BANGLADESH POWER DEVELOPMENT BOARD (BPDB)

Section III of Bid Document: QUALIFICATION DOCUMENT

FOR IMPLEMENTATION OF A5 MW±20% GRID CONNECTED WASTE TO

POWER PROJECT ON BUILD, OWN AND OPERATE (BOO) BASIS AT

JALKURI, NARAYANGANJ , BANGLADESH

(A Site Near to Matuail 132/33/11 kV Grid Substation of DPDC)

August, 2019

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SECTION I

QUALIFICATION DOCUMENT

FOR SELECTION OF BIDDERS TO SUBMIT PROPOSALS TO DEVELOP A 5 MW±20% GRID

CONNECTED WASTE TO POWER PROJECT ON BUILD OWN AND OPERATE (BOO)

BASIS AT JALKURI, NARAYANGANJ, BANGLADESH.

A. DEFINITIONS

For purposes of this QUALIFICATION DOCUMENT, the following capitalized terms

shall have the following meanings:

1. "BAS" means Bangladesh Accounting Standard.

2. "BERC" means Bangladesh Energy Regulatory Commission.

3. "BDT" means Bangladeshi Taka

4. “Bidder” means any entity or consortium submitting a (i) Qualification Statement (ii)

Technical, Commercial & Financial Proposal and (iii) Tariff Proposal with the intent to

be qualified as a potential Project Sponsor.

5. "Bid" means Bidder's Qualification Statement and Technical, Commercial &

Financial Proposal (Envelope -I) and Tariff Proposal (Envelope -II).

6. "Bid Date" means 12:00 Hours BST (Bangladesh Standerd Time) on October

20, 2019

6. "BPDB" means Bangladesh Power Development Board.

7. “Business Day” means a day on which banks and government offices are open for

business in Bangladesh.

8. "CDM" means Clean Development Mechanism [CDM], which was devised to help

developed countries to meet their Green House Gas [GHG] Emission Reduction targets

in a cost effective manner by allowing them to acquire Certified Emission Reduction

[CERs] from abatement projects in developing countries.

9. “Commercial Operations Date” means the date falling one day after the day on which

the Project is commissioned to operate on a commercial basis.

10. “Current Assets” means, in relation to a given entity, the number indicated as “current

assets” on such entity’s most recent balance sheet prepared in accordance with IAS or

BAS or GAAP.

11. “Current Liabilities” means, in relation to a given entity, the number indicated as

“current liabilities” on such entity’s most recent balance sheet prepared in accordance

with IAS or BAS or GAAP.

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12. “Current Ratio” means, in relation to any given entity, the result obtained by dividing

its Current Assets by Current Liabilities.

13. "GAAP" means the standard accounting rules, regulations, and procedures established

by US Financial Accounting Standards Board (or the comparable organization in the

relevant country) to prepare financial statements and accounts, which rules,

regulations and procedures have been approved by the regulator of companies and

securities in the domicile of the relevant Member with jurisdiction over the

relevant Member; provided that the financial statements prepared in accordance with

such rules, regulations and procedures present an accurate description of the

financial condition of the Bidder or Member and do not include or fail to

include any statements or information or adjustments thereto which make the

financial statements false, deceptive or misleading, the conformance of the financial

statements to be delivered in connection with this Qualification Document with GAAP

(or with IAS, as the case may be) shall be affirmed by the auditors who audit such

financial statements.

14. “IAS” means International Accounting Standards.

15. “Lead Member” means, in relation to a consortium Bidder, the member of such

consortium who fulfils the criteria set forth in Sub-section 1.2.1 of Section II.

16. “Material Dispute” is defined in Sub-section 4 of Section II.

17. “MW” means megawatt.

18. “Net Worth” means, in relation to any entity, such entity’s Total Assets minus its Total

Liabilities.

19. “Operating Member” means, in relation to a consortium Bidder, the member of such

consortium who fulfils the criteria set forth in Sub-section 1.2.2 of Section II.

20. "Other Member " means , in relation to a consortium Bidder, the Member who are not

Lead Member and / or Operating Member of the Consortium.

21. “Qualified Bidder” means a Bidder who is determined to meet the criteria outlined in

Section II of this Qualification Document.

22. “Project” means the "Grid connected 5 MW±20% waste to Power project on BOO

basis near to 132/33/11 kV Matuail Grid substation at Jalkuri, Narayanganj

Bangladesh, which are to be designed, financed, constructed, insured owned, operated

and maintained by the Project Company.

23. “Project Agreements” means, collectively, Power Purchase Agreement (PPA) to be

signed between Bangladesh Power Development Board (BPDB), or their respective

legal successors, or other public sector entities and the Project Company,

Implementation Agreement (IA) between Government of Bangladesh (GOB) and the

Project Company and Waste Supply Agreement (WSA) & Land Use Agreement (LUA)

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between the Project Company and Narayanganj City Corporation (NCC).

24. “Project Company” means a company duly incorporated under the Laws of

Bangladesh by the Project Sponsor, which will execute the Project Agreements for the

Project.

25. “Project Sponsor” means the Qualified Bidder who will be selected as the developer

for the Project.

26. “Qualification Statement” means a statement containing all of the information requested

in Section II-A, which shall be submitted in the form attached hereto as Annex A-2.

27. "Request for Proposal" means the document which shall specify the technical and

financial requirements for the project.

28. “Total Assets” means, in relation to any entity, the total consolidated assets of such

entity and its subsidiaries measured in accordance with IAS or BAS or GAAP for such

entity’s most recent financial year.

29. “Total Debt” means, in relation to any given entity, the total of all such entity’s interest

bearing obligations.

30. “Total Equity” means, in relation to any entity, the total consolidated equity of such

entity and its subsidiaries measured in accordance with IAS or BAS, or GAAP for such

entity’s most recent financial year.

31. “Total Liabilities” means, in relation to any entity, the total consolidated liabilities of

such entity and its subsidiaries measured in accordance with IAS or BAS or GAPP for

such entity’s most recent financial year.

32. “USD” means the United States Dollar;

33. “Waste” means unwanted or unusable materials. Waste is any substance which

is discarded after primary use, or it is worthless, defective and of no use

including Municipal Solid Waste, household waste, commercial waste,

demolition waste, industrial waste, Biomedical waste, food and vegetable waste,

human and animal residues or different type of biomasses, clinical waste,

Special hazardous waste and electronic waste (e-waste).

34. "Waste Transfer Station" the station within the Facility shall be used for

weight measuring, receiving and storage of Waste.

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B. INSTRUCTIONS FOR BIDDERS

1. General

(a) All requested information shall be submitted to Secretary, Bangladesh Power

Development Board (BPDB) by the Bidder in the English language.

(b) Qualification decisions will be made solely on the basis of a Bidder’s Qualification

Statement, which should be submitted in the form of Annex A-2. No supplemental or

other information will be accepted other than responses from Bidders to clarifications

which have been specifically requested by Bangladesh Power Development Board

(BPDB).

(c) The Qualification Statement should be accompanied by an indication of interest in the

form of Annex A-1, which should be signed by a person or persons duly authorized to

sign on behalf of the Bidder. If the Bidder is a consortium, the Qualification Statement

should be signed by a person or persons duly authorized to sign on behalf of the Lead

Member of the consortium. Consortium Bidders should submit a duly-executed signing

authorization form in the form of Annex A-3.

(d) Bangladesh Power Development Board (BPDB) will not enter into any correspondence

with Bidders except to seek clarification, if and when necessary.

(f) Bidders may seek clarification from BPDB on the qualification process and criteria by

submitting a request for clarification in writing to Bangladesh Power Development

Board (BPDB) at the address given in this Qualification Document. Although BPDB

will attempt to respond to all reasonable queries, it is under no obligation to do so, and

may decline to respond to any query or request for clarification at its sole discretion.

(g) All queries must be received at least 20 (twenty) calendar days before the Bid Date.

(h) Any documents submitted by Bidders will not be returned.

(i) For purposes of determining compliance with the various US dollar thresholds set out in

Section II-A, Bidders who do not maintain their financial records in US dollars should

apply the exchange rate converter published in the OANDA web site not earlier than 15

days prior to the date of submission of the Qualification Statement to convert their

financial records into US dollars. A link to the OANDA online exchange rate converter

is attached to this Qualification Document as Appendix 1..

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SECTION II

A. QUALIFICATION CRITERIA

1. Composition of Bidder

1.1 Bidders may apply either individually or as a consortium. Individual Bidders should not

be natural persons.

1.2 If a consortium is submitting a Qualification Statement, the consortium must include one

or more entities that are able to discharge the responsibilities of the Lead Member and the

Operating Member as set forth below.

1.2.1 The Lead Member of the consortium:

• Must hold at least 51% of the equity interests in the consortium vehicle

(either directly or through a majority-owned special purpose project

subsidiary);

• Must meet the financial criteria set out in Section 2; and

• Must meet the technical criteria set out in Section 3 (to the extent not met by

the Operating Member or another member of the consortium).

1.2.2 The Operating Member of the consortium:

• Must hold at least 20% of the equity interests in the consortium vehicle

(either directly or through a majority-owned special purpose project

subsidiary); and

• Must meet the technical criteria set out in Section 3 (to the extent not met

by the Lead Member or another member of the consortium).

1.2.3 The Lead Member and the Operating Member may be the same entity.

1.2.4 Neither the Lead Member nor the Operating Member may be a natural person.

1.2.5 The Bidder must furnish evidence of its legal structure as a single

company or as a consortium including, without limitation, information

with respect to : (i) The legal relationship among the consortium

members; and (ii) The role and responsibility of each consortium

member including the responsibility of debt raising in the Project.

1.3 A Bidder that is a consortium should provide the information requested in Annex A-2

of the Qualification Statement from detailing the respective roles and ownership interests

of the various members of the consortium.

1.4 Changes in the composition of a consortium Bidder prior to the submission of the Bid

for the Project may be permitted, subject to the following conditions and prior approval

of Bangladesh Power Development Board (BPDB):

1.4.1 No changes in the members of a consortium Bidder are permitted which would

result in either (a) a change to the Lead Member or the Operating Member of the

consortium or (b) the failure by the consortium to meet any of the criteria set out in

Section 2 or Section 3;

1.4.2 Qualified Bidders shall not be permitted to form a consortium to submit a Tender.

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1.4.3 Failure to comply with any of the requirements set forth in this Section 1.4 may

result in immediate disqualification by Bangladesh Power Development Board (BPDB)

of the consortium’s submission of Tender.

2. Financial Criteria

2.1 The Bidder (or, in the case of a consortium Bidder, the Lead Member) shall include the

following information in its Qualification Statement along with supporting documents:

2.1.1 Waste to Energy Projects/Power Generation Projects/Other Projects in respect of

which it has successfully raised equity financing of at least USD 4 million in

aggregate in the past 15 years in the aggregate; and

2.1.2 Waste to Energy Projects, Power Generation Projects or Other Projects in respect

of which it has successfully raised debt financing of at least or USD 16 million in

the past 15 years in the aggregate;

2.2 The Bidder (or, in the case of a consortium Bidder, each member of the consortium)

should also provide the following financial information in the manner prescribed in the

Qualification Statement Form:

2.2.1 Certified copies of its audited balance sheets for immediate past three fiscal

years, which should be prepared in accordance with IAS/ BAS/GAAP and

Demonstrate the following:

• Profitability in 2 of the last 3 fiscal years;

• A Current Ratio (i.e. current assets divided by current liabilities) of no less

than 1:1 in 2 of the last 3 fiscal years;

• A Net Worth equal to or in excess of USD 20 million per year in 2 of the last

3 fiscal years;

provided, that, if one Member of a consortium that holds and will hold less than 5% of

the equity interest in the consortium and in the Company vehicle cannot satisfy the

financial requirements in this Section 2.2 (a 'Week Member'), the consortium Bidders

may nonetheless satisfy the qualification criteria required herein by delivering as a part

of qualification statement an Undertaking of the Lead Member and/or the Operating

Member (or a combination of them) addressed to Bangladesh Power Development

Board (BPDB) undertaking and agreeing that the Lead member and/or the operating

member, as the case may be, shall invest the equity of the member who cannot satisfy

the financial test in this section 2.2.1 to ensure the required equity investment for the

project.

2.2.2 If the Bidder is a consortium, the net worth requirement mentioned in

Section shall be split up among the consortium members, proportionate to

their equity share in the consortium. All members of the consortium must

fulfill the net worth requirement in proportion to their equity share in the

consortium.

2.3 A Bidder (or, in case of consortium, each member of the consortium) may bypass the

the financial requirements of Section 2.2.1 if the bidder or the lead member (in case of

consortium) can demonstrate that it has total assets or in excess of US$ 0.12 billion and

the Net Worth equal to or in excess of US$ 30 million. In addition to that all other

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members of the consortium must fulfill the net worth requirement in proportion to their

equity share in the consortium audited balance sheet for most recent financial years. A

Bidder or consortium member that wishes to avail itself of the exemption in this Section

2.3 must substantiate its claim by attaching to the Qualification Statement its audited

balance sheets for the immediately preceding fiscal year, which should be prepared in

accordance with IAS or BAS or GAAP.

2.4 For Purposes of calculating a Bidder's (or, in the case of a consortium, any of the

member(s)) equity raising, debt raising experience and Net Worth requirement to

determine compliance with the criteria described in Section 2.1 and Section 2.2, Only

Project/Company in which the Bidder (or in the Case of a Consortium, any of the

Member(s)) has or had an ownership interest of not less than 40% will qualify and may

be included.

3. Technical Criteria

3.1 Operating experience

3.1.1 At least 1 (One) year operating experience in waste to energy conversion

project having electricity generating capacity of 1 MW or more with a Power

Purchase Agreement and waste handling by a contract.

3.1.2 For purposes of determining compliance with the requirements of Section 3.1.1,

“successful” operation and management means all the following:

The Operation and Maintenance Agreements or the Power Purchase Agreements for

each of the cited waste to power projects.

The certificate from the Off-taker for their cited waste to Power projects. This Off-

taker certificate shall contain following information:

Name of the company who was owned and operate this waste to power

plant

Date of signing of the Power Purchase Agreement

Date of Commercial Operation Date

Capacity and availability of this waste to power plant

Name, mailing address, contact no of the Signatory of the Off-taker

Certificate.

3.2 Development Experience

3.2.1 The Bidder (or, in the case of a consortium Bidder, the Lead Member or the

Operating Member) must provide details in its Qualification Statement evidencing

its successful development at least one Waste to electricity project having

capacity of 1 MW or more.

3.2.2 For purposes of determining compliance with the requirements of Section

3.2.1, “successful” development means all the following:

• Having finalized and executed the Power Purchase Agreement (PPA) for the

project;

• Having brought the project to commercial operations.

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. The performance certificate mentioning the Commercial Operation Date from

the Off-taker for their cited waste to power projects.

Bidder will be required to provide in its Qualification Statement a list of the projects that

it wishes to cite in fulfillment of the criteria set out in this Section 3.1

3.2.3 For purposes of calculating an Bidder’s aggregate project experience to determine

compliance with the criteria described in Section 3.1, only projects in which the

Bidder (or, in the case of a consortium Bidder, the Lead Member or Operating

Member) held a majority ownership interest at the time at which such projects

achieved commercial operation will be counted.

4. Other Criteria

4.1 The Bidder shall provide the Bid Security in the form of an irrevocable and unconditional

bank guarantee, issued by a scheduled bank in Bangladesh in the format and language as

provided in Annex C, Exhibit I, Attachment I-2 (entitled “Bid Security”) of the RFP

payable to BPDB upon presentation to a bank in Bangladesh.

4.2 The validity of the Bid shall be for 9 (Nine) months from the Bid Date.

4.3 The Bidder or its parent company (or, in the case of a consortium Bidder each Member of

the consortium) must not have any litigation with a government owned or controlled entity

or power Off-taker/purchaser relating to an independent/rental power generation project in

the past 10 years.

4.4 Each Bidder must provide details in its Qualification Statement on any Material Disputes

which are either pending or have been resolved against it (or, in the case of a consortium

Bidder, any member of the consortium). If an Bidder (or, in the case of a consortium

Bidder, any member of the consortium) has a Material Dispute which is pending against it

as of the Qualification Closing Date and such Material Dispute is subsequently resolved

against the Bidder or such consortium member, the Bidder will be disqualified.

4.5 The Bidder must attach to its Qualification Statement, in the order set forth in the annex to

the Qualification Statement, certified true copies of the documents listed in that annex.

4.6 Each Bidder must pay a non-refundable processing fee of BDT 50000 .00 (BDT Fifty

Thousand ) upon the submission of its Qualification Statement. The processing fee should

be paid by an international bank draft encashable in any scheduled bank in Bangladesh or

local bank draft made payable to “Secretary, BPDB” and should accompany each Bidder’s

Qualification Statement.

4.7 BPDB reserves the right not to award the Project to any Bidder and may terminate the

bidding process at any time without thereby incurring any liability to any bidder.

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5. Exclusion Criteria

5.1 Bidders will be disqualified from the qualification process in any of the following

events:

5.1.1 Non compliance with any of the evaluation criteria and/or the requests and/or the

conditions set up in the Qualification Document or failure by a Bidder to provide any of

the required information or documentation in its Qualification Statement.

5.1.2 If any of the information submitted by a Bidder is found at any time during or after the

qualification process to have been inaccurate or misleading. 5.1.3 If a Material Dispute that is pending against a Bidder (or, in the case of a consortium

Bidder, any member of the consortium) as of the Bid Closing Date and such Material

Dispute is subsequently resolved against the Bidder or such consortium member.

5.1.4 Incomplete presentation of the documents or information requested.

5.1.5 Any clarifications requested by Bangladesh Power Development Board (BPDB) from a

Bidder are not received by a deadline reasonably set by BPDB.

5.1.6 Any consortium member participating as either a Lead Member or an Operating

Member with more than one Bidder.

6. Rejection Clause

6.1 Bidders shall be disqualified from the Qualification process in any of the following events:

6.1.1 The Bid Security amount is less than the required amount as mentioned in this Bid

Document

6.1.2 If the Bid Security has not been submitted as per clause no 4.1 and 4.3.

6.1.3 If any Litigation is pending as mentioned in Clause 4.3 as of the Bid Date.

6.1.4 Bidder offering the Required Commercial Operations Date beyond eighteen (18) Months.

6.1.5 Any Bidder or consortium Member participating in more than one Bid for this project.

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ANNEX A

THIS QUALIFICATION STATEMENT CONSISTS OF THE FOLLOWING FORMS

AND ANNEXES

a. A Qualification Cover Letter (Annex A-1), which should be signed by each Bidder

(or, in the case of a consortium Bidder, each member of the consortium).

b. A Qualification Statement Form (Annex A-2), which should be signed by an

authorized signatory of each Bidder.

c. A Signing Authorization Form (Annex A-3), which should be signed by each Bidder

(or, in the case of a consortium Bidder, each member of the consortium).

d. Each of the following annexes:

Annex A Certified true copies of the constitutional documents of the Bidder (or,

in the case of a consortium Bidder, constitutional documents of each

member of the consortium), together with certified English language

translations of such documents where the originals of such documents

are not in the English language.

Annex B (only for consortium Bidders) Certified true copy of the consortium

agreement detailing the terms on which the consortium has been

established, which should include the following information:

Identification of the Lead Member and Operating Member of the

consortium; and Extent of shareholding of each member in the

consortium.

Annex C (only for Bidders who have responded affirmatively to Question 1 of

Part B of the Qualification Statement) Certified true copies of the

Bidder’s audited balance sheets (or, in the case of a consortium Bidder,

the audited balance sheets of the Lead Member) for the most recent

financial year, which should be prepared in accordance with

International Accounting Standards (IAS)or Bangladesh Accounting

Standards (BAS)or GAAP and evidence total assets of US$ 0.12 billion

Crore and Net Worth equal to or in excess US$ 30 million.

Annex D (for Bidders who did not respond affirmatively to Question 1 of Part B

of the Qualification Statement) Certified true copies of the Bidder’s

audited balance sheets (or, in the case of a consortium Bidder, the

audited balance sheets of each of the consortium member) for the past

three fiscal years, which should be prepared in accordance with

International Accounting Standards (IAS)or Bangladesh Accounting

Standards (BAS), or GAAP and demonstrate the following according to

the Section 2.2.1:

-Profitability in 2 of the last 3 fiscal years;

-A Current Ratio (i.e. current assets divided by current liabilities)

of no less than 1:1 in 2 of the last 3 fiscal years;

-A Net Worth equal to or in excess of USD 20 million in 2 of the

last 3 fiscal years;

Annex E Documents in support of raising equity and debt experience project

development and operating experience following the criteria set in 2.1.1

2.1.2. 3.1 And 3.2

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Annex F Copies of the resolution of the Board of Directors of all the consortium

member companies /firms that include (i) its decision of the

company/firm to participate the bidding process of the Project (ii) its

equity commitment in the project company and (iii) Authorizing an

officer of the consortium member company to sign the consortium or

joint Venture Agreement on behalf of the company/firm.

Annex G : The Bid Security in the form of an irrevocable and unconditional bank

guarantee in the format and language as provided in Annex D, Exhibit

I, Attachment I (entitled, "Bid Security") of the Request for Proposal

(RFP) payable to BPDB upon Presentation to a bank in Bangladesh at

the rate of US$10,000 per MW of the offered capacity.

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ANNEX A-1

QUALIFICATION COVER LETTER

To: Secretary

[INSERT DATE]

From: [INSERT BIDDER NAME & ADDRESS]1

The Bidder, [INSERT NAME], through this letter is requesting participation in the qualification

process for Implementation of 5 MW±20% grid connected waste to Power project on Build

Own and Operate (BOO) basis at Jalkuri, Narayanganj (the “Project”) in the People’s Republic

of Bangladesh.

The Bidder hereby declares, in accordance with Section II of the Qualification Document that it:

(a) Authorizes Bangladesh Power Development Board (BPDB) to proceed with the due

diligence necessary to verify the information presented by the Bidder in connection with the

qualification process;

(b) Confirms the veracity of the information presented by the Bidder in this Qualification

Statement and otherwise in connection with the qualification process;

(c) Has not participated in the qualification process through another Bidder either directly or

through its subsidiaries and/or affiliates.

The Bidder confirms that it accepts the qualification criteria as stipulated in the Qualification

Document dated [INSERT DATE OF Qualification Document] in relation to the implementation

of the Project and waives any right to seek and obtain any court injunction or restraining order

against the Government of the People’s Republic of Bangladesh or Ministry of Power, Energy

and Mineral Resources or any other government authority involved in the implementation of the

Project to prevent or restrain the qualification process, the holding of a tender, the award of any

related contract or any proceedings related thereto.

Yours sincerely,

[Name of Bidder]23

1Consortium Bidders should include the name and address of each member of the consortium.

2Consortium Bidders should have each member of the consortium execute the cover letter.

3This form to be notarized.

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ANNEX A-2

QUALIFICATION STATEMENT FORM

Date of submission: ______________________

A: Bidder Details

Name: _________________________________________ Jurisdiction of Incorporation:

_______________________________________ Type of Organization:

corporation/partnership/limited liability company/other: _________ Mailing Address4

:

_______________________________________________________

Telephone number: _______________________ Fax number: _______________________

Contact details of representative to whom correspondence should be addressed: Name:

_______________________________________ Mailing Address:

______________________________________________________ Telephone number:

_______________________ Fax number: _______________________ (For consortium

Bidders)

Lead Member: _______________________________________ Shareholding: ________%

Operating Member: ___________________________________ Shareholding: ________%

Other members: _______________________________________ Shareholding: ________%

Shareholding: ________%

Contracted Facility Capacity Offered : ________ MW

Validity of the Bid ______ Months

Bid Security Amount ________ USD

Validity of the Bid Security

________ Months.

The Bidder should attach certified copies of the documents required as Annex A

and Annex B (if applicable) to this Qualification Statement.

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Consortium Bidders should provide address and contact details for the Lead Member.

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B: Financial Criteria

(1)

(a) Does the Bidder (or, in the case of a consortium Bidder, the Lead Member) have total

assets equal to or exceeding US$ 0.12 billion and Net Worth equal to US$ 30 million?

___Yes

___No

(b) In the case of a consortium Bidder, all the members of the consortium except weak

member must fulfill the net worth requirement in proportion to their equity share in the

consortium for the most recent financial year.

Bidders responding affirmatively to Question 1 should provide their audited balance sheets

(or, in the case of a consortium Bidder, the audited balance sheets of the Lead Member) for

the most recent financial year as Annex C to this Qualification Statement.

(2) Bidders who did not respond affirmatively to Question 1 should provide the following

additional information (please complete the table and then answer the questions below):

Bidder/ In

Millions

Bidder (or, in the case of

a consortium Bidder, the

Lead Member)

Member A Member B

Year Year

1

Year

2

Year

3

Year

1

Year

2

Year

3

Year

1

Year

2

Year

3

Net Income in

USD

Current Assets

Current Liabilities

Current Ratio

(a) Has the Bidder (or, in the case of a consortium Bidder, each member of the consortium)

demonstrated profitability requirement of sub-section 2.2.1 of Section II?

____ Yes

____ No

(b) Does the Bidder (or, in the case of a consortium Bidder, each member) meet a Current Ratio

of requirement of sub-section 2.2.1 of Section II?

____ Yes

________No

Bidder / In Millions Lead Member Member A Member B

Net Worth

Required Net Worth

(Taka US$ 30 millionX ……%

of equity share/100)

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Bidder/ In Millions

Bidder (or, in the case of

a consortium Bidder,

the Lead Member)

Member A Member B

Year Year

1

Year

2

Year

3

Year

1

Year

2

Year

3

Year

1

Year

2

Year

3

Total Asset

Total Liability

Net Worth

Required Net Worth

(Taka US$ 20 million X ……% of

equity share/100)

(c) Does the Bidder have a Net Worth of no less than US$ 20 million or in case of

consortium Bidder each member of the consortium has a net worth of no less than

required net worth calculated as a portion of US$ 20 million in proportion to their

equity share in the consortium?

__ Yes

___No

Bidders are required to respond affirmatively to each of parts (a) through (c) of Question

2 in order to meet the financial criteria for the qualification process. Bidders (or in case

of consortium, each member) should provide their audited balance sheets for the three

most recent financial years as Annex D to this Qualification Statement. If the Bidder is a

consortium, the net worth requirement mentioned in Section 2.2.1 shall be split up

among the consortium members, proportionate to their equity share in the consortium.

All members of the consortium must fulfill the net worth requirement in proportion to

their equity share in the consortium.

(3) Please list one or more projects in respect of which the Bidder (or, in the case of a

consortium Bidder, the Lead Member) has raised equity financing of at least US$ 4 million in the past 15 years in the aggregate.

Project

Name Offtaker Name Location Country

Completion

Date

Amount

Raised

(4) Please list one or more projects in respect of which the Bidder (or, in the case of a

consortium Bidder, the Lead Member) has raised debt financing of at least US$16 million the past 15 years in the aggregate :

Project

Name Offtaker Name Location Country

Completion

Date

Amount

Raised

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C: Technical Criteria

Operating Experience

(1) Please list each waste to electricity power generation project with a generating capacity

of 1 MW or more such project is located in respect of which the Bidder (or, in the case

of a consortium Bidder, the Lead Member or Operating Member) has successfully

operated over the past 1 year within last 15 years with a Power Purchase Agreement

and waste handling by a contract. :

Project

Name

Offtaker

Name Location Country

Completion

Date

Capacity

in KW

PPA

with

Waste

handling

contract

with

(1) Have the calculations of mega wattage for purposes of the responses to

questions (1) above been made in accordance with the requirements of sub-section 3.1

of Section II of the Qualification Document?

______ Yes

______ No

(2) Have the calculations of year for purposes of the responses to questions (1) above been

made in accordance with the requirements of sub-section 3.1 of Section II of the

Qualification Document?

______ Yes

______ No

______ No

(3) Have the Power Purchase Agreement for purposes of the responses to questions (1)

above been made in accordance with the requirements of sub-section 3.1 of Section II of

the Qualification Document?

______ Yes

______ No

______ No

(4) Have the contract for waste handling for purposes of the responses to questions (1)

above been made in accordance with the requirements of sub-section 3.1 of Section II of

the Qualification Document?

______ Yes

______ No

Development Experience

(1) Does the Bidder (or, in the case of a consortium Bidder, the Lead Member or the

Operating Member) meet the development experience requirements of sub-section 3.2 of

Section II of the Qualification Document? ______ Yes

______ No

18

(2) Please list each waste to electricity power generation project with a generating capacity

of 1 MW or more in respect of which the Bidder (or, in the case of a consortium Bidder,

the Lead Member or the Operating Member) has successfully developed

Project

Name

Off taker

Name Location Country

Completion

Date

Capacity in

MW

(3) Do all of the projects cited in the response to questions (1) and (2) above meet the

criteria for “successful” management set out in sub-section 3.2.2 of Section II of the

Qualification Document?

______ Yes

______ No

(4) Have the calculations of mega wattage for purposes of the responses to questions (1) and

(2) above been made in accordance with the requirements of sub-section 3.1.3 of Section

II of the Qualification Document?

______ Yes

______ No

D: Other Criteria

(1) Please provide details on any litigation with any governmental entity or Off-taker

relating to any power project, which are still pending. Answers may be submitted on a

separate page if necessary.

Year Nature of litigation Outcome Damages payable

------ ---------------------- ------------ -------------------------

------ ---------------------- ------------ -------------------------

------ ---------------------- ------------ -------------------------

------ ---------------------- ------------ -------------------------

E: Processing Fee

i) Has the Bidder submitted the Processing fee as per Section 4.6 ?

____ Yes ____ No

ii) Whether the submitted Processing fee is acceptable? ____ Yes ____ No

F: Bid Security

i) Has the Bidder submitted the Bid Security as per Section II A 4.1 ?

____ Yes ____ No

ii) Whether the submitted Bid Security is acceptable? ____ Yes ____ No

19

G: Attestations

We hereby certify and confirm that, as of the date of this Qualification Statement, all of the

information provided herein (including all information provided in Section D hereof with respect

to material disputes and all supporting documentation annexed hereto) is true, correct and

complete.

Signed by:

Authorized Signatory

20

ANNEX TO QUALIFICATION STATEMENT

SUPPORTING DOCUMENTATION TO BE FURNISHED BY BIDDER

We hereby submit for your examination and consideration each of the following documents:

a. A Qualification Cover Letter (Annex A-1), which should be signed by each Bidder

(or, in the case of a consortium Bidder, each member of the consortium).

b. A Qualification Statement Form (Annex A-2), which should be signed by an

authorized signatory of each Bidder.

c. A Signing Authorization Form (Annex A-3), which should be signed by each Bidder

(or, in the case of a consortium Bidder, each member of the consortium).

d. Each of the following annexes:

Annex A Certified true copies of the constitutional documents of the Bidder (or,

in the case of a consortium Bidder, constitutional documents of each

member of the consortium), together with certified English language

translations of such documents where the originals of such documents

are not in the English language.

Annex B (only for consortium Bidders) Certified true copy of the consortium

agreement detailing the terms on which the consortium has been

established, which should include the following information: -

Identification of the Lead Member and Operating Member of the

consortium; and -Extent of shareholding of each member in the

consortium.

Annex C (only for Bidders who have responded affirmatively to Question 1 of

Part B of the Qualification Statement) Certified true copies of the

Bidder’s audited balance sheets (or, in the case of a consortium Bidder,

the audited balance sheets of the Lead Member) for the most recent

financial year, which should be prepared in accordance with

International Accounting Standards (IAS)/ Bangladesh Accounting

Standards (BAS)/ GAAP and evidence total assets of USD 0.12 billion

and Net Worth equal to or in excess USD 30 million.

Annex D (for Bidders who did not respond affirmatively to Question 1 of Part B

of the Qualification Statement) Certified true copies of the Bidder’s

audited balance sheets (or, in the case of a consortium Bidder, the

audited balance sheets of each of the consortium member) for the past

three fiscal years, which should be prepared in accordance with

International Accounting Standards (IAS)/ Bangladesh Accounting

Standards (BAS) and demonstrate the following according to the

Section 2.2.1:

-Profitability in 2 of the last 3 fiscal years;

-A Current Ratio (i.e. current assets divided by current liabilities)

of no less than 1:1 in 2 of the last 3 fiscal years;

-A Net Worth equal to or in excess of USD 20 million in 2 of the

last 3 fiscal years;

Annex E Documents in support of raising equity and debt; project development

and operating experience following the criteria set in 2.1.1, 2.1.2. 3.1

21

and 3.2

Annex F Copies of the resolution of the Board of Directors of all the

consortium member companies /firms that include (i) its decision of

the company/firm to participate the bidding process of the Project

(ii) its equity commitment in the project company and (iii)

Authorizing an officer of the consortium member company to sign

the consortium or joint Venture Agreement on behalf of the

company/firm.

Annex G : The Bid Security in the form of an irrevocable and unconditional

bank guarantee in the format and language as provided in Annex

D, Exhibit I, Attachment I (entitled, "Bid Security") of the Request

for Proposal (RFP) payable to BPDB upon Presentation to a bank

in Bangladesh at the rate of US$10,000per MW of the offered

capacity.

22

ANNEX A-3

SIGNING AUTHORIZATION

To: Secretary, Bangladesh Power Development Board (BPDB)

[INSERT DATE]

From: [INSERT BIDDER NAME & ADDRESS]5

Dear Sir,

We refer to our Qualification Statement in respect of that certain for implementation of 5

MW±20% grid connected waste to Power project on Build Own Operate (BOO) basis at

Jalkuri, Narayanganj area in the People’s Republic of Bangladesh.

We hereby confirm that the following person(s) is/are authorized to execute the Qualification

Statement, together with any other documents delivered to you in connection therewith, on our

behalf

Name Passport Number /Country

of Issue Specimen Signature

We confirm that we will be responsible for any representations and/or statements made in any

documents delivered to you in connection with the qualification process which are executed by

the above persons.

Yours sincerely,

[Name of Bidder]6

Consortium Bidders should include the name and address of each member of the consortium.