Request for Proposals
to
Design-Build-Operate-Transfer
a Municipal Solid Waste-to-Energy Facility
in
Amman, Jordan
Tender no. 32/1/2015
Greater Amman Municipality
Tendering and Procurement Directorate
City Hall, Ras Al-Ein, Omar Matar Sreet,
P.O Box 132, Amman, Jordan
Issued:
March , 2015
Table of Contents
1
Definition of Terms ............................................................................................................................... 1
2
Introduction .......................................................................................................................................... 4
3
4
2.1
Background ................................................................................................................................... 4
2.2
Proposed Project ........................................................................................................................... 4
Tender Documentation ......................................................................................................................... 6
3.1
Content of the Tender .................................................................................................................. 6
3.2
Contact with GAM for the Purpose of Clarification ...................................................................... 7
3.3
Pre-Proposal Meeting ................................................................................................................... 9
3.4
Site Visits ....................................................................................................................................... 9
3.5
Updates to the RFP ..................................................................................................................... 10
3.6
Information Provided by GAM Officials, Representatives, Advisors and Consultants ............... 10
3.7
Database and Background Information ...................................................................................... 11
3.8
Cost to Propose ........................................................................................................................... 11
3.9
Schedule ...................................................................................................................................... 11
Background information ..................................................................................................................... 13
4.1
Greater Amman Municipality ..................................................................................................... 13
4.2
Quantity and Composition of MSW Collected by GAM .............................................................. 13
4.2.1
Quantity of MSW Collected by GAM .................................................................................. 13
4.2.2
Composition of MSW Collected by GAM ............................................................................ 15
4.3
Waste Management Services Provided by GAM ........................................................................ 15
4.3.1
Waste Collection ................................................................................................................. 15
4.3.2
Recycling ............................................................................................................................. 16
4.3.3
Electronics Collection .......................................................................................................... 16
4.3.4
Transfer ............................................................................................................................... 17
4.3.5
Disposal ............................................................................................................................... 17
4.4
Project Site .................................................................................................................................. 18
4.5
Laws and Regulations Governing the MSW Management ......................................................... 21
4.6
Compost markets ........................................................................................................................ 22
4.7
Industrial waste........................................................................................................................... 22
4.8
Electricity Feed-in Tariffs ............................................................................................................ 22
i
4.9
Refuse Derived Fuel (RDF) for Power Production ....................................................................... 23
4.10
Industrial Fuels from Waste ........................................................................................................ 23
5
Anticipated Results of the Tender ...................................................................................................... 24
6
Solicited Services................................................................................................................................. 26
7
Proposers Qualification Requirements ............................................................................................... 28
8
7.1
Minimum Technical Requirements ............................................................................................. 28
7.2
Minimum Financial Requirements .............................................................................................. 28
General Instruction for Preparation of the Proposals ........................................................................ 30
8.1
Proposal in General ..................................................................................................................... 30
8.2
Instructions for Proposals ........................................................................................................... 31
8.2.1
Language of the Proposal.................................................................................................... 31
8.2.2
Format and Signing of the Proposal .................................................................................... 32
8.2.3
Sealing and Marking of Proposals ....................................................................................... 32
8.2.4
Proposal Submission Deadline ............................................................................................ 33
8.2.5
Late Proposals ..................................................................................................................... 33
8.2.6
Modification and Withdrawal of Proposals ........................................................................ 33
8.2.7
Validity of Proposals............................................................................................................ 34
8.2.8
Proposal Currencies ............................................................................................................ 35
8.2.9
Proposal Units ..................................................................................................................... 35
8.3
9
Constituting Parts of the Proposal .............................................................................................. 35
8.3.1
Technical Section ................................................................................................................ 35
8.3.2
Financial Section ................................................................................................................. 41
8.3.3
General Section ................................................................................................................... 42
Proposals Opening and Evaluation ..................................................................................................... 43
9.1
Opening of the Proposals............................................................................................................ 43
9.2
Clarification of the Proposals ...................................................................................................... 43
9.3
Evaluation Committee ................................................................................................................ 44
9.4
Preliminary Examination of Proposals ........................................................................................ 44
9.5
Minimum Technical and Financial Qualification Evaluation ....................................................... 45
9.6
Detailed Proposal Evaluation ...................................................................................................... 45
9.7
Scoring System ............................................................................................................................ 48
9.8
Shortlisted Proposers and Interviews ......................................................................................... 48
ii
10
Service Contract .............................................................................................................................. 50
10.1
GAM’s Right to Accept or Reject and Waive Irregularities ......................................................... 50
10.2
Selection of Preferred Proposer ................................................................................................. 50
10.3
Signing the Service Contract ....................................................................................................... 50
10.4
Performance Security.................................................................................................................. 51
10.5
Corrupt or Fraudulent Practices ................................................................................................. 51
11
General Conditions ......................................................................................................................... 52
11.1
Proposal Security (Proposal Bond).............................................................................................. 52
11.2
Performance Bond and Guarantees ........................................................................................... 53
11.3
Insurance Requirements ............................................................................................................. 54
11.4
Permitting Requirements ............................................................................................................ 55
List of tables:
Table 1 Estimated Schedule of the Tendering Process ............................................................................... 12
Table 2 Amount of MSW collected by GAM (metric tonnes per year) ....................................................... 14
Table 3 Amounts of MSW delivered to the Al Ghabawi Landfill (in metric tonnes per year) .................... 18
List of figures:
Figure 1 Composition of the MSW in Amman, Royal Scientific Society, 2011 (% by weight)..................... 15
Figure 2 Locations of the Al Shaer Transfer Station and the Al Ghabawi Landfill ...................................... 19
Figure 3 Al Ghabawi Landfill Site................................................................................................................. 20
Figure 4 Al Shaer Transfer Station Site ....................................................................................................... 21
Appendices:
Appendix 1- Forms:
I. General Forms:
GF-1 Proposal for Performing Related Work
GF-2 Proposer Information
GF-3 Assurance of Compliance
GF-4 Anti-Bribery Affirmation & Affidavit of Qualification to Propose
GF-5 Form of Proposal Bond
iii
GF-6 Clarification of Questions
GF-7 Format of Curriculum Vitae (CV) for Proposed Key Staff
II. Performance Forms:
PF-1 Facility Performance Guarantees
PF-2 Performance Guarantees for Each Product
PF-3 List of References
PF-4 Summary of Project Costs
PF-5 Capital Costs
PF-6 Annual Operation and Maintenance Costs
PF-7 Consolidated Cost Form for GAM MSW
PF-8 Annual Cost Adjustment Proposal (CAP) Form
PF-9Estimate of Sources and Uses of Funds
PF-10 Development of Equipment Replacement and Renewal Fund
PF-11Non-Collusion Certification
PF-12 Indemnification Agreement
PF-13 Disclosure
PF-14 Performance Security Form
PF-15 Affidavit of Qualified Contractor as Proposer
PF-16 Insurance Company Letter of Intent
PF-17 Company/Guarantor Letters of Interest
As electronic document Attached (CD):
Appendix 2- “Municipal Solid Waste Composition Analysis Study “The Royal Scientific Society (RSS) and
the Environmental Consultations and Projects (ECP) for GAM, 2011
Appendix 3- Electronic Waste Collection Campaign Brochure
Appendix 4- Relevant Laws and Regulations
Appendix 5- Reference Pricelist Record for the Calculation of Electrical Energy Sources Issued by the
Council of Commissioners of Electricity Regulatory Commission Pursuant to Article (2) of The Renewable
Energy and Energy Efficiency Law No. (13), for the Year 2012
Appendix 6- GIS Information on the Preferred Project Site
Appendix7- Long Term Strategic Plan for Improving Amman Municipal Solid Waste Management
System, July 2014
iv
1
Definition of Terms
“Addendum” or “Addenda” means any additional RFP-related information formally provided by GAM
after release of the RFP, but before Proposals are received.
“Applicable Law” means the laws and any other instruments having the force of law in the Hashemite
Kingdom of Jordan, as they may be issued and in force from time to time, including any decree of the
President or government of the Country.
“Background Information Document” means the Background Information Document provided to the
prospective Proposers by GAM during the Tendering process.
“CAP” means the Cost Adjustment Proposal.
“Capital Cost” means the cost as estimated in proposal form PF-5 and as subsequently negotiated
between the Proposer and the City.
“Commercial MSW” means all types of MSW generated by stores, offices, restaurants, warehouses, and
other non-manufacturing activities, excluding residential waste and industrial waste.
“Commercial Operation Date” means the date the Contractor’s system is ready for commercial
operation and has received all government approvals required for the receipt of MSW at a Facility.
“Contractor” means the Preferred Proposer selected by GAM and successfully negotiated and signed the
Service Contract to perform the work covered by this RFP, or any part of it, the successors or assigns, or
duly authorized agents or legal representatives.
“Database” means the database which may be established by GAM in the tendering process to made
background documents available to prospective Proposers.
“Design-Build-Own-Operate-Transfer “DBOT” means a public-private partnership in which the private
contractor designs, builds, operates and transfers the project ownership to the public entity at the end
of the contract.
“Disposal” means the proper delivery of MSW to a legal Final Disposal Point.
“Districts” means the 22 administrative regions that make up in the Greater Amman Municipality.
“DoS” means Department of Statistics of the Hashemite Kingdom of Jordan.
“EMRC” means the Energy and Mineral Regulatory Commission.
“GAM” means Greater Amman Municipality.
“Guarantor” means either a joint venture partner, or other similar entity, who assumes joint and several
liability for the Contractor, or other entity serving as Guarantor and which in each case guarantees
performance of the obligations of the Contractor under the terms of the Service Contract.
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“Landfill” means Al Ghabawi Sanitary Landfill.
“MEMR” means Ministry of Energy and Mineral Resources of Jordan.
“Municipal Solid Waste” or “MSW” means any garbage, refuse, industrial lunchroom or office waste,
household waste, Yard Waste, street sweepings, park and roadside litter, and any other material
resulting from the operation of residential, municipal, commercial, or institutional establishments and
from community activities which are required to be disposed of in an MSW unit or treatment and
processing facility as collected by GAM from the City of Amman.
“MWPF” means mixed waste processing facility.
“Parent Company” means the parent company of the Proposer, if any.
“Pre-proposal meeting” means the non-mandatory meeting wherein GAM will provide a technical
presentation and clarify issues and answer questions from prospective Proposers.
"Preferred Proposal" means the proposal identified by the Evaluation Committee to be the most
advantageous for GAM in regards to this RFP.
“Project” means a WTE facility as procured through this RFP to process the MSW as collected by GAM.
"Project Company" means the company that the Preferred Proposer will be required to be or to create a
under the laws of the Hashemite Kingdom of Jordan prior to the signing of the Service Contract.
"Proposal" means the submission made to GAM in response to the RFP with respect to the provision of
Services as described in the RFP, including all technical, legal, financial information, and all Proposal
attachments and/or forms.
"Proposal Costs" means all expenditures reasonably incurred by the Proposer in association with the
preparation and submission of its proposal.
“Proposal Security” means the amount of money in Jordanian Dinars with GAM by a Proposer in the
form of a certified check or bank security to secure the Proposer’s Proposal.
“Proposal Validity Period” means period of 180 days after the Submission Deadline that the Proposal
shall remain valid.
“Proposer” means an individual, corporation, organization, partnership or combination thereof
submitting a Proposal to GAM.
“Recyclable Materials” or “Recyclables” means those materials which would otherwise become MSW
and which may be collected, separated or processed and returned to the economic mainstream in
accordance with all legal requirements and in the form of raw materials or products.
“Reference Plant” means a facility referenced by the Proposer that is used to demonstrate the
Proposer’s qualification.
“Refuse Derived Fuel” or “RDF” means fuel derived from non-recyclable fraction of the MSW.
2
“RFEI” means Request for Expressions of Interest as published by MEMR in 2012.
“Request for Proposal” or “RFP” means the GAM document issued titled “Request for Proposals for to
Design-Build-Operate-Transfer a Municipal Solid Waste-to-Energy Facility in Amman, Jordan” for the
provision of Services, which the RFP may be amended or modified from time-to-time in accordance with
the local public contract laws prior to the date established for the submission of Proposals.
“Results Oriented Tender” means this tender process has specifically defined anticipated Project results
that the Proposals will be evaluated and analyzed against.
“Service Contract" means the agreement between GAM, and the selected Preferred Proposer.
“Service Fee” means the fees proposed for, or with respect to, the provision of Services, as set forth in
the RFP and, as negotiated, incorporated into the Service Contract.
“Services” means the actions requested of the Contractor as described in the RFP.
“Site” means the physical area at the Al Shaer Transfer Station or the Al Ghabawi Landfill identified for
the location of the Project.
“Subcontractor” means any person or entity to which the Contractor subcontracts or subconsults any
part of the Services in accordance with the provisions of the Service Contract, including any person or
entity engaged for the supply of any Plant and Equipment, Operator's Equipment (Design-Build) or
Operator's Equipment (Operations) or for the provision of any Services.
“Submission Deadline” means the date for the submission of Proposals to GAM.
“Successful Proposer” means the Preferred Proposer that has been successful negotiated and signed the
Service Contract.
“Tender Documents” means the documents issued by GAM in respect of the tendering process for the
selection of a Contractor to design, build, operate and transfer the Project and to perform the Services.
“Tendering Process” means the formal, structured, fair, transparent and competitive process to request,
receive, and evaluate proposals for the development of waste-to-energy Project.
“TPD” means tonnes per day.
“TPY” means tonnes per year.
“Tonne” means one metric tonne or 1,000 kg as defined by the International System of Units (SI).
“Waste-to-Energy” or “WTE” means waste processing technologies including anaerobic digestion,
gasification, pyrolysis and mass-burn.
3
2
Introduction
2.1
Background
The Greater Amman Municipality (“GAM”)seeks to reduce the amount of Municipal Solid Waste
(“MSW”) destined for disposal at the Al Ghabawi Sanitary Landfill (“Landfill”). GAM also seeks to
recover material and energy from the MSWthat is collected from within the City of Amman.
In 2012, the Government of Jordan through the Ministry of Energy and Mineral Resources (“MEMR”)
issued a Request for Expressions of Interest (“RFEI”) from investors interested in developing a Waste-toEnergy (“WTE”) project on behalf of GAM. MEMR received significant interest in response to the RFEI
from companies around the world.
This Request for Proposals (“RFP”) is being issued by GAM as a continuation of the significant interest
shown by the private sector to develop a WT E project for GAM.
2.2
Proposed Project
GAM invites interested and qualified companies to submit proposals to design, build, finance, maintain,
operate and transfer (“DBOT”)a WTE facility (“Project”)to receive and process the MSW collected by
GAM through a transparent and competitive tendering process ("Tendering Process"). GAM will
negotiate a long-term agreement (“Service Contract") with a Proposer ("Preferred Proposer") selected
through the Tendering Process. The Preferred Proposer will be required to be, or to create, a company
("Project Company") under the laws of the Hashemite Kingdom of Jordan prior to the signing of the
Service Contract.
The Project is expected to recover materials as recyclables and compost, and energy from non-recycled
waste as fuel (refuse derived fuel (“RDF”), liquid fuels), electricity and/or steam.
This RFPis issued by GAM and is open to all companies, recognizing that the eventual Proposers must
address how they fulfill the minimum technical and financial requirements as described in the Sections
7.1 and 7.2 of this RFP, and have a MSW processing solution that can help GAM reach the anticipated
results as described in Section 5 of this RFP. Companies are invited to submit their proposals to GAM,
which will consist of (i) Technical Section, (ii) Financial Section, and (iii) General Section (collectively the
"Proposal") in accordance with the instructions and the requirements of this RFP.
4
This RFP is a “Results Oriented Tender”. In Section 5 of this RFP, GAM has identified the results GAM
wishes to achieve from this tendering process. Proposals will be evaluated and analyzed against the
anticipated Project results as described in this RFP. Project performance will ultimately be measured
against the proposed results. It is expected that achievement of specific results will bring positive
change to GAM’s MSW management system.
5
3
Tender Documentation
3.1
Content of the Tender
1) The nature of the service area, the requested services, the site and facility that is to be designed,
built, operated and maintained by the successful Contractor is described in the Tender
Documents. The Tender Documents also describe the procedures to be followed during the
Tender process and the contract terms and technical requirements. The Tender Documents
include:
a) The Cover Letter- Invitation to Propose;
b) The Request for Proposal;
c) Appendices:
i. Appendix 1- Forms:
a. General Forms:
1. GF-1 Proposal for Performing Related Work
2. GF-2 Proposer Information
3. GF-3Assurance of Compliance
4. GF-4 Anti-Bribery Affirmation & Affidavit of Qualification to Propose
5. GF-5 Form of Proposal Security
6. GF-6 Clarification of Questions
7. GF-7 Format of Curriculum Vitae (CV) for Proposed Key Staff
b. Performance Forms:
1. PF-1 Facility Performance Guarantees
2. PF-2 Performance Guarantees for Each Product
3. PF-3 List of References
4. PF-4 Summary of Project Costs
5. PF-5 Capital Costs
6. PF-6 Annual Operation and Maintenance Costs
7. PF-7 Consolidated Cost Form for GAM MSW
8. PF-8 Annual Cost Adjustment Proposal (CAP) Form
9. PF-9 Estimate of Sources and Uses of Funds
10. PF-10 Development of Equipment Replacement and Renewal Fund
11. PF-11 Non-Collusion Certification
6
12. PF-12 Indemnification Agreement
13. PF-13 Disclosure
14. PF-14 Performance Security Form
15. PF-15 Affidavit of Qualified Contractor as Proposer
16. PF-16 Insurance Company Letter of Intent
17. PF-17 Company/Guarantor Letters of Appendix 2- “Municipal Solid Waste
Composition Analysis Study “ The Royal Scientific Society (RSS) and the
Environmental Consultations and Projects (ECP) for GAM, 2011
ii. Appendix 3- Electronic Waste Collection Campaign Brochure
iii. Appendix 4- Relevant Laws and Regulations
iv. Appendix 5- Reference Pricelist Record for the Calculation of Electrical Energy Sources
Issued by the Council of Commissioners of Electricity Regulatory Commission Pursuant
to Article (2) of The Renewable Energy and Energy Efficiency Law No. (13), for the Year
2012
v. Appendix 6- GIS information on the preferred project site
vi. Appendix 7- Long Term Strategic Plan for Improving Amman Municipal Solid Waste
Management System, July 2014
d) Addenda to the documents if any are issued by GAM as described in the Section 3.3.
2) The documents listed in Section3.1(a), (b), (c), (d)and (e) are collectively the “Tender
Documents”.
3) Each prospective Proposer shall examine all instructions, terms and conditions, forms,
specifications and other information contained in this Request for Proposal (RFP); hereinafter
termed the Tender Documents. If the Proposer fails to provide all documentation and
information required by the Tender Documents; or submits a Proposal which is not substantially
responsive to the terms and conditions of the Tender Documents, such action is at the
Proposer’s risk and GAM may determine that the Proposal is non-responsive to the Tender
Documents and may reject it.
3.2
Contact with GAM for the Purpose of Clarification
1) Prospective Proposers shall contact GAM for the purpose of requesting information and
clarification, or for any other purpose relating to the tendering process clarification, by filling up
7
the Form GF- 6 in Appendix 1 and sending it by regular or electronic mail only to the following
GAM contact:
Greater Amman Municipality Tendering and Procurement Directorate
City Hall, Ras Al-Ein, Omar Matar Street,
P.O Box 132, Amman, Jordan
E-mail: gam.tenders@ammancity.gov.jo
2) Prospective Proposers shall not contact any person at GAM during the tendering process. From
the time of the opening the Proposals to the time of signing the Service Contract with the
Preferred Contractor, if any Proposer wishes to contact GAM on any matter related to the
tendering process, it may do so in writing as noted above.
3) GAM will use its best efforts to respond to all the requests for clarifications of the Tender
Documents. The responses will be issued in addenda, as described in Section 3.3, and will be
made available to all prospective Proposers. If similar or repeated queries are made by different
prospective Proposers, those queries may be listed as one query and GAM may respond to such
query only once. If request for clarification directly deal with specific innovations or solutions,
GAM will do its utmost to not disclose the essence of it when informing all prospective
Proposers.
4) It is anticipated that GAM will respond to questions from prospective Proposers with the
publication of Addendums, as/if needed, on the following schedule:
a) May 18, 2015
b) July 19 , 2015
c) August 24, 2015.
5) It is the sole responsibility of the prospective Proposers to submit their request(s) for
clarification timely in order to get the response from GAM. All requests for clarification received
later than two weeks before the deadline for proposal submittals will not be considered or
responded to by GAM.
6) Unless otherwise specified, all Addenda will be posted to GAM’s website at
http://www.gamtenders.gov.jo/Tenders/TendersList.aspx?cat=Inter. Interpretation or revisions
of the tender documents made in any other manner shall not be binding on GAM and shall not
be relied upon by prospective Proposers. Any Addenda shall be issued by GAM within a
reasonable time prior to the Proposal Submission Deadline. The registered Proposers will
8
automatically receive the Addenda and the Proposers’ acknowledgement of each Addendum
received shall be noted in the Proposal as described in Section 8.3 of this RFP.
7) After GAM establishes a date and time for receipt of Proposals, Proposers or GAM
representatives shall not contact anyone, other than as instructed in Section 3.2 1, concerning
this RFP. The contact restriction also applies to GAM’s consultants and advisors. Any
unauthorized contact may result in disqualification from the tender and procurement process.
3.3
Pre-Proposal Meeting
Prospective Proposers are invited to attend a Pre-Proposal Meeting, which will take place at the venue
and time stipulated in
Table 1. While attendance at the Pre-Proposal Meeting is not mandatory, Proposers are strongly
encouraged to attend. The purpose of the Pre-Proposal 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 Proposer is requested, as far as possible, to submit any question in writing to reach GAM
not later than one week before the Pre-Proposal Meeting. It may not be practical to answer questions
received latest the meeting, but questions and responses will be transmitted as indicated hereafter.
Minutes of the Pre-Proposal Meeting and the responses to relevant questions raised at the Pre-Proposal
Meeting will be included in an Addendum issued after the Pre-Proposal Meeting.
3.4
Site Visits
1) Each prospective Proposer is advised to visit and inspect the site of the proposed Project and its
surroundings and obtain for itself on its own responsibility all information that may be necessary
for preparing the Proposal and entering into the Service Contract. GAM will schedule a time and
organize a site visit as part of the Pre-Proposal meeting but prospective Proposers will be
allowed to visit the side on request as well. The costs of visiting the site shall be at the
prospective Proposer’s own expense.
2) Each prospective Proposer and any of its personnel or agents will be granted permission by
GAM to enter upon its premises and lands for the purpose of such a Site Visit, but only upon the
express condition that the Proposer, its personnel and agents will release and indemnify GAM,
the Borrower and their personnel and agents from and against all liability in respect thereof and
will be responsible for death or personal injury, loss of or damage to property and any other
loss, damage, costs and expenses incurred as a result of the site visit.
9
3.5
Updates to the RFP
1) At any time prior to the Proposal Submission Deadline, GAM may, for any reason, whether at its
own initiative, or in response to a clarification requested by a prospective Proposer, amend the
Tender Documents by addendum. No other communications of any kind whatsoever, including,
without limitation, the minutes of the Pre-Proposal Meeting or the Response to Questions
Document, shall modify the Tender Documents.
2) Any Addendum will be made publicly available on GAM website and automatically delivered to
the registered prospective Proposers. The Addenda will be binding to all Proposers and they
shall acknowledge receipt of each Addendum, by completing, executing and submitting Form
GF-1. Proposal for Performing Related Work, from Appendix 1, within this RFP, and it will be
assumed that the information contained therein has been taken into account by the Proposer in
its Proposal.
3) In order to afford prospective Proposers reasonable time in which to take the amendment into
account in preparing a Proposal, GAM may, at its discretion, extend the Proposal Submission
Deadline, by issuing an addendum.
3.6
Information Provided by GAM Officials, Representatives, Advisors and Consultants
1) Each Proposer 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 their proposals, negotiation of contracts, and the subsequent delivery of
all services.
2) No representation or warranty, express or implied, is made and no responsibility of any kind is
accepted by GAM or its advisors, employees, consultants or agents, for the completeness or
accuracy of any information contained in the Tender Documents or the Addendum, or provided
during the Tender process or during the term of the Service Contract. \GAM 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 Tender Documents or the Addendum, or provided
during the Tender process or during the term of the Service Contract.
3) Proposers shall not rely on any oral statements made by GAM or its advisors, employees,
consultants or agents.
4) All prospective Proposers shall, prior to submitting a Proposal, review all requirements with
respect to corporate registration and all other requirements that apply to companies that wish
10
to conduct business in Jordan. The Proposers are solely responsible for all matters relating to
their legal capacity to operate in the jurisdiction to which this Tender process applies.
3.7
Database and Background Information
1) GAM will establish an on-line database (the “Database”) with a collection of relevant data to be
available to prospective Proposers or their representatives.
2) Registered Proposers will automatically be granted access to the online database.
3.8
Cost to Propose
1) The Proposer shall bear all costs associated with the preparation and submission of its proposal,
and GAM will in no case be responsible for these costs, regardless of the conduct or outcome of
the Tender process.
2) Costs (the "Proposal Costs")including, without limitation, all costs and expenses related to
Proposer’s involvement in:
a) Participation at any Pre-Proposal meeting;
b) Site visit;
c) All other information gathering processes;
d) Scheduled and/or additional meetings;
e) Preparation of responses to questions or requests for clarification from GAM; and
f)
3.9
Preparation of Proposers’ questions during the clarification process.
Schedule
1) The estimated timetable, from the issuance of the Tender Documents to the identification by
GAM of the Successful Proposer and the execution of the Service Contract is as follows:
11
Table 1 Estimated Schedule of the Tendering Process
Estimated Date
Action
March 29, 2015
Tender Documents Published
May 3 , 2015
Pre-Proposal Meeting at GAM, Amman, Jordan
May 3 , 2015 –
September 28, 2015
Site Visits by Prospective Proposers
May 3 , 2015
May 18, 2015
Deadline for Requests for Clarification #1
July 5 , 2015
Deadline for Request for Clarification #2
July 19 , 2015
Addendum #2 Issued
September 6, 2015
Deadline for Request for Clarification #3
September 21, 2015
Addendum #3 Issued
October 5, 2015
Proposal Submission Deadline, 12:00 Noon Local Time
Addendum #1 Issued
Proposal Opening, 12:00 Local Time, GAM
September 2015- April 2016
Proposal Evaluation, Selection of Preferred Proposer,
and Service Contract Negotiation
April 2016
Service Contract Signed
April 2018
Waste to Energy Plant Commissioned
2) GAM may, in its sole discretion and without prior notice to the prospective Proposers, amend
the estimated timetable specified in
3) Table 1. Prospective Proposers shall not rely in any way whatsoever on the estimated
timetable specified in Section 3.9 (1) and GAM shall not incur any liability whatsoever arising
out of amendments to the estimated schedule. GAM shall give notice of schedule changes, if
any, by addendum.
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4
Background information
4.1 Greater Amman Municipality
The Greater Amman Municipality (“GAM”) includes 22administrative regions (“Districts”) with total
population of 2,528,500 in 2013. Amman is the capital and the most populous city of the Hashemite
Kingdom of Jordan. According to Department of Statistics (“DoS”) the actual growth rate of the
population is Amman is 2.2%.
GAM is managed by the 68 member Greater Amman Municipality Council, working within 14
committees, and headed by the Mayor of Amman. The Municipality employees 18,000 people serving
the 27 administrative regions.
Amman has positioned itself as a regional business hub. It is a popular spot for business travel, regular
and medical tourism.
4.2 Quantity and Composition of MSW Collected by GAM
4.2.1 Quantity of MSW Collected by GAM
GAM is responsible for collection, transfer and disposal of the MSW from residential and commercial
dwellings within the 22 districts of Amman and five additional neighboring districts of the metropolitan
area of Amman. Industrial, medical and hazardous waste is under jurisdiction of the Ministry of
Environment and therefore is not GAM’s responsibility.
13
The amount of MSW collected by GAM from the 22serviceddistricts in the last four years is shown in
Table 2 below:
Table 2 Amount of MSW collected by GAM (metric tonnes per year)
District
Al Madina
2011
19,701
2012
20,294
2013
21,615
2014
23,483
Bassman
60,181
60,018
65,093
69,459
Marka
29,714
26,910
31,535
33,950
Al Naser
37,053
34,825
41,238
48,087
Al Yarmouk
45,132
43,021
45,082
47,914
Ras Al Ain
29,076
26,096
33,088
37,211
Bader Al Kadima
41,067
39,467
44,387
48,671
Zahran
35,984
34,954
36,221
39,211
Al Abdali
44,956
44,704
46,830
49,387
Tareq
25,363
24,678
30,287
34,110
Al Qwiesmah
42,335
38,219
46,684
54,677
Jawa
30,879
30,169
35,274
40,741
Al Moqabalin
20,364
18,377
24,300
26,865
Wadi Al Sir
67,511
65,803
71,085
77,464
Bader Al Jadedah
2,602
2,533
2,646
3,061
Sweileh
26,890
27,453
30,536
33,325
Tlaa Al Ali
64,933
66,595
70,772
77,080
Al Jubiha
39,978
41,119
43,237
46,630
Shafa Badran
6,279
6,807
8,447
10,790
Abu Nsier
9,762
10,505
12,608
14,717
Ohod
6,971
4,732
9,701
11,278
Shab
16,583
9,348
19,145
19,702
Al Mwaqar
8,096
2,799
8,830
8,399
Al Jiza
8,449
6,880
8,688
9,004
Hisban
5,089
4,482
4,444
1,396
Naaoor
9,428
9,022
9,618
9,167
Marj Al Hamam
17,761
18,636
20,852
23,778
Others
0
0
0
8,611
718,446
822,243
908,168
Total
752,137
Source: Greater Amman Municipality, 2014
14
4.2.2 Composition of MSW Collected by GAM
The Royal Scientific Society (RSS) and the Environmental Consultations and Projects (ECP) conducted a
Municipal Solid Waste Composition Analysis Study for GAM in 2011. The results show that almost half of
the MSW is organic material with plastics as the second largestfraction. A detailed breakdown of the
results of the composition study is presented in Figure 1.The complete study can be found in
Attachment 2.
Figure 1Composition of the MSW in Amman, Royal Scientific Society, 2011 (% by weight)
Organics
1.20%
0.70%
0.50%
2.60%
Paper
5.30%
5.60%
Corrugated
Complex waste
0.90%
Plastics
Textile
2.30%
49.70%
15.70%
Metal
Aluminum
Glass
Special waste
1%
8.10%
Hygienic textile
6.60%
Unclassified combustible
Unclassified incombustible
4.3
Waste Management Services Provided by GAM
4.3.1 Waste Collection
GAM provides MSW collection services to residential and commercial generators in the City of
Amman.MSW collection services are combined with the street sweeping services and are organized into
six geographical service areas; work in three shifts per day, and seven days a week.
There is no door-to door waste collection in Amman. MSW is collected from collection points - locations
where containers are available to the nearby residents and businesses. Residents and businesses are
required to bring their waste to the collection containers. The containers used for waste collection are
15
of two types: steel containers of 1,100 L and plastic containers of 770 L. The MSW is collected as waste;
mixed without source separation of any recyclables. It is also mixed with construction and demolition
waste.
4.3.2 Recycling
GAM does not provide separate collection service for recyclables. All the recycling is done by an informal
recycling sector and results in an estimated 10-12% of the total MSW generated being recycled. This
informal recycling sector picks out the recyclables from the containers before the MSW has been picked
up by GAM collection services.
In 2005, GAM signed an agreement with the private company Tadweer to process MSW and recover
recyclables. Tadweer has constructed a mixed waste processing facility (“MWPF”) near the Al Ghabawi
Landfill, but the facility has not yet commenced operations. Pursuant to the agreement between
Tadweer and GAM, Tadweer has the right to receive up to 1,000 tonnes-per-day (TPD) from GAMat no
charge to GAM. Tadweer may dispose of residue from the MWPF at the Al Ghabawi Landfill at no
charge. Tadweer has the right to select which loads of MSW GAM collects will be processed, with the
understanding that certain geographic areas of Amman will have higher recyclables. Tadweer’s
recycling facilityis to recover plastics, metals, and paper which are expected to be marketed to both
local and international markets. The project was developed as a design-build-operate-transfer (DBOT)
with GAM with a 15 year contract. The contract may be renewed for an additional 15 years. The
contract starts once the MWPF is operational. Tadweer is obligated by the contract on a revenue share
with GAM of 5% of gross revenues in the first three years, and 10% of gross revenues for the following
12 years.
4.3.3 Electronics Collection
GAM is preparing a campaign for the collection of electronic waste. GAM hopes to raise public
awareness about the importance of the proper management of this waste fraction and intends to
distribute special containers for collection of the electronic waste around Amman.
Appendix 3contains the brochure GAM has prepared for this campaign.
16
4.3.4 Transfer
GAM owns and operates the Al Shaer Transfer Station to help reduce environmental impacts and
transportation costs associated with the delivery of waste to the Landfill. The Al Shaer Transfer Station,
which receives both GAM and private waste, is located in the east side of Amman between the City and
the Landfill. Waste collected by GAM collection trucks is tipped at the transfer station and loaded into
larger containers or transfer trailers for transport to the Landfill which is 24km away. All waste received
at the Al Shaer Transfer Station is delivered to the Landfill.
The transfer station operates 24 hours-per-day, 7 days-per-week for receiving waste while the packing
of waste for transfer is performed from 7 AM-10 PM each day. Approximately 420 deliveries are
accepted daily. From 2011 to 2014, this transfer station received approximately 93% of the MSW
collected by GAM crews. The other 7% was directly delivered to the Al Ghabawi Landfill by GAM.
Prospective Proposers should note that this transfer station site has vacant land adjacent to it that GAM
proposes to be used for the proposed WTE Project site.
4.3.5 Disposal
All the MSW collected by GAM is currently disposed of at the Al GhabawiSanitary Landfill. The Landfill is
located on the eastern border of greater Amman, approximately 40km from the center of Amman and
24km from the Al Shaer Transfer Station. The Landfill commenced operations in 2003 to serve the
central Jordan region, and GAM is currently filling the fourth cell. The Landfill has a total of 9 cells and,
based on current filling rate,it will be filled in 2033.
The Landfill receives approximately 1 million tonnes of MSW per year. Approximately 78% is being
delivered by GAM and the rest comes from private haulers and other municipalities (Zarqa and Al
Rsiefieh). The quantity of MSW delivered to the Landfill in the last four calendar years is presented in
Table 3 below.
GAM, with financial assistance from the World Bank, has developed a landfill gas to electricity project
for the Landfill. So far one of the landfill cells has been closed and the landfill gas collection system has
been installed.
17
Table 3Amounts of MSW delivered to the Al Ghabawi Landfill (in metric tonnes per year)
Source of MSW
GAM Direct Haul
Transfer Station
Private sector
Zarqa Municipality
Al Rsifieh Municipality
Itilaf
TOTAL amount of MSW
disposed annually
4.4
2011
3,597
755,497
35,283
98,193
64,181
2,525
2012
70,010
719,832
21,378
115,294
65,530
3,863
2013
14,815
801,933
22,888
141,040
64,884
3,052
2014
34,018
860,123
15,319
129,433
77,172
5,478
959,276
995,907
1,048,612 1,121,543
Project Site
GAM has two sites available for development of the Project, the Al Ghabawi Landfill site and the Al
Shaer Transfer Station site. The location of these sites in comparison to the City of Amman is shown in
Figure 2. Both sites have land available for lease for the Project. Additional information including GIS
data will be provided in the Database of background information. The proposers are encouraged to
provide Proposals for the both sites; however two proposals are not required.
GAM has defined the proposed sites lease cost for the purpose of the Proposals to be as follows:
-
Al Shaer project site land lease: 5,000 JOD/dunam1/year with 5% annual increase after 2 years
of Service Contract signature date; and,
-
Al Ghabawi project site land lease: 500 JOD/dunam/year with 5% annual increase after 2 years
of Service Contract signature date.
Both locations and their general site plans are provided in the Figure 2,Figure 3and Figure 4 below.
Additional information on both sites will be made available through the Database identified in Section
3.7.
1
Dunam= 1,000 m2
18
Figure 2 Locations of the Al Shaer Transfer Station and the Al Ghabawi Landfill
19
Figure 3Al Ghabawi Landfill Site
20
Figure 4Al Shaer Transfer Station Site
4.5
Laws and Regulations Governing the MSW Management
MSW management is regulated by the Environmental Law No.52 issued in 2006 and Solid Waste
Management regulations issued by the Council of Ministers as Solid Waste By-law 27/2005.In addition
to the MSW management regulation of interest in developing MSW processing facility may be the
following documents:
1.
Regulations No. (37) of 2005- Environmental Impact Assessment Regulations Issued by
Virtue of Sub-paragraphs 9 and 11 of Paragraph A of Article 23 of the Environmental
Protection Law No. (1) of 2003
2.
The DRAFT Solid Waste Framework Law; however, this law has not been adopted yet.
3.
Regulation No. (107) of 2009- Regulations of Supplies and work for The Great Amman
Municipality issued pursuant to Article (58) of the Municipalities Act. No. (14) of 2007
4.
Law No. (13) of 2012- Renewable Energy & Energy Efficiency Law
21
5.
The Directive for the Costs of Connecting Renewable Energy Facility to the Distribution
System for Direct Proposals and Competitive Tenders Issued by the Council of Commissioners of
Electricity Regulatory Commission Pursuant to Article (9/B) of the Renewable Energy and Energy
Efficiency Law No. (13) for the Year of 2012
6.
The Directive governing the Sale of Electrical Energy Generated from Renewable Energy
Systems issued by the Council of Commissioners of Electricity Regulatory Commission Pursuant to
Article (10/B) of the Renewable Energy and Energy Efficiency Law No. (13), for the Year 2012;
Copies of these six documents can be found in Appendix 4.
4.6
Compost markets
Potential use for compost made of the processed MSW is as a soil amendment in the anti-desertification
activities. Jordan has identified desertification as an issue of national significance and compost may be a
valuable material for anti-desertification measures. Prospective Proposers are encouraged to explore
this market with the stakeholders involved as follows:
-
Ministry of Environment, Natural Resources Department
-
Ministry of Agriculture
-
Royal Scientific Society
-
Royal Society for the Conservation of Nature
4.7
Industrial waste
The Proposer is encouraged to source and process industrial waste from the Amman area. Proposers can
contact the Jordan Industrial Estates Company (www.jiec.com), governmental agency managing the 18
industrial zones in Jordan, and the Jordanian Chamber of Industry (www.jci.org.jo).
4.8
Electricity Feed-in Tariffs
Energy and Mineral Regulatory Commission (EMRC)has established Feed-in Tariffs for Renewable Energy
in the Hashemite Kingdom of Jordan. These feed-in tariffs provide different tariffs for electricity
generated from waste and electricity generated from biogas. In the case of the WTE facility being
procured through this Tender, the biogas Feed-in Tariff shall apply to any anaerobic digestion (AD)
technology producing biogas for electricity production.
22
The established price for the electricity produced from waste is 90 Fils2/kWh and for electricity produced
from biogas is 60 Fils/kWh. The Reference Pricelist Record for the Calculation of Electrical Energy
Sources Issued by the Council of Commissioners of Electricity Regulatory Commission Pursuant to Article
(2) of The Renewable Energy and Energy Efficiency Law No. (13), for the Year 2012 (original and
translated) is found in Appendix 5.
4.9
Refuse Derived Fuel (RDF) for Power Production
Production of RDF as a final product is an eligible technical solution for the Project. Therefore the
prospective Proposers are encouraged to contact potential off takers of the RDF product and make
specific arrangements on the amount, quality and the price. The proposers are recommended to contact
but not limited to cement companies, RDF fueled power generation units, etc.
4.10 Industrial Fuels from Waste
Production of industrial fuels, such as methane or liquid fuels, as a final product is an eligible technical
solution for the Project. Prospective Proposers are encouraged to review the website of MEMR
(www.memr.gov.jo) legislative icon, or contact the Division Head of Energy & Environment for more
information on industrial fuels from waste.
2
1 Fil= 0.001 JOD
23
5
Anticipated Results of the Tender
This RFP is a “Results Oriented Tender”. Proposals will be evaluated and analyzed against the
anticipated Project results. Project performance will be measured against the expected results as
Proposed, and as contained in the final Service Contract. It is expected that the achievement of specific
results contained in this Tender will benefit GAM’s MSW management system.
GAM is looking to achieve the following specific results through this Tender process:
1) The proposed Project will provide an affordable and financially sustainable solution for GAM.
2) The proposed Project will decrease the amount of waste disposed at the Landfill.
3) The proposed Project will recover valuable materials (recyclables) and potentially compost from
MSW.
4) The proposed Project will recover energy from non-recycled waste as fuel, e.g., refuse derived
fuel (“RDF”), liquid fuels, electricity and/or steam.
5) The Project will be developed by a Contractor that can deliver technology, a management team,
and financial resources to successfully execute a “Design Build Operate Transfer (“DBOT”)”
project.
6) The Project will have an initial processing capacity of 1,200- 1,500 TPD of the MSW with at least
two processing lines. The Project shall be designed to allow further expansion to process
additional MSW currently disposed on the Landfill which is approximately 2,500 TPD.
7) The proposed Project shall create new and safe temporary (construction) and permanent
(operations) jobs for residents of Amman;
8) The proposed Project will complement the existing GAMMSW management system and work in
harmony with the MSW management practices already in place:
a) The proposed Project will accept the waste as collected by GAM.
b) The proposed Project will recognize GAMs effort to collect electrical waste.
c) The proposed Project will operate in conjunction with the Tadweer recycling company
which may accept up to 1,000 TPD MSW from GAM.
d) The proposed Project will operate in conjunction with the Al Shaer Transfer Station.
e) The proposed Project will operate in conjunction with the Al Ghabawi Landfill.
9) The proposed Project will improve the existing GAM MSW management system:
a) The proposed Project will extend the life of the Landfill.
24
b) The proposed Project will lower GAM’s current MSW management system capital and
operating costs.
c) The proposed Project will decrease the environmental impact of GAM’s current MSW
management system
10) The proposed Project shall be an environmentally sound solution for GAM MSW management:
a) The proposed Project will have minimal impact on the air quality by controlling odors,
dust and emissions.
b) The proposed Project will have minimal impact on water resources by limiting water
consumption and minimizing wastewater discharge.
c) The proposed Project will have minimal impact on the land by having no outdoor
storage of waste, preventing spills and ground contamination.
11) The proposed Project shall have a positive impact on the surrounding communities by limiting
noise, light pollution, vehicular traffic and providing positive visual aesthetics.
Tenders will be evaluated based on demonstration of these specific results as listed above.
25
6
Solicited Services
As currently envisioned, and as a result of this RFP process, GAM will select the Preferred Proposer
(consisting of a single entity or a combined Proposal from multiple entities with one lead entity) to
provide the services as outlined in this RFP. These services are summarized below:
1) The Preferred Proposer will design, permit, finance, own, construct, operate, maintain and
transfer (“DBOT”)to GAM the Project.
2) The Proposer may propose technology that can include but not be limited to the following MSW
processing technologies: (i) mixed waste material recovery facility;(ii) anaerobic digestion;(iii)
composting; (iv) thermal processing facility with energy recovery (gasification, pyrolysis, massburn combustion); (v) refuse derived fuel production; and (vi) any combination of these
technologies.
3) The Project shall receive MSW from residents and businesses as collected by GAM.
4) The Project shall have an initial capacity of 1,200 to 1,500 TPD with at least two fully redundant
processing lines.
5) The Proposer shall provide a plan on how it will expand the initial plant to process all the MSW
collected by GAM (and others) as the amount increases due to the population increase over
time, after the following milestones with the Project have been reached:
a) Successfully complete initial acceptance tests.
b) One year commercial operation of the initial Project meeting all guarantees.
c) Successful negotiations for expansion with GAM.
6) The Project may receive MSW from the other municipalities, currently delivering waste to the
Landfill.
7) The Project may receive industrial non-hazardous waste, currently under jurisdiction of the
Ministry of Environment.
8) The Project will recover recyclables and process the non-recycled waste to recover fuel and/or
energy and minimize the amount of residue destined for the Landfill.
9) Residuals from the Project will be accepted for disposal at the Landfill for a tipping fee of 3
JOD/tonne with 5% annual increase after 2 years of the Service Contract signature date, for nonhazardous material.
26
10) The Proposer shall site the Project on the available land at the Al Shaer Transfer Station site or
Al Ghabawi Landfill. The Proposers are encouraged to submit proposal for both sites; however,
two Proposals are not required.
27
7
Proposers Qualification Requirements
7.1
Minimum Technical Requirements
The Proposer must meet certain technical qualifications (to be documented with the Proposal as part of
the Technical Section as noted in Section 8.3.1.). In order to be deemed qualified the Proposers need to
submit:
1) Operating statistics from at least three reference facilities (see Form PF-3 List of Reference
Plants), with a minimum of three consecutive years of operating data, including waste
processed, recyclables recovered, energy/fuel produced, air emissions, water emissions, residue
generation, waste and residue produced, treated and disposed.
2) Qualifying technology types include but are not limited to(i) mixed waste material recovery
facility; (ii) anaerobic digestion; (iii) composting; (iv) thermal processing facility with energy
recovery (gasification, pyrolysis, mass-burn combustion); (v) refuse derived fuel production; and
(vi) any combination of the above technologies.
3) The reference facility must have proven capabilities to process at least 1,000 TPD of MSW.
4) Prototypes or demonstration units are not acceptable as reference facilities. The reference
facilities must be in full commercial operation as of the date of the Proposal submittal. The
MSW processed at the reference facilities should be comparable to the MSW composition in
GAM, as presented in Section 4.2.
5) Each of the reference facilities should be available for a site visit by GAM representatives.
6) Each reference facility must be designed and constructed so that it complies with the technical
requirements and design parameters of the laws and regulations that apply where facility is
located and operated.
7.2
Minimum Financial Requirements
The Proposer must meet certain minimum financial qualifications outlined below:
1) Solvency Ratio (after–tax net profit+ depreciation/long–term liabilities+ short-term liabilities) of
at least 20% as a percentage. The Proposer can propose a Guarantor who meets this
requirement. If a Guarantor is being proposed, the Proposer must supply for the Guarantor all of
the financial information requested for Proposers.
2) Debt-to-Assets Ratio (long-term liabilities + short-term liabilities/total assets) in which lower is
considered better. The Proposer can propose a Guarantor who meets this requirement. If a
28
Guarantor is being proposed, the Proposer must supply for the Guarantor all of the financial
information requested for Proposers.
3) Minimum average annual turnover of an amount at least equal to the estimated capital cost of
the proposed project, calculated as total certified payments received for contracts in progress or
completed, within the last five (5) years.
4) Demonstrated ability to secure the bonding requirements (Section 11.1 and 11.2) and insurance
requirements (Section Error! Reference source not found.) of this RFP.
5) A list of at least three plants of at least 80% of the projected capital cost of the Project to
demonstrate the capability of financing MSW processing facilities.
6) The Proposer and/or the Guarantor should submit its audited financial statements for the last
five (5) years (2010-2014) or if not required by the law of the Proposer’s country, other financial
statements acceptable to GAM for the mentioned period of time to demonstrate the current
soundness of the Proposers financial position and prospective long-term profitability.
7) Ability to provide a Parent Company Guaranty if a subsidiary or special purpose company is to be
established for the Project. The Parent Company must meet the minimum financial qualifications
for the Project.
29
8
General Instruction for Preparation of the Proposals
8.1
Proposal in General
The Proposers are required to format their submissions as described in Section 8.3.
As of the issuance of the RFP, the expected initial operating term of the Service Contract is for 15 to 30
years with an option exercisable by GAM to extend the operations and maintenance services through a
new agreement. Based on the term of construction, and the Proposer’s estimate of the Commercial
Operation Date, all proposed prices shall be the service fees associated with the first 12 months of the
term of the Service Contract. Such costs shall be amounts specified in the Proposal, or as further
negotiated with the Preferred Proposer. If the Proposer elects to propose options or alternatives for
services, the Proposer should construct a new form similar to one of those in this RFP to provide the
cost information for such option or alternative.
The Proposal must be enclosed in a sealed envelope marked “Proposal to Design-Build-Operate-Transfer
a Municipal Solid Waste-To-Energy Facility” which clearly indicates the name and address of the
Proposer and be filed with GAM at the place and by the time specified in the schedule,
Table 1. The Capital, Operations & Maintenance Costs and the Cost Proposal, as explained in the
Financial Section 8.3.2, should be sealed in a separate envelope.
Proposals should contain all of the required documents and be submitted as a document set (including
technical, financial and general sections), containing one clearly marked original, two (2) additional
copies, and one electronic copy on a thumb drive or disk. Incomplete Proposals may not be considered.
Telephone or facsimile Proposals will not be considered. Proposers assume the risk of the method of
delivery chosen. GAM assumes no responsibility for delays caused by any of the delivery services.
Postmarking by the Submission Deadline will not substitute for receipt of actual Proposal. Proposals
received after the Submission Deadline will not be accepted.
In recognition of the complex and potentially innovative nature for the design, construction, operation,
management, and maintenance of highly complex MSW-related management facilities, GAM has
elected that a RFP be used for this procurement, versus a Request for Bids (RFB). Proposals shall become
an ownership of GAM and except for the information announced at the public opening of the proposals,
30
as specified in Section 9.1, will remain confidential. The Cost proposals will be returned unopened to the
non-qualified Proposers.
GAM reserves the right to reject any or all Proposals or portions thereof, to waive any irregularities,
informalities, or technicalities, to reissue or to proceed to obtain the service(s) desired otherwise, at any
time or in any manner considered in GAM’s best interests.
Since certain parts of the Proposer’s response may have a daily design throughput capacity, or
expansion capacity, it is critical that the Proposer clearly present in its Proposal the following
information:
1) The intended disposition of each component of MSW collected by GAM as a result of its MSW
collection activity and received at the Facility;
2) The percent of the waste collected by GAM as a result of its MSW collection activity that will be
intended to be managed by each part of the Project (including a mass-flow diagram);
3) The schedule of capital costs to be invested by the Proposer.
4) The proposed operation and maintenance costs, debt service, return on equity and
administration costs of the Project;
5) The proposed service fee GAM will be paid by the Proposer or will be expected to pay the
Proposer in the Year 1 of operations in 2015 Jordanian Dinars;
8.2
Instructions for Proposals
8.2.1 Language of the Proposal
The Proposal submitted by the Proposer, all correspondence and documents related to the Proposal
exchanged by the Proposer and GAM, and the Tender process shall be written in English, provided that
any printed literature furnished by the Proposer may be written in another language, as long as such
literature is accompanied by a translation of its pertinent passages in English, in which case, for
purposes of interpretation of the Proposal, the translation shall govern.
31
8.2.2 Format and Signing of the Proposal
1) Each Proposer shall prepare and submit one signed and initialed original of its Proposal
(technical, financial and general section) and two(2) copies of the Proposal, clearly marking one
each as “Original Proposal”, “Copy No. 1”, and “Copy No. 2”, as appropriate. In the event of any
discrepancy between the copies and the original, the original shall govern.
2) The original and all copies of the Proposal, each consisting of the documents listed in Section
8.3, shall be typed or written in indelible ink.
3) The person or persons duly authorized to bind the Proposer to the Proposal and Service
Contract shall sign the Proposal by:
a) Signing the original of the Proposal Form;
b) Initialing all of the pages of the original Proposal, except for un-amended printed
literature;
4) The authority of the person or persons signing the Proposal to bind the Proposer shall be
demonstrated by a written and duly notarized power of attorney included in the Proposal and
submitted as part of the Technical Section of the Proposal and which shall bind the Proposer for
the full length of the Proposal Validity Period.
5) The Proposal shall contain no alterations, omissions or additions, unless such corrections are
initialed by the person or persons signing the Proposal.
8.2.3 Sealing and Marking of Proposals
1) Each Proposer shall seal the original and each copy of the Proposal in separate envelopes, duly
marking the envelopes as “Original Proposal” and “Copy No. [Number]”. The envelopes shall
then be sealed in an outer envelope.
2) The one electronic copy on a thumb drive or disk shall be included in the envelope marked with
“Original Proposal”.
3) The Capital, Operations & Maintenance Costs and the Cost Proposal, as explained in the
Financial Section 8.3.2, should be sealed in an inner envelope in the original Proposal and shall
include an original and two(2) copies.
4) The inner and outer envelopes shall,
a) be addressed to GAM at the following address:
Greater Amman Municipality/ Tendering and Procurement Directorate ,
Employees building / 2nd floor - Ras Al-Ein- Omar Matar Street,
32
P.O Box 132, Amman, Jordan
b) Bear the Project name and the statement “DO NOT OPEN BEFORE 12:00 NOON,
SEPTEMBER 7, 2015”.
5) The inner envelopes shall indicate the name and address of the Proposer so that the Proposal
can be returned unopened in the event that it is declared “late”.
6) If the outer envelope or package is not sealed and marked as required by this Section,8.2.3GAM
will assume no responsibility for the Proposer’s misplacement or premature opening. If any of
the outer envelope or package discloses the Proposer’s identity, GAM will not guarantee the
anonymity of the Proposal but this disclosure shall not constitute grounds for Proposal rejection.
8.2.4 Proposal Submission Deadline
1) Proposals must be received by GAM at the address specified in the Section8.2.3(4) no later than
the time and date stated in
2) Table 1 as the Proposal Submission Deadline.
3) GAM may, at its discretion, extend the Submission Deadline by amending the Tender
Documents in accordance with Sections 3.3, in which case all rights and obligations of GAM and
prospective Proposers will thereafter be subject to the Submission Deadline as extended.
4) Each Proposer shall deliver its Proposal by hand or by courier. A Proposer shall not submit a
Proposal by facsimile or electronic means. Each Proposer shall be responsible for the timely
delivery of its Proposal to GAM irrespective of any delivery or local difficulties.
8.2.5 Late Proposals
Any Proposal received by GAM after the Submission Deadline prescribed by GAM, pursuant to Section
8.2.4, will be rejected and returned unopened to the Proposer.
8.2.6 Modification and Withdrawal of Proposals
1) The Proposer may modify or withdraw its Proposals after submission, provided that written
notice of the modification or withdrawal is received by GAM prior to the Submission Deadline.
2) The Proposer’s modifications, if any, shall be prepared, sealed, marked and dispatched as
follows:
a) The Proposer shall provide an original and two (2) copies of any modifications to its
Proposal, clearly identified as such, in two inner envelopes marked “Proposal
Modifications – Original” and “Proposal Modifications – Copies” respectively. The inner
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envelopes shall be in an outer envelope, which shall be duly marked, “Proposal
Modifications”;
b) Cost Proposals of the Proposal Modification should be sealed in separate inner envelope
in the “Proposal Modifications – Original” as well as the “Proposal Modifications –
Copies”; and
c) Other provisions concerning the marking and dispatch of Proposal modifications shall be
in accordance with Section8.2.3
3) A Proposer wishing to withdraw its Proposal shall notify GAM in writing prior to the Submission
Deadline. The notice of withdrawal shall:
a) Be delivered by hand or courier;
b) Be addressed to GAM at the address in Section 8.2.3; and
c) Bear the Project name and the words “PROPOSAL WITHDRAWAL NOTICE.”
4) Proposal withdrawal notices received by GAM after the Submission Deadline will be ignored,
and the submitted Proposal will be deemed to be a validly submitted Proposal.
5) A Proposer may send a notice of withdrawal to GAM electronically or by facsimile but it must be
followed by a signed confirmation copy postmarked no later than the Submission Deadline.
6) No Proposal may be modified or withdrawn in the interval between the Proposal Submission
Deadline and the expiration of the Proposal Validity Period (PVP). Withdrawal of a Proposal
during this PVP may result in the Proposer’s forfeiture of its Proposal Security.
8.2.7 Validity of Proposals
1) Proposals shall remain valid for the period of 180 days after the Submission Deadline, the
“Proposal Validity Period”, or any extension thereof prescribed by GAM for the receipt of
Proposals. A Proposal valid for a shorter period shall be rejected by GAM as being nonresponsive.
2) In exceptional circumstances, GAM may solicit the Proposers’ consent to an extension of the
Proposal Validity Period. The request and responses thereto shall be made in writing and sent
by air mail, courier, fax or electronic mail. If a Proposer accepts to extend the Proposal Validity
Period, the Proposal Security shall also be suitably extended. A Proposer may refuse the request
without forfeiting its Proposal Security. A Proposer granting the request will not be required nor
permitted to modify its Proposal, except as provided in Section8.2.6.
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8.2.8 Proposal Currencies
Proposers shall quote all of their price information in2015Jordanian Dinar.
8.2.9 Proposal Units
Proposers shall use the International System of Units (SI system) in their Proposals.
8.3
Constituting Parts of the Proposal
The purpose of the Proposal is to demonstrate the qualifications, competence, and capacity of the
Proposers seeking to undertake the Project. In order to enhance this process and provide each Proposer
an equal opportunity for consideration, adherence to the following format is required. The items listed
below, and the designated locations thereof, shall be submitted with each Proposal in the order shown.
Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a
Proposer to include all listed items may result in the rejection of its Proposal.
The Proposal may be downgraded if it includes more than one entity and/or lacks a clear and
accountable structure.
The Proposals in order to be recognized as responsive should include the following sections in the
specific order and with the specific content as follows:
8.3.1 Technical Section
The Technical Section shall comprise the following tabs:
1) TAB 1-I Management Summary
a) Include a one page cover sheet that identifies the title, organization(s), Proposer’s
technical and administrative point of contact, including names, addresses, phone and
fax numbers, and e-mail addresses of all proposing entities.
b) Provide a cover letter articulating a complete understanding of GAM’s requirements in
regard to the Project responsibilities; indicating the underlying philosophy of the
Proposer in providing the service and Executive Summary of Proposal (no cost
information should be included in Tab I). The length limit for the Cover Letter is 5 pages.
c) Forms GF-1 through GF-5, in Appendix 1 should be included in this Tab I, along with any
addendum forms that may be submittal requirements.
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d) Proposers that submit proposals as joint ventures (“Joint Venture Proposers”) shall
submit:
i. Copy of the agreement entered into by the Joint Venture Proposers in respect of
the joint venture.
ii. Each Joint Venture Proposer shall submit, a written commitment, in the form of
a letter duly executed by an authorized officer of each joint venture participant,
which,
a. confirms each joint venture participant’s commitment to the joint
venture and acceptance of the joint venture arrangements described in
this RFP in accordance with Section 8.3.1 (1)(e)
b. confirms each joint venture participant’s willingness to provide a joint
and several guarantee to GAM to underwrite the performance of the
joint venture in respect of the Service Contract; and
c. identifies which joint venture participant,
1. will assume the leading role on behalf of the other joint venture
participants; and,
2. Will have the authority to commit all joint venture participants.
e) If the Successful Proposer is a Joint Venture Proposer and the Service Contract is
awarded to the Successful Proposer, the Successful Proposer shall incorporate a
separate legal entity (the “Joint Venture Company”) which shall enter into the Service
Contract with GAM. At the time of Proposal submission, only the intention of the joint
venture participants to incorporate a separate legal entity as required by this Section
8.3.1 (1)(e) needs to be demonstrated. The Successful Proposer shall ensure that the
Joint Venture Company has the full legal capacity to carry out its obligations under the
Service Contract and that it meets all requirements of the applicable law.
2) TAB 1-II Business Plan
a) Include a description of the Proposer including information regarding its primary
business, its background and history, its organizational structure, waste management
program, and the number of employees. This section should contain any additional
information about the company that may assist GAM in better understanding its
qualifications.
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b) Proposer shall provide professional licenses held by any and all key staff members of the
Project Team including design/engineering firms, certificates of current professional
liability insurance and any associations of which they hold membership.
c) Briefly state the Proposer's understanding of the services being sought by GAM.
i. Describe the Proposer's general experience in providing services of the nature
GAM seeks and provide a list of clients to whom similar services have been
provided.
ii. Evidence of technical expertise in analysis, evaluation and successful
implementation of the Project being proposed.
iii. Discuss the Proposer’s familiarity with the institutional and financial issues
involved in establishment of the proposed Project.
iv. Discuss the Proposer's ability to assess the risks, costs, and social and
environmental impacts associated with the proposed Project.
v. Explain the Proposer's knowledge and understanding of applicable laws; discuss
experience working with the similar regulatory agencies.
vi. Provide any other pertinent data, information and other extraordinary
circumstances, which will clearly demonstrate their unique ability to provide the
required design and/or construction services in a manner not detailed previous
within this RFP.
vii. Include specific detail of every compliance or regulatory allegation,
investigation, citation, or order of any nature from any Governmental or
regulatory agency, including any litigation, in the past five years, incurred by the
Proposer, any proposed Subcontractor, or Parent Company and provide what
measure the entity took to abate the infraction, allegation, order, or litigation.
d) Staffing
i. A detailed staffing plan setting out the Proposer’s proposed staffing
arrangements for the carrying out of the Design-Build activities and then the
Operations and Maintenance Services. The Staffing Plan shall include the
following:
a. Two sub-sections, (one for the Design-Build Services and one for the
Operations and Maintenance Services) each entitled the “Staffing
Chart” and each consisting of a chart setting out a list of all proposed
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personnel positions, the role of each position, the duration of existence
of the position, and the location of the staff person filling the position
during the periods of assignment to carry out the project as proposed.
Where possible specify the expected positions to be occupied by
Jordanians.
b. A section entitled “Summary of Staff Qualifications” which consists of a
summary table setting out, for the Key Staff positions, the names of the
Proposer’s employees who will occupy the Key Staff positions; and all
proposed positions for the Operator’s Personnel and the qualifications,
years of experience and areas of expertise, including a clear indication
of the expertise that the staff will provide for the Project, for each of the
proposed positions. Because of the scope and complexity of the Project,
the City expects that the Project Manager will be a principal
experienced in these types of MSW services. Identify specifically other
contracts on which the Project Manager identified above is currently
working, or has worked, and give assurances that he/she will be able to
provide the necessary oversight and attention to this Project.
c. Section entitled, “Curriculum Vitae” (CV) which contains the signed
curriculum vitae for each of the Key Staff, in the format set out in Form
GF- 7 in Appendix 1 to the Tender Documents. The CVs of each such
person shall be attached to the proposal, (limit of 2 pages each). The
Proposer shall also identify the person who will be the primary day-today contact with GAM and any alternate personnel to be assigned to
the engagement. Client references shall be included.
ii. A list of all nominated subcontractors and sub consultants and a detailed
description of the services to be carried out or the Plant and Equipment to be
provided by the nominated subcontractors and sub consultants.
e) Plan for supervisory interface describing how the Proposer intends for its supervisory
personnel to communicate with GAM during the Service Contract period.
f)
Contingency Plan demonstrating the Contractor’s arrangements to provide facilities,
equipment, and personnel and to maintain uninterrupted service, subject to a Force
Majeure event.
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3) TAB 1-III Technical Proposal
a) Executive Summary must provide a summary of the technology proposed including:
i. Project Approach - Proposer shall include a description of its technical approach
for the proposed scope of services;
ii. Type(s) and amount of MSW to be processed;
iii. Description of the technology(ies) to be used for the Project;
iv. The Proposer shall provide a chart summarizing all services provided by
Proposer(s) and key deliverables and responsibilities/requirements of GAM
(financial and other).
b) Performance Information
i. Indicate both the daily design and the expected throughput of MSW per year
and the amount of each anticipated by-product and final products (material
flow chart).
ii. A mass balance of the proposed Project showing the amount of MSW to be
processed and the amount of discreet end products (recyclables, organics, RDF,
biogas, compost) that will be produced.
iii. As applicable to the proposed technology (ies), air and water emissions
associated with fuels, wastes, by-products, or residues, electrical energy and
material inputs for all Parts of the Proposal shall be presented. Potential
benefits associated with the energy and/or material recovery, displacing
(avoiding) energy, GHG reduction, and/or materials production from virgin
resources should also be delineated.
iv. Completed performance guarantees forms, Form PF-1 and PF-2 from Appendix
1.
v. Indicate how employees and relevant personnel will be trained in, and equipped
with, personal protective equipment to ensure their health and safety and the
health and safety of the public and how that training, equipment and use of the
equipment will be maintained.
vi. Indicate how employees will be properly trained in the application of applicable
environmental laws to ensure their compliance and how compliance will be
maintained.
c) Reference Plant listings- Completed reference form, Form PF-3 Appendix 1.
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Failure to provide complete and accurate client information, as specified here, may result in
the disqualification of the Proposal or cancellation of the Project and Proposer’s suspension
or debarment from further business with GAM. While not a requirement, references for
similar work within the Kingdom of Jordan are encouraged and shall also be included as part
of this Tab III.
d) Design-Build Work Plan including a schedule setting out the manner in which the
Proposer proposes to carry out the design-build services as defined in the Section 6.
The Design-Build Work Plan shall be divided into the following sections:
i.
Section entitled “Drawings” which consists of conceptual drawings that are
sufficiently detailed to communicate the Proposer’s design intent for all
components of the proposed MSW processing facility. The conceptual drawings
shall include the following:
a. a site plan showing the location of the operator’s access and egress, staging
area and limits to the operator’s construction activities;
b. a site plan showing all proposed works: development of the basic plant and the
expansion;
c. a detailed narrative in support of the conceptual drawings;
d. a detailed program and schedule setting out the proposed sequence of works
to be undertaken, including estimated start date, finish date and time
allocations for individual components of the works, proposed resources to be
allocated and the identification of all major milestones, including the
submission of schematic design documents, design development documents,
the Design-Build Documents and the commissioning of individual components
of the Project, plan and schedule for the project expansion;
e. an itemized list of the principal codes of practice and standards proposed to be
used for the Design-Build Services; and
f. All system monitoring and data acquisition systems, as well as the database
structure and their functionality.
ii.
Section entitled “Equipment” which consists of a list of proposed suppliers of
major pieces of Equipment including fixed and mobile equipment and materials.
The Proposers shall provide either catalogue cuts or detailed information with
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respect to manufacturer and source, model designation, primary specifications,
and year of manufacture, as applicable;
e) Operations and Maintenance Work Plan (the “Operations Work plan”) setting out the
manner in which the Proposer proposes to carry out the operation and maintenance of
the Project. The Operations Work plan shall be divided into the following sections:
i. “Operations Start-up” section which provides an outline contents and overview
of the Proposer’s proposed plans and programs for operational start-up of the
Project; and
ii. “Operations and Management Plan” section which provides an outline contents
and overview of the Proposer’s proposed plans and programs for facility
operation of the basic plant as well as the expanded one, and a key elements of
the preventive maintenance program.
8.3.2 Financial Section
1) TAB 2-I Capital, Operation and Maintenance Costs:
a) Completed Proposer’s Forms PF-4 though PF-6 from Appendix 1.
2) TAB 2-II Cost Proposal should include the following:
a) The payment to or cost to GAM for the performance of all of the services described in
the Proposal on JOD/per tonne basis. The Proposers are encouraged to submit two
JOD/tonne numbers as follows:
i.
Service fee in JOD/tonne of waste processed for the Project built on the Al Shaer
site; and
ii.
Service fee in JOD/tonne of waste processed for the Project built on the Al
Ghabawi site
The Cost Proposal can be positive value, meaning GAM will pay the Contractor, or
negative value, indicating that the Contractor will pay GAM for the MSW delivered.
b) Completed Proposer’s Consolidated Cost Form, Form PF-7 in Appendix 1.
c) Completed Annual Cost Adjustment Proposal (CAP) Form, Form PF-8 in Appendix 1.
3) TAB 2-III Financial Analysis
a) Include the financial proposal Forms PF-9 through PF-17.
b) Identify any assumptions for the proposed financial model, including capital investment
plan for the Project, including the buyout or expansion of the initial Plant.
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c) The financial analysis shall include a statement of assumptions used (including tonnage),
a breakdown of annual operating expenses, and capital investment for the operation
and maintenance. Revenues assumed to be generated (exclusive of Service Fee being
proposed) should similarly be identified by source.
d) Present in details the plan for transferring the ownership of the facility to GAM after the
initial Service Contract term
e) Present members of the financing team, i.e. investment banker, law firm(s), issuing
agency desired, source(s) of equity, bonding sources, etc.
f)
Financial Capability. Proposer must specifically address how it meets the Minimum
Financial Requirements of this RFP as presented in the Section 6).
8.3.3 General Section
1) TAB 3-I Power of Attorney- Each Proposer shall provide a written power of attorney.
2) TAB 3-II Commissions and Gratuities- Each Proposer shall provide detailed information listing all
commissions and gratuities, if any, paid or to be paid by the Proposer to agents relating to this
Proposal or the Service Contract if the Proposer is awarded the Service Contract. The Proposer
shall list the name and address of any agents, the amount and currency paid or to be paid to the
agents and the purpose of the commission or gratuity. If no such commissions and gratuities
have been paid, the Proposer shall clearly state it in Tab V of the Technical Section of its
Proposal.
3) TAB 3-III Exceptions- If the Proposer takes an exception to any provision or requirement of this
RFP, the exception must be clearly indicated in the Response to this RFP; provided, however,
that excessive (as measured by either number or magnitude in GAM’s sole determination)
exceptions listed by a Proposer may result in disqualification.
4) TAB 3-IV - Other Supporting Material- Proposers may include material that details or amplifies
the description of its technology, project and experience. Proposers can subdivide this section in
any way that conveniently organizes its supporting material. GAM cannot guarantee that any
material included in this section will be used in the evaluation of the proposal.
The Proposer must submit the items in the order shown. Each section should be labeled, with pages
numbered, and separated by tabs. Failure to include all listed items may result in the rejection of the
Proposal.
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9
Proposals Opening and Evaluation
9.1
Opening of the Proposals
1) GAM shall open the Proposals, including withdrawals and modifications made pursuant to
Section 8.2, which were submitted prior to the Submission Deadline. This will be done in the
presence of the Proposers’ representatives who choose to attend the opening; and at the time,
date and location specified in the
2) Table 1.
3) Proposers’ representatives who attend the opening of the Proposals shall sign a register to
record their attendance.
4) Envelopes marked “Withdrawal” shall be opened first and the name of the Proposer shall be
read out. Proposals for which an acceptable notice of withdrawal has been submitted pursuant
to Section 8.2.6 shall not be opened.
5) At the Proposal opening, GAM will announce:
a. the Proposers’ names; and,
b. Proposal modifications and withdrawals.
6) Subsequently, GAM shall open and read, in appropriate detail as determined by GAM, all
envelopes marked “Modification”. GAM shall not reject any Proposals at the Proposal’s opening
except for late Proposals in accordance with Section 8.2.5.
7) GAM shall prepare minutes of the Proposals’ opening including the information disclosed to
those present in accordance with Sections 9.1(2) and 9.1(3).
8) Proposals not opened and read out at the Proposal opening shall not be considered further for
evaluation, irrespective of the circumstances.
9.2
Clarification of the Proposals
During Proposal evaluation, GAM may, at its discretion, ask the Proposer for clarifications of any aspect
of its Proposal. The request for clarification and the response from the Proposer shall be in writing. No
change in the price or content of the Proposal shall be sought, offered or permitted.
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9.3
Evaluation Committee
GAM shall set up a special purpose committee which shall be responsible for evaluating the
Proposals.GAM shall appoint the members of the Evaluation Committee.
The members of the Evaluation Committee shall be prohibited from participating directly or indirectly in
the preparation and/or submission of any Proposal, and shall be prohibited from providing any
assistance to any perspective Proposer for the purposes thereof.
9.4
Preliminary Examination of Proposals
1) The GAM Evaluation Committee will examine each Proposal to determine whether it is
complete, whether any computational errors have been made, whether required securities have
been furnished, whether the documents have been properly signed, and whether the Proposal
is generally in order.
2) Arithmetical errors in the Proposals will be rectified on the following basis:
a) If there is a discrepancy between subtotals and the total price, the unit or subtotal price
shall prevail, and the total price shall be corrected; and
b) If there is a discrepancy between words and figures, the amount in words shall prevail.
The Proposers will be notified about the arithmetical errors, and if the Proposer does not accept
the correction of arithmetical errors, its Proposal shall be rejected.
3) The GAM Evaluation Committee may waive any minor informality, nonconformity or irregularity
in a Proposal that does not constitute a material deviation, and that does not prejudice or affect
the relative ranking of any Proposer as a result of the technical and price evaluation pursuant to
Sections 9.6.
4) Prior to the detailed evaluation, the GAM Evaluation Committee will determine whether each
Proposal is of acceptable quality, is complete and is substantially responsive to the RFP. For
purposes of this determination, a substantially responsive Proposal is one that conforms to all
the terms, conditions and specifications of the RFP without material deviations, objections,
conditionality or reservations.
5) If a Proposal is not substantially responsive, it will be rejected by the GAM Evaluation
Committee, and may not subsequently be made responsive by the Proposer by correction of the
nonconformity. The GAM’s Evaluation Committee determination of a Proposal’s responsiveness
44
is to be based only on the contents of the Proposal itself without any additional sources of
information.
9.5
Minimum Technical and Financial Qualification Evaluation
The Minimum Technical and Financial Qualifications, as per Section 7.1 and Section7.2, of the Proposals
identified as responsive and complete as identified during the “Preliminary Examination”, shall be
evaluated as follows:
1) The Evaluation Committee will evaluate the qualifications submitted in the Proposals against the
requirements in this RFP.
2) The Proposals that meet the minimum requirements will undergo further detailed evaluation of
the technical and financial sections of the Proposal.
After this step is completed the list of the qualified Proposers will be announced and period of four (4)
days will be allowed to challenge the results by the Proposers.
9.6
Detailed Proposal Evaluation
Detailed evaluation of the Technical and Financial sections of the Proposals identified as complete, as
described in Section 9.4, and meet the Minimum Technical and Financial requirements, as specified in
Section 7.1 and Section 7.2 of this RFP will be evaluated in detail and scored infour major evaluation
criteria as follows:
a) Technical criteria;
b) Environmental and Sustainability criteria; and
c) Financial and Institutional criteria
d) Proposal Price;
The GAM Evaluation Committee will carry out the detailed evaluation of the information supplied by
Proposers, taking into account the completeness, consistency and level of detail provided, in two steps
as follows:
Step 1: Evaluation and scoring on the Technical, Environmental and Sustainability Criteria; and Financial
and Institutional criteria.
1) All Proposals are going to be evaluated against the anticipated Project results, as described in
Section 5, and will be scored on the following primary and sub criteria:
a) Technical criteria;
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i.
Amount of MSW to be processed (Daily Design Basis)
ii.
Type of waste processed
iii.
Proposed Design-Build Project Plan
iv.
Proposed facility Expansion Plan
v.
Proposed Operations and Maintenance Work Plan
vi.
Integration in the existing solid waste management (SWM) system
b) Environmental and sustainability criteria;
i.
Percentage of MSW diverted from Landfill
ii.
Percentage of MSW recovered as recyclables and/or compost
iii.
Percentage of MSW used for production of energy/fuel
iv.
Impacts to the air quality related to MSW processing
v.
Impacts from odors and dust related to MSW handling
vi.
Project Site
vii.
Land impact
viii.
Light pollution impacts
ix.
Vehicular Traffic impacts
x.
Aesthetics
xi.
Noise Potential
c) Institutional and financial criteria
i.
Years In Business
ii.
Geographical Location of the reference projects
iii.
Corporation or LLC
iv.
Anticipated New Long term Employment (jobs)
v.
Experience Working with Municipalities/Agencies on Infrastructure Projects of
Similar Type & Size
vi.
Proven History with Proposed Team (prime and subcontractors)
vii.
Project Team Key Staff Qualifications (prime and subcontractors)
viii.
Flexibility and adaptability of Proposal, e.g. contingency plans, risk assessment
ix.
Project schedule proposed
x.
Supervisory interface Plan
xi.
Ownership Transfer Plan
xii.
Overall quality of the proposal (look, feel, organization, responsiveness)
46
2) The primary and sub criteria the criteria are developed in order to cover all the important
details of the proposal as follows:
a) Technical criteria will look into but not be limited to the type of the proposed
technology, applicability to the City of Amman, amount of MSW processed, final
marketable products produced, including:
i.
with respect to the Design-Build Work Plan,
1. the Proposer’s ability to demonstrate how it will meet GAM’s project objective
and requirements, the technical standards, including equipment specifications,
functionality, performance history, reliability; and
2. the soundness of the proposed methodology and approach, and the extent to
which the Design-Build Work Plan demonstrates an understanding of the local
conditions and specific project requirements;
ii. with respect to the Operations Work plan,
1. the extent to which the Operations Work Plan addresses all of the Operations
and Maintenance Services that are to be provided;
2. the soundness of the proposed methodology and approach, and the extent to
which the Operations and Maintenance Work Plan demonstrates an
understanding of the local conditions and specific project requirements; and
b) Environmental and sustainability criteria will evaluate if the proposed solution meets
the environmental requirements for permitting and siting, how much waste will be
diverted from the Landfill, the potential airborne and waterborne emissions, and how
the proposed technical solution will be in line with the City of Amman, country
environmental and sustainable goals.
c) The institutional criteria will evaluate in detail the qualifications of the members of the
project team to successfully execute the proposed project. It will look into the financial
strength of the Proposer and the capabilities to finance the proposed project. These
criteria will evaluate and score, but not be limited to, the following:
i. with respect to the Staffing Plan,
1. The qualifications and competence of the Key Staff; and
2. The overall quality of the Staffing Plan, including the depth and
organizational strength demonstrated by the Plan.
ii. With respect to the Financial Analysis,
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1. The applicability of the assumptions for the proposed financial model,
including capital investment plan in the City of Amman case;
2. Availability of the revenues identified to be generated (exclusive of
Service Fee being proposed) in the City of Amman case;
3. Acceptability of the plan for ownership transfer;
4. Qualifications of the proposed members of the financing team, i.e.
investment banker, law firm(s), issuing agency desired, source(s) of
equity, bonding sources, etc.
5. Financial Capability of the Proposer
3) The Proposals shall be given scores for each of the sub criteria within the major criteria under
the Section 9.6.1)
4) The top five or six proposals with highest scores from the Step 1 of the detailed evaluation will
qualify to be further evaluated in the Step 2.
Step 2: Evaluation Committee will hold a public opening of the separately sealed Capital, Operating and
Maintenance Cost, and Cost Proposal envelopes. At this point the Proposal Price will be included in the
detailed evaluation and the scoring of the top five or six qualified proposals from Step 1 of the detailed
evaluation.
9.7
Scoring System
The scoring of the Proposals will follow the Step 1 and Step 2 of the detailed evaluation as described in
Section 9.6. During Step 1 of the detailed evaluation scores will be assigned to the Technical,
Environmental and Sustainability, and Financial and Institutional criteria. After Step 1 is completed the
top five or six proposals with highest scores will be evaluated and scored with the addition of their Price
Proposal. The scoring of Proposals will as follows:
9.8
i.
Technical Criteria – 20%
ii.
Environmental and Sustainability Criteria – 20%
iii.
Financial and Institutional Criteria – 20%
iv.
Proposal Price 40%
Shortlisted Proposers and Interviews
After the detailed evaluation of the Proposals in accordance with Section 9.6, and the scoring in
accordance to Section 9.7 are completed, the top three Proposers with the highest total scores maybe
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invited for interviews by the GAM Evaluation Committee. It will be the sole right of the GAM Evaluation
Committee to decide how many companies to shortlist and invite for interviews. GAM reserves the right
not to invite any Proposers for interviews. The dates and times of the interviews will be announced to
the shortlisted Proposers after the detailed evaluation and scoring has been completed.
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10 Service Contract
10.1 GAM’s Right to Accept or Reject and Waive Irregularities
1) GAM reserves the right to:
a) Accept any Proposal;
b) Reject any Proposal;
c) Annul the Tendering Process and reject all Proposals;
d) Annul the Tendering Process and commence a new process; and,
e) Waive irregularities, minor informalities, or minor non-conformities which do not
constitute material deviations in the submitted Proposals from the Tendering
Documents,
at any time prior to the final signing of the Service Contract, and without incurring any liability to
the affected Proposer or Proposers, and without any obligation to inform the affected Proposer
or Proposers, of the specific grounds or justification for GAM’s actions.
2) Nothing in Section 10.1(1) is intended to permit GAM to refuse to provide reasons for rejection
to an unsuccessful Proposer.
10.2 Selection of Preferred Proposer
After the Interviews of the shortlisted Proposers are completed the detailed evaluations scores shall be
reviewed and updated and the Preferred Proposer(s) will be identified. The selection of the Preferred
Proposer(s) will be that Proposal determined to be the most advantageous to GAM based on the
evaluation factors set forth in this RFP. Although price will be considered, it will not be the sole
determining factor. Prior to the expiration of the Proposal Validity Period, GAM shall notify the
Preferred Proposer in writing by courier that its Proposal has been selected by GAM to start Service
Contract negotiations.
10.3 Signing the Service Contract
The Service Contract will be developed based on the FIDIC DBO Contract Guide from the 2008 Gold
Book, 1st Edition. Prior to signing the Service Contract the Preferred Proposer will have to register as a
Jordanian Business Entity as specified in the Jordan Contractors Association Law No (13) for year 1987
that can be found as part of the Appendix 4 of this RFP. Once the negotiated Service Contract is signed
50
by both GAM and Preferred Proposer, the later will become the Contractor. The Contract Service will be
signed in English followed by an authorized translation in Arabic language.
10.4 Performance Security
No later than 28 days after the Service Contract is signed by both GAM and the Preferred Proposer, the
Contractor shall provide GAM with the Performance Security in the amount as per the instruction in
Section11.2and in the substance and form set out in Appendix 1 or in another form approved by GAM.
10.5 Corrupt or Fraudulent Practices
GAM requires that the Proposers, suppliers and subcontractors under contracts with GAM, observe the
highest standard of ethics during the procurement and execution of such contracts. In pursuance of this
policy, GAM,
1) defines, for the purposes of this provision, the terms set forth below as follows:
a) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the action of a public official in the
procurement process or in contract execution; and
b) “fraudulent practice” means a misrepresentation or omission of facts in order to
influence a procurement process or the execution of a contract;
c) “collusive practice” means a scheme or arrangement between two or more Proposers,
with or without the knowledge of GAM, designed to establish bid prices at artificial,
non-competitive levels; and
d) “Coercive practice” means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the procurement process or
affect the execution of a contract.
2) will reject a Proposal for award if it determines that the Proposer recommended for award has,
directly or through an agent, engaged in corrupt, fraudulent collusive or coercive practices in
competing for the contract in question; and
3) will sanction a firm or individual, including declaring them ineligible, either indefinitely or for a
stated period of time, to be awarded a contract with GAM if it at any time determines that they
have engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in
executing, a GAM-financed contract.
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11 General Conditions
1) Before submitting a Proposal, a prospective Proposer should become familiar with and must at
all times comply with the laws of the Hashemite Kingdom of Jordan.
2) Neither GAM nor any of its advisors or consultants may be held liable in the event that a court
of competent jurisdiction or other governmental authority declares the RFP and Tender Process,
selection and/or award invalid or sets it aside, for any reason whatsoever at any future date. For
avoidance of doubt, and following the signing of the Service Contract, the rights and obligations
of the parties to the Service Contract shall be governed by the Service Contract.
3) The information contained in the RFP does not constitute a binding obligation of GAM or any of
its advisors or consultants to select a Preferred Proposer.
4) Requesting and/or receiving Proposals or any other information or document will not constitute
an invitation or commitment by GAM, or any of its advisors or consultants, to enter into any
agreement, undertaking or covenant with a Proposer.
11.1 Proposal Security (Proposal Bond)
In the Financial Section of its Proposal, the Proposer shall provide their Proposal security in the amount
equal to not less than 5% of the annual cost of services for the first year of commercial operations as
described in the Proposal, in the 2015 Jordanian dinars (the “Proposal Security”).
The Proposal Security shall, at the Proposer’s option, be in the form of a certified check, but only if the
certified check shows a validity date or a bank security from a reputable bank selected by the Proposer
and located in the Hashemite Kingdom of Jordan. If the institution issuing the security is located outside
Jordan, it shall have a correspondent financial institution located in Jordan to make it enforceable. The
format of any bank guarantee provided by a Proposer shall be in accordance with form GF-5 Form of
Proposal Bond of contained in Appendix 1 to the Tender Documents. Other formats may be permitted,
subject to the prior written approval of GAM. The Proposer shall ensure that the Proposal Bond remains
valid for a period of 30 days after the end of the original 180 day Proposal Validity Period, as defined in
Section (1), and 30 days after any extension subsequently approved in accordance with Section 3.5(2).
Any Proposal not accompanied by an acceptable Proposal Security shall be rejected by GAM as being
non-responsive. The Proposal Security of a joint venture must be in the name of all of the participants in
the joint venture submitting the Proposal.
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GAM will return the Proposal Securities of the unsuccessful Proposers as promptly as possible, after the
announcement of Successful Proposer .The Proposal Security of the Preferred Proposer will be returned
when the Proposer has signed the Service Contract and has provided the required performance security.
The Proposal Security may, in the discretion of GAM, be forfeited,
1) If the Proposer withdraws its Proposal during the Proposal Validity Period; or
2) In the case of the Preferred Proposer, if the Preferred Proposer fails within the specified time
limit,
a) To execute the Service Contract; and,
b) To furnish the performance security to GAM in accordance with Section11.2.
11.2 Performance Bond and Guarantees
1) Construction Phase Bonds
a) The Contractor must provide a Payment and Performance Bond in the amount of the
Capital Cost under the Service Contract.
2) Operating Phase Security
a) The Contractor must provide an annually renewable Letter of Credit (LOC) in the
amount of approximately 25% of the projected annual service fees GAM would pay or
would be paid by the Contractor. The LOC shall be solely for the protection of GAM.
Any attorney-in-fact who signs a LOC must file a certified copy of his power of attorney
to include effective date.
b) The LOC shall be an irrevocable direct pay letter of credit issued by a bank whose longterm debt is rated "A" or better by a Rating Service and which maintains a banking office
in the Hashemite Kingdom of Jordan.
c) The LOC shall be continuously renewed, extended or replaced so that it remains in
effect over the life of the Service Contract and until 180 days after the termination of
the Service Contract and shall be issued in the form acceptable to GAM.
d) As part of the Service Contract, it will be required that all Project work and performance
shall be fully guaranteed by the Contractor unless otherwise stipulated in writing in the
Service Contract or negotiated otherwise prior to the date of conditional acceptance.
During this period, which will be part of the Service Contract, all technical errors
discovered by GAM shall be addressed by the Contractor in a satisfactory manner at no
cost to GAM. In addition to a warranty inspection, GAM may conduct independent
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inspections, at its own expense, of the work at any time prior to the completion of the
construction/testing phase of the Project.
11.3 Insurance Requirements
1) The selected Proposer shall have, and maintain if selected as Contractor, the Required Insurance
(as defined below), which shall be on an “occurrence” basis, from companies licensed to write
policies in the Hashemite Kingdom of Jordan. The insurance company shall have a rating of “A”
or higher, and be acceptable to GAM.
2) The Proposer shall submit Certificates of Insurance with the Proposal to demonstrate and
identify the policies providing currently effective Required Insurance coverage.
a) The Certificates of Insurance shall indicate the type and amount of coverage, any
applicable deductibles and/or self-insured retentions, the effective date and expiration
date of all policies, and shall contain the following statement:"The insurance covered by
this certificate will not be cancelled or materially altered, except after 30 days’ prior
written notice has been received by GAM."
b) Each Certificate of Insurance shall verify that GAM is included as an additional insured
and the Contractor shall provide an original additional insured endorsement to GAM
from the insurer within 30 days after the signing of the Service Contract.
3) The Contractor shall require its Subcontractors to obtain insurance and shall be responsible for
enforcement of its Subcontractors’ obligations to obtain insurance, at limits appropriate to the
exposures of the Subcontractors’ work.
4) The Contractor shall be solely responsible for any and all claims arising out of the operations of
the Contractor, its Subcontractor, or any agent, servant or employee of either, and the
Contractor shall indemnify and hold harmless GAM, its officers, agents, and employees. The
Contractor’s provisions of insurance shall not diminish its obligation to indemnify GAM, which
obligation shall not be limited to the limits of insurance provided and shall survive the expiration
or other termination of the Service Contract.
5) The Required Insurance, at a minimum, shall include:
a) Insurance for works and Contractor’s equipment: the insuring parties shall insure the
works plant and material and Contractor’s documents for not less than the full
reinstatement cost including the cost of demolition removal debris and professional fees
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and profit. The insuring party shall insure Contractor equipment for not less than full
replacement value (115% of accepted value).
b) Insurance against injury to persons and damage to property: the insuring party shall
insure against each party’s liability for any loss, damage, death, or bodily injury to any
physical property or any person which may arise out of Contractor performance of the
Service Contract.
c) Insurance for Contractor’s personnel: the Contractor shall affect and maintain insurance
against liability for claims, damages, losses and expenses arising from injury, sickness,
disease or death of any person employed by the Contractor or any other of the
Contractor’s personnel.
The contractor is the insuring party, the insurance certificate shall confirm on counterpart
liabilities (Contractor and owner) (cross liabilities).
11.4 Permitting Requirements
The successful Project shall undergo the permitting procedure as defined by the Regulations No. (37) of
2005- Environmental Impact Assessment Regulations Issued by Virtue of Sub-paragraphs 9 and 11 of
Paragraph A of Article 23 of the Environmental Protection Law No. (1) of 2003, in Appendix 4 of this RFP.
It shall be the Contractor’s responsibility to successfully permit the Project.
Ministry of Environment of Jordan will take an active role in providing necessary support during the
permitting process of the Project.
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