Development of 3000 TPD Waste to Energy Project at Deonar, Mumbai on DBO basis. Instructions to Tenderers Bid No.:

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MUNICIPAL CORPORATION OF GREATER MUMBAI Development of 3000 TPD Waste to Energy Project at Deonar, Mumbai on DBO basis Instructions to Tenderers Bid No.: 7100088307 25-10-2016 Employer: Municipal Corporation of Greater Mumbai Municipal Head Office Building Mahapalika Marg, Fort, Mumbai- 400001 India Consultant: Tata Consulting Engineers Ltd. 4 th Floor, Tower A, 247 Park, LBS Marg,Vikhroli (West), Mumbai- 400 083 India Waste to Energy Project at Deonar Page i Instructions to Tenderers

Development of 3000 TPD Waste to Energy Project at Deonar, Mumbai on DBO basis Layout of Tender Documents Notice of Invitation for Tenders ITT Instructions to Tenderers Appendix A Tender Data Sheet Appendix B Tender Submission Requirements Appendix C Qualification Criteria Appendix D Tender Qualification Forms Appendix E Tender Forms and Collateral Warranties Form Appendix F Pricing Schedules Appendix G Draft Contract Appendix H Schedule of Performance Guarantee Appendix J Other Schedule Waste to Energy Project at Deonar Page ii Instructions to Tenderers

ADVT. NO. Notice of Invitation for Tender (NTT) DATE:25-10-2016 1. The Municipal Corporation of Greater Mumbai (MCGM) is implementing Waste to Energy Project. The main objective of the project is to manage the solid waste by using it as resource and construct a facility to process the municipal solid waste reaching at Deonar to produce energy (Electric Power). Waste to energy project comprises of creating infrastructure including pre-processing facility, processing facility, power generation, evacuation and managing emission, leachate and rejects, as detailed out in the scope of work under ITT-2(1)-Appendix A. 2. (a) (b) (c) The Municipal Corporation of Greater Mumbai invites e-tenders in a three packets system (Packets A, B, & C) from Parties having requisite experience in the field, with financial and organisational competence for the design, construction, successful commissioning of 3000 TPD Waste to Energy Plant generating Gross Electric Power of minimum 25 MW with minimum net plant efficiency of 14.5% on Design Build model and carryout Operation Service of the Plant for a period of 20 Years and the same will be displayed on the MCGM Portal: http://portal.mcgm.gov.in The Contract period for Design-Build is 30 (Thirty) months including Monsoon period. Bidder offering Plant with gross electric power out put of less than 25 MW and net plant efficiency less than 14.5% shall be rejected and not considered for further evaluation. 3. Parties that can demonstrate suitable experience in the design, construction, operation and maintenance of similar types of works, having a sound financial background as specified below, are invited to submit the tender. 4. The qualification criteria are given below: The Bidder should meet the Technical Criteria requirement as per Category 1 or 2 or 3 (as the case may be) and the Financial Criteria to get qualified. Category 1 (i) Bidder should have experience in design, engineering, procurement, supply, construction and commissioning of Waste to Energy (WtE) Plant. Bidder should have executed and successfully commissioned WtE Plant of minimum 1000 Tonnes Per Day (TPD) in one location. The above reference plant shall be in successful operation and should have run for a period of minimum 12000 hours in the last two years as on the date of Notice of Invitation for Tender. (ii) And Bidder should have experience in carrying out Operation Service of the WtE plant of 500 TPD (average) in one location for a period of minimum 12000 hours in two continuous years for the technology proposed. Category 2 (i) If the Bidder has only designed, engineered, procured, supplied, and supervised commissioning of WtE Plant as detailed in Category 1 (i), then he shall associate with an Organization who has the experience in successful execution of at least one (1) number of the WtE plant of minimum 1000TPD capacity in one location. Waste to Energy Project at Deonar Page iii Instructions to Tenderers

(ii) And Bidder should have experience in Operation Service as detailed in Category 1 (ii). In case the Bidder does not have the requisite experience, then the Bidder shall associate with another firm who has the experience in the Operation Service as indicated in Category -1 (ii). Category 3 (i) (ii) Bidder is an Organization who has successfully executed at least one (1) number of WtE Plant of minimum 1000 TPD capacity in one location in collaboration/association, with another firm who has design, engineering, procurement, supply and supervised commissioning WtE Plant as detailed in category 1(i). And Bidder should have experience in Operation Service as detailed in category 1 (ii). In case the Bidder does not have the requisite experience, then the Bidder shall associate with another firm who has the experience in the Operation Service as indicated in category -1 (ii). (i) (ii) (iii) (iv) Average Annual Turnover of the Bidder/Joint Venture (JV) partners in the preceding three (3) financial years shall not be less than Rs. 600 Crores or equivalent. In case of Joint Venture: a. Rs.300 crores or equivalent b. The remaining JV individual annual turnover shall be not less than Rs. 100 Crores or equivalent and c. Rs. 600 Crores or equivalent In case where audited results for the last preceding financial year is not available, certification of the financial statements from a practicing Chartered Accountant will be considered. The net worth of the Bidder (Single Party)/ lead partner of JV as on the last date of the preceding financial year should not be less that Rs. 150 Crores or equivalent. 5. In case of JV, the individual JV partner propose to undertake a section of work shall meet the related qualification criteria as detailed above, i.e., partner undertaking plant execution shall meet the qualification criteria for execution. Similarly partner undertaking Operation Service of the plant shall meet the qualification criteria for Operation Service. 6. Proto type or Demo Plant shall not be considered 7. Bidder should offer the Proven Technology for which it meets the qualification criteria. Distributed Control System (DCS)/Programmable Logic Controller (PLC) shall be sourced from reputed vendors who have supplied for the reference WtE plant given by the Bidder. 8. Association of two or three partners applying for pre-qualification as per Category (2) or (3) shall only be through Joint Venture (JV). Waste to Energy Project at Deonar Page iv Instructions to Tenderers

9. Joint Venture (JV) of maximum 3 firms is allowed for this tender. The Lead Partner shall have a minimum of 51% shares in the JV formed. 10. Joint Venture Agreement entered shall be valid till the end of the Contract Period including Operation Service Period. The Lead Partner shall indicate clearly their role and responsibility. The Lead Partner along with the other JV partners shall enter into an agreement with their roles and responsibilities clearly specified for the duration of the contract period and submit it along with the Bid. The JV shall be jointly and severally responsible for the execution of the Contract. 11. All equipment/instrument/systems being offered by Bidder shall have proven track record for a minimum of 1(one) year in commercial operation in similar type of applications, not necessarily from Waste to Energy (WtE) projects. 12. MCGM shall have right to demand user certificate if it so desires, and failure to submit user certificate may prevent Bidder/Contractor to offer that particular equipment/instrument/system. In such a case, Bidder/Contractor shall offer suitable alternative meeting the proveness requirement without any cost/any other contractual implication to MCGM. 13. The Bidder shall not have a conflict of Interest Bidder shall Conflict of Interest Bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified. A Bidder shall be deemed to have a Conflict of Interest that affects the Bidding Process, if: (i) the Bidder, its Member or Associate (or any constituent thereof) and any other Applicant, its Member or Associate (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 an Applicant, its Member or an Associate thereof (or any shareholder thereof) having a shareholding of more than 25% (twenty five) percent of the paid up and subscribed share capital of such Applicant, Member or Associate, (as the case may be) in the other Applicant, its Member or Associate is less than 25% (twenty five) percent 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 in section 4A of the Companies Act 1956. For the purposes of this Clause 2.2.1 (c), 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 Subject Person ount 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 share holding on such intermediary; or (ii) A constituent of such Applicant is also a constituent of another Applicant; or Waste to Energy Project at Deonar Page v Instructions to Tenderers

(iii) such Applicant receives or has received any direct or indirect subsidy, grant, concessional loan or subordinated debt from any other Applicant, or any Associate thereof or has provided any such subsidy, grant, concessional loan or subordinated debt to any other Applicant, its Member or any Associate thereof; or (iv) Such Applicant has the same legal representative for purposes of this Application as any other Applicant; or (v) Such Applicant, or any Associate thereof has a relationship with another Applicant, or any Associate thereof, directly or through common third party/ parties, that puts either influence the Application of either or each other; or (vi) Such Applicant, or any Associate thereof has participated as a consultant to the Authority in the preparation of any documents, design or technical specifications of the Project. 14. Bidder/ Technology Provider who has submitted the bid for this tender shall not associate with another Bidder to submit the bid for the same tender. In such an event, all associated Bidders are deemed to have conflict of interest and shall be disqualified. 15. In case of award to the JV Company, the Lead Partner shall submit the Bank Guarnatee for the Contract Performance Security as per the Contract. 16. For purchasing the Tender documents, the Tenderers will have to get registered with MCGM for the e-tendering process and obtain login credentials to participate in the online Tender process. The details of the same are available on MCGM portal (http://portal.mcgm.gov.in), under Tenders tab. 17. For registration enrolment for digital signature certificates and user manual, please refer to respective links provided in e-tendering tab. Vendors can get digital signature from any one of the Certifying Authorities (CA) licensed by the controller of certifying authorities namely Safe crypt, IDRBT, National Informatics Center, TCS, CUSTOMS, MTNL, GSFC and e-mudhra CA. 18. Tender documents can be freely al. However Bidders submitting their bids in response to the tender shall produce the receipt in original of the payment made along with the bid document. Bidder can make online payment of INR 13400/- plus 5.5% VAT from approved banks through bank gateway under section 19. Tenders must be accompanied by EMD (Earnest Money Deposit) of Indian Rupees 9,00,00,000/- (Rupees Nine Crores Only) which shall be paid online through bank gateway. Contracting firms registered with the Municipal Corporation of Greater Mumbai and those who have paid a Standing Deposit shall also have to pay a fresh EMD for this Tender. 20. e-tenders shall be uploaded as per schedule at Sr. No. 28. Also, two sets of hard copies of Packets A, B & C shall be submitted in sealed envelopes and delivered to the office of Chief Engineer (Solid Waste Management-Project) on or before due date and time of e- Tender submission at the address at Sr.No.25 and during the office hours listed below at Sr. No. 28. 21. Packet A EMD, Fee of Tender Document, and Qualification Submission of the Tender will be opened as per schedule at Sr. No. 28 in the presence of Tendere representatives who choose to attend. Packet A shall contain all duly certified documents in accordance with Appendix B, ITT and as per e-tendering process. 22. Packet Waste to Energy Project at Deonar Page vi Instructions to Tenderers

office of The Chief Engineer (SWM-Project) at the address mentioned below at Sr. No. 25 and as per schedule at Sr. No. 28 (& will be continued on the next working day, if required) choose to attend. The price Packet (Packet C) of the responsive bidders will be opened after the technical evaluation, as per schedule at Sr. No. 28. In the event of the specified date of opening of the Tender being declared as a holiday for the MCGM, the Tender shall be opened on the next working day. Tenderers should note that timing of submission/ opening of the tender shall be considered as per MCGM web time only. 23. A Pre-Tender meeting with the prospective Tenderers will be held as per schedule at Sr. No. 28. Only those Parties who have paid for the Tender Documents will be allowed to attend the meeting by producing the receipt of payment of Tender Fee. A maximum of three representatives from each prospective Tenderer may attend the meeting. 24. The MCGM reserves the right to cancel the e-tenders before submission/opening of e-tenders, to postpone the e-tenders submission/opening dates and to accept/reject any or all e-tenders without assigning any reason thereof at any stage. 25. Interested Tenderers may obtain further information from the below mentioned Contact persons on working days between the hours of 11:00 and 16:00, excluding the 2 nd and 4 th Saturdays of the month, at the office of the Contact Person i.e. Shri. Pundlik Awate Chief Engineer (Solid Waste Management-Project) i/c Mobile No.: +91-9833800407 Shri. Kishor Chaudhari Executive Engineer (Solid Waste Management) New Project Mobile No.: +91-9167725591 Address: Municipal Corporation of Greater Mumbai Office of Chief Engineer (Solid Waste Management-Project), 4th floor, Bai Padmabai Thakkar Marg, Kotwadi, Mahim(Shivaji Park), Mumbai 400016, India, Ph. +91-22- 24320665 newprojectswm.mcgm@gmail.com che.swmproject@mcgm.gov.in MCGM portal: http://portal.mcgm.gov.in 26. All payments under this contract will be in Indian Rupees (INR) only. 27. Original Tender shall be kept valid for a period of 180 calendar days after the Submission Deadline. Waste to Energy Project at Deonar Page vii Instructions to Tenderers

28. The dates and time for uploading e-tender & opening of the e-tender are as under: Event Date Day Time Publishing Tender 25-10-2016 Tuesday 11:00 Hrs Pre-Bid Meeting 25-11-2016 Friday 15:00 Hrs Suggestions & Objections reply to be 05-12-2016 15:00 Hrs Monday uploaded Submission of e-tender 05-01-2017 Thursday 15:00 Hrs Packet 06-01-2017 Friday 16:00 Hrs Packet 06-01-2017 Friday 16:00 Hrs Technical evaluation 25-01-2017 Wednesday 15:00 Hrs Packet 06-02-2017 Monday 16:00 Hrs Letter of Intent (LOI) a per Clause number 49 of ITT Letter of Acceptance (LOA) a per Clause number 49 of ITT 29. If a Tenderer is found indicating the prices in the tender documents submitted in Packet A and Packet B, such Tenderer shall be disqualified and will not be considered for further evaluation. 30. Future addendum/ Corrigendum if any will be published on MCGM Portal only Pre-Tender meeting will be held in the Conference Room, 3rd Floor, Municipal Head Office, MCGM on the date and time shown above. If there are any changes in the dates the same will be displayed on the MCGM Portal: http://portal.mcgm.gov.in Sd/- Chief Engineer (SWM Project) MCGM Waste to Energy Project at Deonar Page viii Instructions to Tenderers