Tender 1/2018 Request for Existing Plant Pre-Qualification for the Power 2022 Procurement Process Oman Power and Water Procurement Company SAOC 3 September 2018 Addendum 1 to the REPPQ NERA Economic Consulting Curtis, Mallet-Prevost, Colt & Mosle LLP WS Atkins 1
Explanatory Notes 1. This document is issued by OPWP as Addendum 1 to the Request for Existing Plant Pre-Qualification for the Power 2022 Procurement Process (the REPPQ ). 2. This addendum provides the amendments to the REPPQ main body dated 13 June 2018. 3. This addendum provides the following revised documents to be used by Applicants: (a) Appendix A Schedule 4 (b) Appendix A Schedule 7 Form 1 (c) Appendix A Schedule 7 Form 4 (PPA) (d) Appendix A Schedule 7 Form 4 (PWPA) (e) Appendix A Schedule 7 Form 9 (f) Appendix A Schedule 7 Form 9 (PPA)-Part II-2 (g) Appendix A Schedule 7 Form 9 (PWPA)-Part II-2 (h) Appendix H (i) Appendix I 4. This addendum introduces and incorporates the following documents as part of the REPPQ: (j) Appendix A Schedule 13 Form of Appointment of Nominee Letter (k) Appendix A Schedule 14 Form of Letter 2
1. Glossary of Terms Applicant A Registered Existing Generator, which submits an SOQa in response to this REPPQ. To include new definitions related to change no. 2 and change no. 11. Combined Bid Bond Has the meaning given to it in Section 2.8.8. Contract Year 1 Existing Lender Nominee Nominee Designation Form Has the meaning given to it in the Existing Plant P(W)PA. An entity which has provided debt finance to an Existing Generator that has an outstanding balance as of the SOQ Date and/or that has a security interest in the Existing Plant as of the SOQ Date. An individual appointed by the Authorised Representative in accordance with Section 8.2 to have access to the Extranet. The form used by the Authorised Representative to designate Nominees to have access to the Extranet in the form set out at Schedule 13 to Appendix A. PPA Bid Bond Value Has the meaning given to it in Section 7.3.1. Means an SOQ, Technical Qualification and submitted by an Applicant. 3
PWPA Bid Bond Value Has the meaning given to it in Section 7.3.1. SOQ Date The date of an SOQ submission by a Registered Existing Generator and which will be used as the base date for the evaluation of satisfaction of applicable MERs by that Registered Existing Generator and which must be a date coincident with or earlier than the SOQ Submission The tariff proposal submitted by a Registered Existing Generator in response to and in accordance with this REPPQ, which should contain the information requested in Section 6.2.9. Date The date of the submission of the by a Registered Existing Generator and which will be used, if applicable, as the base date for the evaluation of satisfaction of applicable MERs by that Registered Existing Generator and which must be a date coincident with or earlier than the Tariff Deadline The tariff proposal deadline as more particularly described in the Pre-Qualification Process Timetable. 2. 1.5.1 Item Activity Indicative Date 8. SOQ Submission Deadline in respect of Registered Existing Generators / ID + 70 90 days OPWP has extended the deadline to submit SOQs and Technical Qualification. 4
Technical Qualification Deadline / Submission deadline in respect of Pre- Qualified Existing Generators mark-ups (if any) to Existing Plant Project Agreements 9. Deadline in respect of Registered Existing Generators 910. Instructions to Registered Existing Generators regarding Binding Commitment / Registered Existing Generators notified of their status as Pre-Qualified Existing Generators / Reissued Form of Existing Plant Project Agreements issued ID + 120 days ID + 133 days OPWP has extended the deadline to submit Tariff (including information requested in Section 6.2.9). 1011. Binding Commitment Deadline ID + 154 days 1112. Acknowledgement of receipt of valid Bids from Pre-Qualified Existing Generators ID + 155 days Unless otherwise specified, deadlines are 11.00 a.m. Gulf Standard Time for the submission of materials by the Registered Party. 3. 2.2 2.2 The competition process will include this qualification stage applicable to Registered Existing Generators (REPPQ), a separate qualification stage open to Registered New Generators (RFQ) and a subsequent bidding stage (RFP) applicable to all Pre-Qualified Persons. Registered Existing Generators that have submitted a Binding Commitment may additionally pre-qualify for alternative Technical Configurations by submitting additional SOQs and technical qualificationss in the RFQ. To use the defined term to include the SOQ, TQ and 5
requirements. 4. 2.6 2.6 Applicants, including both Registered Existing Generators and Registered New Generators that qualify and become Pre-Qualified Persons, will be allowed to submit more than one Bid in the RFP. Each Bid is related to a Technical Configuration, corresponding generally to one site, one technology and one capacity level. Bids may be mutually exclusive and may involve different sites, different capacity levels and different technologies. For avoidance of doubt, a Registered Existing Generator will only be permitted to submit a Bid based on the site of its Existing Plant. The SOQsThe SOQs, Technical Qualifications (and, in respect of a Registered Existing Generator) submitted will be required to demonstrate qualifications for each Technical Configuration for which the Applicant seeks to become a Pre-Qualified Person. OPWP s confirmation to an Applicant that it has been designated a Pre-Qualified Person will include a statement of the Technical Configuration for which that Applicant has been designated a Pre- Qualified Person. In the RFP, a Bidder will only be permitted to submit Bids for the Technical Configurations for which that entity has been designated a Pre-Qualified Person. A significant difference in the new flexible procurement process is that the designation of a Pre-Qualified Person will come with a list of sites, capacity levels and technologies corresponding to the Technical Configurations for which the Pre-Qualified Person will be permitted to submit Bids. To separately identify certain requirements in Section 6.2.9 as requirements so as to allow for such information to be submitted by the Tariff Deadline, which is at ID+120. 5. 2.7.2 2.7.2 To become a Pre-Qualified Person in this REPPQ, a Registered Existing Generator must provide a detailed SOQ that satisfies the MERs and complies with the requirements of this REPPQ, Technical Qualification, and a proposed tariff that is at or below the Benchmark Price by the applicable deadlines as set out in the Pre-Qualification Process Timetable at Section 1.5. For avoidance of doubt, a Registered Existing Generator that does not provide a that is at or below the Benchmark Price by the Deadline will not become a Pre-Qualified Person to submit a Binding Commitment. To clarify the condition to become a Pre- Qualified Person. 6. 2.7.4 2.7.4 An Existing Generator that does not submit a Binding Commitment in REPPQ will not be eligible to submit further SOQss in the RFQ, and therefore will not be eligible to submit a Bid at the RFP stage. Participation in this REPPQ does not guarantee that an Existing Generator will be awarded a new P(W)PA upon the expiry of its Expiring P(W)PA. Nothing herein may be construed as obliging OPWP to award an Existing Generator that submits a Binding Commitment in this REPPQ a new P(W)PA upon the expiry of its Expiring P(W)PA. An Existing Generator that does not submit a Binding Commitment in this REPPQ or that is not awarded an Existing Plant P(W)PA as a result To use the defined term to include the SOQ, TQ and requirements. 6
of the RFP process would however, if eligible, have the option to trade in Oman s electricity spot market discussed in Section 1.2.9 above. 7. 2.8.7 2.8.7 To become a Pre-Qualified Person for a Technical Configuration that includes MSF Potable Water, a Registered Existing Generator must provide a separate SOQ and Technical Qualification submission, which is in addition to the SOQ and Technical Qualification provided for the power-only Technical Configuration. For purposes of the SOQ and Technical Qualification, a Registered Existing Generator must utilise the information and applicable forms provided in Appendix A. For avoidance of doubt, a Registered Existing Generator applying to become a Pre-Qualified Person for a Technical Configuration that includes MSF Potable Water must provide the applicable forms in Schedule 7 to Appendix A that are designated PPA as well as forms that are designated PWPA. To use the defined term to include the SOQ, TQ and requirements. 8. 2.8.8 2.8.8 Each Binding Commitment must be accompanied by a Bid Bond. However, in the case of a Pre-Qualified Existing Generator who submits both a Binding Commitment for an Existing Plant PPA and a Binding Commitment for an Existing Plant PWPA, the Pre-Qualified Existing Generator may submit one Bid Bond to support both Binding Commitments (a Combined Bid Bond). 9. 3.2.2 3.2.2 Each Technical Qualification must contain all items specified and in the format provided in Schedule 7 to Appendix A, which includes the following: (a) Form 1: Cover Letter for Technical Qualification To allow one bid bond to support two Binding Commitments for Pre-Qualified Existing Generators that are submitting two Binding Commitments, one for power and one for power combined with MSF Potable Water. To allow Bidders to complete missing details and 7
(b) Form 2: Technical Questionnaire. (c) Form 3: Eligibility and Qualification of Contractors (d) Form 4: Additional Information (e) Form 5: Project Implementation Schedule specifications regarding Modifications in the MFS. (f) Form 6: Omani Content and Manpower Plan (g) Form 7: Commitment of equipment manufacturers (h) Form 8: Eligibility Requirements related to IPP/IWPP Development and Operation Experience (i) Form 9: Performance Guarantee Data and Technical Data Schedules (j) Form 10: Form for Proposed s to Project Agreements In addition, each Technical Qualification must contain Appendix G Minimum Functional Specification, with details provided where marked in square brackets or required to be completed by the Bidder, and tailored to the specific Plant proposed by the Bidder, including detailed minimum functional specifications of any Modifications proposed. 10. 4.2.1(b) (b) Unless an Applicant elects to provide Early Power, an Applicant must elect an SCOD of either 1 February, 1 March or 1 April 2022, subject to a requirement that the elected SCOD must constitute a date subsequent to the expiry of the Applicant s Expiring P(W)PA. If an Applicant elects one of the foregoing SCOD dates, the Applicant may not also elect to provide Early Power. Achievement of the elected SCOD will be subject to the Project Company s satisfaction of prescribed Acceptance Tests. Alternatively, an Applicant may elect to first provide Early Power. In this event, an Applicant must elect a Scheduled Early Power Commencement Date of either 1 February, 1 March or 1 April 2022, subject once again to a requirement that the elected Scheduled Early Power Commencement Date constitutes a date subsequent to the expiry of the Applicant s Expiring P(W)PA. Achievement of the elected Scheduled Early Power Commencement Date will be subject to the Project Company s satisfaction of the prescribed Acceptance Tests. If Early Power is proposed by an Applicant, Early Power must be provided during the Mandatory Early Power Period. However, Applicants may also elect to provide Early Power during a period which extends beyond the expiry of the Mandatory Early Power Period until any date up to (and including) 28 February 2023. Applicants electing to provide Early Power are therefore required to specify the commencement and expiry dates of their proposed Early Power periods within the foregoing parameters. Early Power will constitute at a minimum 60% of SCOD guaranteed power capacity, and Applicants electing to provide Early Power will be required to provide an Early Power commitment which To allow OPWP to consider proposals with an earlier SCOD or Early Power Commencement Date subject to the review of the proposal s feasibility. 8
meets or exceeds that minimum percentage. The SCOD of an Applicant which elects to provide Early Power will be 1 April 2023. The Existing Plant P(W)PAs will all end on 31 December of their respective final Contract Years. Applicants may elect an Existing Plant P(W)PA term which terminates on 31 December of any number of between 4 and 15 calendar years from January 1, 2022, other than 5, 6, 7 and 12 calendar years from January 1, 2022. OPWP may consider an earlier SCOD or Early Power Commencement Date as early as 1 January 2022 provided that the Applicant provides detailed information in the Technical Qualifications that demonstrate that an SCOD or Early Power Commencement Date of 1 January 2022 can feasibly allow for all required Acceptance Tests. 11. 4.2.2(b) (b) These charges will be set according to the amounts included and evaluated in the Successful Bidder s Bid. As previously noted, a Pre-Qualified Existing Generator will be required under this REPPQ to submit signed Existing Plant Project Agreements as part of its Binding Commitment that will be evaluated as a Bid by OPWP during the RFP. Such Bid (including the signed Existing Plant Project Agreements submitted with the Binding Commitment) will be in the form of the tariff components that are payable. The TEM must evaluate the Bid at or below the established Benchmark Price which will be stated as an NCC. The Benchmark Price, the TEM and a guide to the TEM will be provided during this REPPQ process. The Binding Commitment (including the signed Existing Plant Project Agreements submitted in this REPPQ) will be required to be supported by a Bid Bond. An Applicant will be required to specify all components of the tariff during the Technical Qualificationin its, to be incorporated into the Existing Plant Project Agreements to satisfy the requirements of this REPPQ. The tariff must produce an NCC at or below the Benchmark Price using the TEM provided in this REPPQ. 12. 4.2.7(b) (b) Once the COD has occurred, the Existing Plant P(W)PA will require the Project Company to undertake Plant Performance Tests on a regular basis to determine the actual capacity of the Plant which is available for dispatch and whether the Plant must be de-rated, the results of which will be taken into account in the Tarifftariff calculation. To separately identify certain requirements in Section 6.2.9 as requirements so as to allow for such information to be submitted by the Tariff Deadline, which is at ID+120 Typographical error correction. 13. 6.1.2 6.1.2 A Registered Existing Generator that submits an SOQ and other requirements in response to this REPPQ is an Applicant. To become a Pre-Qualified Person, the Applicant must provide a detailed SOQ and Technical Qualification that satisfies the MERs and complies with the requirements set out for each component of the in this REPPQ by the applicable deadlines as set out in the Pre-Qualification Process Timetable at Section 1.5. To use the defined term to include the SOQ, TQ and requirements. 9
14. 6.1.4 6.1.4 SOQs and, Technical Qualifications and s must be received by the SOQ Submission Deadline and, Technical Qualification Deadline and Deadline, respectively, in accordance with the instructions set out in Section 8. 15. 6.2.1 6.2.1 Each Applicant s SOQ will be evaluated to determine whether the Applicant (together, where applicable, with its Primary Sponsor) satisfies the following MERs. Each Applicant may designate a Primary Sponsor to meet MER 2 or MER 3. The qualifications of the Primary Sponsor will be considered in the evaluation of the Applicant s SOQ. If a Primary Sponsor is designated as such, the Primary Sponsor must continue to qualify as a Primary Sponsor until the full execution of the applicable Existing Plant Project Agreements after the selection of the Applicant as a Successful Bidder. The Primary Sponsor must be in good standing under the Law. 16. 6.2.2 6.2.2. Minimum Eligibility Requirement 1 (MER 1) The Applicant must demonstrate that it is a Project Company in good standing under the Law and the holder of a valid licence issued by AER to conduct the generation of electricity at its Existing Plant. (If required below, certified copies of documents and the power of attorney required to be submitted with the SOQ must be authenticated by a Notary Public of the Ministry of Justice of Oman and be supported by a certified English translation.) The Applicant must provide the following as part of its SOQ: by the SOQ Submission Deadline: To separately identify certain requirements in Section 6.2.9 as requirements so as to allow for such information to be submitted by the Tariff Deadline, which is at ID+120 To use the defined term to include the SOQ, TQ and requirements. To provide clarity on items that are due by the SOQ Submission Deadline so as to distinguish items that are due by the Tariff 10
17. 6.2.3 6.2.3. Minimum Eligibility Requirement 2 (MER 2) The Applicant must demonstrate that it has a minimum TNW of RO 25 million if it is proposing to maintain the configuration of the Existing Plant and RO 100 million if it is proposing Modifications to its Existing Plant, which may include the conversion of the plant to a combined cycle configuration. OPWP will review the Modifications and will be the sole judge of whether the Modifications constitute a change in configuration. The Applicant may rely on the financial qualifications of its Primary Sponsor to meet this MER 2. The Applicant is required to provide the following with its SOQ by the SOQ Submission Deadline: 18. 6.2.4 6.2.4. Minimum Eligibility Requirement 3 (MER 3) MER 3 is only applicable to Applicants that are proposing Modification to the Existing Plant. If the Applicant is proposing a Modification, the Applicant must demonstrate that it is in a position to fund the Modification: The Applicant must name all its Existing Lenders as at the SOQ Date, and the Applicant must provide with its SOQ a written confirmation from each such Existing Lender. To provide clarity on items that are due by the SOQ Submission Deadline so as to distinguish items that are due by the Tariff To provide clarity on items that are now due by the Tariff (b) The Applicant (and its Primary Sponsor if one is designated) must provide written confirmation that the Applicant is in a position to fund its proposed Modification. In addition, the Applicant must submit a financial plan as part of its SOQ. by the This information must be provided as specified in Schedule 9 to Appendix A. Applicants are required to submit as part of their SOQ evidence of the financing commitments necessary to undertake the Project.... 19. 6.2.5 6.2.5 Minimum Eligibility Requirement 4 (MER 4) The Applicant must demonstrate its compliance with all applicable statutory, regulatory and existing contractual obligations. With its SOQ and by the SOQ Submission Deadline, the Applicant must provide an SOQ Submission Letter in the form of Schedule 4 to Appendix A that includes the following representations: To provide clarity on items that are due by the SOQ Submission 11
20. 6.2.6. 6.2.6 Minimum Eligibility Requirement 5 (MER 5) The Applicant must satisfy all of the requirements under the Technical Qualification. Information about the Technical Qualification is provided in Section 3 to Appendix A and the essence of the technical requirements is set out in Schedule 6 to Appendix A. The Technical Qualification must be submitted by the Technical Qualification Deadline except for Form 9 of Schedule 7 to Appendix A, which must be submitted by the In addition, if the Applicant is proposing Modifications, the Applicant must also provide Form 4 of Schedule 7 to Appendix A by the Technical Qualification Deadline with all parts completed except for Part 2 subparts (e), (f), (g), (h), (i), which must be submitted on or prior to the 21. 6.2.7. 6.2.7 Other Information to be provided by all Applicants by the SOQ Submission Deadline The following are required of all Applicants with the SOQ by the SOQ Submission Deadline: (i) (ii) The Applicant shall provide a letter from AER confirming that, on the basis of information provided by the Applicant to AER, AER expects the Applicant to satisfy the Appropriate Person Criteria, and that AER does not expect that the Applicant will be prohibited from undertaking the Project on the basis of any applicable market share ceiling. The Applicant shall provide a tariff proposal based upon the Existing Plant Project Agreements and presented as specified in Schedule 10 to Appendix A. (iii)(ii) In order for OPWP to comply with conditions 6(8)(a) and 9 of its licence, to avoid potential conflicts of interest, Applicants shall supply the name and address of every person who has a legal or beneficial interest of 5% or more in Applicant s issued share capital, or who has the power, in any other way, to control or materially influence the affairs of that Applicant. Applicants shall complete Schedule 11 to Appendix A with details of any parties who meet these conditions. (iv)(iii) Supplementary information or documentation may be requested from the Applicant and shall be provided by To provide clarity of deadlines related to the submission of certain Technical Qualification forms so as to allow certain information to be due on the Deadline, which is at ID+120. To provide clarity on items that are due by the SOQ Submission Deadline so as to distinguish items that are due by the Tariff 12
the Applicant in order to further consider the Applicant s SOQ. 22. 6.2.9 6.2.9 to be provided by the Deadline (a) The following are required of each Applicant by the Deadline as part of its Tariff : (i) cover letter for the in the form set out in Schedule 14 to Appendix A; (ii) Appendix A Schedule 7 Form 4 resubmitted with Part 2 subparts (e), (f), (g), (h), (i) completed; (iii) Appendix A Schedule 7 Form 9: Performance Guarantee Data and Technical Data Schedules; (iv) a proposed tariff based upon the Existing Plant Project Agreements and presented as specified in Schedule 10 to Appendix A, which is at or below the Benchmark Price; and (v) a completed TEM with inputs consistent with the proposed tariff using the locked version of the TEM provided as Appendix I to the REPPQ. To separately identify certain requirements in Section 6.2.9 as requirements so as to allow for such information to be submitted by the Tariff Deadline, which is at ID+120 instead of the SOQ Submission (b) With respect to an Applicant that is proposing Modification to the Existing Plant, the following is required of each Applicant by the Deadline as part of its : (i) documents to be provided to satisfy MER 3 as specified in Section 6.2.4. 23. 7.1.1 7.1.1 Based on the information provided by Applicants in their SOQ and Technical Qualification, OPWP will issue instructions to Pre-Qualified Existing Generators regarding their Binding Commitment and Bid Bond by such date as will be notified by OPWP. This will include instructions related to the submission of signed Existing Plant To use the defined term to include the SOQ, TQ and 13
Project Agreements by the Pre-Qualified Existing Generator, which will need to be submitted as part of its Binding Commitment. requirements. 24. 7.1.3(a) (a) reference the Technical Configuration proposed in this REPPQ and confirm that the Applicant has submitted signed Existing Plant Project Agreements in their Reissued Form for that Technical Configuration that is consistent with all information supplied over the course of the REPPQ, and that contains a Tarifftariff that is at an NCC that is at or below the Benchmark Price using the TEM and Benchmark Price provided during the course of the REPPQ; Typographical error correction. 25. 7.3.1 7.3.1 Each Pre-Qualified Existing Generator shall provide a Bid Bond with its Binding Commitment Letter. The, or, in the case of a Pre-Qualified Existing Generator who is submitting a Binding Commitment in respect of both an Existing Plant PPA and an Existing Plant PWPA, a Combined Bid Bond. The value of the Bid Bond in respect of a Binding Commitment for an Existing Plant PPA will be in the amount ofequal thirty thousand Rial Omani (RO 30,000) per MW of the applicable power capacity (and, if Potable Water is GCPC for Contract Year 1 (the PPA Bid Bond Value). The value of the Bid Bond in respect of a Binding Commitment for an Existing PWPA will equal thirty thousand Rial Omani (RO 30,000) per MW of the applicable, GCPC for Contract Year 1 plus sixty Rial Omani (RO 60) per m3 of Guaranteed Contracted Water Capacitythe applicable GCWC for Contract Year 1 multiplied by twenty-four (24)).) (the PWPA Bid Bond Value). The value of a Combined Bid Bond shall constitute the higher of the PPA Bid Bond Value and the PWPA Bid Bond Value. 26. 7.3.4 7.3.4.... For the avoidance of doubt, in the case of a Pre-Qualified Existing Generator who submits a Binding Commitment (and a Combined Bid Bond) in respect of both an Existing Plant PPA and an Existing Plant PWPA, OPWP shall be entitled To amend the requirement on bid bond for Pre-Qualified Existing Generators that are submitting two Binding Commitments, one for power only and one for power combined with MSF Potable Water so that one bid bond may support both Binding Commitments. To amend the requirement on bid bond for Pre-Qualified 14
to draw on and retain the Combined Bid Bond, without notice or legal process, in the event that the Pre-Qualified Existing Generator as a Successful Bidder fails to perform a material obligation required of Successful Bidders in the Power 2022 Procurement Process relating to either Binding Commitment. Existing Generators that are submitting two Binding Commitments, one for power only and one for power combined with MSF Potable Water so that one bid bond may support both Binding Commitments. 27. 8.2.4 8.2.4 Each Registered Party must appoint one (1) Authorised Representative who will be responsible for managing communications with OPWP on all matters relating to the Power 2022 Procurement Process. The Authorised Representative may appoint up to two (2) Nominees to have access to the Extranet by submitting a Nominee Designation Form set out in Schedule 13 to Appendix A and emailing the completed and signed form to opwptender@nera.com. Upon receipt of Nominee Designation Form, Nominees will be granted access to the Extranet within three (3) business days. For avoidance of doubt, the Authorised Representative is responsible for all Extranet related activity and uploads made by the Registered Party. To allow two additional individuals to have access to the Extranet. 28. 8.2.8 8.2.8 Only a Registered Existing Generator may submit an SOQ, Technical Qualification,, Binding Commitment and Bid Bond in response to this REPPQ. To separately identify certain requirements in Section 6.2.9 as requirements, which are due on the Tariff 15
29. 8.5 8.5 Submission of the SOQ and Technical Qualification 8.5.1 SOQs and Technical Qualification must be submitted by hand delivery no later than the SOQ Submission Deadline and Technical Qualification respectively, as set out in the Pre-Qualification Process Timetable in Section 1.5 and followed by an upload to the Extranet. The SOQ and Technical Qualification must be submitted to: 8.5.3 Original Documents (a) The SOQ and Technical Qualification shall include all documents required to be submitted with or as part of an SOQ and Technical Qualification. The original SOQ document shall contain original documents except to the extent that the information requirements set out in Section 6.2 do not require originals to be provided. Where certified copies of documents that are required to be certified in accordance with Section 6.2 are not available by the SOQ Submission Deadline, the certified copies may be provided after the SOQ Submission Deadline, provided that copies are included in the SOQ or Technical Qualification submission. To provide clarity on packaging instructions of items due on the SOQ Submission Deadline/ Technical Qualification Deadline (to distinguish from items required on the Tariff Deadline). 8.5.4 Ownership of SOQs and Technical Qualification On submission, the SOQ and Technical Qualification and all copies thereof shall become the absolute property of OPWP who shall be entitled to copy and/or reproduce the same and distribute to appropriate third parties, as reasonably required in connection with the Project and/or as required by applicable law. 8.5.5 Language All SOQs, Technical Qualification and supporting documents must be in English. Where an original document is written in a language other than English, the Applicant shall provide both the original and a certified English translation. 16
In the event of any discrepancy between the English and non-english versions of the document, the English version shall prevail. 8.5.6 Sealing and Marking of the SOQ and Technical Qualification Submission due on the SOQ Submission (a) SOQ and Technical Qualification documents must be submitted by hand delivery and followed by an upload to the Extranet. The original SOQ and Technical Qualification documents must be enclosed in an inner envelope marked Original and two (2) copies of the SOQ documents must be enclosed in an inner envelope marked Copy. All documents must be included in a CD and USB flash drive in the inner envelope and submitted in pdf and Microsoft word format where appropriate. (b) Both of these envelopes shall be placed in a strong outer envelope or box marked Original and Copies SOQ and TQ sealed and shall bear the project name Statement of Qualifications and Technical Qualifications for Power 2022 Procurement Process and address provided in Section 8.5.1. (c) The exterior of the sealed envelopes or boxes must not reveal the identity of the Applicant. (d) OPWP may, at its discretion, extend the date of the SOQ Submission Deadline or Technical Qualification Deadline by amending this REPPQ document. 30. 8.6 8.6 Technical Qualification 8.6.1 Technical Qualification must be submitted by hand delivery no later than the Technical Qualification Deadline as set out in the Pre-Qualification Process Timetable in Section 1.5 and followed by an upload to the Extranet. The Technical Qualification must be submitted to:. 8.6.3 Ownership of Technical Qualifications To provide clarity on packaging instructions of items due on the Tariff 17
On submission, the Technical Qualifications and all copies thereof shall become the absolute property of OPWP who shall be entitled to copy and/or reproduce the same and distribute to appropriate third parties, as reasonably required in connection with the Project and/or as required by applicable law. 8.6.4 Sealing and Marking of the Technical Qualification Submission due on the (a) Technical Qualification documents must be submitted by hand delivery and followed by an upload to the Extranet. The original Technical Qualification documents must be enclosed in an inner envelope marked Original and two (2) copies of the Technical Qualification documents must be enclosed in an inner envelope marked Copy. (b) Both of these envelopes shall be placed in a strong outer envelope or box marked Technical Qualification sealed and shall bear the project name s Technical Qualifications for Power 2022 Procurement Process and address provided in Section 8.6.1. All documents must be included in a CD and USB flash drive in the inner envelope and submitted in pdf and Microsoft word format where appropriate.. (d) OPWP may, at its discretion, extend the date of the Technical Qualification Deadline by amending this REPPQ document. 31. 8.8 8.8 Opening of SOQs, Technical Qualifications, s and Binding Commitments 8.8.1 SOQs, Technical Qualifications, s and Binding Commitments will be opened at the offices of OPWP. Any SOQs, Technical Qualifications or Binding Commitment received by OPWP after the applicable deadline will be rejected whatever the cause for delay. A list of Applicants which have submitted SOQss will be published on the Information Website. 32. 8.12.1 8.12.1 If there is a change of Law during the period commencing on the SOQ Submission Deadline and ending on the effective date of the Existing Plant P(W)PA, OPWP will agree with the Applicant that becomes a Successful Bidder the necessary changes (if any) which are to be incorporated into the Existing Plant P(W)PA to take account of the impacts of such change of Law. The principles set out in the Existing Plant P(W)PA as regards a To use the defined term to include the SOQ, TQ and requirements To reflect the change in the deadline for the submission of 18
change of Law shall apply to this process save that a financial threshold of Rial Omani one hundred thousand (RO 100,000) for the Project shall apply. Once this threshold has been exceeded, the full sum is reimbursable. the Tariff. 33. 8.13.1 8.13.1 By submitting its SOQ, the Applicant releases OPWP and its advisors and consultants, irrevocably, completely and unconditionally, from any and all liability for claims, losses, damages, costs, expenses or any other liabilities in any way related to or arising from the assessment of, and associated decisional process regarding, the Applicant s SOQ and/or eligibility and qualifications for the Project. To use the defined term to include the SOQ, TQ and requirements. AMENDMENTS TO APPENDIX A- SCHEDULES 34. APPENDIX A SCHEDULE 4: Form of SOQ Submission Letter See revised document enclosed 35. APPENDIX A SCHEDULE 7 FORM 1: Cover Letter for Technical Qualification See revised document enclosed To remove references to requirements that are now due with the on the Tariff To clarify requirements that are now due with the on the Tariff 19
36. APPENDIX A SCHEDULE 7 FORM 4 (PPA): Additional Information See revised document enclosed 37. APPENDIX A SCHEDULE 7 FORM 4 (PWPA): Additional Information See revised document enclosed 38. APPENDIX A SCHEDULE 7 FORM 9: Data and Technical Data Schedules See revised document enclosed 39. APPENDIX A SCHEDULE 7 FORM 9 (PPA): Part II-2 Input to TEM See revised document enclosed To clarify requirements that are now due with the on the Tariff To clarify requirements that are now due with the on the Tariff To clarify requirements that are now due with the on the Tariff To clarify requirements that are now due with the on the Tariff 20
40. APPENDIX A SCHEDULE 7 FORM 9 (PWPA): Part II-2 Input to TEM See revised document enclosed 41. APPENDIX A SCHEDULE 12 Binding Commitment Letter See revised document enclosed 42. APPENDIX H Tariff Evaluation Methodology See revised document enclosed To clarify requirements that are now due with the on the Tariff To clarify requirements that are now due with the on the Tariff Deadline and to allow for a Combined Bid Bond. To correct typographical error and formula related to water calculations. 43. APPENDIX I Tariff evaluation Model To correct typographical error and 21
See revised document enclosed formula related to water calculations. NEW DOCUMENTS 44. APPENDIX A Schedule 13 - Form of Appointment of Nominee Letter See document enclosed 45. APPENDIX A - Schedule 14 - Form of Letter See document enclosed The form used by the Authorised Representative to designate Nominees to have access to the Extranet. The form of the cover letter to be used for the submission of the Tariff. 22