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    Paradeep Municipality National Competitive Bidding Design-Build-Operate & Transfer Integrated Solid Waste Management Project for the City of Paradeep in the State of Odisha, India

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    Paradeep Municipality National Competitive Bidding Design-Build-Operate & Transfer Integrated Solid Waste Management Project For The City of Paradeep in The State of Odisha, India

    Uploaded by

    Hina Abrar

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    © All Rights Reserved
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    National Competitive Bidding Design-Build- Operate & Transfer Integrated Solid Waste Management Project for the City of Paradeep in the State of Odisha, India (Package No.-1CZM/W/PH/34) August 2016 By INTEGRATED COASTAL ZONE MANAGEMENT PROJECT STATE PROJECT MANAGEMENT UNIT, ODISHA ON BEHALF OF Paradeep Municipality, Paradeep, Jagatsinghpur,Odisha INSTRUCTIONS TO BIDDERS SECTION ~ 1: INTRODUCTION aa 12 13 14 15 SECTION ~ 2: THE BIDDING DOCUMENTS 23 22 23 24 25 26 27 28 SECTION ~ 3 : PREPARATION OF BIDS ‘SECTION 4: SUBMISSION OF BIDS a1 a2 43 44 SECTION ~5: BID OPENING AND EVALUATION sa 52 53 5a 5S 56 ST 58 SECTION~ 6 : AWARD OF CONTRACT 61 62 63 64 6s 66 0 Table of Contents Eligible Materials, Equipment, and Services. Inspection and Audit. Cost of Bidding. Content of Bidding Documents «rune Clarification of Bidding Documents. Site Visit. Data Room and Background Information. Pre-Bid Meeting.. ‘Amendment of Bidding Documents. Contact with the Owner For the Purpose of Clarification Information Provided by the Owner/Bidders Due Diligence. Timetable. Language of Bid . Documents Comprising the Bid Technical Section ~ Part I~ Technical and Staffing informatio Technical Section ~ Part it~ Bid SECUTIYwrnnsnnerimnsnr Technical Section — Part Ill— Bid Form and Qualification information. ‘Technical Section ~ Part IV - Joint Venture Oocuments and Requirements Technical Section — Part V~ Power of Attorney surinnowe Technical Section ~ Part Vi ~ Commissions and Gratuities. Technical Section ~ Part Vil~ Pre-Printed Literature. Financial Section ~Price Schedules Financial Section — Bid Prices... Financial Section ~ Bid Currencies. Bidding of Aitematives not to be considered. Period of Validity of Bid... Sealing and Marking of Bids.. Deadline for Submission of Bi Late Bids. ‘Modification and Withdrawal of Bids. Opening of Bid by Owner. Clarification of Bids. Preliminary Examination of Bids.. Conversion to Single Currency.. Technical Evaluation. Price Evaluation and Comparison of Bids Qualification of the Bidder Contacting the Owner. ‘Award Criteria. ‘Owner's Right to Acceptor Reject and Waive regulates. Notification of Award... i ‘Signing the Form of Contract. Performance Security. WW Tet ‘id Document for Integrated Sold Waste Management Proc In Paradeep, Casha on DBOT Bass 6.7 Adjudicator. 40 68 — Fraud and Corruption 40 APPENDIX TO ITB: QUALIFICATION CRITERIA 43 11 General. AA 21 Qualification Criteria. 46 23 Lead Partner seen AT Bid Data Sheet 48 3 nm n " 74 74 ANNEX A to the Bidding Documents - Forms ANNEX B TO THE BIDDING DOCUMENT FORM OF CONTRACT ARTICLE 1 - CONTRACT DOCUMENTS: ua 12 13 ARTICLE 2 - OPERATOR'S COMPENSATION AND TERMS OF PAYMENT a 21 Operator's Compensation ... 2.2 Terms of Payment. [ARTICLE 3 - EFFECTIVE DATE AND STARTING DATES 3.1 Effective Date and Starting Date GENERAL CONDITIONS OF CONTRACT ARTICLE 1 - CONTRACT AND INTERPRETATION. 1.1 Definitions 12 13 14 15 16 Settlement of Disputes... 1.7 Assignment 118 Contract Records, Accounting and Auditing.. 19 Operator's Claims During the Design-Build Period. ARTICLE 2 - CONTRACT TERM, TIMING AND COMPLETION 24 General 22 Design-Build Period and Operations Period 23 Design Bul Period ~ Commencement, Delays and Suspension 24 Operations Period... ARTICLE 3 - OBLIGATIONS OF THE OPERATOR 3.1 General - Services and Standards of Performance 3.2 Law Governing Services.. 33 Conflict of interest 3.4 Plant and Equipment, Operator's Equipment (Design-Build) and Operation (Operations) nnn 35 Site Information and Investigation. 3.6 Access to the Site and Facility. ARTICLE 4 - OBLIGATIONS OF THE CWNER 4.1 Owner's Assistance to the Operator. 42 Access to the Site and Facility 4.3 __ Reviews and Approvals of Submissions ARTICLE 5 - CONTRACT PRICE AND PAYMENT. S.A Contract PrIC@ vnnnnnenn 5.2 Terms of Payment 5.3 Performance Incentive Compensation. 5.4 Uguidtes Damages - Operations 58 Securities 5.6 Taxes and Outies.. 7 es ‘ ARTICLE 6 - COPYRIGHT ~ DESIGN-BUILD DOCUMENTS 24 6.1 Copyright ~ Design-Build Documents... 6.2 Confidentiality ARTICLE 7- CONTRACT ADMINISTRATION AND SUPERVISION DURING THE DESIGN-BUILD AND. (OPERATIONS PERIODS 26 wo Page & Bid Document for integrated Sold Waste Managoment Project In Paradeep,Osisha on DBOT Basis 7A General 72 Design-Build Super sion vnsnn 73 __ Operations Supervision ARTICLE 8 - REPRESENTATIVES, STAFF AND SUBCONTRACTING 8.1 Representatives. 82 Operator's Superintendent... 83 Operator's Personnel. 8.4 Replacement of Operator's Personnel 85 enisting Staff 8.6 Subcontractors. ARTICLE 9 - LIABILITY AND RISK DISTRIBUTION 9.1 Defect Liability 9.2 Limitation of Liability 93 Transfer of Ownership and Existing Equipment and Materials 94 Cate ofthe site and Facility. 8.5 Indemnification. 9.6 —Insurance.. 9.7 Unforeseeable Physical Condition 98 Force Majeure... : 99 War Risks 9.10. Changein Laws and Regulations 9.11 Patent indemnity. 9.12 Functional Guarantees. i : [ARTICLE 10 - CHANGE IN CONTRACT ELEMENTS “4 30.1 Change to the Design-Build Services 10.2 _ Change to the Operations ServiC2S..nun eee ARTICLE 11 - SUSPENSION AND TERMINATION «6 311 Suspension 112 Termination. APPENDIX 1: SPECIAL CONDITION OF CONTRACT ‘APPENDIX 2: TERMS AND PROCEDURES OF PAYMENT ARTICLE 1 Terms of Payment 14 General 2.2 Payment during the Design-Build Period 1.3 _ Payment during the Operation Period. APPENDIX 3A: DESIGN-BUILD SERVICES APPENDIX ARTICLE 1 GENERAL 11 Description of Design-Build Services 12 __ Supplementing the General Conditions. ARTICLE 2- DESIGN SERVICES 21 General 22 Design Responsibilities ~ Of Site Issues. 23. Design Responsibilities ~ On Site Issues 24 Landfill Cell Layout and Filing Sequen 25 Designation of Landfill OnSite Areas for Other Uses... i 26 Surface and Ground Water Management... oes 2.7 Site Administrative Faciity : 28 _ Other Design Responsibilities ARTICLE 3 - BUILDING AND CONSTRUCTION SERVICES. 31 General 3.2 Procurement and Transportation, 3.3 Bullding Responsibilities. ARTICLE 4 - EXISTING FACILITY OPERATIONS (DELETED) ARTICLE 5 - TEST AND INSPECTION 5.1 Tests and Inspection... ARTICLE 6 - COMPLETION OF THE FACILITY 6. Monthly Progress Notice 62 Completion . ARTICLE 7 - COMMISSIONING AND OPERATIONAL ACCEPTANCE Bid Document for integrated Solid Waste Management Projectin Paradeep, Odsha on DBOT Basis 73 __ Operational Acceptance enon ARTICLE 8 - REPORTING DURING THE DESIGN-BUILD PERIOD 8.1 Design-Build Progress Reports. APPENDIX 3B: OPERATIONS SERVICES APPENDIX ARTICLE 1 - INTERPRETATION 1.1 Definitions 1.2 Supplementing the General Conditions.. st ARTICLE 2 - OVERALL DESCRIPTION OF SERVICES AND REQUIREMENTS FOR PLANS, PROGRAMS. ‘AND REPORTS 2.1 Overall Description of Services to be Provided by the Operator. 2.2 __ General Provisions Applicable to Plans and Program nese ARTICLE 3 - OPERATIONS START-UP PLANS AND PROGRAMS 3.1 Operations Start-up Plan - General 3.2 Sampling and Monitoring Program .. 3.3. Scavenging Management Program.. 3.4 Occupational Health and Safety Program. 3.5 Source Separation Program. 3.6 Environmental Management and Mitigation Plan . 3.7 Maintenance Management Program 3.8 Financial Management and Customer Services information Systems Program. 3.9 Community Liaison and Public Information Program. 3.10 Materials Management Plan [ARTICLE 4 - OPERATIONS PLAN/PROGRAM. 4.1 Operations Plan/Program ~ General . 42 Operations Plan.. 43 Standard Operating Procedures. 4.4 Operations and Maintenance Manuals.. 45 Closure and Rehabilitation Plan... 46 Transition PlaM sernennsnsnee ARTICLE 5 - ASSET MANAGEMENT PROGRAM 5.1 Asset Management Program — General 5.2 Mid-Term and Final Condition SUrVeYS..nnesnn 5.3. Asset Remediation Plans een eanennenn [ARTICLE 6 - ANNUAL DATA REPORT 6.1 Annual Data Report. ARTICLE 7 - GENERAL SERVICES 7.1 Procurement - Contingency Fund (deleted) 7.2 User Charges and Revenue Generation.. 7.3 New Technologies, Regulatory Matters and Corporate Communications 7.4 Financial, Administrative and Regulatory Management... ARTICLE 8 - SOLID WASTE DISPOSAL OPERATIONS. 8.1 Inventory Management. 8.2 __ General Solid Waste Processing Facility and Disposal Facility Operation Services ARTICLE 9 - MAINTENANCE OF THE FACILITY AND EQUIPMENT 9.1 General Maintenance Services... ARTICLE 10 - REPAIR, REPLACEMENT AND REHABILITATION, CONTINGENCY AND CAPITAL INVESTMENT PROGRAM 10.1 Repair, Replacement and Rehabilitation and Contingency. 10.2 Capital investment Program... ARTICLE 11 - FINANCIAL MANAGEMENT AND CUSTOMER SERVICE 11.1 Customer Services and Financial Management Services. 11.2 _ Collection and Handling of Revenues. ARTICLE 12 - QUARTERLY AND ANNUAL REPORTS. 12.1 Monthly Reports. 122 Annual Report... ‘APPENDIX 3C: TECHNICAL STANDARDS APPENDIX ARTICLE 1 - GENERAL ~~ Tee ‘Bid Document for Integr 1.1 Documents Comprising the Technical Standards Appendi 1.2 __ Supplementing the General Conditions and Design-Build or Operating Services Appen [ARTICLE 2 - THE TECHNICAL STANDARDS CHART 2.1 Design-Build or Operations Services Appendix Description. 2.2 General Quality Standards.n.u.nns 23 _ Design-Build Services. ‘APPENDIX 4: SITE APPENDIX GENERAL 11 Sit a 1.2 __ Site appreciation... APPENDIX 5: SERVICE AREA APPENDIX ARTICLE 1 - general 1.1 Service Area APPENDIX 6: CONTRACT PRICE ADJUSTMENT APPENDIX 3.1 CONTRACT PRICE ADJUSTMENT. ‘APPENDIX 7: INCENTIVE COMPENSATION APPENDIX ‘APPENDIX 8: LIQUIDATED DAMAGES - OPERATIONS SECTION 1 - GENERAL 1.1 Operator's Acknowledgements. 1.2 __ Definition of Damages... 13. _NoWaiver. ‘SECTION 2 - CALCULATION OF LIQUIDATED DAMAGES 2.1 Calculation for Breach of Technical Standards. APPENDIX 9: EXISTING STAFF APPENDIX ‘APPENDIX 10: OPERATOR'S EXPERTISE APPENDIX ‘APPENDIX 11: FORM OF PERFORMANCE SECURITY ‘APPENDIX 13: ADDENDA TO THE DOCUMENTS LISTED IN ITB SECTION 2.1(A) TO (6), IF ANY ARE ISSUED BY THE OWNER 281 APPENDIX 14: OPERATOR'S BID 282 Bid Document fr Integrated Solid Waste Management Project in Paradeeo, Odisha on D8OT Basis INTEGRATED COASTAL ZONE MANAGEMENT PROJECT-PARADEEP SOLID WASTE MANAGEMENT PROJECT Booine DocuMens FORA CONTRACT ‘To Desicn, BUILD, OPERATE AND TRANSFER INTEGRATED SOLID WASTE MANAGEMENT FACILITY AT PARADEEP ‘August 2016 ‘Annex A instructions to Biers (78) Page? gb Bid Document for Integrated Solid Waste Management Projet in Paradeep, Ocha on DEOT Basis Invitation for Bids ‘Conrract To DESIGN, BUILD, OPERATE & TRANSFER INTEGRATED SOLID WASTE MANAGEMENT FACILITY AT PARADEEP_ ‘Annex As istuctions to Bers (78) Pages senna aed an nse inane a we INVITATION FOR BID (NCB) This Invitation for Bids follows the General Procurement Notice for this Project that was published in UNDB online, Issue # 774 of April 30, 2010 2. The Government of India has received a credit of US$ 222 million from the International Development Association towards the cost of integrated Coastal Zone Management Project, (ICZMP) and intends to apply a part of the proceeds towards payments under the contract for work detailed below. 3. Bidding will be conducted through the National Competitive Bidding (NCB) procedures specified in the World Bank's Guidelines: Procurement of Goods, Works and Non-consulting Services under IBRD Loans and IDA Credits & Gronts, January 2011, revised August 2014 and is open to all eligible bidders as defined in the Guidelines, in addition, please refer to paragraphs 1.6 and 1.7 of the Guidelines setting forth the World Bank's policy on conflict of interest. 4, The Project Director, State Project Management Unit, Odisha, on behalf of the Executive Officer, Paradeep Municipality invites sealed bids from eligible bidders for the works detailed In the table below. The bidders may submit bids for the following work as per Instructions to Bidders and the Appendix thereto. ‘Name of the Work | Implementation of Integrated Municipal Solid Waste Management Project at Paradeep on Design, Build, Operate and Transfer (DBOT) basis with provision of Door-to-Door Collection, Street Sweeping (including mechanical street weeping), Transportation, Treatment and Disposal of Municipal Solid Waste in Service Area of Paradeep ‘Municipality. ‘Scope of Work | 1. Door-to-Door Collection and transportation of Municipal Solid Waste (MSW) to Disposal Site including procurement and commissioning of equipment and vehicles for Door to Door Collection, Secondary Storage and Transportation of MSW. 2. Mechanical and Manual Street Sweeping of designated roads in the service area of Paradeep Municipality. 3. Design, Build, Testing, Commissioning of 40 TPD capacity MSW Processing Plant and O8M for 21 years. 4, Design, Build, Testing, Commissioning, of Municipal Solid Waste Landfill Facility (MSWLF) within 15 months followed by O&M for 21 years and subsequent transfer to Owner. 5. Post closure care for a period of 15 years. Bid Security INR 31,00,000 Cost oF Bidding | Rs.5,250 Including VAT (non-refundable) Document Bid Document fr integrated Solid Waste Management Projet in Paradeep, Oda on DBOT Bast 5. Qualification requirements as listed briefly below are required to be fulfilled by the bidder. [Bidders are advised to refer to the Bidding documents for complete detoils.) A. Technical ‘The Bidder shall provide evidence that during 5 years preceding the bid submission: {@) Bidder or its nominated sub-contractor has satisfactorily provided services for door-to- door collection and transportation of municipal solid waste, for at least 3 Years averaging to 30 TPD OR covering a population of 1 lakh (under a single contract); and {b) (i) Bidder has satisfactorily completed construction and 2 years of operation of at least ‘one municipal solid waste treatment facility of 30 TPO capacity; and {W) Bidder or its nominated sub-contractor should have satisfactorily completed construction and 2 years of operation of at least one municipal solid waste ‘treatment facility of 30 TPD capacity using the same treatment process as proposed in the bid; and (€) Bidder has satisfactorily completed construction and 2 years of operation of at least one solid waste disposal facility of capacity of 30 TPD. B. Financial: ‘thas generated average annual turnover greater than INR 400 million during the last three financial years. It shall submit along with the bid a banker's certificate in prescribed form that it has cash credit facility equivalent to minimum INR 80 million for the purpose of this bid. 6. Interested eligible bidders may obtain further information from Project Director, ICZM Project, Odisha, 108, Surya Nagar, 2nd Floor, Unit-Vil, Bhubaneswar -751003, Odisha/Office of ‘the Executive Officer, Paradeep Municipality and inspect the Bidding Documents, during office hours i.e. 10.30 to 1700 hours. 7. Apre-bid meeting will be held on a date as indicated in the Data Sheet to clarify the issues and to answer questions on any matter that may be raised at that stage as stated in ITB Clause 2.5 of ‘Instructions to Bidders’ of the bidding document. 8. A complete set of bidding documents will be available on the ICZMP-Odisha Project website {htto://www.iczmpodisha.org] w.e.f. 30.08.2016. The bidders who are interested to participate in the bidding process can either download the bid documents from the website or purchase the same from Project Director, ICZM Project-Odisha for preparation and submission of bid, The download facility will be available from Dt 30.08.2016 to 17.10.2016 up to 17.00 Hours. 9. Acomplete set of Bidding Documents in English may be purchased by interested bidders on the submission of a written Application to the address below and upon payment of a non- refundable fee as mentioned above in shape of Demand Draft on any Scheduled bank payable at Bhubaneswar in favor of Project Director, ICZM Project-Odisha or in cash in Indian Rupees. The Project Director, ICZM Project will not be held responsible for the postal delay if any, in the delivery of the documents or non-receipt of the same. ia ‘Annex Ar instructions to Beers (TB) Page 10 Bid Document for Intenrated Solid Waste Management Project dee, Odisha on DBOT Bass In case the Bidder downloads the Bidding Document from the website, it is not required to make payment towards its price, while submitting the bid. (@) Price of bidding document _: Rs.5, 250 including VAT (Non-refundable) {d)_Dateof commencement of |: 30/08/2016 sale of bidding document (e) Last date for sale of + 17/10/2016 Bidding document () Last date and time for + 18/10/2016 upto 11.30 Hrs Receipt of bids (e) Time and date of + 18/10/2016 at 12.00 Hrs Opening of bids {h) Place of opening of bids + Project Director, ICZM Project-Odisha Plot # 108, Unit - Vi, ‘Suryanagar, Bhubaneswar-751 003 () Address for Communication _: Project Director, ICZM Project-Odisha Plot # 108, Unit Vil, Suryanagar, Bhubaneswar-751 003 10. The bidders may also note that the pre-bid proceedings and corrigendum to bidding documents if any will also be uploaded on the website http://www.iczmpodisha.org, 11. All bids must be accompanied by Bid Security of the amount specified in the table above, drawn in favour of The Project Director, ICZM Project, Odisha 12. Bids must be delivered to the address below on or before the schedule mentioned above. Electronic bidding will not be permitted. Late bids will be rejected. Bids will be opened in the presence of the bidders’ representatives who choose to attend in person at the address given. below at schedule of opening mentioned above. All bids must be accompanied by a Bid Security ‘as mentioned in the table in Para 4 above. 13, The address (es) referred to above Project Director, ICZMP-Odisha 108, Surya Nagar, 2nd Floor, Unit-Vil Bhubaneswar -751003, Odisha, India Ph No.: 0674-2397920, 0674-2397930 Facsimile: 0674-2397965 Web: www. iczmpodisha.org: ‘Annex A: instructions to Biers (TB) Page 11 ‘Bid Docurent for Integrated Sold Waste Management Project in Paradeep, Odisha on DBCT Basi, INTEGRATED COASTAL ZONE MANAGEMENT PROJECT PARADEEP SOLID WASTE MANAGEMENT PROJECT InsTRUCTION TO BIDDERS FOR A CONTRACT TO. DESIGN, BUILD, OPERATE AND TRANSFER INTEGRATED SOLID WASTE MANAGEMENT FACILITY AT PARADEEP ‘Annex: instructions to Biers (TB) Page 32 Bid Document for integrated Sold Waste Management Project in Paradeep, Ocha on D8OT Bass INSTRUCTIONS TO BIDDERS SECTION — 1: INTRODUCTION 1a it) 2 Source of Funds & Scope of work ‘The Government of India (Borrower) has received a credit (hereafter called “loan”) from ‘the International Development Association (hereafter interchangeably called “the Bank”) toward the cost of Integrated Coastal Zone Management Project. The loan will be used toward the cost of the Project named in the Bid Data Sheet. The Borrower intends to apply @ portion of the proceeds of this loan to eligible payments under the contract for which these Bidding Documents are Issued. Bidders shall note that the Borrower and the Owner named in the Bid Data Sheet may, in many projects, be the same entity. The Government of Odisha or Paradeep Municipality shall, if required, provide funds from its ‘own resources, for the Operation and maintenance of the facility to meet the contractual payments for this purpose. Payment by the Bank will be made only at the request of the Borrower and upon approval, by the Bank, in accordance with the terms and conditions of the loan agreement, and will be subject in all respects to the terms and conditions of that agreement. The loan agreement prohibits a withdrawal from the loan account for the purpose of any payment to persons or entities, or for any import of Plant and Equipment, if such payment or import, to the knowledge of the Bank, is prohibited by a decision of the United Nations Security Council taken under Chapter Vil of the Charter of the United Nations. No party ‘other than the Borrower shall derive any rights from the loan agreement or have any claim to the loan proceeds. ‘Scope of work: The scope of work is implementation of Integrated Municipal Solid Waste Management Project (ISWMP) at Paradeep on Design, Build, Operate and Transfer (DBOT) basis with provision of Door-to-Door Collection, Street sweeping, Transportation, Treatment and Disposal of Municipal Solid Waste in Municipal Area of Paradeep Municipality and such other adjoining area as may be incorporated within the municipal limit of Paradeep Municipality during the Operations & Maintenance (O & M) period of 21 years. + ‘The various components of proposed project are based on the assessment of the existing deficiencies and mandatory requirement as specified in the MSW Rules 2000. ‘A. Street Sweeping, Collection, Storage and Transportation of MSW: It shall Include (i) Door to door collection of MSW from residential, slums, vegetable/ fruit markets, commercial, institutional, gardens, industrial area, open dumping points, hotels and public places as per provision of Draft Contract. (ii) Collection and transportation of MSW to the Integrated processing and Disposal site inParadeep Removal of waste from the Service Area prior and/or after, in an emergency situation of the Owner such as any public meeting, Government functions and any other occasion, festivals etc., including operations at night, commencing within 2 “Annex As lstrctons to Biers (TB) a Page 13 ‘1d Document for integrated Sold Waste Managernent Project nPacadeep, Osis on DBOT Basis hours on instructions from Project Officer. (iv) Mechanical and manual street sweeping of designated roads (and pavements) in the municipal area of Paradeep Municipality (¥) Collection and transportation of street sweeping waste to the Facility in Paradeep (vi) Provide separate transportation of waste generated from vegetable/ fruit markets and provide such separate fleet as and when required by Owner from time to time for other generators. (vii) Provision of all services in the Service Area in conformity to the provisions of ‘Municipal Solid Waste (Management and Handling) Rules 2000 as amended from time to time, which may be referred to at www.envior.nic.in website of MoEF, Gol. {http://www.moef.nic.in/ sites/default/files/so908.pdf] (vi) Providing manpower for operation and maintenance of the Project. (ix) Providing other facilities inctuding manpower for supervision & monitoring, washing service (%) Plan, organize and run a sustained campaign over the Contract Period for creating community awareness, ensuring its mobilization and soliciting its participation/ cooperation in effective management of the solid waste. 8. Treatment and Disposal of MSW: It shall include (Design, build, testing, commissioning, operation, maintenance, of a MSW Processing facility of minimum 40MT per day expandable by increasing the working hours or scalable to accommodate peak season throughput of MSW throughout the Contract Duration. Bidders may propose technology of their choice in compliance with MSW Rules, 2000; however the technology chosen should result in waste disposed at Municipal Solid Waste Landfill Facility (MSWLF) as measured during @ quarter being limited to a maximum of 25% of the total MSW collected during the quarter; (i) Design, build, testing, commissioning, operation, maintenance, closure and post closure of Landfill Facility in accordance with the MSW Rules, 2000; (tii) Environmental monitoring of the Treatment and Disposal site during the Contract Duration and thereafter for 15 years after the closure of the landfill as per the ‘specification of the MSW Rules, 2000. Post-closure care will Include, among others, “maintaining the integrity and effectiveness of final cover, making repairs and preventing run-on and run off from eroding or otherwise damaging the final cover"; Equipment procurement: It shall include: () Procure all necessary project assets including equipment, vehicles, machineries and others required for the successful execution of the Project as indicated in this document, approved by the Independent Engineer and Project Background Information at the outset; and ensure their timely maintenance, replacement and “Aneex Ar instructions to Bldders (i Page 14 8) “ ‘id Document for integrate Solid Waste Management Projet in Pradeep, Ooi on DBOT Basis fleet augmentation as the case may be during the entire duration of the Contract Duration; (ii) The Operator shall ensure that the operations as defined in this document are provided on all 365 days of a year, starting on or after the Completion of the Facility, ‘over the 0 & M Period. (iil) The operations of the Project shall be managed in accordance with the stipulations of the Odisha Municipal Act, MSW (Management and Handling) Rules, 2000 and any ‘amendments thereto in future as well as in line with the guidelines of the Manual on MSW Management by the Central Public Health and Environmental Engineering Organization (CPEEEO) - Ministry of Urban Development (MOUD). D. Following activities shall not form part of the scope of work of the Operator a) Removal of dead animals b) Collection and transportation of biomedical waste ©) Removal of construction debris and mud earth d) Collection and transportation of E-waste €) Collection and transportation of Industrial waste ) Collection and transportation of Slaughter waster, ‘The Paradeep Municipality has Identified 20 acre land for disposal of MSW which will be made available to the Successful Bidder for establishment of Processing Facility, MSW Landfill Facility (MSWLF), common facilities and any allied works. The selected bidder shall adopt the most appropriate and techno-economically feasible treatment process technology or combination of different treatment process technologies and shall design treatment plant ensuring maximum inert refuse is no more than 25%. The MSW treatment/processing plant and MSWLF shall be designed as per CPHEEO manual and applicable laws. MSW collected from the Service Area shall be exclusive property of Operator. The part of Operations Service cost would be recovered from sale of recyclables and by-products generated while and after treatment /processing of municipal waste, advertisement rights, etc. and the Operator shall be entitled for Contract Price in accordance with the Draft Contract to ensure overall project sustainability. The Contract Price shall be paid to the Operator as per the terms and conditions specified in the Contract. Note: The Scope of Work shall be read in conjunction with the General Conditions Appendix 3A, 3B & 3C. 12 124d Eligible Bidders ‘A bidder may be a firm that is a private entity, a government-owned entity—subject to ITB 1.2.5 — or any combination of such entities in the form of a joint venture (JV) under an existing agreement or with the intent to enter into such an agreement supported by 2 letter of intent. In the case of a joint venture, all members shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the bidding process and, in the —_——— ‘Annex As instructions to Bers (TB) A— Pane 15 (a5 — 122 123 124 {Bid Document for integrated Solid Waste Management Project in Paradeep, Ocha on DBT Basis event the JV is awarded the Contract, during contract execution. Unless specified in the BDS, there is no limit on the number of members in a JV. Bidder shall not have a conflict of interest. Any Bidder found to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest for the Purpose of this bidding process, if the Bidder: {a) directly or indirectly controls, is controlled by or is under common control with another Bidder; or (b) receives or has received any direct or indirect subsidy from another Bidder; or {c)__has the same legal representative as another Bidder; or (4) has a relationship with another Bidder, directly or through common third parties, that puts it in a position to influence the bid of another Bidder, or influence the decisions of the Owner regarding this bidding process; or (e) ites in more than one bid in this bidding process. Participation by a ‘more than one Bid will result in the disqualification of all Bids in which such Bidder is involved. However, this does not limit the inclusion of the ‘same subcontractor in more than one bid; or {f) any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the works that are the subject of the bid; or (6) _any of its affiliates has been hired (or is proposed to be hired) by the Owner or Borrower as Engineer for the Contract implementation; or (h) would be providing goods, works, or non-consulting services resulting from or directly related to consulting services for the preparation or implementation of the project specified in the BDS ITB 1.1 (1) that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under ‘common control with that firm; or (i) has a close business or family relationship with a professional staff of the Borrower (or of the project implementing agency, or of a recipient of a part of the loan) who: (i) are directly or indirectly involved in the preparation of the bidding documents or specifications of the contract, and/or the bid evaluation process of such contract; or (i) would be involved in the implementation or supervision of such contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to the Bank throughout the procurement process and execution of the contract. ‘A Bidder may have the nationality of any country, subject to the restrictions pursuant to ITB 1.2.7. A Bidder shall be deemed to have the nationality of a country if the Bidder is constituted, incorporated or registered in and operates in conformity with the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may bbe. This criterion also shall apply to the determination of the nationality of proposed sub- contractors or sub-consultants for any part of the Contract including related Services. ‘A Bidder that has been sanctioned by the Bank in accordance with the ITB 6.8, including in accordance with the Bank’s Guidelines on Preventing and Combating Corruption in Projects Financed by IBRD Loans and IDA Credits and Grants (“Anti-Corruption ‘Rane A intructions to Beers (TB) Page 16 ‘Bid Document for Integrated Sold Waste Management Project in Paradeep,Odisha on DBOT Basis Guidelines”), shall be ineligible to be prequalified for, bid for, or be awarded a Bank- financed contract or benefit from a Bank-financed contract, financially or otherwise, during such period of time as the Bank shall have determined. The list of debarred firms and individuals is available as specified in the BDS. 1.2.5 Bidders that are Government-owned enterprises or institutions in the Owner's Country may participate only if they can establish that they (i) are legally and financially autonomous (i) ‘operate under commercial law, and (ii) are not dependent agencies of the Owner. To be eligible, a government-owned enterprise or institution shall establish to the Bank's satisfaction, ‘through all relevant documents, including its Charter and other information the Bank may request, that it: (i) isa legal entity separate from the government (i) does not currently receive substantial subsidies or budget support; (ii) operates like any commercial enterprise, and, inter alia is not obliged to pass on its surplus to the government, can acquire rights and liabilities, borrow funds and be Hable for repayment of its debts, and can be declared bankrupt; and (iv) is. not bidding for a contract to be awarded by the department or agency of the government. ‘which under their applicable laws or regulations isthe reporting or supervisory authority of the enterprise or has the ability to exercise influence or control over the enterprise or institution. 1.2.6 A Bidder shall not be under suspension from bidding by the Owner as the result of the operation of a Bid-Securing Declaration. 1.2.7. Firms and individuals may be ineligible if so indicated in Annex A Part (xii) and (a) as a matter of law or official regulations, the Borrower's country prohibits commercial ‘relations with that country, provided that the Bank is satisfied that such exclusion does ot preclude effective competition for the supply of goods or the contracting of works or services required; or (b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter Vil of the Charter of the United Nations, the Borrower's country prohibits any import of goods or contracting of works or services from that country, or any payments to any country, person, or entity in that country. 1.2.8 A Bidder shall provide such evidence of eligibility satisfactory to the Owner, as the Owner shall reasonably request. 1.3. Eligible Materials, Equipment, and Services The materials, equipment and services to be supplied under the Contract and financed by the Bank may have their origin in any country, subject to the restrictions specified in Annex A - Part (04) - Eligible Countries, and all expenditures under the Contract will not contravene such restrictions, At the Owner's request, Bidders may be required to provide evidence of the origin of materials, equipment and services. 1.4 Inspection and Audit ‘The Bank requires compliance with its policy in regard to corrupt and fraudulent practices as set forth in Section 6.8. In further pursuance of this policy, Bidders shall permit and shall cause its agents (whether declared or not), sub-contractors, sub-consultants, service providers, or suppliers ‘and any personnel thereof, to permit the Bank to inspect all accounts, records and other documents relating to any prequalification process, bid submission, and contract performance (in the case of award), and to have them audited by auditors appointed by the Bank. ‘Annex A: rstructons to Béders (TE) —— Paget? re Cais on DBOT Basis 15 Cost of Bidding ‘The Bidder shall bear all costs associated with the preparation and submission of its bid, and the ‘Owner will in no case be responsible for these costs, regardless of the conduct or outcome of the bidding process. Vv ‘Annex As instroctions to Bidders (8) Page 18 Document for integrated Sold Waste Management Project in Paradeep, Osha on DBOT Bass SECTION — 2: THE BIDDING DOCUMENTS 2.1. Content of Bidding Documents ‘The nature of the services, the site and the plant that are to be designed, built, operated and maintained by the bidder, the procedures that are to be followed during the bidding process and the contract terms and technical requirements are prescribed in the Bidding Documents. The Bidding Documents consist of: (2) The Instructions to Bidders (ITB) and Appendix to ITB; {b) the Bid Data Sheet; {c) Annex Ato the Bidding Documents — Forms ()—_Bidder’s Bid Form; (li) Bidder’s Price Schedules; (il) Form of Bid Security; (iv) Form for Clarification Questions; (¥) Declaration Form for Deemed Export benefits (vi) Format of Curriculum Vitae for Proposed Key Staff; (vii) Form for Evidence of Cash Credit Facility (viii) information Forms; (ix) Form of Letter of intent by JV Partners; (x) Form of Power of Attorney for Joint Venture; (id), Form of undertaking by JV Partners; and (ai) List of Eligible Countries (4) Annex B to the Bidding Documents — the contract (the “Draft Contract”) consisting of: ()— Formof Contract; (i) General Conditions of the Contract; and (ill) Appendices to the Contract {e) Addenda to the documents listed in ITB Section 2.1(a) to (4), if any are issued by the ‘Owner. The Invitation for Bids issued by the Owner is not part of the Bidding Documents. 2.1.1 The documents listed in ITB Section2.1(a), (b),(c), (d), and (e) are collectively the “Bidding Documents”. 2.1.2 Each Bidder shall examine all instructions, terms and conditions, forms, specifications and ‘other information contained in the Bidding Documents. If the Bidder, (i) fails to provide all documentation and information required by the Bidding Documents; or {ii) submits a Bid which is not substantially responsive to the terms and conditions of the Bidding Documents, such acti at the Bidder’s risk and the Owner ma mine that the Bid responsive to the Bidding Documents and may reject it. ort “Annex Ainstrutons to Biers (TB) cy (2) 3) a) (2) Q roy Bid Document for imegrate Solid Waste Management Project in Paradeep, Oca on DBCT Basis Clarification of Bidding Documents A prospective Bidder requiring any clarification of the Bidding Documents may notify the Bid Inviting Authority in writing by mail, courier, fax or hand delivery at the address indicated in the Bid Data Sheet. Similarly if a Bidder feets that any important provision in the Bidding Documents, such as those listed in ITB Section 3.3, will be unacceptable, such an issue must be ralsed during the clarification stage. All such queries and requests for clarification shall be submitted using the Form for Clarification Questions contained in Annex A to the Bidding Documents. ‘The Owner will respond in writing to any request for clarification or modification of the Bidding Documents that it receives on the Form for Clarification Questions no later than the date set out in the timetable in the Bid Data Sheet. Written copies of the Owner's response, including an explanation of the query but not identification of its source, (the “Response to Questions Document”) will be sent to all prospective Bidders that have recelved the Bidding Documents. If similar or repeated queries are made by Bidders, the ‘Owner may list those queries as one query & respond to such query only once. Site Visit Each Bidder is advised to visit and inspect the Site and its surroundings and obtain for Itself on its own responsibility all information that may be necessary for preparing the Bid and entering into the Contract. The Project Director, ICZMP-Odisha will schedule a time ‘on or after the date set out in the timetable specified in the Bid Data Sheet and develop a procedure for Bidders to conduct a Site Visit. The costs of visiting the site shall be at the Bidder’s own expense. Each Bidder and any of its personnel or agents will be granted permission by the Owner to enter upon its premises and lands for the purpose of such a Site Visit, but only upon the express condition that the Bidder, its personnel and agents will release and indemnify the Owner, the Borrower and their personnel and agents from and against all liability in respect thereof and will be responsible for death of personal injury, loss of or damage to Property and any other loss, damage, costs and expenses incurred as a result of the Site Visit. Data Room and Background Information Unless otherwise stated in the Bid Data Sheet, the Project Director, ICZMP-Odisha will establish a data room (the “Data Room”) with a collection of relevant data to be accessible to Bidders or their representatives from the date set out in the timetable specified in the Bid Data Sheet until the deadline for submission of Bids (the “Submission Deadline”), in accordance with a schedule established by the Owner. The Project Director, ICZMP-Odisha may provide prospective Bidders with a separate background information document (the “Background Information Document”) if Indicated in the Bid Data Sheet. The Background Information Document is not a Bidding Document. ‘Taner: nstuctons to Bader (TE) t me Page20 id Document fr Integrated Solid Waste Management Projet in Pradeep, Odsha on DEOT Basis 25 Pre-Bid Meeting Each prospective Bidder is invited to attend a Pre-Bid Meeting, which will take place at the venue and time stipulated in the Bid Data Sheet. While attendance at the pre-bid meeting is not mandatory, Bidders are strongly encouraged to attend. The purpose of the pre-bid meeting is to provide a technical presentation and to clarify issues and answer questions on any matter that may be raised at the meeting. Each prospective Bidder is requested, as far as possible, to subi any question in writing to reach the Project Director, ICZMP-Odisha not later than one week before the pré-bid meeting. It may not be practicable at the meeting to answer questions received late, but questions and responses will be transmitted as indicated hereafter. Minutes of the pre-bid meeting including the text of the questions asked by Bidders, without identifying the source, and the responses given, together with any responses prepared after the meeting will be transmitted without delay to all prospective Bidders that have been issued Bidding Documents. ‘Any modification to the Bidding Documents that may become necessary as a result of the pre-bid meeting shall be made by the Owner exclusively through the issue of an addendum pursuant to ITB 2.6 and not through the minutes of the pre-bid meeting. The proceedings of the pre-bid meeting, reply to the queries and corrigendum/addendum, if any, will also be uploaded on the SPMU, ICZM website http://www.icempodisha.org/. 2.6 Amendment of Bidding Documents (1) At any time prior to the Submission Deadline, the Owner may, for any reason, whether at its own initiative, or in response to a clarification requested by a prospective Bidder, amend the Bidding Documents by addendum. No other communications of any kind ‘whatsoever, including, without limitation, the minutes of the pre-bid meeting or the Response to Questions Document, shall modify the Bidding Documents. (2) Addenda, if any, will be sent in writing by air mail, courier or facsimile to all prospective Bidders and will be binding on them. Bidders shall immediately acknowledge receipt to the Owner of any such amendment, and it will be assumed that the information contained therein has been taken into account by the Bidder in its Bid. Such Addenda will also be uploaded on the SPMU, ICZM website http://www.iczmpodisha.org/. (3) In order to afford prospective Bidders reasonable time in which to take the amendment into account in preparing their Bids, the Owner may, at its discretion, extend the Submission Deadline, in which case, the Owner will notify all prospective Bidders writing of the extended deadline. 2.7 Contact with the Owner For the Purpose of Clarification The prospective Bidders shall contact only the persons named at the addresses in the Bid Data Sheet for the purpose of requesting information and clarification or for any other purpose relating to the bidding process. The prospective Bidders shall not contact any other person at the Owner during the bidding process. From the time of Bid opening to the time of Contract award, if any Bidder wishes to contact the Owner on any matter related to the bidding process, it may do so in writing. Aa Tannex A: instructions Bers (8) Page 2 (Ge 28 29 Bid Document for Integrated Solid Waste Management Project in Paradeep, Odicha on DBOT Basis Information Provided by the Owner/Bidders Due Diligence Each Bidder is solely responsible for conducting its own independent research, due diligence, and any other work or investigations and for seeking any other independent ‘advice necessary for the preparation of Bids, negotiation of agreements, and the subsequent delivery of all services to be provided by the Bidder that has been successful in the bidding process (the “Successful Bidder’) No representation or warranty, express or implied, is made and no responsibility of any kind is accepted by the Owner or its advisors, employees, consultants or agents, for the completeness or accuracy of any information contained in the Bidding Documents or the Response to Questions Document, or provided during the bidding process or during the term of the Contract. The Owner and its advisors, employees, consultants and agents shall not be liable to any person or entity as a result of the use of any information contained in the Bidding Documents or the Response to Questions Document, or provided during the process or during the term of the Contract. Bidders shall not rely on any oral statements made by the Owner or its advisors, employees, consultants or agents. All Bidders shall, prior to submitting their Bid, review all requirements with respect to corporate registration and all other requirements that apply to companies that wish to ‘conduct business in the Owner's country. The Bidders are solely responsible for all to their legal capacity to operate in the jurisdiction to which this bidding process applies. Timetable ‘The estimated timetable, from the issuance of the Bidding Documents to the identification by the Owner of the Successful Bidder and the execution of the Contract, is set out in the Bid Data Sheet. ‘The Owner may, in its sole discretion and without prior notice to the Bidders, amend the estimated timetable specified in the Bid Data Sheet. Bidders shall not rely in any way whatsoever on the estimated timetable specified in the Bid Data Sheet and the Owner shall not incur any liability whatsoever arising out of amendments to the estimated timetable. The Owner shall give notice of timetable changes, if any, by addenda. ‘Annex As istuctions to Bidders (78) Page 22 iv) Document for Integrated Solid Waste Management Project in Paradeep, Osha on DBOT Basis SECTION — 3 : PREPARATION OF BIDS 3.1 Language of Bid ‘The Bid prepared by the Bidder, all correspondence and documents related to the Bid exchanged by the Bidder and the Owner and the bidding process shall be written in the language specified in the Bid Data Sheet, provided that any printed literature furnished by the Bidder may be written in another language, as long as such literature is accompanied by a translation of its pertinent passages in the language specified in the Bid Data Sheet, in which case, for purposes of interpretation of the Bid, the translation shall govern 3.2 Documents Comprising the Bid (1) Each Bidder shall submit only one Bid which shall consist of, (a) One Technical Section which contains the following parts in the following order: () Part the information required by ITB Section 3.3; (i) Part ll—the Bid Security required by ITB Section 3.4; (ii) Part ill the Bid Form required by ITB Section 3.5(1), and the information required by ITB Section 3.5(2); (wv) Part lV ~ where applicable, the joint venture documents required by ITB Section 3.6; (v) Part V—the power of attomey required by ITB Section 3.7; (vi) Part VI ~ the declaration of commissions and gratuities required by ITB Section 3.8; (vi) Part Vil = Optional, separately bound pre-printed literature as per ITB Section 3.9; and (b) One Financial Section which shall consist of the Price Schedules completed in accordance with ITB Section 3.10. (2) Each Bidder shall also submit an initialled Draft Contract, in accordance with ITB Section 3.15 (2), in the same envelope as its Technical Section. 3.3 Technical Section - Part I- Technical and Staffing Information ler, while making his technical proposal shall consider the following aspects. = The owner shall make available land area for setting up the project facilities for treatment and disposal of the MSW to a maximum of 20 Acres. The bidders will be free to offer MSW treatment plant based on a technology of their choice and indicate in their bid the actual land requirement (within the ceiling of 20 acres) for setting up treatment facility and MSWLF as offered by them. The proposed technology should meet the requirement of CPHEEO manual and other applicable laws. The status of availability and ownership of the land is specified in the Bid Data Sheet. = The owner shall make available land, up to the limit considered reasonable, in Paradeep Municipality for parking and workshop ("Parking Site”) for vehicles used for collection and transportation of MSW. “Annex A insvuctons to Biers (TB) sac cee Bid Document for latagrated Solid Waste Managernent Project inParadeep, Osis on DBOT Basis ‘ “this context, any action to influence the procurement processor contract execution for undue advantage is improper. * For the purpose of this sub paragraph, “another porty” refers toa public ffl acting In relation tothe procurement process oF contract exection. n tis content, “public ofcio” includes World Bank staff and employees of other organizations taking or reviewing procurement decisions. * For the purpose of this sub-paragraph, “party” refers to 2 public offical; the terms “benefit” and “obligation” relate to the ‘procurement process or contract execution; and the actor omission” isintended t influence the procurement processor contract ‘eecuton ‘Annex A instructions to Beers (TE) WwW Page 40 Bid Document for Integrated Solid Waste Management Project in Paradeep, Ocha on DBOT Bass {it) “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;* {iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;* (v) “obstructive practice” is (2a) deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators In order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or {bb) acts intended to materially impede the exercise of the Bank's inspection and audit rights provided for under paragraph 1.16(e) below. (b) will reject a proposal for award if it determines that the bidder recommended for award, or any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question; (c) will declare misprocurement and cancel the portion of the loan allocated to a contract if it determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement or the implementation of the contract in question, without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing, to inform the Bank in a timely manner at the time they knew of the practices; {d)_will sanction a firm or individual, at any time, in accordance with the prevailing Bank's sanctions procedures,6including by publicly declaring such firm or individual ineligible, either indefinitely or for a stated period of time: (i) to be awarded @ Bank-inanced contract; and (i) to be a nominated7; sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank- financed contract; For the purpose of tis sub-paragraph, “parties” refers to partipants Inthe procurement process (Incuding puble offi) _attempting ether themselves, o trough another person or enty not participating n the procurement or selection process, t0 ‘Simulate competion orto establish bid prices at artical, non-compete levels, or are privy to each other's bid prices or other conditions. + orthe purpose of this sub-paragraph, “party” refers toa participant inthe procurement proces or contract execution ‘firm ot idual may be declared inet to be awarded a Bank financed contract upon: completion ofthe Bank's sanctions proceedings 3: per its sanctions procedures, Including, Inter alla, cross-debarment as agreed with other Intemational Financial Insttuions, Incuding Multtteral Development Banks, and trough the application the World Bank Group corporate administrative procurement sanctions procedures for fraud and corruption; and (i) as a reslt of temporary suspension or early temporary ‘Suspension in connection wth an ongoing sanctions proceeding Se footnote 14 and paragraph &of Appendix 1 ofthese Guidelines. 7” Anominated sub-contractor, consultant, manufacturer or supple, or service provider (ferent names are used depending onthe particular bidding document) is one which has ether been () included by the bidder ints re-quaifiation application or bid becouse Ie brings spel and eral experience and know-how that allow the bidder to meet the quaifction requirements forthe particular oF) appointed by the Borrower. eer eee ‘Annex A instructions to Bidders (TB) 7 Page at (pe ep, Osha on O8OT Bass Bid Document fr integrated Solid Waste Management Project (e) will require that a clause be included in bidding documents and in contracts financed by a Bank loan, requiring bidders, suppliers and contractors, and their sub-contractors, agents, personnel, consultants, service providers, or suppliers, to permit the Bank to inspect all accounts, records, and other documents relating to the submission of bids and contract performance, and to have them audited by auditors appointed. ea ‘Annex istracons to Baers (iT) 2: ocumet or tegated Sold Waste Management oj Pret, Oa on 00 Bass

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