Development of Policy, Legal, and Insitutional Framework for - ppiaf

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Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi Final Report The following will be grounds for rejection of the Proposal: The Plant that does not conform to the Minimum Functional Specification as stipulated in Appendix A and Appendix B of the Model PPA; Incomplete scope, ill-defined site or contractual interfaces, or open assumptions (e.g. subsurface conditions at the Plant Site, future market conditions for coal in Malawi); Relaxation of environmental standards; Proposed manufacturers of steam-generator, steam-turbine and electricalgenerator plant without a track record of satisfactory commercial performance of similar equipment of no less than fifteen thousand (15,000) hours on at least one other project (with experience reference sheets to be provided to confirm compliance); The Responsiveness Evaluation – Technical (refer Annex III B) will be applied in the First Step Evaluation (refer Section 6.5) to confirm technical responsiveness of the Proposal. (iii) Financial Requirements Proposals may be rejected under the following conditions: A signed Price Proposal letter is not provided with the form specified in Form G and the signature of a duly authorized official; The Tariff offered by the Bidder in the form I does not comply with the structure and pricing mechanisms specified in the Section 5.3.2; The Proposal rely on Government privileges, concessions and/or guarantees; Cost and Risk of Proposals Bidders shall bear all costs, including those of professional advisors, incurred by them in preparing and submitting their Proposals, executing the Model PPA and finalising financing regardless of the conduct or outcome of the evaluation process, or subsequent finance-ability of the Project. Neither PPC, nor any Government Instrumentality, nor any Representative of these parties shall have any liability whatsoever to any Bidder in respect of any decision taken by Bidders in relation to their bids whether or not in reliance on any matter supplied by PPC, any Government Instrumentality, or any of their Representatives. THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 182
Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi Final Report Interest and Exchange Rate Movements The Bidder shall bear all risks associated with movements in interest rates and exchange rates over the period up to the expiration of the original Proposal validity period. In the event that PPC asks the Bidder to extend the period of validity for a specified period, the Bidder may extend the bid validity as requested by PPC without any change in the proposal. Proposal Validity Each Proposal shall constitute a firm offer and one that shall remain valid and open for acceptance for a period of six (6) months following Bid Closing. During this period the proposed Tariff shall remain valid and no Bidder shall withdraw its Proposal. Any Proposal offering less than the stipulated Proposal validity period will be rejected. Prior to the expiration of the original Proposal validity period, PPC may ask one or more of the Bidders to extend the period of validity for a specified period. The request for an extension to the original validity date and the responses to it shall be made in writing. If any Bidder does not agree to such extension, it may advise PPC of its decision in writing prior to the expiration of the original period without forfeiting its Bid Security, and withdraw its Proposal. If, following the issuance by PPC of a notice of extension, PPC prior to the expiration date of the original validity period does not receive a notice of withdrawal, the extension shall be considered to have been accepted by the Bidder and the Bidder shall extend the effective period of the Bid Security accordingly or be disqualified. A Bidder agreeing to the request will not be permitted to modify its Proposal, and will be required to extend the validity of its Bid Security accordingly. The provisions of Section 4.9 regarding release and forfeiture of Bid Security shall continue to apply during the extended period of Proposal validity. Securities Bid Security A Bid Security payable in Malawi shall be furnished to PPC with the Proposal. The Bid Security shall be to the value of: (Amount) This security shall be in the form of a bank guarantee issued by a reputable local bank or foreign bank operating in Malawi, in the form provided in Annex II. The Bid Security shall be valid for a period of not less than seven (7) months from Bid Closing. Any Proposal not accompanied by a Bid Security complying with this Section will be rejected. The Bidder shall forfeit the Bid Security without any notice, demand, or other legal process: THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 183
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Development of Policy, Legal, and Insitutional Framework for - ppiaf

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