CORRIGENDUM 1 RFP for selection of Development Partners for setting up of Municipal Solid Waste (MSW) to Energy Processing Facility in Ongole and Rajahmundry, Andhra Pradesh Request for Proposal SL No. Reference Original Clause Revised Clause 1 Clause 3.2.1 - Page No.13 of RFP The Bidder shall implement Mass Incineration technology for the waste to energy conversion project in compliance with MSW Rules 2016 and any amendments/ revision thereto till date, and shall ensure compliance with the judgement of the Honorary National Green Tribunal (NGT) pronounced on 22.12.2016, or any other rules in force at the time of Bid submission and as amended from time to time The Bidder shall implement Mass Incineration with pre-segregated MSW technology for the waste to energy conversion project in compliance with MSW Rules 2016 and any amendments/ revision thereto till date, and shall ensure compliance with the judgement of the Honorary National Green Tribunal (NGT) pronounced on 22.12.2016, or any other rules in force at the time of Bid submission and as amended from time to time 2 Clause 4.22.4 (a) - Page No. 33 of RFP Performance Security during construction: Successful Bidders, selected by the Authorized Representative, based on this RFP shall form a SPV and submit Construction Performance Security in the form of a bank guarantee in favour of the Lead ULB for a value of INR 50,00,000 per MW of Quoted Capacity (INR Fifty Lakhs per MW) for each Project within 30 (thirty) days of issuance of Letter of Award and before signing the... Performance Security during construction: Successful Bidders, selected by the Authorized Representative, based on this RFP shall form a SPV and submit Construction Performance Security in the form of a bank guarantee in favour of the Lead ULB for a value of INR 50,00,000 per MW of Quoted Capacity (INR Fifty Lakhs per MW) for each Project within 11 (eleven) days of issuance of Letter of Award and before signing the... Page 1 of 6
3 Clause 5.2.1 (b) - Page No. 41 of RFP The scope of the project is Waste to Energy Processing where MSW is processed by the Proposed Technology (Mass Incineration) and Scientific Landfilling of the processed waste is carried out in the most environment friendly manner. The scope of the project is Waste to Energy Processing where MSW is processed by the Proposed Technology (Mass Incineration with pre-segregated MSW) and Scientific Landfilling of the processed waste is carried out in the most environment friendly manner. 4 Clause 6.3.1 Page No. 48 0f RFP However, the APDISCOMs on mutual agreement with the Participating ULBs can adjust the Payable Tariff in the first Financial Year before signing of the Power Purchase in the following ways: As the scope of Scientific Landfilling is included in the Developer s scope of work, the Payable Tariff in the first Financial Year shall be adjusted before signing of the Power Purchase in the following way: Payable Tariff FY1 (T 1) Scenario Payable Tariff FY1 (T 1) Scenario A + B + Minimum of (C, C ) Scientific Landfilling included in the Developer s scope of work & Land leased out at a value calculated according to G.O. 571 A + B + Minimum of (C, C ) Scientific Landfilling included in the Developer s scope of work & Land leased out at a value calculated according to G.O. 571 A + B Scientific Landfilling included in the Developer s scope of work & Land leased out at a nominal rate of Re. 1/acre per annum A + Minimum of (C, C ) Scientific Landfilling excluded from the Developer s scope of work and Land leased out at a value calculated according to G.O. 571 A Scientific Landfilling excluded from the Developer s scope of work & Page 2 of 6
Land leased out at a nominal rate of Re. 1/acre per annum SL No. Reference Original Clause Revised Clause 1 - Page No. 13 of Consession After evaluation of the Bids received, the Authorized Representative had accepted the Bid of the {Selected Bidder /Consortium} and issued its Letter of Award No. [ ] dated [ ] to the Selected Bidder /Consortium requiring the forming of a Special Purpose Vehicle (SPV), hereby referred to as the aire and executing this within 30 days of the date of Letter of Award. After evaluation of the Bids received, the Authorized Representative had accepted the Bid of the {Selected Bidder /Consortium} and issued its Letter of Award No. [ ] dated [ ] to the Selected Bidder /Consortium requiring the forming of a Special Purpose Vehicle (SPV), hereby referred to as the aire and executing this within 11 days of the date of Letter of Award. 2 Definition of or - Page No. 15 of Aagreement means this, its Recitals, the Schedules hereto and any amendments thereto made in accordance with the provisions contained in this signed within 30 days of the Letter of Award means this, its Recitals, the Schedules hereto and any amendments thereto made in accordance with the provisions contained in this signed within 11 days of the Letter of Award Page 3 of 6
3 Definition of Processing - Page No. 23 of processing of MSW by which it is transformed into new or recycled products by using Incineration/ Mass Burn technology in accordance to the standards set forth in the Background Documents, MSW Rules 2016 and Applicable Law processing of MSW by which it is transformed into new or recycled products by using Mass Incineration with pre-segregated MSW technology in accordance to the standards set forth in the Background Documents, MSW Rules 2016 and Applicable Law 4 Clause 2.2 - Proposed Technology - Page No. 33 of The Participating ULBs desires that its MSW management system shall be a model system for the Country, which would scientifically collect, transport, process and dispose of MSW, have maximum recycling and recovery, and create public awareness. Without prejudice to the generality of the foregoing, aire shall develop the Project Facilities using Mass Incineration/ Mass Burn technology that it had proposed in its Bid to the RFP, adhering to MSW Rules, 2016 and any amendments/ revision thereto till date and in accordance with terms of this and Applicable Law (the Proposed Technology ) which ensures: The Participating ULBs desires that its MSW management system shall be a model system for the Country, which would scientifically collect, transport, process and dispose of MSW, have maximum recycling and recovery, and create public awareness. Without prejudice to the generality of the foregoing, aire shall develop the Project Facilities using Mass Incineration with pre-segregated MSW technology that it had proposed in its Bid to the RFP, adhering to MSW Rules, 2016 and any amendments/ revision thereto till date and in accordance with terms of this and Applicable Law (the Proposed Technology ) which ensures: 5 Clause 5.1 Project Completion Schedule - Page 146 of Aagreement 6 Clause 6 - Obligations of Participating ULBs Scheduled COD would be 28 months from the date of signing. Scheduled COD would be 14 months from the date of signing. Addition of new sub-clause: 6.1.2 (g) The Participating ULBs shall be solely responsible for supply of assured quantity of segregated MSW to the Project Site in line with MSW Rules 2016, judgement of honorary National Green Tribunal and any other applicable law. Page 4 of 6
7 Clause 9.1.1 - Page No. 54 of The aire shall, for due and punctual performance of its obligations during the Construction Period hereunder relating to the Project, deliver to the Lead ULB, one bank guarantee from a scheduled bank in the form as set out in Schedule 3., for a sum of Rs. 50,00,000 per of Contracted Capacity (Rupees Fifty Lakhs per MW). The Construction Performance Security in the form of performance bank guarantees has to be furnished by the aire within 30 (thirty) days of issuance of Letter of Award and before signing the and the Construction Performance Security shall remain valid for a period of 120 days over and above the date of COD... The aire shall, for due and punctual performance of its obligations during the Construction Period hereunder relating to the Project, deliver to the Lead ULB, one bank guarantee from a scheduled bank in the form as set out in Schedule 3., for a sum of Rs. 50,00,000 per of Contracted Capacity (Rupees Fifty Lakhs per MW). The Construction Performance Security in the form of performance bank guarantees has to be furnished by the aire within 11 (eleven) days of issuance of Letter of Award and before signing the and the Construction Performance Security shall remain valid for a period of 120 days over and above the date of COD... 8 Clause 22.1.1 - Financial Closure The aire hereby agrees and undertakes that it shall achieve Financial Close within 8 (eight) months from the date of this and in the event of delay, it shall be entitled to a further period not exceeding 30 (thirty) days, subject to payment of Damages to the Lead ULB in a sum calculated at the rate of 0.2% (zero point two per cent) of the Construction Performance Security for each day of delay, or for a further period not exceeding 100 (one hundred) days, subject to payment of Damages specified in Clause 4.2; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 8 (eight) months shall be granted only to the extent of Damages so paid... The aire hereby agrees and undertakes that it shall achieve Financial Close within 6 (six) months from the date of this and in the event of delay, it shall be entitled to a further period not exceeding 30 (thirty) days, subject to payment of Damages to the Lead ULB in a sum calculated at the rate of 0.2% (zero point two per cent) of the Construction Performance Security for each day of delay, or for a further period not exceeding 100 (one hundred) days, subject to payment of Damages specified in Clause 4.2; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 6 (six) months shall be granted only to the extent of Damages so paid... Page 5 of 6
9 Clause 28.1.2 (d) (d) the aire has failed to achieve COD within 28 (twenty eight) months from the day of signing the ; (d) the aire has failed to achieve COD within 14 (fourteen) months from the day of signing the ; Background Documents SL No. Reference Original Clause Revised Clause 1 Point - 3 - Value of lease rental for the proposed location of WtE Plant - Page no.3 of Background Documents Basic Value of Land (in Rs. Lakhs/acre): Ongole - Rs. 50 Lakhs/acre Rajahmundry - Rs. 50 Lakhs/acre Basic Value of Land (in Rs. Lakhs/acre): Ongole - Rs. 15 Lakhs/acre Rajahmundry - Rs. 15 Lakhs/acre Note: These values are liable to change based on the location of the site 2 Point - 5 - Computation of C' - Page No.4 of Background Documents Basic Value of Land (in Rs. Lakhs/acre) considered for calculation of C': Ongole - Rs. 50 Lakhs/acre Rajahmundry - Rs. 50 Lakhs/acre Basic Value of Land (in Rs. Lakhs/acre) to be considered for calculation of C': Ongole - Rs. 15 Lakhs/acre Rajahmundry - Rs. 15 Lakhs/acre Note: These values are liable to change based on the location of the site Page 6 of 6