1.1.5. The scope of work for The Project is to construct and procure the infrastructure required for daily primary collection of Municipal Solid Waste generated within the participating ULBs (The Project Area) which shall include Door to Door collection from residential, commercial, institutional premises, secondary collection from market and other community places, transportation of waste to regional integrated Solid Waste Management Facility located at Bhind for processing and scientific disposal of waste in compliance of MSW rules for the Concession Period (20 years and 6 Months).The project also entails the Concessionaire to obtain all necessary statutory consents and clearances required for implementation of the Project, carry out IEC Activities, ensure EHS compliance, and billing of MSW management charges. The Concessionaire has to prepare the DPR and submit to Authority within 3(Three) months (90 days) and get all approvals and clearances and get financial closure within 8 (Eight) Months (240 days) from the date of signing of the Concession agreement. However the Concession period of 20 (Twenty) years and 6 (six) months which includes 15 (Fifteen) months for construction and procurement of infrastructure and 19 years and 3 months of ISWM Operation period shall commence from the appointed date i.e. the date of achieving financial closure by the Concessionaire.

However, the Concessionaire may start the operation of the project before the expiry of scheduled construction period of 15 months, if the construction and procurement of all components of the project has been completed, but the Concession Period will remain for 20 (Twenty) Years and 6 (six) months even if the construction and procurement of all components exceeds the scheduled time i.e. 15 months.



1.1.6. The Estimated Project Cost is Rs. 40.46 Crores. ( Rupees Forty Crores Forty Six lac Only) However the actual costs has to be determined by the Bidder/Applicant based on a techno-commercial due diligence at their own expenses.

1.1.7. The draft Concession Agreement sets forth the detailed terms and conditions for grant of the Concession to the Concessionaire, including the scope of the Concessionaire’s services and obligations (the “Concession”) enclosed as Volume II of this document.

1.1.8. The statements and explanations contained in this RFP are intended to provide a proper understanding to the Bidder/Applicants about the subject matter of this RFP and should not be construed or interpreted as limiting in any way or manner the scope of services and obligations of the Concessionaire set forth in the Concession Agreement or the Authority-I’s or Authority’s rights to amend, alter, change, supplement or clarify the scope of work, the concession to be awarded pursuant to this RFP or the terms thereof or herein contained. Consequently, any omissions, conflicts or contradictions in the Bidding Documents including this RFP are to be noted, interpreted and applied appropriately to give effect to this intent, and no claims on that account shall be entertained by Authority-I.

1.1.9. The Authority-I shall receive Bids pursuant to this RFP in accordance with the terms set forth in this RFP and other documents to be provided by the Authority pursuant to this RFP (collectively the "Bidding Documents"), as modified, altered, amended and clarified from time to time by the Authority-I, and all Bids shall be prepared and submitted in accordance with such terms.



1.2 The Project

1.2.1 The Project upon its implementation is envisaged to cover 14 ULBs as detailed in section 1.1.3.

It is envisaged that the Project area would have total daily waste generation of approximately 156 Tonnes per day based on the projected population of 2016. The Estimated project Cost is Rs. 40.46 Crores. This cost has been arrived on the basis that compost and other product or by-products shall be produced in waste processing plants at Bhind. Inert material has to be finally disposed as per MSW rules 2000/SWM 2016 at Regional Landfill in Bhind Only.

1.2.2 The Project (hereinafter referred to as 'the P0roject') shall be developed through PPP (Public

Private Partnership) mode under “Design, Finance, Build, Operate and Transfer” model.

The Project scope of work to be fulfilled by Concessionaire would be detailed out in the Concession Agreement and which shall broadly include the following aspects:

a) Complete management of generated all MSW in the whole project area, including residential, commercial, institutional, hotels, restaurants, markets, marriage garden, parks, dead animals, non-hazardous industrial waste, treated biomedical waste etc

b) Procuring equipment, plant and machinery required for carrying out the project activities, including 100% (hundred percent) Door-to-Door waste Collection, segregation, Transportation, material recovery setting up compost plant for processing of waste at sanitary landfill site considering that not more than 25% of the average daily collected waste generated within the project area shall be allowed for disposal;

c) Daily Primary and Secondary Collection of all MSW generated within the Project Area,

including MSW from residential (Door-to-Door Collection), commercial, institutional,

market places, public places etc., as per the definition of MSW in this Agreement, in

compliance with MSW Rules; Secondary collection of material accumulated through

street sweeping and waste from drain cleaning by the ULB’s staff and collected in

community bins;

d) Primary Collection of all MSW to be promoted in a segregated manner in compliance with MSW Rules;

e) Construction and O&M of Satellite Facility/transfer stations/ temporary storage facilities for handling of waste at allocated land in Mehgaon if required;

f) The MSW collection and transportation system should preferably be designed as a:

i. System in which community bins are provided for direct collection of other waste such as waste from street sweeping, drain cleaning, commercial places, garden waste, vegetable markets etc;



ii. System in which the waste in primary collection bins/ temporary waste storage facilities/community bins/transfer stations should be cleared once on daily basis or more frequently if needed.

iii. System in which sensors enabled smart bins such as with QR (Quick Response) code or RFID (Radio Frequency Identification) tags, to monitor the collection efficiency of the collection system

iv. System in which all the collection and transportation vehicles are deployed with GPS/ RFID tags to detect tempering, track and monitor the vehicles and hence efficiently plan the routing and resources for transportation system

g) Transportation of collected solid waste/MSW generated within Project Area in compliance with SWM Rules

i. Secondary transportation to ISWM Facility from transfer stations or directly from specific ULBs as the case may be on daily basis or once in three days as may be required;

ii. Secondary transportation to Satellite Station (Mehgaon) from transfer station/ temporary waste storage facility on daily basis or at least once in three days as may be required;

iii. Tertiary transportation of waste from Satellite Station to ISWM Facility at Bhind on daily basis.

iv. All the waste before weighing has to be compacted either in refuse compactor or static compactor for each ULB separately at satellite or transfer station or ISWM facility as the case may be.

h) Detailed designing, financing & developing integrated solid waste management facility, including waste material recovery/processing facility by applying appropriate technology and sanitary land fill site and relevant infrastructure as per the SWM Rules 2016 and other relevant applicable rules/regulations of GoI/GoMP at identified site at Bhind

i) Deployment of smart technologies at the ISWM Facility to enable centralised monitoring of day to day operations at the processing plant and sanitary landfill site like Sanitary landfill site - Heat sensors at the landfill facilities, Leakage detectors in HDPE Liners, smart weighbridges linked to centralized control rooms to monitor the operations at landfill site

j) Marketing & selling of recovered useful material from MSW;

k) Operation & maintenance of all Plant, vehicles, and civil infrastructures procured/created newly/transferred by the Authority within the purview of Project;

l) Billing of MSW user charges for solid waste management as may be notified by the Authority /Government on behalf of the Participating ULBs;



m) Obtaining of all necessary statutory consent and clearances required for implementation of the Project and maintaining thereon as per Applicable Laws;

n) Carrying out IEC (Information, Education and Communication) campaign to sensitize citizens about their role in achieving the objectives of the Project;

o) Ensuring Employee Health and Safely (EHS) compliance during the entire project duration, including the Implementation Period and ISWM Operations Period;

p) Any other terms and conditions specified in the Draft Concession Agreement.

The project is to be developed through PPP model and the technology for waste processing has been kept neutral but waste processing shall be mandatory however not more than 25% of the average daily collected waste shall be allowed for disposal at Sanitary Land Fill site. The concessionaire shall have freedom to choose the Waste Processing Technology (Compost/ RDF/ Waste To Energy or any product or by-product as permissible under SWM rules 2016) in accordance with the applicable laws to meet the technological and environmental norms and shall bear all the commercial risks Associate/Affiliated in waste processing

However the cost on which basis the grant shall be given to the concessionaire shall remain frozen at Rs. 40.46 Cr. This cost has been arrived at on the basis that compost and other product or by-products shall be produced. Any cost overrun because of change in technology or otherwise shall be borne by the Concessionaire. However if the capital cost for the project is less than the estimated project cost i.e 40.46 Cr then grant shall be reduced proportionately.

1.2.3 The following shall be financial structure based on the estimated cost of the project.

Grant from Government of India

under Swachh Bharat Mission participating

ULBs

30% of the actual Project Cost or 30%

of the estimated project cost,

whichever Is less.

Grant from Government of Madhya Pradesh

through participating ULBs

20% of the actual Project Cost or 20%

of the estimated project cost,

whichever Is less.

Private Operator Share Remaining actual Project Cost

GoMP is giving payment guarantee to concessionaire on behalf of ULBs, covering the risk of

default by ULBs for payment of tipping fee.

The concessionaire shall be paid monthly tipping fee based on the waste tonnage, covering the

scope of services mentioned in clause 1.2.2 above. In addition to the monthly tipping fee, the

concessionaire shall retain all the revenue accrued from the sale of recyclables, sale of compost

or any other product/by-product. The concessionaire shall retain the revenue accrued from

advertisements on vehicles only as per the Advertisement policy of Govt.



1.3 Brief Description of Bidding Process 1.3.1 The Authority-I invites Bidder/Applicants (“Bidder/Applicant”) to submit their Bids for the

Project. The Authority-I has adopted a single-stage Two (2) envelop bidding process (referred to

as the “Bidding Process”) for selection of the Bidder/Applicant for award of the Project.

1.3.2 The Bidder/Applicants are requested to submit their Technical and Financial Bids in accordance

with the Bidding Documents (“the Bids”). The Bid shall be valid for a period of not less than 120

(one hundred and twenty) days from the date for submission of Bids (the “Bid Due Date”).

1.3.3 The Bidding Documents include Instruction to Bidder/Applicants, the draft Concession

Agreement and Project Information Memorandum (the “PIM”). Subject to the provisions of

Clause 2.1.5 herein below, the aforesaid documents and any addenda issued subsequent to this

RFP Document, but before the Bid Due Date, will be deemed to form part of the Bidding

Documents.

1.3.4 The Bid Document shall be available to all the Bidder/Applicants from e-procurement website

www.mpeproc.gov.in as per Date/Time mentioned on e-procurement portal on payment of

non-adjustable & non-refundable amount of Rs.10000 plus service & gateway charges.

1.3.5 Bid Security

(a) A Bidder/Applicant is required to deposit, along with its Bid, a bid security equivalent to

0.5% (zero point five percent) of the Estimated Project Cost (the “Bid Security”) equivalent

to INR 20.23 Lakhs (Twenty Lakh and twenty three thousand ) refundable not later than 180

(One Hundred Eighty) days from the Bid Due Date except in the case of the preferred

Bidder/Applicant. The Bidder/Applicants will have an option to provide Bid Security in the

form of a demand draft or Fixed Deposit Receipt (FDR) or Bank Guarantee (BG) from any

Scheduled commercial Bank/Nationalized Bank in India drawn in favour of Chief Municipal

Officer , Nagar Palika Parishad, Bhind and payable at Bhind, Madhya Pradesh, India and in

such event, the validity period of the demand draft or FDR or Bank Guarantee (BG), as the

case may be, shall not be less than 180 (one hundred and eighty) days from the Bid Due

Date, inclusive of a claim period of 60 (sixty) days, and may be extended as may be mutually

agreed between the Authority and the Bidder/Applicant from time to time. The Bid shall be

summarily rejected if it is not accompanied by the Bid Security.

(b) Bid security in the form of Bank Guarantee/Demand Draft of “Foreign Banks”, which have

presence in India and are approved by RBI, shall be accepted. The bidder shall submit a

proof for such presence and approval with bid doucements.

http://www.mpeproc.gov.in/



1.3.6 Bidder/Applicants would need to submit the following sets of documents on e-procurement

portal as well as in physical form (except Financial Offer which shall be submitted online only) as

part of their Bid.

1 Documents mentioned in Clause 2.14.4 - “Qualification Documents ” and

2 Technical Proposal as mentioned in Clause 2.14.4 – “Technical Proposal” and

3 Financial Offer as mentioned in Clause 2.14.4 - “Financial Bid”.

1.3.7 The evaluation of the Bid submissions would be carried out in the following three stages.

a. The first stage would involve a test of responsiveness. Those Bids found to be

substantially responsive would be evaluated in the second stage.

b. In the second stage, the information of the Bidder/Applicants relating to their eligible

experience and financial capability would be evaluated as per Clause 3.6 and 3.7 of the

RFP. Further, the proposed plan submitted by the Bidder/Applicants for undertaking

the Project as per Clause 3.10 would be scrutinized. Only those Bidder/Applicants who

qualify in the second stage would be considered for evaluation in the third stage.

c. In the third stage, the Online Financial Bid would be opened and evaluated to identify

the Preferred Bidder/Applicant.

1.3.8 Generally, the Preferred Bidder/Applicant (the “Preferred Bidder/Applicant”) shall be the

Bidder/Applicant quoting the lowest tipping fee (Lowest Bidder/Applicant). The remaining

Bidder/Applicants shall be kept in reserve and may, in accordance with the process specified in

provisions of Clause 3.11 below of this RFP, be invited to match the Bid submitted by the Lowest

Bidder/Applicant in case the Lowest Bidder/Applicant withdraws or is not selected for any

reason. In the event that none of the other Bidder/Applicants match the Bid of the Lowest

Bidder/Applicant, the Authority-I may, in its discretion, invite fresh Bids from all

Bidder/Applicants or annul the Bidding Process, as the case may be.

1.3.9 Bidder/Applicants are strongly recommended to examine the Project in greater detail, and to

carry out, at their cost, such studies as may be required for submitting their respective Bids for

award of the Concession including implementation of the Project. The Authority will not be held

responsible for any incorrect decision arrived at by the Bidder/Applicants based on the data

provided in this RFP document.

1.3.10 Bids are invited for the Project on the basis of the lowest Tipping Fee payable by the Authority

to the Concessionaire for implementing the Project. The Concession Period is pre-determined,

as indicated in the Draft Concession Agreement. The Tipping Fee required shall constitute the

sole criteria for evaluation of Bids.

1.3.11 Participating ULBs shall levy MSW/SW Management charges (user charges) on the citizens as

per the power vested with them under relevant clause of Municipalities Act. However, the

Concessionaire shall be responsible for Billing of MSW/SW Management charges on behalf of



Participating ULBs in the manner set out in draft Concession Agreement. However the collection

of user charges shall be the responsibility of the Participating ULBs in their respective territories.

1.3.12 Further details of the process to be followed at the Bid Stage and the terms thereof are spelt

out in this RFP.

1.3.13 Any queries or request for additional information concerning this RFP shall be submitted in

writing or by fax or through email to the officer designated as set out in Clause 2.14.9 below.

The envelopes/ communication shall clearly bear the following identification/ title:

“Queries/ Request for Additional Information: RFP for Bhind Cluster –Integrated Solid Waste

Management Project”.



2. INSTRUCTIONS TO BIDDER/APPLICANTS

A. GENERAL 2.1 General terms of Bidding

2.1.1 The Bidder/Applicant

(a) may be a person, including any individual, firm, Company, Corporation, society, trust or any association or partnerships (whether or not having separate legal personality) of two or maximum of three of the above and shall include succession and assigns; or

(b) may be a single entity or a group of entities (the “Consortium not exceeding 03 (three) members”), coming together to implement the Project.

2.1.2 A Bidder/Applicant is eligible to submit only one Bid for the Project. A Bidder/Applicant bidding individually or as a member of a Consortium shall not be entitled to submit another Bid either individually or as a member of any other Consortium, as the case may be.

The term Bidder/Applicant used herein would apply to both a single entity and a Consortium.

2.1.3 Unless the context otherwise requires, the terms not defined in this RFP, but defined in the Concession Agreement for the Project shall have the meaning assigned thereto in the Concession Agreement.

2.1.4 Notwithstanding anything to the contrary contained in this RFP, the detailed terms specified in Concession Agreement shall have overriding effect; provided, however, that any conditions or obligations imposed on the Bidder/Applicant hereunder shall continue to have effect in addition to its obligations under the Concession Agreement.

2.1.5 The information continued in Project Information memorandum (PIM) [Volume III of this RFP document] for the Project is being provided only as a preliminary reference document by way of assistance to the Bidder/Applicants who are expected to carry out their own surveys, investigations and other detailed examinations before submitting the Bids. Nothing contained in the Reports in PIM shall be binding on the Authority nor confer any rights on the Bidder/Applicants, and the Authority shall have no liability whatsoever in relation to or arising out of any or all contents of the Reports in PIM.

2.1.6 The Financial Bid should be furnished in the format provided on e-procurement portal (as per Appendix IX) clearly indicating the bid amount in both figures and words, in Indian Rupees and digitally signed by the Bidder/Applicant’s authorised signatory. In the event of any difference between figures and words, the lowest amount of the figures or words shall be taken into account.



2.1.7 The Financial Bid shall consist of Tipping Fee, to be quoted by the Bidder/Applicant. Tipping Fee shall be payable by the Authority to the Concessionaire as per the terms and conditions of this RFP and the provisions of the Draft Concession Agreement.

2.1.8 The Bidder/Applicant shall furnish a Bid Security as per Clause 1.3.5 and in accordance with the provisions of this RFP.

2.1.9 The validity period of the Bank Guarantee or Demand Draft, as the case may be, shall not be less than 180 (one hundred and eighty) days from the Bid Due Date, inclusive of a claim period of 60 (sixty) days, and may be extended as may be mutually agreed between the Authority and the Bidder/Applicant. The Bid shall be summarily rejected if it is not accompanied by the Bid Security. The Bid Security shall be refundable no later than 60 (sixty) days from the Bid Due Date except in the case of the Selected Bidder/Applicant whose Bid Security shall be retained till it has provided a Performance Security under the Concession Agreement.

2.1.10 The Bidder/Applicant should submit a Power of Attorney as per the format at Appendix III, authorising the signatory of the Bid to commit the Bidder/Applicant.

2.1.11 In case the Bidder/Applicant is a Consortium, the Members thereof should furnish a Power of Attorney in favour of the Lead Member in the format at Appendix IV.

2.1.12 Any condition or qualification or any other stipulation contained in the Bid submission shall render the Bid submission liable to rejection as a non-responsive Bid submission.

2.1.13 The Bid submission and all communications in relation to or concerning the Bidding Documents and the Bid submission shall be in English language.

2.1.14 The Bidding Documents including this RfP and all attached documents are and shall remain the property of the Authority-I and are transmitted to the Bidder/Applicants solely for the purpose of preparation and the submission of a Bid in accordance herewith. Bidder/Applicants are to treat all information as strictly confidential and shall not use it for any purpose other than for preparation and submission of their Bid. The Authority-I will not return any Bid or any information provided along therewith.

2.1.15 A Bidder/Applicant shall not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding Process. Any Bidder/Applicant found to have a Conflict of Interest shall be disqualified. In the event of disqualification, the Authority shall be entitled to forfeit and appropriate the Bid Security or Performance Security, as the case may be, as mutually agreed genuine pre-estimated loss and damage likely to be suffered and incurred by the Authority and not by way of penalty for, inter alia, the time, cost and effort of the Authority, including consideration of such Bidder/Applicant’s proposal (the “Damages”), without prejudice to any other right or remedy that may be available to the Authority under the Bidding Documents and/ or the draft Concession Agreement or otherwise. Without limiting the generality of the above, a Bidder/Applicant shall be deemed to have a Conflict of Interest affecting the Bidding Process, if:

i. the Bidder/Applicant, its Member or Associate/Affiliate (or any constituent thereof) and any other Bidder/Applicant, its Member or any Associate/Affiliate thereof (or any constituent thereof) have common controlling shareholders or other



ownership interest; provided that this disqualification shall not apply in cases where the direct or indirect shareholding of a Bidder/Applicant, its Member or an Associate/Affiliate thereof (or any shareholder thereof having a shareholding of more than 5% (five per cent) of the paid up and subscribed share capital of such Bidder/Applicant, Member or Associate/Affiliate, as the case may be) in the other Bidder/Applicant, its Member or Associate/Affiliate, is less than 5% (five per cent) of the subscribed and paid up equity share capital thereof; provided further that this disqualification shall not apply to any ownership by a bank, insurance company,

pension fund or a public financial institution referred to subsection (72) of section 2 of of the Companies Act, 2013. For the purposes of this Clause 2.1.14, indirect shareholding held through one or more intermediate persons shall be computed as follows: (aa) where any intermediary is controlled by a person through management control or otherwise, the entire shareholding held by such controlled intermediary in any other person (the “Subject Person”) shall be taken into account for computing the shareholding of such controlling person in the Subject Person; and (bb) subject always to sub-clause (aa) above, where a person does not exercise control over an intermediary, which has shareholding in the Subject Person, the computation of indirect shareholding of such person in the Subject Person shall be undertaken on a proportionate basis; provided, however, that no such shareholding shall be reckoned under this sub-clause (bb) if the shareholding of such person in the intermediary is less than 26% of the subscribed and paid up equity shareholding of such intermediary; or

ii. a constituent of such Bidder/Applicant is also a constituent of another Bidder/Applicant; or

iii. such Bidder/Applicant, its Member or any Associate/Affiliate thereof receives or has received any direct or indirect subsidy, grant, concessional loan or subordinated debt from any other Bidder/Applicant, its Member or Associate/Affiliate, or has provided any such subsidy, grant, concessional loan or subordinated debt to any other Bidder/Applicant, its Member or any Associate/Affiliate thereof; or

iv. such Bidder/Applicant has the same legal representative for purposes of this Bid as any other Bidder/Applicant; or

v. such Bidder/Applicant, or any Associate/Affiliate thereof, has a relationship with another Bidder/Applicant, or any Associate/Affiliate thereof, directly or through common third party/ parties, that puts either or both of them in a position to have access to each others’ information about, or to influence the Bid of either or each other; or

vi. such Bidder/Applicant or any Associate/Affiliate thereof has participated as a consultant to the Authority in the preparation of any documents, design or technical specifications of the Project.

Explanation:



In case a Bidder/Applicant is a Consortium, then the term Bidder/Applicant as used in this Clause 2.1.14, shall include each Member of such Consortium.

2.1.16 A Bidder/Applicant shall be liable for disqualification and forfeiture of Bid Security if any legal,

financial or technical adviser of the Authority in relation to the Project is engaged by the Bidder/Applicant, its Members or any Associate/Affiliate thereof, as the case may be, in any manner for matters related to or incidental to such Project during the Bidding Process or subsequent to the (i) issue of the LOA or (ii) execution of the Concession Agreement. In the event any such adviser is engaged by the Selected Bidder/Applicant or Concessionaire, as the case may be, after issue of the LOA or execution of the Concession Agreement for matters related or incidental to the Project, then notwithstanding anything to the contrary contained herein or in the LOA or the Concession Agreement and without prejudice to any other right or remedy of the Authority, including the forfeiture and appropriation of the Bid Security or Performance Security, as the case may be, which the Authority may have there under or otherwise, the LOA or the Concession Agreement, as the case may be, shall be liable to be terminated without the Authority being liable in any manner whatsoever to the Selected Bidder/Applicant or Concessionaire for the same. For the avoidance of doubt, this disqualification shall not apply where such adviser was engaged by the Bidder/Applicant, its Member or Associate/Affiliate in the past but its assignment expired or was terminated 6 (six) months prior to the date of issue of RFP for the Project. Nor will this disqualification apply where such adviser is engaged after a period of 3 (three) years from the date of commercial operation of the Project.

2.1.17 This RFP is not transferable.

2.1.18 Any award of Concession pursuant to this RFP shall be subject to the terms of Bidding Documents.

2.1.19 To be eligible, a Bidder/Applicant shall fulfil the following conditions of eligibility set out in this RFP document Clause 3.6 and Clause 3.7.

2.1.20 The Bidder/Applicants shall enclose with its Bid, to be submitted as per the format at Appendix I, complete with its Appendices.

2.1.21 :

a) Where the Applicant is a single entity, once selected as a concessionaire shall have to

form a Special Purpose Vehicle (SPV) incorporated under Indian Companies Act 2013

before signing of the Concessionaire agreement.

b) In case applicant is a consortium then in addition to forming SPV once it is selected as

a Concessionaire, comply with the following additional requirements:

A. Number of members in a consortium shall not exceed 3 (three),



B. subject to the provisions of sub-clause (A) above, the Application should contain the information required for each member of the Consortium;

C. members of the Consortium shall nominate one member as the lead member (the “Lead Member”), who shall have an equity share holding of at least 26% (twenty six per cent) of the paid up and subscribed equity of the SPV. The nomination(s) shall be supported by a Power of Attorney, as per the format at Appendix - VIII, signed by all the other members of the Consortium;

D. the Application should include a brief description of the roles and responsibilities of individual members, particularly with reference to financial, technical and O&M obligations;

E. an individual Applicant cannot at the same time be member of a Applicant Consortium applying. Further, a member of a particular Applicant Consortium cannot be member of any other Applicant Consortium;

F. members of the Consortium shall enter into a binding Joint Bidding Agreement, substantially in the form specified at Appendix -XII (the “Jt. Bidding Agreement”), for the purpose of making the Application and submitting a Bid in the event of being short-listed. The Jt. Bidding Agreement, to be submitted along with the Application, shall, inter alia:

i. convey the intent to form an SPV with shareholding/ ownership equity commitment(s) in accordance with this RFP, which would enter into the Concession Agreement and subsequently perform all the obligations of the Concessionaire in terms of the Concession Agreement, in case the Project is awarded to the Consortium;

ii. clearly outline the proposed roles and responsibilities, if any, of each member;

iii. commit the minimum equity stake to be held by each member;

iv. The “Lead Member” shall have a minimum 26% (twenty six per cent) of the paid up and subscribed equity of the SPV, during the implementation Period. The Consortium Members other than the Lead Member should have a minimum 11% of the subscribed and paid up equity of the SPV. This shareholding shall be maintained from the date of the signing of the Concession Agreement and till implementation period.

v. members of the Consortium undertake that they shall collectively hold at least



a) 51% (fifty one per cent) of the subscribed and paid up equity of all the SPV during Implementation period,

b) 33% (Thirty Three Percent) of its paid up equity capital during 3 years commencing from the COD ISWM facility; and

c) 26% (Twenty Six Percent) or such lower proportion as may be permitted by the Authority during the remaining agreement period, of its paid up equity capital; and

vi. include a statement to the effect that all members of the Consortium shall be liable jointly and severally for all obligations of the Concessionaire in relation to the Project until the Financial Close of the Project is achieved in accordance with the Concession Agreement; and

G. except as provided under this RFP and the Bidding Documents, there shall not be any amendment to the Jt. Bidding Agreement without the prior written consent of the Authority-I during the Bidding Period;

c) The Applicant should submit a Power of Attorney as per the format at Appendix III, authorizing the signatory of the Application to commit the Applicant. In the case of a Consortium, the Members should submit a Power of Attorney in favour of the Lead Member as per format at Appendix - IV.

d) The Applicant may seek qualification on the basis of capability of its Parent Company

and / or it’s Associate/Affiliate (s) for the purpose of meeting the Qualification

Requirements. In case of the Applicant being a Consortium, any Member may seek

qualification on the basis of capability of its Parent Company and / or its Affiliate(s).

Authorization for use of such technical or financial capability shall have to be provided

from its Parent Company and/or Associate/Affiliate (s) in line with Exhibit –I. The

financial capability of a particular company, including its Parent Company (ies) and / or

Associate/Affiliate shall not be used by more than one Application.

The documentary evidence determining the relationship of Parent Company or

Associate/Affiliate with the Applicant or with the Member of the Consortium, including

the Lead Member, shall not be dated prior to 01st April, 2018. Documentary evidence

certified by the Auditor to establish such relationship shall be furnished by the

Bidder/Applicant along with the Application.

2.1.22 Any entity which has been barred by the Central/ State Government, or any entity controlled by them, from participating in any project (BOT or otherwise), and the bar subsists as on the date of Bid, would not be eligible to submit a Bid, either individually or as member of a Consortium.

2.1.23 A Bidder/Applicant/ Consortium Member or Associate/Affiliates should, in the last three years, have neither failed to perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Bidder/Applicant/ Consortium Member or Associate/Affiliates as the case may be, nor been



expelled from any project or contract by any public entity nor have had any contract terminated by any public entity for breach by such Bidder/Applicant/ Consortium Member or Associate/Affiliates.

2.1.24 In computing the Technical Capacity, Net Worth and Annual Turnover of the Bidder/Applicant/ Consortium Members under Clauses 3.6 and 3.7, the Technical Capacity and Net Worth of their respective Associate/Affiliates would also be eligible hereunder.

For purposes of this RFP, Associate/Affiliate means, in relation to the Bidder/Applicant/ Consortium Member, a person who controls, is controlled by, or is under the common control with such Bidder/Applicant/ Consortium Member (the “Associate/Affiliate”). As used in this definition, the expression “control” means, with respect to a person which is a company or corporation, the ownership, directly or indirectly, of more than 50% (fifty per cent) of the voting shares of such person, and with respect to a person which is not a company or corporation, the power to direct the management and policies of such person, whether by operation of law.

2.1.25 The following conditions shall be adhered to while submitting a Bid:

(i) Bidder/Applicants should attach clearly marked and referenced continuation sheets in the event that the space provided in the prescribed forms in the Annexes is insufficient. Alternatively, Bidder/Applicants may format the prescribed forms making due provision for incorporation of the requested information;

(ii) information supplied by a Bidder/Applicant (or other constituent Member if the Bidder/Applicant is a Consortium) must apply to the Bidder/Applicant, Member or Associate/Affiliate named in the Bid and not, unless specifically requested, to other Associate/Affiliated companies or firms;

(iii) Bidder/Applicants should demonstrate their capacity in accordance with Clause 3.6 and Clause 3.7 below; and

2.1.26 While qualification is open to applicants from any country, the following provisions shall apply:

(a) Where, on the date of the application Bidders involving foreign equity shall need clearance from Foreign Investment Promotion Board (FIPB) at Delhi,

and all other appropriate clearances a, 25% (twenty five percent) or more of the aggregate issued, subscribed and paid up equity share capital in an Applicant or its member is held by persons resident outside India; or

(b) If at any subsequent stage after the date of the Application, there is an acquisition of 25% or more of the aggregate issued, subscribed and paid up equity share capital or control, by persons resident outside India, in or of the Applicant or its Member;] [Then the Qualification of such Applicant shall be subject to approval of the Authority from national security and public interest perspective. The decision of the Authority I in this behalf shall be final ad conclusive and binding on the Applicant.]



The holding or acquisition of equity or control, as above, shall include direct or indirect holding/acquisition, including by transfer, of the direct or indirect or legal or beneficial ownership or control, by persons acting for themselves or in concert and in determining such holding or acquisition, the Authority I shall be guided by the principles, precedents and definition contained in the Securities and Exchange Board of India (Substantial Acquisition of Shares and takeovers) Regulations. 2011, or any substitute thereof, as in force on the date of such acquisition). The applicant shall promptly inform the Authority of any change in the shareholding, as above, and failure to do so shall render the Applicant liable for disqualification from the Bidding Process.

2.2 Deleted.

2.3 Change in Ownership

2.3.1 The “Lead Member” of the consortium shall hold not less than 26% (twenty six percent) of the

equity in SPV during the implementation period. The other members of the consortium, whose

technical and financial capacity was evaluated for the purpose of qualification and short listing

in response to the Request for Proposal, shall hold not less than 11% (eleven percent) of Equity

of SPV, during the implementation period.

The Bidder/Applicant further acknowledges and agrees that the aforesaid obligation shall be the

minimum, and shall be in addition to such other obligations as may be contained in the

Concession Agreement, and a breach hereof shall not withstanding anything to the contrary

contained in the Concession Agreement, be deemed to be a breach of the Concession

Agreement and dealt with as such there under. For the avoidance of doubt, the provisions of

this Clause 2.3 shall apply only when the Bidder/Applicant is a Consortium.

2.3.2 By submitting the Bid, the Bidder/Applicant shall also be deemed to have acknowledged and

agreed that in the event of a change in control of a Consortium Member or an

Associate/Affiliate whose Technical Capacity and/ or Financial Capacity was taken into

consideration for the purposes of short-listing and pre-qualification under and in accordance

with the RFQ, the Bidder/Applicant shall be deemed to have knowledge of the same and shall be

required to inform the Authority-I forthwith along with all relevant particulars about the same

and the Authority may, in its sole discretion, disqualify the Bidder/Applicant or withdraw the

LOA from the Selected Bidder/Applicant, as the case may be. In the event such change in control

occurs after signing of the Concession Agreement but prior to Financial Closure of the Project, it

would, notwithstanding anything to the contrary contained in the Concession Agreement, be

deemed to be a breach of the Concession Agreement, and the same shall be liable to be

terminated without the Authority being liable in any manner whatsoever to the Concessionaire.

In such an event, notwithstanding anything to the contrary contained in the Concession

Agreement, the Authority shall be entitled to forfeit and appropriate the Bid Security or



Performance Security, as the case may be, as Damages, without prejudice to any other right or

remedy that may be available to the Authority under the Bidding Documents and/ or the

Concession Agreement or otherwise

2.4 Number of Bids and the Cost thereof 2.4.1 No Bidder/Applicant shall submit more than one Bid for the Project. A Bidder/Applicant applying

individually or as a member of a Consortium shall not be entitled to submit another Bid either

individually or as a member of any Consortium, as the case may be.

2.4.2 The Bidder/Applicants shall be responsible for all of the costs Associate/Affiliated with the

preparation of their Bids and their participation in the Bid Process. The Authority I will not be

responsible or in any way liable for such costs, regardless of the conduct or outcome of the

Bidding Process.

2.5 Site visit and verification of information 2.5.1 Prior to submitting the Proposal, the Bidder/Applicant is encouraged to visit and examine the

project site and its surroundings, obtain and ascertain for themselves all technical data, and

other information necessary for preparing their Proposal (bid) including carrying out necessary

technical surveys, field investigations, market & demand assessment (for waste processing),

assets condition assessment etc. at its own cost and risk. Bidder/Applicants are encouraged to

submit their respective Bids after visiting the Project site/area to ascertain the ground situation,

coverage, quality of assets or any other matter considered relevant by it. The Bidder/Applicant

shall be deemed to have full knowledge of the site conditions, whether physically inspected or

not, if Bidder/Applicant submits a Proposal for this project.

2.5.2 For the above purpose, the Bidder/Applicants may approach the Authority for assistance during

any site visit. The Bidder/Applicants shall be responsible for all arrangements and shall release

and indemnify the Authority and/or any of its agencies/consultants/advisors from and against

all liability in respect hereof and shall be solely responsible for any personal injury, loss of or

damage to property or any other loss, damage, costs or expenses, however caused, which, but

for the exercise of such permission, would not have arisen due to this RFP.

It shall be deemed that by submitting a Bid, the Bidder/Applicant has:

- made a complete and careful examination of the Bidding Documents;

- received all relevant information requested from the Authority;

- acknowledged and accepted the risk of inadequacy, error or mistake in the information provided in the Bidding Documents or furnished by or on behalf of the Authority relating to any of the matters referred to in Clause 2.5.1 above;



- satisfied itself about all matters, things and information including matters referred to in Clause 2.5.1 hereinabove necessary and required for submitting an informed Bid, execution of the Project in accordance with the Bidding Documents and performance of all of its obligations there under;

- acknowledged and agreed that inadequacy, lack of completeness or incorrectness of information provided in the Bidding Documents or ignorance of any of the matters referred to in Clause 2.5.1 hereinabove shall not be a basis for any claim for compensation, damages, extension of time of performance of its obligations, loss of profit etc. from the Authority, or a ground for termination of the Concession Agreement; and

- agreed to be bound by the undertakings provided by it under and in terms hereof.

2.5.3 The Authority-I shall not be liable for any omission, mistake or error on the part of the

Bidder/Applicant in respect of any of the above or on account of any matter or thing arising out

of or concerning or relating to RFP, the Bidding Documents or the Bidding Process, including any

error or mistake therein or in any information or data given by the Authority.

2.6 Acknowledgement by Bidder

2.6.1 It shall be deemed that by submitting a Bid, The Bidder has:

(a) made a complaint and careful examination of the Bidding Documents:

(b) received all relevant information requested from the Authority;

(c) accepted risk of inadequacy, error or mistake in the information provided in the bidding documents or furnished by or on behalf of the Authority relating to any of the matters referred to in Clause 2.5 above;

(d) agreed to be bound by the undertakings provided by it under and in terms of hereof

2.7 Deleted

2.8 Right to accept and to reject any or all Bids 2.8.1 The Authority-I reserves the right to verify all statements, information and documents

submitted by the Bidder/Applicant in response to the RFP and the Bidder/Applicant shall, when

so required by the Authority-I, make available all such information, evidence and documents as

may be necessary for such verification. Any such verification or lack of such verification, by the

Authority-I shall not relieve the Bidder/Applicant of its obligations or liabilities hereunder nor

will it affect any rights of the Authority-I thereunder. Failure of the Authority-I to undertake

such verification shall not relieve the Bidder/Applicant of its obligations or liabilities hereunder

nor will it affect any rights of the Authority-I thereunder.

2.8.2 Notwithstanding anything contained in this RFP, the Authority I reserves the right to accept or reject any Bid and to annul the Bidding Process and reject all Bids at any time without any



liability or any obligation for such acceptance, rejection or annulment, and without assigning any reasons therefor

2.8.3 The Authority-I reserves the right to reject any Bid if:

- at any time, a material misrepresentation is made or uncovered either, ,

(i) Before or during the evaluation of bid;

Or

(ii) After the bids have been evaluated; and

The bid security shall be forfeited,

- The Bidder/Applicant does not provide any supplemental information sought by the

Authority –I, within the specified time, for evaluation of the bid. The bid shall be

treated as non- responsive.

2.8.4 In case it is found during the evaluation or at any time before signing of the Concession

Agreement or after its execution and during the period of subsistence thereof, including the

Concession thereby granted by the Authority, that one or more of the qualification conditions have

not been met by the Bidder/Applicant or the Bidder/Applicant has made material misrepresentation

or has given any materially incorrect or false information, the Bidder/Applicant shall be disqualified

forthwith if not yet appointed as the Concessionaire either by issue of the LOA or entering into the

Concession Agreement, and if the Bidder/Applicant has already been issued the LOA or has entered

into the Concession Agreement, as the case may be, the same shall, notwithstanding anything to the

contrary contained therein or in this RFP, be liable to be terminated, by a communication in writing by

the Authority to the Bidder/Applicant, without the Authority being liable in any manner whatsoever to

the Bidder/Applicant or Concessionaire, as the case may be. In such an event, the Authority shall

forfeit and appropriate the Bid Security or Performance Security, as the case may be, as mutually

agreed genuine pre-estimated compensation and damages payable to the Authority for, inter alia,

time, cost and effort of the Authority, without prejudice to any other right or remedy that may be

available to the Authority.



B. DOCUMENTS

2.9 Contents of the RFP

This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below, and will

additionally include any Addenda issued in accordance with Clause 2.9.

Invitation for Bids

Section 1. Introduction

Section 2. Instructions to Bidder/Applicants

Section 3. Evaluation of Bids

Section 4. Fraud and Corrupt Practices

Section 5. Pre-Bid Conferences

Section 6. Miscellaneous

Appendices

I Letter comprising the Bid

II Details of the Applicant

III Power of Attorney for signing of Bid

IV Power of Attorney for Lead Member of Consortium

V Anti-Collusion Certificate

VI(a),VI(aa) and

VI(b) Format for Financial Capacity

VII Format for Technical Experience

VIII,VIII(A),VIII(B)

and VIII(C) Format for Technical Proposal

IX Format for Financial Offer ( To be submitted online

only)

X and XA Certificate from the Statutory Auditor regarding

PPP projects and EPC projects

XI Statement of Legal Capacity

XII Joint Bidding Agreement

XIII Bank Guarantee for Bid Security



The draft Concession Agreement (Volume II) and the PIM (Volume III) to be provided by the

Authority-I as part of the Bid Documents shall be deemed to be part of this RFP.

2.10 Clarifications

2.10.1 Bidder/Applicants requiring any clarification on the RFP may notify the Authority I in writing or

by fax and e-mail to the address provided in Clause 2.14.8. They should send in their queries as

specified in Key Dates. The Authority-I shall endeavour to respond to the queries before the

date specified in the schedule of Bidding Process contained in key Dates. The Authority-I shall

endeavour to respond to the queries within the period specified therein, but no later than 10

(ten) days prior to the Bid Due Date. The responses will be sent by fax or e-mail or uploaded on

the e-procurement portal.

2.10.2 The Authority-I shall endeavour to respond to the questions raised or clarifications sought by

the Bidder/Applicants. However, the Authority reserves the right not to respond to any question

or provide any clarification, in its sole discretion, and nothing in this Clause shall be taken or

read as compelling or requiring the Authority-I to respond to any question or to provide any

clarification.

2.10.3 The Authority-I may also on its own motion, if deemed necessary, issue interpretations and

clarifications to all Bidder/Applicants. All clarifications and interpretations issued by the

Authority-I shall be deemed to be part of the Bidding Documents. Verbal clarifications and

information given by Authority-I or its employees or representatives shall not in any way or

manner be binding on the Authority-I/Authority.

2.11 Amendment of Bidding Document

2.11.1 At any time prior to the deadline for submission of Bids, the Authority-I may, for any reason,

whether at its own initiative or in response to clarifications requested by a Bidder/Applicant,

modify the RFP by the issuance of Addenda;

2.11.2 Any Addendum thus issued will be sent in writing to all the Bidder/Applicants or will be

published on e-procurement portal; and

2.11.3 In order to afford the Bidder/Applicants a reasonable time for taking an Addendum into

account, or for any other reason, the Authority-I may, at its own discretion, extend the Bid Due

Date.



C. PREPARATION AND SUBMISSION OF BIDS

2.12 Language

The Bids and all related correspondence and documents in relation to the Bidding Process shall be in English language. Supporting documents and printed literature furnished by the Bidder/Applicant with the Bid may be in any other language provided that they are accompanied by appropriate translations of the pertinent passages in the English language, duly authenticated and certified by the Bidder/Applicant. Supporting materials, which are not translated into English, may not be considered. For the purpose of interpretation and evaluation of the Bid, the English language translation shall prevail.

2.13 Format and Signing of Bid

2.13.1 The Bidder/Applicant shall provide all the information sought under this RFP. The Authority-I

will evaluate only those Bids that are received in the required formats and complete in all

respects. Incomplete and/or conditional Bids shall be liable to rejection. Those bids which are

not in the required formats will be termed as “non-responsive”.

2.13.2 The Bidder/Applicant shall submit one original and one copy of the entire Bid in physical form as

well as the same must also be uploaded on e-procurement portal. In the event of any

discrepancy Bid submitted on e-procurement portal shall prevail.

2.13.3 The physically submitted Bid and its copies shall be typed or written in indelible ink and signed

by the authorised signatory of the Bidder/Applicant who shall also initial each page in blue ink

and documents submitted online must be digitally signed. In case of printed and published

Documents, only the cover shall be initialled. All the alterations, omissions, additions or any

other amendments made to the Bid shall be initialled by the person(s) signing the Bid. The Bid

shall contain page numbers and shall be bound together in hard cover.

2.14 Sealing and Marking of Bid

2.14.1 The Bidder/Applicant shall submit the Bids in the manner specified in this Clause 2.12.

2.14.2 The Bidder/Applicant shall submit the Proposal in accordance with the guidelines prescribed in

this RFP, Instructions to Bidder/Applicants for participation in e-Tendering and ensure that the

Proposal is complete in all aspects. The Authority reserves the right to reject Proposals that do

not conform to the clause as prescribed in the various sections of this RFP.

2.14.3 The Proposal shall be submitted in two parts, viz.,

Part I–Qualification Documents & Technical Proposal (in Physical Form as well as on e-procurement

Portal)

Part II – Financial Bid (Only on e-procurement Portal) as per template available on e-procurement

portal. The Financial Offer should be contained in Part III only. Inclusion of any Financial Offer in other

parts would lead to disqualification of the Proposal.

The Bidder/Applicant shall submit 2 (two) copies of each of the Part 1 and Part II Proposals in

separate envelopes marked “Original‟ and “Copy‟ respectively and a soft copy (Scanned copy of

original) on e-procurement portal of the Proposal. In the event of any discrepancy Proposal

Submitted on e-procurement portal shall prevail.



2.14.4 The packing, sealing and marking of the Proposal should be done in envelopes as per the table

and the instructions given below:

The Bidder/Applicant shall submit the Bids (in physical form) in two separate covers comprising

the following documents and marked as “Qualification documents” and “Technical Proposal”.

These two covers shall be kept in one large cover marked as Envelope I.

Envelope I: “Qualification Documents and Technical Proposal as per the formats Provided

1. Bid Security, as per Appendix XIII. In case Bid security is in form of Demand Draft, the

Bidder/Applicant shall write name & contact details on back of the Demand Draft.

2. All the relevant Appendix I to Appendix VII and Appendix X to Appendix XII

3. A copy of the Concession Agreement with each page initialled by the person signing the

bid in pursuance to the power of attorney authorizing him to sign the bid.

4. Detailed Technical Proposal as per the format provided in Appendix-VIII;

Envelope II: “Financial Bid”

Financial Proposal as per the format provided on e-procurement portal and has to be submitted online only.

2.14.5 The Bidder shall seal the envelope of the Bid in a cover and mark it as “Qualification

Documents”. It should be clearly marked as “Original”. “Financial Bid” must be submit only on

e-procurement portal.

2.14.6 Similarly, the copy of the physically submitted Bid shall be sealed in a cover, clearly ,marking

only on e-procurement portal. Both the original and the copy shall be placed in a single larger

envelope and sealed.

2.14.7 Each of the envelopes (outer and inner) shall clearly bear the following identification:

“Bid for the Integrated Solid waste Management (ISWM) Project, Bhind” and shall clearly indicate the name and address of the Bidder/Applicant. In addition, the Bid Due Date should be indicated on the right hand top corner of each of the envelopes.

2.14.8 The envelopes shall be addressed to:

ATTN. OF: The Mission Director

SBM-SMD, UADD Palika Bhawan, Shivaji Nagar, Bhopal Madhya Pradesh 2.14.9 Pin Code: 462016

E-MAIL ADDRESS [email protected]



2.14.10 The Physical Proposal (in Original and Copy) shall be typed or written in indelible ink and

signed by the authorized signatory of the Bidder/Applicant (Photocopy of the signature will not

be accepted). The pages in Proposal should be numbered. Each page shall be initialled by an

authorized signatory of the Bidder/Applicant or an Individual, as applicable. All alterations,

omissions, additions, or any other amendments made to the Proposal shall also be initialled by

the person(s) signing the Proposal. The same proposal submitted on e-procurement portal must

be digitally signed as per Instructions to Bidder/Applicants for participation in e-Tendering.

2.14.11 Bidder/Applicants should strictly adhere to the formats prescribed in this RFP Document

while submitting their Proposals. The Authority I reserves the right to reject any Proposal, which

does not meet this requirement.

2.14.12 The Authority-I expects Bidder/Applicants to adhere to the sealing and marking

instructions given above and assumes no responsibility for the misplacement or premature

opening of the contents of the Proposal submitted. If the envelope is not sealed and marked as

instructed above, such Proposal, may, at the sole discretion of the Authority, be rejected.

2.14.13 Proposal must be in Hard Copies as well as on e-procurement portal. Bids submitted by

fax, telex, telegram or e-mail shall not be entertained and shall be rejected summarily.

2.14.14 Bidder/Applicants should attach clearly marked and referenced continuation sheets in

the event that the space provided in the prescribed forms in the different Appendix is

insufficient. Alternatively, Bidder/Applicants may format the prescribed forms making due

provision for incorporation of the requested information.

2.15 Bid Due Date is as per key dates

2.15.1 Physical Bids should be submitted in hard copy as per Bid Due Date as set out in key dates

at the address provided in Clause 2.14.9 in the manner and form as detailed in this RFP. A receipt

thereof should be obtained from the person specified at Clause 2.14.9; Bids should also be

submitted on e-procurement portal as per key schedule and

2.15.2 The Authority-I may, in its sole discretion, extend the Bid Due Date by issuing an

Addendum in accordance with Clause 2.9 uniformly for all Bidder/Applicants.

2.16 Late Bids

Physical Bids received by Authority-I after the specified time on the Bid Due Date and/or Bids not submitted on e-procurement portal shall not be eligible for consideration and shall be summarily rejected.

2.17 Contents of the Bid

2.17.1 The Bid shall be furnished in the format at Appendices and shall consist of a Tipping fee to be

quoted by the Bidder/Applicant. The Bidder/Applicant shall specify (in Indian Rupees) the

Tipping Fee to undertake the Project in accordance with this RFP and the provisions of the

Concession Agreement.

2.17.2 The Project will be awarded to the qualified Bidder/Applicant quoting the lowest tipping fees

per MT for the MSW/Solid Waste generated in project area, collected, compacted transported

and weighed in. The quoted tipping fee shall be inclusive of all taxes.



2.17.3 The opening of Bids and acceptance thereof shall be substantially in accordance with this RFP.

2.17.4 The proposed Concession Agreement shall be deemed to be part of the Bid. 2.18 Modifications/ Substitution/ Withdrawal of Bids

2.18.1 The Bidder/Applicant may modify, substitute or withdraw its Bid after submission provided that

written notice of the modification, substitution or withdrawal is received by the Authority I prior

to Bid Due Date. No Bid shall be modified, substituted or withdrawn by the Bidder/Applicant

after the Bid Due Date.

2.18.2 The modification, substitution or withdrawal notice shall be prepared, sealed, marked, and

delivered in accordance with Clause 2.14, with the envelopes being additionally marked

“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.

2.18.3 Any alteration/ modification in the Bid or additional information supplied subsequent to the Bid

Due Date, unless the same has been expressly sought for by Authority I, shall be disregarded.

2.19 Rejection of Bids 2.19.1 Notwithstanding anything contained in this RFP, The Authority I reserves the right to reject any

Bid and to annul the Bidding Process and reject all Bids at any time without any liability or any

obligation for such acceptance, rejection or annulments, and without assigning any reason

thereof. In the event that the Authority rejects or annuls all the Bids, it may, in its discretion,

invite all eligible Bidder/Applicants to submit fresh Bids hereunder.

2.19.2 The Authority I reserves the right not to proceed with the Bidding Process at any time, without

notice or liability, and to reject any Bid without assigning any reasons.

2.20 Validity of Bids The Bids shall be valid for a period of not less than 120 (One Hundred And Twenty) days from the Bid Due Date. The validity of Bids may be extended by mutual consent of the respective Bidder/Applicants and the Authority I.

2.21 Confidentiality Information relating to the examination, clarification, evaluation and recommendation for the Bidder/Applicants shall not be disclosed to any person who is not officially concerned with the process or is not a retained professional advisor advising the Authority in relation to, or matters arising out of, or concerning the Bidding Process. The Authority-I will treat all information, submitted as part of the Bid, in confidence and will require all those who have access to such material to treat the same in confidence. The Authority-I may not divulge any such information unless it is directed to do so by any statutory entity that has the power under law to require its disclosure or is to enforce or assert any right or privilege of the statutory entity and/ or the Authority-I and Authority.

2.22 Correspondence with the Bidder/Applicant

The Authority I shall not entertain any correspondence with any Bidder/Applicant in relation to acceptance or rejection of any Bid however to maintain transparency it will publish/send the evaluation report to all the Bidder/Applicants.



D. BID SECURITY

2.23 Bid Security 2.23.1 Details of Bid Security

a) The Bidders shall furnish as part of its Bid, a Bid Security referred to in Clauses 1.3.5 above in the form of either Demand Draft from any Scheduled/Nationalized Bank or Fixed Deposit Receipt (FDR)/ Bank Guarantee (BG) and having a validity period of not less than 180 (One Hundred Eighty) days including the claim period of 60 days from the Bid Due Date, as may be extended by the Bidder from time to time b) Bid Security in the form of Bank Guarantee / FDR of “Foreign Banks”, which have presence in India and are approved by RBI, shall be accepted. The bidder shall submit a proof for such presence and approval with bid documents.

2.23.2 The Authority-I or Authority shall not be liable to pay any interest on the Bid Security deposit so made and the same shall be interest free.

2.23.3 Any Bid not accompanied by the Bid Security shall be rejected by the Authority as non-responsive.

2.23.4 The Bid Security of unsuccessful Bidder/Applicants will be returned by the Authority, without any interest, as promptly as possible on acceptance of the Bid of the selected Bidder/Applicant or when the Bidding Process is cancelled by the Authority.

2.23.5 The Selected Bidder/Applicant’s Bid Security will be returned, without any interest, upon the Bidder/Applicant signing the Concession Agreement and furnishing the Performance Security in accordance with the provisions thereof.

2.23.6 The Authority I shall be entitled to forfeit and appropriate the Bid Security as compensation/ damages to the Authority in any of the events specified in Clause 2.23.7 herein below. The Bidder/Applicant, by submitting its Bid pursuant to this RFP, shall be deemed to have acknowledged and confirmed that the Authority will suffer loss and damage on account of withdrawal of its Bid or for any other default by the Bidder/Applicant during the Bid validity period. No relaxation of any kind on Bid Security shall be given to any Bidder/Applicant.

2.23.7 The Bid Security shall be forfeited and appropriated by the Authority I as compensation and damages payable to the Authority for inter alia, time, cost and effort of the Authority without prejudice to any other right or remedy that may be available to the Authority hereunder or otherwise, under the following conditions:

a. If a Bidder/Applicant engages in a corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice as specified in Clause 4 of this RFP;

b. If a Bidder/Applicant withdraws its Bid during the period of Bid validity as specified in this RFP and as extended by the Bidder/Applicant from time to time;

c. In case the Selected Bidder/Applicant, having signed the Concession Agreement,



commits any breach thereof prior to furnishing the Performance Security.

d. In the case of Selected Bidder/Applicant, if it fails within the specified time limit –

i. To sign and return the duplicate copy of LoA as token of acknowledgement,

ii. to sign the concession Agreement and/or

iii. to furnish the Performance Security within the period prescribed thereof in the LoA/Concession Agreement



3 EVALUATION OF BIDS

3.1 Confidentiality

3.1.1 The Authority-I shall ensure that the rules for the bidding proceedings for the Project are

applied in a non-discriminatory, transparent and objective manner. The Authority-I shall not

provide to any Bidder/Applicant information with regard to the Project or the bidding

proceedings, which may have the effect of restricting competition.

3.1.2 Information relating to the examination, clarification, evaluation, and recommendation for the

short-listed pre-qualified Bidder/Applicants shall not be disclosed to any person who is not

officially concerned with the process or is not a retained professional advisor advising the

Authority-I in relation to, or matters arising out of, or concerning the Bidding Process. The

Authority-I will treat all information, submitted as part of Proposal, in confidence and will

require all those who have access to such material to treat the same in confidence. The

Authority-I may not divulge any such information unless it is directed to do so by any statutory

entity that has the power under law to require its disclosure or is to enforce or assert any right

or privilege of the statutory entity and/ or the Authority-I or Authority.

3.2 CLARIFICATIONS

3.2.1 To facilitate evaluation of Technical Proposals the Authority I may, at its sole discretion, seek

clarifications from any Bidder/Applicant during the evaluation period. Such clarification(s) shall

be provided within the time specified by the Authority-I for this purpose. Any request for

clarification(s) and all clarification(s) shall be in writing. If a Bidder/Applicant does not provide

clarifications sought within the prescribed time, its Proposal shall be liable to be rejected. In

case the Proposal is not rejected, the Authority-I may proceed to evaluate the Proposal by

construing the particulars requiring clarification to the best of its understanding, and the

Bidder/Applicant shall be barred from subsequently questioning such interpretation of the

Authority-I/Authority.

3.2.2 Bidder/Applicants are advised that the evaluation of Proposals will be entirely at the discretion

of the Authority-I. Bidder/Applicants will be deemed to have understood and agreed that no

explanation or justification on any aspect of the Bidding Process or selection will be given.

3.2.3 Any information contained in the Proposal shall not in any way be construed as binding on the

Authority-I, its agents, successors or assigns, but shall be binding against the Bidder/Applicant if

any Project is subsequently awarded to it under the Bidding Process on the basis of such

information.



3.2.4 The Authority-I reserves the right not to proceed with the Bidding Process at any time without

notice or liability and to reject any Proposal without assigning any reasons.

4

3.3 OPENING AND EVALUATION OF BIDS

3.3.1 The Authority-I shall open the qualification documents on the Due Date as set out in key dates,

at the place specified in Clause 2.14.8 and in the presence of the Bidder/Applicants who choose

to attend. The Bidder/Applicants who participated and qualify in the key submission

(qualification documents), the detail shall be published on the e-procurement portal. The

Online Financial Bids of qualified (technically and financially qualified)Bidder/Applicants shall be

opened at a date and time, notified by the Authority, at the place specified in Clause 2.14.8 and

in the presence of the Bidder/Applicants who choose to attend.

3.3.2 The Authority-I will examine and evaluate the Bids in accordance with the provisions set out in

this Section 3.

3.3.3 To facilitate evaluation of Bids, the Authority-I may, at its sole discretion, seek clarifications in

writing from any Bidder/Applicant regarding its Bid.

3.3.4 Any information contained in the Bid shall not in any way be construed as binding on the

Authority-I, its agents, successors or assigns, but shall be binding against the Bidder/Applicant if

the Project is subsequently awarded to it under the Bidding Process on the basis of such

information.

3.3.5 The Authority reserves the right not to proceed with the Bidding Process at any time without

notice or liability and to reject any Bid without assigning any reasons.

3.3.6 To assist in the examination, evaluation and comparison of Bids, the Authority may utilize the

services of consultant(s) or advisor(s).

3.4 TESTS OF RESPONSIVENESS, EVALUATION FOR QUALIFICATION & FINANCIAL BID- PART I

3.4.1 Prior to evaluation of Bids, the Authority shall determine whether each Bid is responsive to the

requirements of the RFP. A Bid shall be considered responsive only if:

(a) it is received as per the format given in Appendix 1 to Appendix XIII;

(b) it is received by the Bid Due Date including any extension thereof pursuant to key dates ;

(c) it is signed, sealed, bound together in hard cover and marked as stipulated in Clauses 2.14;

(d) it is accompanied by valid Bid Security;

(e) it is accompanied by the Power(s) of Attorney as specified in Clauses 2.1.10 and 2.1.11, as the case may be;

(f) it contains all the information (complete in all respects) as requested in this RFP and/or Bidding Documents (in formats same as those specified);



(g) it contains certificate from the Statutory Auditors1 in the formats specified at Appendix VII, Appendix - VI a,VI(aa) and VI( b) and Appendix – X and XA of this RFP for each Eligible Projects.

(h) it is accompanied by the Jt. Bidding Agreement (for Consortium), specific to the Project, as stipulated in Appendix XII.

(i) it contains the details of the proposed plan for undertaking the Project (detailing out each of the items set out in Appendix VIII,VIIIA,VIIIB and VIIIC ;

(j) it does not contain any condition or qualification; and

(k) it is not non-responsive in terms hereof.

3.4.2 The Authority-I reserves the right to reject any Bid which is non-responsive and no request for

alteration, modification, substitution or withdrawal shall be entertained by the Authority-I in

respect of such Bid.

3.4.3 If found responsive, the Technical Proposal would be evaluated for adequacy of the same

vis-à-vis requirements and conditions set out in the RFP.

3.5 EVALUATION PARAMETERS

3.5.1 The Bidder/Applicant’s competence and capacity is proposed to be established by the following

parameters:

(a) Qualification Documents (Financial and Technical Qualification);

(b) Financial Bid

3.6 FINANCIAL QUALIFICATION

3.6.1 (A) The minimum Net Worth (the “Financial Capacity”) of Applicant shall be INR. 10.00

Crores (Ten Crores ) as on 31st March 2017. In the case of a consortium, the combined

minimum Net Worth2 (the “Financial Capacity”) of all consortium members shall be considered.

a) The consortium shall be as per clause 2.1.21(b) ;

b) The financial capacity of those consortium members shall be considered if they comply with the clause no [2.1.21 (b) ];

1 In case duly certified audited financial statement containing the requisite details are provided, a separate certificate by statutory auditors would not be necessary in respect of clause 3.4.1. In jurisdiction that do not have statutory auditor, the firm of auditors which audits the annual account of the Bidder may provide the certificates required under this RFP.



c) In case of foreign entity (single or lead member of consortium having Indian player(s) or just member of consortium led by Indian Player) the net worth requirement shall be equivalent to the prevailing United States Dollar buying rate on the date, 60 days prior to bid Due Date as disclosed on the website of Reserve Bank of India.

AND

(B) The Minimum average Annual Turnover of the Applicant for the last three financial years ( 2014-15, 2015-16 and 2016-17) shall not be less than Rs .16.00 ( Sixteen ) Crore. In the case of a consortium, the combined minimum average Annual Turnover of all consortium members shall be considered.

3.6.2 Bid must be accompanied by the Audited Financial Statements of the corresponding

years ( 2014-15, 2015-16 and 2016-17) of the Bidder/Applicant or all the members of

consortium in case of the consortium.

3.7 TECHNICAL QUALIFICATION2

Project Development Experience : The Applicant must have experience of at least one

project in the last 10 (ten) years preceding the Application Due Date demonstrating

experience in designing, engineering, procuring and commissioning any one of the

following projects: or

I. Waste segregation and processing facility having minimum capacity of at least 100 Metric

Tonnes per day, and operating& handling annual average quantity of 100 Metric tonne

per day and costing not less than Rs. 5.00 Crore for atleast one (01) year period;

OR

II. Minimum one (01) Sanitary Land Fill (SLF) site having minimum planned capacity of

150000 (One lakh Fifty thousand tonnes) with Project Cost not less than Rs. 10.00 Cr. and

handling minimum annual average waste as 12000 (Twelve thousand) tonnes per year as

the MSW Management & Handling Rule 2000 or SWM rules 2016 or equivalent

international rules, and has been operating/operated satisfactorily for at least one year.

OR

III. The Applicant must have in one project minimum 2 years of experience for operation and

maintenance (O&M) of Door-to-Door Waste Collection/ Secondary Collection

&Transportation of waste to SLF for a minimum of 2,00,000 (Two Lakh) population

OR

IV. 1 (one) Project of Water Supply/Sewerage or any urban infrastructure costing not less than

Rs 40.00 Crore ( Forty Crore ) Crore successfully executed.

OR

V. Industrial Waste Secured Land fill (SLF) site having Minimum One (1) SLF with

minimum planned capacity of 50,000 tonnes (Fifty Thousand tonnes), with costing not less

than 5.00 Crore and handling minimum annual average waste of 7000 MT per year as per

Hazardous Waste as per (Management handling and Trans boundary Movement) Rules,

2008 and amendments thereafter).



OR

VI. Should have completed one power generation plant with minimum capital investment of

Rs. 40.00 Crores ( Forty crores ). Supporting proof should be attached with Bid Document.

3.7.2 If an applicant is a consortium then atleast one member of the consortium should fulfil the above requirement.

3.8 GENERAL COMPLIANCES FOR MEETING QUALIFICATION

3.8.1 In compliance to clause 3.6 the Applicants shall enclose with its application, to be

submitted as per the format as per Appendix VI (a),VI(aa)and Appendix VI (b), the

following:

a) The Bidder/Applicant has to attach Certificates signed by CA as per format given

in Appendix VI (a) VI(aa) and VI (b).

3.8.2 In compliance to clause 3.7 the Applicant has to submit the information in prescribed

format given in Appendix-VII. Enclose the following documents:

(a) Satisfactory performance certificate after one year of operation from the

competent authority ;

(b) For PPP waste Processing & Sanitary Land Fill site the Applicant needs to submit

the last payment receipt [in case SLF is on annuity model] or Balance Sheet of

the SPV along with CA Certificate as detailed in the Appendix-X. and XA

3.8.3 Deleted.

3.8.4 Deleted.

3.8.5 An Applicant including any Consortium Member or Associate/Affiliate should, in the last

3 (three) years, have neither failed to perform on any contract, as evidenced by ongoing

arbitration or imposition of a penalty by an arbitral or judicial authority or a

judicial pronouncement or arbitration award against the Applicant, Consortium Member

or Associate/Affiliate, as the case may be, nor has been expelled from any

project or contract by any public entity nor have had any contract terminated any

public entity for breach by such Applicant, Consortium Member or Associate/Affiliate .

3.8.6 Deleted

3.8.7 The following conditions shall be adhered to while submitting an Application:

A. Applicants should attach clearly marked and referenced continuation sheets in the

event that the space provided in the prescribed forms in the Annexes is insufficient.

Alternatively, Applicants may format the prescribed forms making due provision for

incorporation of the requested information;



B. information supplied by an Applicant (or other constituent Member if the Applicant

is a Consortium) must apply to the Applicant, Member or Associate/Affiliate named

in the Application and not, unless specifically requested, to other Associate/Affiliated

companies or firms. Invitation to submit Bids will be issued only to Applicants whose

identity and/ or constitution is identical to that at pre-qualification;

C. in responding to the qualification submissions, Applicants should demonstrate

their capabilities in accordance with Clause 3.6 and Clause 3.7 above; and

3.8.8 Qualification is open to persons from any country. The Applicant shall promptly

inform the Authority of any change in the shareholding, as above, and failure to do

so shall render the Applicant liable for disqualification from the Bidding Process.

3.9 TECHNICAL PROPOSAL – PART II

3.9.1 The Authority I will carry out a detailed scrutiny of the Technical Proposals in order to

determine whether the technical aspects are in compliance with the Bidding

Documents. In order to reach such a determination, the Authority will examine and

compare the Technical Proposals on the basis of the information supplied by the

Bidder/Applicants, taking into account the following:

i. overall completeness and compliance with the Technical Specifications (Schedule 4) &

other specified technical requirements in this bidding document; the technical merits of

proposed SWM plan; conformity of the facilities offered with the specified performance

standards; suitability of the facilities offered in relation to the environmental, social, health

and climactic conditions and laws prevailing at the Site;

ii. compliance with the time schedule called for in the Concession Agreement and any

alternative time schedules offered by the Bidder/Applicants, as evidenced by a milestone

schedule provided in the Technical Proposal;

iii. other relevant factors, if any, listed in this bidding document; and

iv. any deviations from the commercial and contractual provisions stipulated in the Bidding

Documents.

v. The Authority-I will also review complete alternative technical proposals, if any, offered

by the Bidder/Applicant, to determine whether such alternatives may constitute an

acceptable basis for them to be submitted on their own merits

3.9.2 The Authority-I shall advise the Bidder/Applicant of any deviations to the commercial

and contractual provisions of the Bidding Documents in the Technical Proposal, that are

unacceptable and that are to be withdrawn in order for the Financial Proposal to be

opened

3.9.3 The Authority I will also advise the Bidder/Applicant whether the proposed alternative

technical proposal, if any, is acceptable

3.9.4 The Authority-I shall issue a Memorandum documenting the clarifications made in

writing and/or in a meeting, if any, and including an Annex listing all decisions and

required amendments or changes resulting from the clarification of the Technical



Proposal. The Memorandum will have the effect of amending the Bidding Documents, if

the Bidder/Applicant is chosen as the Selected Bidder/Applicant.

3.10 FINANCIAL BID – PART III

3.10.1 The shortlisted Bidder/Applicants adjudged as responsive and technically qualified at the end of

the evaluation of Part I –shall be notified and informed of the date and time of opening of Part

III – Financial Offers.

3.10.2 Online Financial Proposal of qualified (technically and finically) Bidder/Applicants shall be

opened in the presence of the representatives of shortlisted Bidder/Applicants, who choose to

attend. The Financial Bid of the qualified Bidder/Applicants shall be read out and recorded.

3.10.3 Financial Proposal of all the qualified Bidder/Applicants would be evaluated on the basis of the

financial offer (the “Financial Bid Parameter”) as specified in Clause 3.11 and the accompanying

supporting information regarding assumptions underlying the Financial Quote as per the

formats in Appendix IX.

3.10.4 A detailed evaluation of Financial Offer – Part III would be done to ensure that the Financial Bid

Parameter quoted is free from computational errors. The Financial Offer having computational

error(s) will be deemed as non-responsive.

3.10.5 The Financial Proposals would then be ranked in ascending order, as the case may be order of

the validated Financial Bid Parameter, with the Bidder/Applicant quoting the Lowest Tipping Fee

shall be ranked First as L1 and the Bidder/Applicant quoting the second lowest Financial Bid

Parameter shall be ranked Second as L2 and so on.

3.10.6 The Bidder/Applicant ranked First in accordance with the above procedure would be declared

as the Preferred and/or Selected Bidder/Applicant.

3.10.7 In the event that two or more Bidder/Applicants quote exactly the same lowest validated

Financial Bid for the project, then the Authority-I will select the Bidder/Applicant who has got

better technical experience amongst the Bidder/Applicants quoting the same lowest validated

Financial Bid and declare as the Preferred Bidder/Applicant.

3.10.8 In the event that the Lowest Bidder/Applicant withdraws or is not selected for any reason in the

first instance (the “first round of bidding”), the Authority-I may invite all the remaining

Bidder/Applicants to revalidate or extend their respective Bid Security, as necessary, and match

the Bid of the aforesaid lowest Bidder/Applicant (the “second round of bidding”). If in the

second round of bidding, only one Bidder/Applicant matches the lowest Bidder/Applicant, it

shall be the Selected Bidder/Applicant. If two or more Bidder/Applicants match the said lowest



Bidder/Applicant in the second round of bidding, then the process detailed in clause 3.10.7

above, shall be followed.

3.10.9 In the event that no Bidder/Applicant offers to match the [lowest, as the case may be]

Bidder/Applicant in the second round of bidding as specified in Clause 3.10.8, the Authority may,

in its discretion, invite fresh Bids (the “third round of bidding”) from all Bidder/Applicants

except [lowest, as the case may be] Bidder/Applicant of the first round of bidding, or annul the

Bidding Process, as the case may be.

3.11 BIDDING CRITERIA – FINANCIAL BID PARAMETER

The technically qualified Bidder/Applicants short-listed as per the provisions of Clause 3.6 & 3.7 shall be considered for evaluation of their financial proposal. Here the Bidder/Applicant seeking Lowest Tipping Fee in INR per MT of waste generated and collected in project area, compacted and weighed at satellite station/ ISWM facility/ for carrying out the project as envisages under the Scope of work indicated in this RFP document for the concession period. This shall be inclusive of all taxes. This shall be the sole criterion for selection of Preferred Bidder/Applicant

3.12 NOTIFICATION AND ISSUE OF LETTER OF AWARD

3.12.1 The Preferred/Selected Bidder/Applicant shall be notified in writing by the Authority as

evidenced by issue of Letter of Award (LOA) to the Preferred Bidder/Applicant. The successful

Bidder/Applicant shall confirm his acceptance of the LOA issued by the Authority within 7

(seven) days as evidenced by signing and sending a copy of the LOA issued. In the event the

duplicate copy of the LOA duly signed by the Selected Bidder/Applicant is not received by the

stipulated date, the Authority may, unless it consents to extension of time for submission

thereof, appropriate the Bid Security of such Bidder/Applicant on account of failure of the

Selected Bidder/Applicant to acknowledge the LOA, and the next Bidder/Applicant may be

considered.

3.12.2 After the acknowledgement of the LOA as aforesaid by the Selected Bidder/Applicant, it shall

execute the Concession Agreement within the period prescribed in Clause 1.4 or within such

further time as the Authority may agree to in its sole discretion. The Selected Bidder/Applicant

shall not be entitled to seek any deviation in the Concession Agreement

3.12.3 The Authority-I will notify other Bidder/Applicants that their Proposals have not been accepted

and their Bid Security will be returned as promptly as possible as set out in various provisions in

this RFP document.



3.13 CONTACTS DURING BID EVALUATION

Bids shall be deemed to be under consideration immediately after they are opened and until

such time the Authority makes official intimation of award/ rejection to the Bidder/Applicants.

While the Bids are under consideration, Bidder/Applicants and/ or their representatives or other

interested parties are advised to refrain from contacting by any means, the Authority and/ or

their employees/ representatives on matters related to the Bids under consideration.



4. FRAUD AND CORRUPT PRACTICES

4.1 The Bidder/Applicants and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Bidding Process and subsequent to the issue of the LOA and during the subsistence of the Concession Agreement. Notwithstanding anything to the contrary contained herein, or in the LOA or the Concession Agreement, the Authority-I or Authority shall reject a Bid, withdraw the LOA, or terminate the Concession Agreement, as the case may be, without being liable in any manner whatsoever to the Bidder/Applicant or Concessionaire, as the case may be, if it determines that the Bidder/Applicant or Concessionaire, as the case may be, has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bidding Process. In such an event, the Authority-I or Authority shall forfeit and appropriate the Bid Security or Performance Security, as the case may be, as mutually agreed genuine pre-estimated compensation and damages payable to the Authority-I or Authority towards, inter alia, time, cost and effort of the Authority, without prejudice to any other right or remedy that may be available to the Authority-I or Authority hereunder or otherwise.

4.2 Without prejudice to the rights of the Authority-I and Authority under Clause 4.1 hereinabove and the rights and remedies which the Authority may have under the LOA or the Concession Agreement, if a Bidder/Applicant or Concessionaire, as the case may be, is found by the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bidding Process, or after the issue of the LOA or the execution of the Concession Agreement, such Bidder/Applicant or Concessionaire shall not be eligible to participate in any tender or RFP issued by the Authority-I during a period of 2 (two) years from the date such Bidder/Applicant or Concessionaire, as the case may be, is found by the Authority-I and authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may be.

4.3 For the purposes of this Clause 4, the following terms shall have the meaning hereinafter respectively assigned to them:

(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the Authority who is or has been Associate/Affiliated in any manner, directly or indirectly with the Bidding Process or the LOA or has dealt with matters concerning the Concession Agreement or arising therefrom, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the Authority-I or Authority , shall be deemed to constitute influencing the actions of a person connected with the Bidding Process); or (ii) engaging in any manner whatsoever, whether during the Bidding Process or after the issue of the LOA or after the execution of the Concession Agreement, as the case may be, any person in respect of any matter relating to the Project or the LOA or the Concession Agreement, who at any time has been or is a legal, financial or technical



adviser of the Authority and Authority in relation to any matter concerning the Project;

(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Bidding Process ;

(c) “coercive practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any person or property to influence any person’s participation or action in the Bidding Process;

(d) “undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by the Authority-I and Authority with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of Interest; and

(e) “Restrictive practice” means forming a cartel or arriving at any understanding or arrangement among Bidder/Applicants with the objective of restricting or manipulating a full and fair competition in the Bidding Process.



5. PRE-BID CONFERENCE

5.1 Pre-Bid conference of the Bidder/Applicants shall be convened at the designated date, time and

place. A maximum of three representatives of each Bidder/Applicant shall be allowed to

participate on production of authority letter from the Bidder/Applicant.

5.2 During the course of Pre-Bid conferences, the Bidder/Applicants will be free to seek

clarifications and make suggestions for consideration of the Authority-I. The Authority-I shall

endeavour to provide clarifications and such further information as it may, in its sole discretion,

consider appropriate for facilitating a fair, transparent and competitive Bidding Process.



6. MISCELLANEOUS

6.1 The Bidding Process shall be governed by, and construed in accordance with, the laws of India

and the Courts at Bhopal shall have exclusive jurisdiction over all disputes arising under,

pursuant to and/ or in connection with the Bidding Process.

6.2 The Authority-I, in its sole discretion and without incurring any obligation or liability, reserves

the right, at any time, to;

(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement the

Bidding Process or modify the dates or other terms and conditions relating thereto;

(b) consult with any Bidder/Applicant in order to receive clarification or further

information;

(c) retain any information and/ or evidence submitted to the Authority by, on behalf of,

and/ or in relation to any Bidder/Applicant; and/ or

(d) Independently verify, disqualify, reject and/ or accept any and all submissions or other

information and/ or evidence submitted by or on behalf of any Bidder/Applicant.

6.3 It shall be deemed that by submitting the Bid, the Bidder/Applicant agrees and releases the

Authority, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from

any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related

to or arising from the exercise of any rights and/ or performance of any obligations hereunder,

pursuant hereto and/ or in connection herewith and waives any and all rights and/ or claims it

may have in this respect, whether actual or contingent, whether present or future.



APPLICATION FORMATS



APPENDIX – I

LETTER COMPRISING THE BID

[On Letterhead of the Bidder/Applicant, or Lead Member in case of Consortium of Firms] The Mission Director SBM-SMD, Urban Administration and Development (UAD), Bhopal

Dear Sir,

Sub: RFP Reference No._____________ dated _________for Integrated Solid Waste Management

(ISWM) Project Bhind cluster

With reference to your RFP document dated*****, I/we, have examined the Bidding Documents and

understood their contents, hereby submit my/our Bid for the aforesaid Project.

1. The Bid is unconditional and unqualified.

2. All information provided in the Bid and in the Appendices is true and correct. All documents

accompanying the bid are true copies of their respective originals.

3. This statement is made for the express purpose of qualifying as a Bidder/Applicant for the

development, construction, operation and maintenance of the aforesaid Project as explained in this

RFP document.

4. I/We shall make available to the Authority any additional information it may find necessary or

require to supplement or authenticate the Bid.

5. I/ We acknowledge the right of the Authority to reject our Bid without assigning any reason or

otherwise and hereby waive our right to challenge the same on any account whatsoever.

6. We certify that in the last three years, we/ any of the Consortium Members have neither failed to

perform on any contract, as evidenced by imposition of a penalty or a judicial pronouncement or

arbitration award, nor been expelled from any project or contract nor have had any contract



terminated for breach on our part.

7. I/We declare that:

a. I/ We have examined and have no reservations to the Bidding Documents, including any

Addendum issued by the Authority.

b. I/ We do not have any conflict of interest in accordance with Clauses 2.1.15 and 2.1.21 of

the RFP document.

c. I/ We have not directly or indirectly or through an agent engaged or indulged in any corrupt

practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice,

as defined in Clause 4 of the RFP document, in respect of any tender or request for proposal

issued by or any agreement entered into with the Authority or any other public sector

enterprise or any government, Centre or State; and

d. I/ We here by certify that we have taken steps to ensure that in conformity with the

provisions of Clause 4 of the RFP, no person acting for us or on our behalf has engaged or

will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable

practice or restrictive practice.

8. I/ We understand that you may cancel the Bidding Process at any time and that your are neither

bound to accept any Bid that you may receive nor to invite the Bidder/Applicants to Bid for the

Project, without incurring any liability to Bidder/Applicants, in accordance with Clause 2.8 of the

RFP document.

9. I/ We believe that we/ our consortium/ proposed consortium satisfy (ies) the Net Worth criteria and

meet(s) the requirements as specified in the RFP document and are/ is qualified to submit a Bid.

10. I/ We declare that we/ any Member of the Consortium are/ is not a Member of a/ any other

Consortium submitting a Bid for the Project.

11. I/ We certify that in regard to matters other than security and integrity of the country, we have not

been convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority

which could cast a doubt on our ability to undertake the Project or which relates to a grave offence

that outrages the moral sense of the community.



12. I/ We further certify that in regard to matters relating to security and integrity of the country, we

have not been charge-sheeted by any agency of the Government or convicted by a Court of Law for

any offence committed by us or by any of our Associate/Affiliates.

13. I/ We further certify that no investigation by a regulatory authority is pending either against us or

against our Associate/Affiliates or against our CEO or any of our Directors/ Managers/ employees.

14. I/ We undertake that in case due to any change in facts or circumstances during the Bidding Process,

we are attracted by the provisions of disqualification in terms of the guidelines referred to above,

we shall intimate the Authority of the same immediately.

15. The Parties agree that the proportion of shareholding among the Parties in the SPV shall be as

follows:

i. The Lead Member of the Consortium shall hold not less than 26% (twenty six percent)

of the Equity in SPV during the implementation period.

ii. The other members of the Consortium, whose technical and financial capacity was

evaluated for the purposes of qualification and short-listing in response to the Request

for Proposal, shall hold not less than 11% (eleven percent) of Equity in SPV during the

implementation period.

16. The Parties undertake that they shall collectively hold at least-

a. 51% (fifty one per cent) of its paid up Equity Capital during the implementation period ;

b. 33% (Thirty three percent)of its paid up Equity capital during 3 years commencing from

the COD ISWM facility; and

c. 26% (Twenty Six percent) or such lower proportion as may be permitted by the

Authority during the remaining agreement period, of its paid up Equity Capita

17. [We acknowledge that our Consortium/ proposed Consortium was pre-qualified and short-listed on

the basis of Technical Capacity and Financial Capacity of those of its Members who will own at least

26% of the equity of the Concessionaire and undertake that each of such Consortium Members shall

continue to hold at least 26% of the equity of the Concessionaire until the Commercial Operation

Date of the Project is achieved under and in accordance with the provisions of the Concession

Agreement. We further agree and acknowledge that the aforesaid obligation shall be in addition to

the obligations contained in the Concession Agreement in respect of Change in Ownership.]



18. [I/We acknowledge and agree that in the event of a change in control of an Associate/Affiliate

whose Technical Capacity and/ or Financial Capacity was taken into consideration for the purposes

of short-listing and pre-qualification under and in accordance with the RFQ, I/We shall inform the

Authority forthwith along with all relevant particulars and the Authority may, in its sole discretion,

disqualify our Consortium or withdraw the Letter of Award, as the case may be. I/We further

acknowledge and agree that in the event such change in control occurs after signing of the

Concession Agreement but prior to Financial Close of the Project, it would, notwithstanding

anything to the contrary contained in the Agreement, be deemed a breach thereof, and the

Concession Agreement shall be liable to be terminated without the Authority being liable to us in

any manner whatsoever.]

16. I/ We understand that the Selected Bidder/Applicant shall incorporate itself under Company Act

2013 prior to execution of the Concession Agreement.

19. I/We hereby irrevocably waive any right which we may have at any stage at law or howsoever

otherwise arising to challenge or question any decision taken by the Authority in connection with

the selection of the Bidder/Applicant, or in connection with the Bidding Process itself, in respect of

the above mentioned Project and the terms and implementation thereof.

20. In the event of my/ our being declared as the Selected Bidder/Applicant, I/We agree to enter into a

Concession Agreement in accordance with the draft that has been provided to me/us prior to the

Bid Due Date. We agree not to seek any changes in the aforesaid draft and agree to abide by the

same.

21. I/We have studied all the Bidding Documents carefully and also surveyed the project area. We

understand that except to the extent as expressly set forth in the Concession Agreement, we shall

have no claim, right or title arising out of any documents or information provided to us by the

Authority or in respect of any matter arising out of or concerning or relating to the Bidding Process

including the award of Concession.

22. The Financial Bid has been quoted by me/us after taking into consideration all the terms and

conditions stated in the RFP and draft Concession Agreement, our own estimates of costs and MSW

generation and its characteristics and after a careful assessment of the site and all the conditions

that may affect the Bid.



23. I/We offer a Bid Security of Rs……………..(Rupees _____________________ only) to the Authority in

accordance with Section 1.3.5 of this RFP document.

24. The Bid Security in the form of a Demand Draft (dd number; date: Bank Name: ) /or Fixed Deposit

Receipt (FDR)/ or Bank Guarantee (BG) (strike out whichever is not applicable) is attached.

25. I/We agree and understand that the Bid is subject to the provisions of the Bidding Documents. In no

case, I/We shall have any claim or right of whatsoever nature if the Project / Concession is not

awarded to me/us or our Bid is not opened or rejected.

26. I/We agree to keep this offer valid for 120 (One Hundred and Twenty) days from the Bid Due Date

specified in the RFP.

27. I/We agree and undertake to abide by all the terms and conditions of the RFP document. In witness

thereof, I/we submit this Bid under and in accordance with the terms of the RFP document.

28. [ I/we have received all the clarifications issued by the authority]

29. I/we will abide by the terms and condition set forth in the draft Concession agreement and a copy

of the same bearing initial of the undersign on every page is attached herewith.

30. Notwithstanding any qualification or conditions, whether implied or otherwise, contained in our

Proposal we hereby represent and confirm that our Proposal is unqualified and unconditional in all

respects.

Yours faithfully,

Date: (Signature of the Authorized signatory)

Place: (Name and designation of the of the Authorized signatory)

Name and seal of Bidder/Applicant/Lead Firm

All the pages of Appendix: 1 (Application for Pre-qualification) should be submitted in

original.



APPENDIX – II

Details of Applicant

1. (a) Name:

(b) Country of incorporation:

(c) Address of the corporate headquarters and its branch office(s), if any, in India:

(d) Date of incorporation and/ or commencement of business:

2. Brief description of the Company including details of its main lines of business and proposed role

and responsibilities in this Project:

3. Details of individual(s) who will serve as the point of contact/ communication of the Bidder:

(a) Name:

(b) Designation:

(c) Company:

(d) Address:

(e) Telephone Number:

(f) E-Mail Address:

(g) Fax Number:

4. Particulars of the Authorized Signatory of the Applicant:

(a) Name:

(b) Designation:

(c) Address:

(d) Phone Number:

(e) Fax Number:



5. In case of a Consortium:

(a) The information above (1-4) should be provided for all the Members of the Consortium.

(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.1.21(b) should be attached to the

Application.

(c) Information regarding the role of each Member should be provided as per table below:

Sl. No.

Name of Member Role*

Percentage of equity in

the Consortium

1.

2.

3.

* The role of each Member, as may be determined by the Applicant, should be indicated

(d) The following information shall also be provided for each Member of the Consortium:

Name of Applicant/ member of Consortium:

No. Criteria Yes No

1.

Has the Applicant / constituent of the Consortium been

barred by the [Central/ State] Government, or any

entity controlled by it, from participating in any project

(BOT or otherwise)?

2. If the answer to 1 is yes, does the bar subsist as on

the date of Application?



3.

Has the Applicant/ constituent of the Consortium paid

liquidated damages of more than 5% (five per cent) of

the contract value in a contract due to delay or has

been penalised due to any other reason in relation to

execution of a contract, in the last three years?

A statement by the Applicant and each of the Members of its Consortium (where applicable) or any of

their Associate/Affiliates disclosing material non-performance or contractual non-compliance in past

projects, contractual disputes and litigation/ arbitration in the recent past is given below (Attach extra

sheets, if necessary):



APPENDIX – III

POWER OF ATTORNEY FOR SIGNING OF BID

Know all men by these presents, We, ________________________ (name of the firm and address of the

registered office) do hereby irrevocably constitute, nominate, appoint and authorise Mr. / Ms (Name),

son/daughter/wife of ________________________ and presently residing at

________________________, who is [presently employed with us/ the Lead Member of our Consortium

and holding the position of ________________________], as our true and lawful attorney (hereinafter

referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are

necessary or required in connection with or incidental to submission of our bid for the Bhind –

Integrated Solid Waste Management (ISWM)Project proposed or being developed by the Nagar Palika

Parishad Bhind (the “Authority”) including but not limited to signing and submission of all applications,

bids and other documents and writings, participate in Bidder/Applicants' and other conferences and

providing information / responses to the Authority, representing us in all matters before the Authority,

signing and execution of all contracts including the Concession Agreement and undertakings consequent

to acceptance of our bid, and generally dealing with the Authority-In all matters in connection with or

relating to or arising out of our bid for the said Project and/or upon award thereof to us and/or till the

entering into of the Concession Agreement with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things

lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the powers

conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in

exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, ________________________, THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS __________ DAY OF __________, 20**.

For________________________

(Signature)

(Name, Title and Address)

Witnesses:



1.

2.

Accepted

[Notarised]

(Signature)

(Name, Title and Address of the Attorney)

Notes:

The mode of execution of the Power of Attorney should be in accordance with the

procedure, if any, laid down by the applicable law and the charter documents of the

executant(s) and when it is so required, the same should be under common seal affixed

in accordance with the required procedure.

Also, wherever required, the Bidder/Applicant should submit for verification the extract

of the charter documents and documents such as a resolution/power of attorney in

favour of the person executing this Power of Attorney for the delegation of power

hereunder on behalf of the Bidder/Applicant.

For a Power of Attorney executed and issued overseas, the document will also have to be

legalised by the Indian Embassy and notarised in the jurisdiction where the Power of

Attorney is being issued.



APPENDIX – IV

POWER OF ATTORNEY FOR LEAD MEMBER OF CONSORTIUM

Whereas the Mission Director SBM – SMD (“the Authority-I”) has invited bids from eligible

Bidder/Applicants for the Integrated Solid Waste Management (ISWM) Project (Bhind Cluster).

Whereas, ____________, ____________ and ____________ (collectively the “Consortium”) being

Members of the Consortium are interested in bidding for the Project in accordance with the terms and

conditions of the Request for Proposal and other connected documents in respect of the Project, and

Whereas, it is necessary for the Members of the Consortium to designate one of them as the Lead

Member with all necessary power and authority to do for and on behalf of the Consortium, all acts,

deeds and things as may be necessary in connection with the Consortium’s bid for the Project and its

execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, ____________ having our registered office at ____________, M/s. ____________, having our

registered office at ____________, and M/s. ____________, having our registered office at

____________, [the respective names and addresses of the registered office] (hereinafter collectively

referred to as the “Principals”) do hereby irrevocably designate, nominate, constitute, appoint and

authorise M/s ____________, having its registered office at _____________, being one of the Members

of the Consortium, as the Lead Member and true and lawful attorney of the Consortium (hereinafter

referred to as the “Attorney”) and hereby irrevocably authorize the Attorney (with power to

sub-delegate) to conduct all business for and on behalf of the Consortium and any one of us during the

bidding process and, in the event the Consortium is awarded the Concession/ Contract, during the

execution of the Project, and in this regard, to do on our behalf and on behalf of the Consortium, all or

any of such acts, deeds or things as are necessary or required or incidental to the submission of its bid

for the Project, including but not limited to signing and submission of all applications, bids and other

documents and writings, participate in Bidder/Applicants‟ and other conferences, respond to queries,

submit information/ documents, sign and execute contracts and undertakings consequent to

acceptance of the bid of the Consortium and generally to represent the Consortium in all its dealings



with the Authority, and/ or any other Government Agency or any person, in all matters in connection

with or relating to or arising out of the

Consortium’s bid for the Project and/ or upon award thereof till the Concession Agreement is entered

into with the Authority. AND hereby agree to ratify and confirm and do hereby ratify and confirm all

acts, deeds and things lawfully done or caused to be done by our said Attorney pursuant to and in

exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by

our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have

been done by us/ Consortium.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS ________ DAY OF ________ 20**. For

____________

(Name & Title)

For ____________

(Name & Title)

For ____________

(Name & Title)

Witnesses:

1.

2.



(Executants)

(To be executed by all the Members of the Consortium)

Notes:

The mode of execution of the Power of Attorney should be in accordance with the procedure, if

any, laid down by the applicable law and the charter documents of the executants (s) and when

it is so required, the same should be under common seal affixed in accordance with the required

procedure.

Also, wherever required, the Applicant should submit for verification the extract of the charter

documents and documents such as a resolution/ power of attorney in favour of the person

executing this Power of Attorney for the delegation of power hereunder on behalf of the

Applicant.

For a Power of Attorney executed and issued overseas, the document will also have to be

legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is

being issued.



APPENDIX – V

FORMAT FOR ANTI-COLLUSION CERTIFICATE

We hereby certify and confirm that in the preparation and submission of our Proposal for the properties

listed below, we have not acted in concert or in collusion with any other Bidder/Applicant or other

person(s) and also not done any act, deed or thing which is or could be regarded as anti- competitive.

We further confirm that we have not offered nor will offer any illegal gratification in cash or kind to

any person or agency in connection with the instant Proposal.

Dated this …………………….. Day of ………………, 200_

……………………..

(Name of the Bidder/Applicant1)

. …………………………………

(Signature of the Authorized Person)

………………………………..

(Name of the Authorized Person)

Note:

1. On the Letterhead of the Bidder/Applicant

2. To be executed by all members in case of Consortium



APPENDIX – VI (a)

Financial Capacity of the Applicant Name & address of Applicant’s Bankers:

An Applicant consisting of a single entity should fill in details as per the row titled Single entity Applicant and ignore the rows titled Consortium Members. In case of a Consortium, row titled Single entity Applicant may be ignored.

For conversion of other currencies into rupees, it shall be equivalent to the prevailing Unites States Dollar buying rate on the date, 60 days prior to bid due date as disclosed on the website of Reserve Bank of India.

(In Rs. crore) Applicant

type$ (1)

Member Name

(2)

Net Worth (Unconsolidated) as on 31st March 2017 (3)

Single entity Applicant

Consortium

Member 1

Consortium

Member 2

Consortium

Member 3

TOTAL

Seal of the Statutory Auditor Name : Signature of the Statutory Auditor and date Date:



Instructions:

1. The Applicant/ its constituent Consortium Members shall attach copies of the unconsolidated

balance sheets, financial statements and Annual Reports for 3 (three) years preceding the

Application Due Date. The financial statements shall:

(a) reflect the financial situation of the Applicant or Consortium Members and its/ their

Associate/Affiliates where the Applicant is relying on its Associate/Affiliate’s financials;

(b) be audited by a statutory auditor;

(c) be complete, including all notes to the financial statements; and

(d) Correspond to accounting periods already completed and audited (no statements for

partial periods shall be requested or accepted).

2. Net Profit shall mean Profit After Tax.

3. Net Worth shall mean (Subscribed and Paid-up Equity + Reserves) less (Revaluation reserves +

miscellaneous expenditure not written off + reserves not available for distribution to equity

shareholders).

4. In the case of a Consortium, a copy of the Jt. Bidding Agreement shall be submitted in

accordance with this RFP document.

5. The applicant shall also provide the name and address of the Bankers to the Applicant.



APPENDIX – VI (aa)

Certificate from Statutory Auditor for Net Worth of Bidder This is to certify that the Networth of the Bidder for the last financial year is as per the form set

below:

Net worth in Rs. Crores as on 31.03.2017

Particulars Amount in Rs (Cr)

Add Subscribed and paid up capital

Add Reserves & Surplus

Less Revaluation Reserves

Less Miscellaneous Expenditure not written off

Less Reserves not available for distribution to

equity shareholders

Total Net worth

Seal of the Statutory Auditor Name :

Signature of the Statutory Auditor and date



APPENDIX – VI (b)

Financial Capacity of the Applicant

S. No. Financial Year Annual Turnover (Rs. crore)

1 Financial Year 2014-15



Note: The audited Financial Statements for the corresponding year has to be attached.

Seal of the Statutory Auditor Name : Signature of the Statutory Auditor and date Date:



APPENDIX – VII

Technical Qualifications Experience

[The following table shall be filled in for the Applicant and for each member of the Consortium]

Applicant/ Legal Name: [insert full name]

Date: [Insert day, month, year]

Consortium Members Legal Name: [insert full name]

Tender no and Title: [Insert Tender number]

Page [Insert Page Number] of [Insert total number of pages]

[Identify contracts that demonstrate coetaneous infrastructure projects experience over the past 10

(Ten) years pursuant to section III, Qualification criteria and Requirements. List contracts chronologically,

according to their commencement (starting date)]

Starting

Month/Year

Ending

Month/Year

Contract Identification Role of

Applicant

Certificate from

the client

provided

[Indicate

month/

year]

[Indicate Month/

Year]

Project Name:

Brief description of the

project performed by the

applicant: [describe works

performed briefly]

Total Investment(if PPP) /Cost

(if EPC) in/of the project

Equity contribution by

developer if executed

through PPP

Yes/No

a. Copy of agreement/if international then apostle;

b. Copy of LoI/ Work Order

c. Copy of completion certificate;

[Issued by Competent Authority]



Name of the contracting

agency:

[Full Name]

[complete Address]

[Telephone number]

[Indicate

month/

year]

[Indicate Month/

Year]

Project Name:

Brief description of the

project performed by the

applicant: [describe works

performed briefly]

Total Investment(if PPP) /Cost

(if EPC) in/of the project

Equity contribution by

developer if executed

through PPP

Name of the contracting

agency:

[Full Name]

[complete Address]

[Telephone number]

Yes/No

d. Copy of agreement/if international then apostle;

e. Copy of LoI/ Work Order

f. Copy of completion certificate;

[Issued by Competent Authority]

O&M Experience – criteria for evaluation and the documents for verification may need to be included as

a separate table by attaching a certificate issued by the competent authority.



APPENDIX – VIII

FORMATS FOR TECHNICAL PROPOSAL

In preparing the Technical Offer, Bidder/Applicants are advised to review the RFP in full including the

Project Information Memorandum and Draft Concession Agreement and its schedules and understand

the project requirements and scope of services properly.

Bidder/Applicants are requested to undertake required reconnaissance studies and field level studies to

ensure that their Technical Proposal addresses the issues and meets the requirements of the project as

outlined in the RFP. Bidder/Applicants are open to carryout independent studies to confirm the validity

of the information provided in the RFP.

Bidder/Applicants are encouraged to develop plans specific for the needs of the project area that meet

the criteria of regional approach, high technological standards, and environmental performance and are

socially responsible for the service users. The Bidder/Applicants have to bear in mind these objectives

while making decisions on the waste management system plan and choosing the technologies. The

system components and the requirements are described completely in the various sections and

schedules of the bidding documents including RFP and draft concession agreement. However, the

Bidder/Applicants are encouraged to provide systems that will meet the project requirements and are

commercially proven, viable and have already been running successfully by the Bidder/Applicants for

other similar kind of projects.

The Bidder/Applicant shall submit a Technical Proposal setting out the approach to the Project. The

Technical Proposal shall comply with the technical specifications, Construction Requirements and O&M

Requirements as set out in Schedules of the Draft Concession Agreement. The design and approach for

implementing the Project shall also be in compliance with the Applicable Law, including the MSW Rules.

The Technical Proposal is being evaluated for the following components:

1. Methodology Statement (Evidenced appropriateness and soundness of technology)

2. Proposed waste processing technology for processing facility

3. Proposed Smart waste management plan for the ISWM project including O&M plan for

the Plan during the Concession period

4. IFC conformance, environment monitoring plan, monsoon planning, emergency

planning

5. Social impact and awareness building including , Health & Safety Policy and Practice

6. Schedule and implementation plan

7. Management team



The proposal should clearly demonstrate that it meets the evaluation criteria for the above

aspects of the proposal by including the following into its proposal:

B.1 Methodology Statement

Selection of technology (Waste processing) is critical to the success of this Project. Design of

appropriate system with appropriate use of technology is key to getting this system right and

making it commercially viable. The Bidder/Applicants are required to provide their inputs in this

section on “why and how” of the proposed system. They need to demonstrate that they have

the knowledge and the experience to be able to make the system work, given the environment

and its challenges in the project area in terms of location set up of participating ULBs, waste

contribution of each ULB and their distances from proposed ISWM facility. Some key answers

that the Authority-Is looking for include:

Indicate why the selected approach/technology (Waste Processing) is the most effective

solution;

Include reference to and discussion of technical advantages and disadvantages of other

alternative approaches/technologies;

Indicate the number of other waste management facilities run by the Bidder/Applicant,

which use the proposed technologies; and

Indicate level of past success with emphasis on quantitative evidence (quantities processed,

specs of products, compliance achieved) and discussions on how this technology is relevant

to the project.

Provide the detail component wise costing of the technology proposed.

B2 Proposed Smart Waste Management Plan

The proposal will describe in detail a sustainable approach which addresses the local waste

management issues providing evidence and argumentation wherever required and possible.

References to similar collection and transportation plans should be used as much as possible.

The proposed system description should be in detail and should clearly state assumptions and

requirements from the Authority. The obligations of the Authority are stated elsewhere in the

RFP. However, if the Bidder/Applicant requires or needs additional support or services, they

should be clearly identified and consolidated in the Bids.

This section should comprehensively describe the three aspects of the plan:



Project Understanding including identification of local issues and challenges

Proposed scope of services

Approach and methodology to deliver these services

The approach should address all components of the overall waste management system

including, but not limited to:

Clearing of existing waste piles littered within the project area and its disposal in a Landfill

for Interim Phase and its closure

Collection of waste from households, (commercial, industrial and institutional

establishments);

Storage at waste storage facilities wherever land provided

MRF, Segregation and Recycling, marketing and sales of recyclable materials

Waste processing; and

Disposal of rejects and inerts in the scientific landfill

Some aspects that should be discussed and detailed are as follows:

Provide specific details of the proposed waste management plan including details of its

components, advantages of the proposed approach, alternative approaches (if proposing)

and its implications, experiences from the past on what works and what doesn't;

Provide specific details about the capacity of proposed infrastructure and how it would be

able to take care of the generated waste within the project area during the entire term of

the Concession period.

Provide a process flow chart and a material balance statement setting out the activities and

the outputs at each stage. The Bidder/Applicant should indicate supporting calculations and

assumptions, if any.

The methodology statement should clearly demonstrate the compliance of the approach to

be adopted by the Bidder/Applicant for the implementation of the Project to the minimum

specifications set out in the Draft Concession Agreement.



Provide Operation and Maintenance plan with specific details. Identify the assumptions and

sources of information used to develop the maintenance plan. Maintenance plans must be

specific and cover all aspects of the waste management plan;

Provide based on past performance, how specific problems were resolved including labor

disruptions, equipment breakdowns, equipment performance failures;

Provide details on the design of waste management infrastructure including systems &

routing for waste transportation in an efficient manner and disposal;

Indicate specifically areas of redundancy and quantify the capacity of the proposed systems,

including quantity of waste that can be transported, capacity of proposed disposal

method/sites; and

Provide plan for the design, development and operation of the C&T systems as well as

Waste processing & disposal systems

B.3 Environmental Performance

Bidder/Applicants have to undertake a rapid environmental assessment of the proposed system

and propose measures for mitigation and conservation. Bidder/Applicants should ensure that

their plan meets applicable laws and regulations and highlight aspects of their plan that are over

and above the requirements of these regulations. Bidder/Applicants will also be responsible for

arranging all environmental clearances for the project. Some key aspects that need to be

presented are highlighted below:

Provide an overview of an environmental impact statement and detail an environmental

management plan within the scope of the proposed waste management plan and the issues

identified;

Estimate the quantity and composition of emissions to air, water (including marine

discharges), and land and the expected amount of waste produced based on the proposed

approach; Estimates should be quantitative to the largest degree possible. Indicate how the

estimates were derived and their level of accuracy. Where possible provide actual data

from similar facilities.

Further to the emissions estimates, provide guaranteed standards including treatment

efficiency; Compare the efficiencies of the proposed technologies to potential alternatives.

Where possible provide actual data from similar facilities.

Estimate the land and infrastructure requirements (land footprint) for the proposed

approach including:



o Collection & transportation infrastructure

o Infrastructure for waste storage, segregation, Recycling and processing,

o Any other facility and common facilities

o landfill size & its details including depth, height, phasing and how much rejects shall be

disposed in the landfill

The above components will result in aggregate land requirement for the Project.

Provide a GHG emission estimate and potential CERs generated as a result of the proposed

approach. Provide quantitative estimates as much as possible and include assumptions

used in estimation. Methodology for estimation of CERs should be clearly shown and issues

or challenges should be clearly highlighted.

B.4 Social Performance

The Technical Proposal for Social Performance shall set out the following components:

(i) Main outcome of independent studies/surveys done to do social gap assessment; (ii) Implementation arrangements for awareness generation (iii) Concept design or approach for development of awareness program (iv) Health and social safeguard and security (v) Operations & Maintenance cum follow-up to ensure sustainability (vi) Resource Utilization Statement (vii) Project Implementation Schedule

(i) Main outcome of independent studies/surveys done:

The Bidder/Applicant shall provide the summary of main outcome of findings and lessons learnt from independent studies, main observations or findings on social gap assessment with special reference to resident behaviour practices and perception relating to handling of solid waste at HHs level, willingness to pay user charges, gender perspective in solid waste management, access to nearest disposal point, socio economic status of rag pickers and sanitary workers and their willingness to support the improved services, functional status of existing NGOs, local groups etc.

(ii) Implementation arrangements:

The Bidder/Applicant is expected to create awareness amongst resident for safe disposal of HHs waste in all project towns. The Bidder/Applicant is expected to either do the same from own man power resources or hire NGO etc. to implement the same. The Bidder/Applicants need to broadly design the effective implementation arrangement and operational plan at field level.



(iii) Concept design or approach for development of awareness program The Bidder/Applicant shall provide a concept which broadly sets out the approach to the Project. The methodology statement shall include objective, stakeholder analysis, activities relating to awareness generation, door to door garbage collection, income generation through waste, social safeguard of sanitary workers, monitory and supervision, capacity building of local groups, timeline/implementation plan to comply with proposed action plan and estimated targets, plan for production and disseminations of IEC materials, estimated costs. The methodology statement should clearly demonstrate the compliance of the approach to be adopted by the Bidder/Applicant for the implementation of the Project to the minimum specifications set out in the Draft Concession Agreement.

(iv) Health and social safeguard and security

The Bidder/Applicant shall indicate the environment, health and safety policy and practices, which are proposed to be adopted during the Concession Period. The aspects relating to employee and worker safety, control mechanisms of litter, pest, odour, fire, surface runoffs etc. needs to be elaborated. The Bidder/Applicant shall also, provide the basic indicators and monitoring mechanisms to regularly monitor the health and social safeguard compliances mentioned in RFP.

(v) Operations & Maintenance cum follow-up to ensure sustainability

The Bidder/Applicant shall provide the follow-up arrangements, mechanism for effective operation and maintenance and list of proposed activities to ensure sustainability.

(vi) Resource Utilization Statement

A statement indicating the procurement, deployment and utilization of the resources shall be provided. The statement shall include proposed organizational structure, employee deployment, and contracting activities

(vii) Project Implementation Schedule

The Bidder/Applicant shall indicate an Activity Schedule over the Concession Period schedule for awareness generation including the O&M and follow-up activities.

B.5 Implementation Plan and Schedule

The Bidder/Applicants should include an implementation plan with key milestones, completion

dates, critical path items and final deliverables.

The plan should provide details of how these milestones and deliverables are to be achieved

and key challenges. The schedule should provide for mitigation of these challenges and indicate

any requirements from the Authority. The implementation plan will cover aspects of

procurement of equipment, estimated delivery time, installation and commissioning time. The

Selected Bidder/Applicants will complete all works necessary for the establishment of the



Facilities in all material respects in accordance with the terms of the Concession Agreement and

to the Project Completion Schedule.

Action Proposed Scheduled Date

A1. Fulfillment of Conditions Precedent and

Effective Date of the Concession Agreement

A2. Signing of the Concession Agreement

A3. Commencement Date for

A4. Scheduled COD C&T

A5. Scheduled COD ISWM Facility

A6. Expiry Date of the Concession Agreement

Include a quality assurance-quality control plan for implementing and ongoing operation of the

proposed system. The plan should cover the construction and operations including quality of

materials, workmanship, purchased equipment warranties and guarantees, inspections of field

work, transport vehicles and operational performance standards.

The Bidder/Applicants are encouraged to fast track implementation and reduce the overall

timelines. They should also indicate any incentives that they would want for shortening their

proposed implementation plan.

Aspects with respect to delayed implementation and damages are covered elsewhere in this

RFP.

B.6 Management Team

The Management Team proposed for the Project is a key element to ensuring that the Project is

completed on or ahead of time, meets the promised quality and delivers the proposed system.

The details of the key members of the Project team and their term of deployment to the project

site for managing and implementing the project should be provided. The Project manager and

operations manager will need to be located in Bhind for developing and implementing the



Project. The team will be evaluated on experience of the proposed staff resumes and the

deployment plan.

A health and safety plan for the employees and the contractors to be employed on the Project

should also be included.

In preparing the Technical Offer, Bidder/Applicants are advised to review the RFP in full

including the Project Information Memorandum and Draft Concession Agreement.

Bidder/Applicants are requested to undertake required reconnaissance studies and field level

studies required by the Bidder/Applicant to ensure that their Technical Proposal addresses the

issues and meets the requirements of the project as outlined in the RFP. Bidder/Applicants are

open to carryout independent studies to confirm the validity of the information provided in the

RFP.

The Bidder/Applicant shall submit a Technical Proposal setting out the approach to the Project.

The Technical Proposal shall comply with the Construction Requirements and O&M

Requirements as set out in Schedules of the Draft Concession Agreement. The design and

approach for implementing the Project shall also be in compliance with the Applicable Law,

including the MSW Rules.

The Technical Proposal shall set out the following components:

a. Methodology Statement;

b. Concept design for development of Project Facilities;

c. PERT/CPM Chart;

d. Resource Utilization Statement

e. Area Allocation Statement

f. Operations & Maintenance Scheme

g. Project Schedule

h. Environment, Health & Safety Policy and Practice

a. Methodology Statement

The Bidder/Applicant shall provide a methodology statement, which broadly sets out the

approach to the Project. The methodology statement shall include the Bidder/Applicant’s

appreciation of the Project, the sequencing of activities to be performed, the facilities to be

provided, design standards and basis for calculations of capital and operating costs. The



methodology statement should clearly demonstrate the compliance of the approach to be

adopted by the Bidder/Applicant for the implementation of the Project to the minimum

specifications set out in the Draft Concession Agreement.

b. Process Flow Chart and Material Balance Statement

The Bidder/Applicant shall provide a process flow chart and a material balance statement setting

out the activities and the outputs at each stage. The Bidder/Applicant should indicate supporting

calculations and assumptions, if any.

c. Resource Utilization Statement

A statement indicating the procurement, deployment and utilization of the resources shall be

provided. The statement shall include proposed organizational structure, employee deployment,

equipment procurement and utilization, contracting activities, utilization of office and other

facilities.

c. Area Allocation Statement

The Bidder/Applicant shall set out the area utilization plan for the Project Site and Project

Facilities including the Transfer Station, Processing Facility, any other facilities and common areas

etc.

d. Operations and Maintenance Scheme

The Bidder/Applicant shall separately set out the operations scheme for Project Site and Project

Facilities. The maintenance (regular & emergency) schedules should also be indicated over the

Concession Period.

e. Time Schedule

The Bidder/Applicant shall indicate an Activity Schedule over the Concession Period including the

Construction Activities and O&M Activities.

f. Environment, Health & Safety Policy and Practice

The Bidder/Applicant shall indicate the environment, health and safety policy and practices, which

are proposed to be adopted during the Concession Period. The aspects relating to employee and

worker safety, control mechanisms of litter, pest, odor, fire, surface runoffs etc needs to be

elaborated.

The broad format for Technical Proposal is outlined below:



APPENDIX – VIII (A)

Technical Plan – Collection, Transportation & Disposal of Solid Waste in Project Site

The Technical Plan shall comprise:

1. Proposed Strategy

a) Process management plan for collection, transport of MSW

b) Detailed Methodology and/or Mechanism giving the entire O&M procedures and also the

implementation plan for collection, transportation & disposal of MSW in the Project Site;

c) Calculations and methodology for operations in two (one /or two shifts) with respect to

collection, transportation & disposal of MSW in the Project Site;

d) Proposed plan for communicating with the staff of service provider.

e) Baseline surveys for Social Impact

Main issues for baseline survey/data collection

Data analysis, Expected outcome from survey findings. Use of survey findings

Stakeholders Analysis, consultation, awareness, community organization, door to door garbage

collection, income generation, social safeguard and capacity building:

Proposed activities with detail strategies and approaches, Different target groups proposed to

be involved

Proposed information, Education and communication materials and disseminations mechanism

Proposed approach for training needs assessment of local groups, and anticipated topics for

capacity building

a. Detailed Methodology and/or Mechanism giving the entire O&M procedures, follow-up

mechanisms, and monitoring indicators

b. Expected outcome and plan to comply with proposed action plan

Service provider shall be required to submit a chart setting out the process flow for the activities

envisaged.

2. Timelines and frequency for carrying out and completion of various activities

a. Collection of MSW from various waste generators in the Project area

b. Bin cleaning including collection and/or street bins c. Transportation and disposal of

MSW



Activity Frequency Start Time Completion Time

Private player shall list out every activity to be carried out

3. Infrastructure (bins, push carts, tools, equipment and vehicles) to be provided for execution of the

Project.

S.No Equipment/ Implement Quantity Replacement Frequency

S.No Vehicle Type Numbers Capacity in terms of

Volume

Owned Leased Total

Bidder/Applicant must provide calculations for travel time/distance and basis for providing the number or vehicles as well as the plan for co-ordination of vehicles through GPS for collection, transportation and disposal of solid waste in the Project Site

4. Equipment Mobilization and Deployment Plan:

a. Schedule for procuring, installing, deploying equipment including bins, pushcarts, ancillary

equipment for source segregation, collection, transportation and disposal of MSW in the Project

Site;

b. The above Schedule shall also be submitted in a Bar Chart and PERT – CPM network format.

5. Information, Education, and Communication (IEC) Awareness campaigns to be initiated

S.No Type of IEC Proposed messages Quantity/specifications



6. Mechanism for Grievance Redressal and/or Customer Service

7. Manpower Deployment for awareness , collection, transportation and disposal of MSW:

a. Calculation of manpower requirements;

b. Details of proposed manpower and organization chart

S.No Staffing Aspect Details

1 Total number of people deployed*

2 Type of Staff

Operational Staff

Supervisory Staff

Any other

*Describing role and activities performed

8. Mechanism for addressing any emergency situation

9. Suggestions on improvements and additions to project components

Bidder/Applicants are requested to outline suggestions on improvements and additions to project

components outlined in the RFP.

10. Innovative measures proposed

Bidder/Applicants are requested to outline any additional improvements to project components

outlined in the RFP in order to rationalize costs without affecting service levels.



APPENDIX – VIII (B)

Technical Plan for Project Facilities including Transfer Station (Secondary Storage), MSW Processing Facility(s), and sanitary Land filling Site(s)

A. Technical Plan

Construction

Bidder/Applicants are requested to prepare a detailed step wise work plan for the Project Facility(s)

including Transfer Station, MSW Processing Facility(s), and Sanitary Land fill Site(s) during construction.

This should include the following

1. Detailed Design & Specifications of Project Facilities:

a. Design of proposed capacity transfer station, if needed, and MSW processing facility with

detail calculations;

b. GA drawing of transfer station(s) and MSW processing facility(s) showing all the units

complete in all respects; and

c. Table giving List of plant, machinery and equipment along with detailed calculation,

specification, catalogues, make and model, proposed quantity to be provided at transfer

station(s) and MSW processing facility(s), and Sanitary Land fill Site(s).

2. Construction and/or Rehabilitation Phasing:

a. The Bidder/Applicant shall provide a detailed Construction and/or Rehabilitation Schedule

consistent with the prescribed construction and/or rehabilitation period as specified in the

Bid documents. The Bidder/Applicant shall indicate the milestones and would describe

when the various milestones of the Project will be achieved. This Construction Schedule

shall form part of the Concession Agreement;

b. The Bidder/Applicant shall also indicate the pre-conditions for achieving the milestones

indicated in the Construction and/or Rehabilitation Schedule and significant conditions or

events, which may delay achieving a milestone. The schedule shall also indicate

identification and acquisition of major Clearances. The above schedule shall also be

submitted in a Bar Chart and PERT –CPM network format;

c. Table giving List of all other civil works and facilities to be provided;

d. Detailed design, specifications and drawings of various civil and mechanical installations

proposed in the Project Facilities; and

e. Detailed design, specifications and drawings of various utilities proposed viz. Control room,

Workshop facility, Leachate treatment system etc.

3. Manpower and Equipment Mobilization & Deployment Plan vis-à-vis the above construction



schedule. This should include:

a. Calculation of manpower requirement;

b. Details of proposed manpower and organization chart for Authorized person of company;

and

c. Details of equipment mobilization and deployment plan

The above plans should adhere to the overall timeframes for completion of construction and timeframe

for Project Commissioning outlined in the Bid documents.

B. Operation & Maintenance

As part of the O&M Plan, Bidder/Applicants should detail the specific activities that they intend to carry

with respect to Operations and Maintenance to ensure that the service level obligations are met as set

out in the draft concession agreement are maintained. Specifically, the O&M Plan should cover

1. Asset Management Plan;

2. Maintenance Plan/Schedule – regular and preventive of civil infrastructure, plant, equipment

and vehicle;

3. Organizational Plan during maintenance;

4. Cost management covering power and consumables;

5. Stakeholder management, communication and grievance redressal;

6. Overall Project Quality Assurance; and

7. The Bidder/Applicant must describe in detail how it proposes to meet the safety requirements

and environmental and social standards.



APPENDIX – VIII (C)

Details of Expert Team to handle Project Site and Project Facilities

1. Details of the Required CVs to handle Project Site and Project facilities:

2. Format for CVs of senior management staff

Proposed Position:

Name of Firm:

Name of Staff:

Date of Birth:

Years with Firm/Entity: Nationality: Membership in Professional Societies:

Detailed Tasks Assigned:

Key Qualifications:

[Give an outline of staff member’s experience and training most pertinent to tasks on assignment.

Describe degree of responsibility held by staff member on relevant previous assignments and give dates

and locations. Use about half a page.]

Education:

[Summarize college/university and other specialized education of staff member, giving names of schools,

dates attended, and degrees obtained. Use about one quarter of a page.]

Employment Record:

[Starting with present position, list in reverse order every employment held. List all positions held by

staff member since graduation, giving dates, names of employing organizations, titles of positions

held, and locations of assignments. For experience in last ten years, also give types of activities

performed and client references, where appropriate. Use about two pages.]

Languages:

[For each language indicate proficiency: excellent, good, or fair in speaking, reading, & writing.]

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe

my qualifications, my experience, and me.

Date: [Signature of staff member and authorized representative of the firm] Day/Month/Year



Full name of staff member:______________________________________

Full name of authorized representative: ___________________________



APPENDIX - IX

FORMATS FOR FINANCIAL OFFER To be submitted online only

(To be submitted separately on the Letter Head of the Lead Member/single entity)

Date: _______________ The

Commissioner/ SBM-SMD

UAD, - Bhopal

Dear Sir,

Sub: RFP Reference No._____________ dated _________for Bhind Integrated Solid Waste

Management Project

Having gone through this RFP document and the draft concession agreement and having fully

understood the Scope of Work for the Project as set out by the Authority-In the RFP document.

2. I/We are pleased to inform that I/We would demand the Tipping Fee in INR--------- (Inwords-----)

per MT of waste generated and collected in project area, compacted and weighed at satellite

station/ ISWM facility for each ULB separately for carrying out the project as envisages under the

Scope of work indicated in this RFP document for the concession period. This shall be inclusive of

all taxes “We confirm that in case of discrepancy in Figures and Words for the Amount Quoted the

lowest of the amount quoted in figure or words shall be considered. We confirm that the Financial

Proposal conforms to all the terms & conditions stipulated in the Request for Proposal (RFP)

Document.

3. We confirm that our Financial Proposal is FINAL in all respects and contain No conditions.

6. We confirm that, the information submitted in our Financial Proposal is complete and is correct to

the best of our knowledge and understanding. We would be solely responsible for any errors or

omissions in our Proposal.

7. We confirm that we have studied the provisions of relevant Indian laws and regulations required to

enable us to prepare this Financial Proposal and as required to Design, Build, Finance, Operate,



Maintain and Transfer the Project, in the event that we are finally selected.

Yours Faithfully,

For an on behalf of (name of Bidder/Applicant)

Duly signed by the Authorized signatory of the Bidder/Applicant



APPENDIX – X

Certificate from the Statutory Auditor regarding PPP projects [Not required in case the Technical Capacity & O&M experience is not PPP project]

Based on its books of accounts and other published information authenticated by it, this is to certify

that …………………….. (name of the Applicant/Member/Associate/Affiliate) is/ was an equity shareholder

in ……………….. (title of the project company) and holds/ held Rs. ……… cr. (Rupees …………………………..

crore) of equity (which constitutes ……..% of the total paid up and subscribed equity capital) of the

project company from …………... (date) to …………….. (date). The project was commissioned on …………….

(date of commissioning of the project).

We further certify that the total estimated capital cost of the project is Rs. ……… cr. (Rupees

…………………crore), of which Rs. ……… cr. (Rupees …………… crore) of capital expenditure was incurred

during the past five financial years as per year-wise details noted below:

………………………

………………………

We also certify that the eligible annual revenues collected and appropriated by the aforesaid

project company in terms of Clause 3.7 of the RFP during the past 10 financial years were Rs. ……… cr.

as per year-wise details noted below:

………………………

………………………

Name of the audit firm:

Seal of the audit firm: (Signature, name and designation

Date: of the authorised signatory)



If the Bidder is claiming experience for EPC Project , it should provide a certificate from its statutory auditors in the format given below:

APPENDIX – X (A)

Certificate from the Statutory Auditor/ Client regarding development / construction worksΦ

Based on the books of accounts and other published information authenticated by it, This is to

certify that …………………….. (name of the Bidder/Member/Associate) was engaged by ………………..

(title of the project company) to execute ……………… (name of project) for …………………. (nature of

project)}. The construction of the project commenced on ………….. (date) and the project was/ is

likely to be commissioned on …………… (date, if any). It is certified that ……………. (name of the

Bidder/ Member/ Associate) received/paid Rs. ……….. cr. (Rupees …………………………… crore) by

way of payment for the aforesaid construction works.

We further certify that the total estimated capital cost of the project is Rs. …… cr. (Rupees

…………………crore), of which the Bidder/Member/Associate received/paid Rs. ……… cr. (Rupees

……………………… crore), in terms of Clauses 3.7 of the RFQ, during the past 10 financial years as

per year-wise details noted below:

………………………

………………………

{It is further certified that the payments/ receipts indicated above are restricted to the share of

the Bidder who undertook these works as a partner or a member of joint venture/

consortium.}

Name of the audit firm:

Seal of the audit firm: (Signature, name and designation of the

authorised signatory).

Date:

Φ Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory auditor means the entity that audits and certifies the annual accounts of the company.

This certification should only be provided in case of jobs/ contracts, which are executed as part of a partnership/ joint venture/ consortium. The payments indicated in the certificate should be restricted to the share of Bidder in such partnership/ joint venture/ consortium. This portion may be omitted if the contract did not involve a partnership/ joint venture/ consortium. In case where work is not executed by partnership/ joint venture/ consortium, this paragraph may be deleted.



APPENDIX – XI

Statement of Legal Capacity

(To be forwarded on the letterhead of the Applicant/ Lead Member of Consortium)

Ref. Date: To,

Commissioner/ SBM-SMD

UAD-Bhopal,

Dear Sir,

We hereby confirm that we/ our members in the Consortium (constitution of which has been described

in the application) satisfy the terms and conditions laid out in the RFP document.

We have agreed that …………………… (insert member’s name) will act as the Lead Member of our

consortium.*

We have agreed that ………………….. (insert individual’s name) will act as our representative/ will act as

the representative of the consortium on its behalf* and has been duly authorized to submit the RFP.

Further, the authorised signatory is vested with requisite powers to furnish such letter and authenticate

the same.

Thanking you,

Your faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

* Please strike out whichever is not applicable.



APPENDIX – XII

Joint Bidding Agreement

(To be executed on Stamp paper of appropriate value)

THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of ………,20....…

AMONGST

1. {………… Limited, a company incorporated under the Companies Act1956/,2013} and having its

registered office at ………… (hereinafter referred to as the “First Part” which expression shall,

unless repugnant to the context include its successors and permitted assigns)

AND 2. {………… Limited, a company incorporated under the Companies Act, 1956/2013} and having its

registered office at ………… (hereinafter referred to as the “Second Part” which expression shall,

unless repugnant to the context include its successors and permitted assigns)

AND 3. {………… Limited, a company incorporated under the Companies Act, 1956/2013 and having its

registered office at ………… (hereinafter referred to as the “Third Part” which expression shall,

unless repugnant to the context include its successors and permitted assigns)}

The above mentioned parties of the FIRST, SECOND and THIRD PART are collectively referred to

as the “Parties” and each is individually referred to as a “Party” WHEREAS

(A) [Nagar Palika Parishad Bhind, established under the Madhya Pradesh Municipalities Act 1961

represented by its Commissioner having its principal office at Bhind, Madhya Pradesh]

(hereinafter referred to as the “Authority” which expression shall, unless repugnant to the

context or meaning thereof, include its administrators, successors and assigns) has invited

applications (the Applications”) by its Request for Proposal No. ………… dated …………(the “RfP”)

(the “Project”) through Public Private Partnership.

(B) The Parties are interested in jointly bidding for the Project as members of a Consortium and in

accordance with the terms and conditions of the RFP document and other bid documents in

respect of the Project, and



(C) It is a necessary condition under the RFP document that the members of the Consortium shall

enter into a Joint Bidding Agreement and furnish a copy thereof with the Application.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

In this Agreement, the capitalized terms shall, unless the context otherwise requires, have the

meaning ascribed thereto under the RFP.

2. Consortium

2.1 The Parties do hereby irrevocably constitute a consortium (the “Consortium”) for the purposes

of jointly participating in the Bidding Process for the Project.

2.2 The Parties hereby undertake to participate in the Bidding Process only through this Consortium

and not individually and/ or through any other consortium constituted for this Project, either

directly or indirectly or through any of their Associate/Affiliates.

3. Covenants

The Parties hereby undertake that in the event the Consortium is declared the selected

Bidder/Applicant and awarded the Project, it shall incorporate a special purpose vehicle (the

“SPV”) under the Indian Companies Act, 1956/2013 for entering into a Concession Agreement

with the Authority and for performing all its obligations as the Concessionaire in terms of the

Concession Agreement for the Project.

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described below:

(a) Party of the First Part shall be the Lead member of the Consortium and shall have the

power of attorney from all Parties for conducting all business for and on behalf of the

Consortium during the Bidding Process and until the Appointed Date under the

Concession Agreement when all the obligations of the SPV shall become effective;



(b) Party of the Second Part shall be {the Technical Member of the Consortium;}

(c) Party of the Third Part shall be the Financial Member of the Consortium; and}

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all obligations and

liabilities relating to the Project and in accordance with the terms of the RFP and the


6. Shareholding in the SPV

6.1 The Parties agree that the proportion of shareholding among the Parties in the SPV shall be as

follows:

First Party:

Second Party:

{Third Party :}

i. The Lead Member of the Consortium shall hold not less than 26% (twenty six percent)

of the Equity in SPV during the implementation period.

ii. The other members of the Consortium, whose technical and financial capacity was

evaluated for the purposes of qualification and short-listing in response to the Request

for Proposal, shall hold not less than 11% (eleven percent) of Equity in SPV during the

implementation period.

6.2 The Parties undertake that they shall collectively hold at least-

d. 51% (fifty one per cent) of its paid up Equity Capital during the implementation period ;

e. 33% (Thirty three percent)of its paid up Equity capital during 3 years commencing from

the COD ISWM facility; and

f. 26% (Twenty Six percent) or such lower proportion as may be permitted by the

Authority during the remaining agreement period, of its paid up Equity Capital

6.3 The Parties undertake that they shall comply with all equity lock-in requirements set forth in the


7. Representation of the Parties



Each Party represents to the other Parties as of the date of this Agreement that:

(a) Such Party is duly organized, validly existing and in good standing under the laws of its

incorporation and has all requisite power and authority to enter into this Agreement;

(b) The execution, delivery and performance by such Party of this Agreement has been

authorised by all necessary and appropriate corporate or governmental action and a

copy of the extract of the charter documents and board resolution/ power of attorney

in favour of the person executing this Agreement for the delegation of power and

authority to execute this Agreement on behalf of the Consortium Member is annexed

to this Agreement, and will not, to the best of its knowledge:

(i) require any consent or approval not already obtained;

(ii) violate any Applicable Law presently in effect and having applicability to it;

(iii) violate the memorandum and articles of association, by-laws or other applicable

organizational documents thereof;

(iv) violate any clearance, permit, concession, grant, license or other governmental

authorization, approval, judgment, order or decree or any mortgage agreement,

indenture or any other instrument to which such Party is a party or by which such

Party or any of its properties or assets are bound or that is otherwise applicable

to such Party; or

(v) create or impose any liens, mortgages, pledges, claims, security interests, charges

or Encumbrances or obligations to create a lien, charge, pledge, security interest,

encumbrances or mortgage in or on the property of such Party, except for

encumbrances that would not, individually or in the aggregate, have a material

adverse effect on the financial condition or prospects or business of such Party so

as to prevent such Party from fulfilling its obligations under this Agreement;

(c) this Agreement is the legal and binding obligation of such Party, enforceable in

accordance with its terms against it; and

(d) there is no litigation pending or, to the best of such Party’s knowledge, threatened to

which it or any of its Affiliates is a party that presently affects or which would have a



material adverse effect on the financial condition or prospects or business of such Party

in the fulfillment of its obligations under this Agreement.

8. Termination

This Agreement shall be effective from the date hereof and shall continue in full force and

effect until the Financial Close of the Project is achieved under and in accordance with the

Concession Agreement, in case the Project is awarded to the Consortium. However, in case the

Consortium is either not pre-qualified for the Project or does not get selected for award of the

Project, the Agreement will stand terminated in case the Applicant is not pre-qualified or upon

return of the Bid Security by the Authority to the Bidder/Applicant, as the case may be.

9. Miscellaneous

9.1 This Joint Bidding Agreement shall be governed by laws of India.

9.2 The Parties acknowledge and accept that this Agreement shall not be amended by the Parties

without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS AGREEMENT

AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED For and on behalf of For and on behalf of LEAD MEMBER by: SECOND PART by: (Signature) (Signature) (Name) (Name) (Designation) (Designation) (Address) (Address)

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED For and on behalf of For and on behalf of THIRD PART by: FOURTH PART by: (Signature) (Signature) (Name) (Name) (Designation) (Designation)



(Address) (Address) In the presence of:

1. 2. Notes:

1. The mode of the execution of the Joint Bidding Agreement should be in accordance with the

procedure, if any, laid down by the Applicable Law and the charter documents of the

executants (s) and when it is so required, the same should be under common seal affixed in

accordance with the required procedure.

2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents and

documents such as resolution / power of attorney in favour of the person executing this

Agreement for the delegation of power and authority to execute this Agreement on behalf of

the Consortium Member.

3. For a Joint Bidding Agreement executed and issued overseas, the document shall be legalised by

the Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been

executed.



APPENDIX – XIII

Bank Guarantee for Bid Security

B.G. No. Dated:

1 In consideration of you, Nagar Palika Parishad Bhind, having its office at Bhind,

(hereinafter referred to as “Authority”, which expression shall unless it be repugnant to the

subject or context thereof include its, successors and assigns) having agreed to receive the Bid

of _____________ [a Company registered under provision of the Companies Act, 1956/2013]

and having its registered office at ____________ [and acting on behalf of its Consortium]

(hereinafter referred to as the “Bidder/Applicant” which expression shall unless it be repugnant

to the subject or context thereof include its/their executors administrators, successors and

assigns), for the Municipal Solid Waste Management Project for Bhind Cluster (hereinafter

referred to as “the Project”) pursuant to the RFP Document dated ***** issued in respect of the

Project and other related documents (hereinafter collectively referred to as “Bidding

Documents”), we [Name of the Bank] having our registered office at _____________ and one of

its branches at ____________ (hereinafter referred to as the “Bank”), at the request of the

Bidder/Applicant, do hereby in terms of Clause 1.3.5 read with Clause 2.23 of the RFP Document,

irrevocably, unconditionally and without reservation guarantee the due and faithful fulfilment

and compliance of the terms and conditions of the Bidding Documents (including the RFP

Document) by the said Bidder/Applicant and unconditionally and irrevocably undertake to pay

forthwith to Authority an amount of Rs_________ (Rupees _______) as bid security

(hereinafter referred to as the “Bid Security”) as our primary obligation without any demur,

reservation, recourse, contest or protest and without reference to the Bidder/Applicant if the

Bidder/Applicant shall fail to fulfill or comply with all or any of the terms and conditions

contained in the said Bidding Documents.

2 Any such written demand made by Authority stating that the Bidder/Applicant is in

default of the due and faithful fulfilment and compliance with the terms and conditions

contained in the Bidding Documents shall be final, conclusive and binding on the Bank.

3 We, the Bank, do hereby unconditionally undertake to pay the amounts due and

payable under this Guarantee without any demur, reservation, recourse, contest or protest and

without any reference to the Bidder/Applicant or any other person and irrespective of whether

the claim of Authority is disputed by the Bidder/Applicant or not merely on the first demand

from Authority stating that the amount claimed is due to Authority by reason of failure of the

Bidder/Applicant to fulfil and comply with the terms and conditions contained in the Bidding

Documents including failure of the said Bidder/Applicant to keep its Bid open during the Bid

validity period as set forth in the said Bidding Documents for any reason whatsoever. Any such

demand made on the Bank shall be conclusive as regards amount due and payable by the Bank

under this Guarantee. However, our liability under this Guarantee shall be restricted to an



amount not exceeding Rs. ___________ (Rupees ____________ only).

4 This Guarantee shall be irrevocable and remain in full force for a period of 6 (six)

months from the Bid Due Date inclusive of a claim period of 60 (sixty) days or for such extended

period as may be mutually agreed between Authority and the Bidder/Applicant, and agreed to

by the Bank, and shall continue to be enforceable till all amounts under this Guarantee have

been paid.

5 We, the Bank, further agree that Authority shall be the sole judge to decide as to

whether the Bidder/Applicant is in default of due and faithful fulfilment and compliance with

the terms and conditions contained in the Bidding Documents including, inter alia, the failure of

the Bidder/Applicant to keep its Bid open during the Bid validity period set forth in the said

Bidding Documents, and the decision of Authority that the Bidder/Applicant is in default as

aforesaid shall be final and binding on us, notwithstanding any differences between Authority

and the Bidder/Applicant or any dispute pending before any Court, Tribunal, Arbitrator or any

other Authority.

6 The Guarantee shall not be affected by any change in the constitution or winding up of

the Bidder/Applicant or the Bank or any absorption, merger or amalgamation of the

Bidder/Applicant or the Bank with any other person.

7 In order to give full effect to this Guarantee, Authority shall be entitled to treat the Bank

as the principal debtor. Authority shall have the fullest liberty without affecting in any way the

liability of the Bank under this Guarantee from time to time to vary any of the terms and

conditions contained in the said Bidding Documents or to extend time for submission of the Bids

or the Bid validity period or the period for conveying acceptance of Letter of Award by the

Bidder/Applicant or the period for fulfilment and compliance with all or any of the terms and

conditions contained in the said Bidding Documents by the said Bidder/Applicant or to postpone

for any time and from time to time any of the powers exercisable by it against the said

Bidder/Applicant and either to enforce or forbear from enforcing any of the terms and

conditions contained in the said Bidding Documents or the securities available to Authority, and

the Bank shall not be released from its liability under these presents by any exercise by

Authority of the liberty with reference to the matters aforesaid or by reason of time being given

to the said Bidder/Applicant or any other forbearance, act or omission on the part of Authority

or any indulgence by Authority to the said Bidder/Applicant or by any change in the constitution

of Authority or its absorption, merger or amalgamation with any other person or any other

matter or thing whatsoever which under the law relating to sureties would but for this provision

have the effect of releasing the Bank from its such liability.

8 Any notice by way of request, demand or otherwise hereunder shall be sufficiently

given or made if addressed to the Bank and sent by courier or by registered mail to the Bank at

the address set forth herein.



9 We undertake to make the payment on receipt of your notice of claim on us addressed

to [name of Bank along with branch address] and delivered at our above branch that shall be

deemed to have been duly authorized to receive the said notice of claim.

10 It shall not be necessary for Authority to proceed against the said Bidder/Applicant

before proceeding against the Bank and the guarantee herein contained shall be enforceable

against the Bank, notwithstanding any other security which Authority may have obtained from

the said Bidder/Applicant or any other person and which shall, at the time when proceedings

are taken against the Bank hereunder, be outstanding or unrealised.

11 We, the Bank, further undertake not to revoke this Guarantee during its currency

except with the previous express consent of Authority in writing.

12 The Bank declares that it has power to issue this Guarantee and discharge the

obligations contemplated herein, the undersigned is duly authorized and has full power to

execute this Guarantee for and on behalf of the Bank.

Signed and Delivered by ____________ Bank

By the hand of Mr./Ms ____________, its ____________ and authorized official.

(Signature of the Authorized Signatory)

(Official Seal)

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