Ibri II Solar IPP - RFQ - 27-Dec-2017

Tender 21/2017
Request for Qualifications for the

development of Ibri II Solar
Independent Power Project
Oman Power and Water Procurement Company SAOC
28 December 2017
Synergy Consulting and Ahli Bank
Fichtner
DLA Piper
Notice
All information contained in this RFQ, including financial, geographic, commercial, legal and
technical information, has been included in this RFQ for illustrative and information purposes
only. Each Applicant shall be solely and fully responsible for satisfying itself as to the
information required to submit an application to qualify, and to undertake the Project in
accordance with the terms of its application if the application is successful and the Applicant
subsequently submits a Bid to undertake the Project.
Whilst the information contained in this RFQ has been prepared in good faith, it does not
purport to be comprehensive nor to have been independently verified. Neither OPWP nor its
employees, agents or advisors make any representation or warranty, express or implied,
with respect to the veracity, adequacy, accuracy, reasonableness or completeness of the
information contained in this RFQ or with respect to the information on which it is based or in
respect to any written or oral information or representation given or made or to be given or
made by OPWP or any of its advisors to any Applicant or its professional advisors, whether
given or made prior to or after the issue of this RFQ (collectively, the "Information").
OPWP and its advisors hereby expressly disclaim any and all liability (other than in respect
of fraudulent misrepresentation) arising out of or in relation to the Information (including in
relation to any omissions therefrom) and in respect of the use of and/or reliance on such
Information by Applicants and/or their advisors.
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TABLE OF CONTENTS
1 INTRODUCTION..................................................................................................................... 6
1.1 Background 6
1.2 Objectives 7
1.3 Pre-Qualification Process Timetable 7
2 OUTLINE COMPETITION PROCESS....................................................................................8
3 PROJECT TECHNICAL SPECIFICATIONS...........................................................................9
4 PROJECT STRUCTURE AND CONTRACTUAL FRAMEWORK.........................................10
4.1 Introduction 10
4.2 Project Agreements 10
4.3 Project Financing Aspects 12
5 RELEVANT REGULATORY FRAMEWORK........................................................................13
6 ELIGIBILITY REQUIREMENTS AND SELECTION PROCESS............................................14
6.1 Introduction 14
6.2 General Considerations 14
6.3 Applicant Entities - Single Entity Applicant 14
6.4 Applicant Entities - Consortium Applicant 15
6.5 Evaluation of Statement of Qualifications 17
7 INSTRUCTIONS TO APPLICANTS......................................................................................21
7.1 Use of the Extranet 21
7.2 Clarifications and Additional Information Request 21
7.3 Submission of the SOQ 22
7.4 Original documents 22
7.5 Ownership of SOQs 23
7.6 Language 23
7.7 Sealing and Marking of the SOQ Submission 23
7.8 SOQ Opening 23
7.9 Responsibility of Applicant 23
7.10 Submissions by Consortium 24
7.11 Information Requirement in SOQ 24
7.12 Other Conditions 27
7.13 Evaluation and Notification of Evaluation Results 28
APPENDIX A: FORM OF SUBMISSION LETTER....................................................................29
APPENDIX B: EXECUTIVE SUMMARY – BASIC INFORMATION ON APPLICANT..............31
APPENDIX C: FINANCIAL INFORMATION.............................................................................34
APPENDIX D.1: SUMMARY OF IPP/IWPP DEVELOPMENT EXPERIENCE...........................36
APPENDIX D.2: SUMMARY OF SOLAR PV IPP DEVELOPMENT EXPERIENCE..................38
APPENDIX D.3: SUMMARY OF SOLAR PV POWER PLANT DEVELOPMENT
EXPERIENCE.......................................................................................................................... 41
APPENDIX E: SUMMARY OF PROJECT OWNERSHIP EXPERIENCE FOR IPPS/ IWPPS
43
APPENDIX F: SUMMARY OF O&M EXPERIENCE FOR IPPS/IWPPS....................................45
APPENDIX G: FORM OF REQUEST FOR CLARIFICATION...................................................47
APPENDIX H: AER GUIDANCE ON APPROPRIATE PERSON CRITERIA LETTER..............48
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GLOSSARY OF TERMS
Advisors Synergy Consulting and Ahli Bank (together the “Financial
Advisor” or “FA”), DLA Piper (“Legal Advisor” or “LA”) and
Fichtner (“Technical Advisor” or “TA”) (each an Advisor).
Applicant An interested party which (either individually or jointly as a
consortium or other combination of entities) submits an SOQ
in response to this RFQ.
Appropriate Person Criteria The technical, financial and other criteria published by the
Authority and used by the Authority in accordance with the
Sector Law to determine whether or not to grant a licence or
exemption, as stipulated in Article 4 of the Sector Law, to a
person seeking to undertake one or more of the regulated
activities stipulated in Article 3 of the Sector Law.
Authority or AER The Authority for Electricity Regulation established pursuant
to Article 19 of the Sector Law with regulatory authority for the
electricity and desalinated water sectors in Oman, having its
postal address at PO Box 954, Postal Code 133, Al Khuwair,
Sultanate of Oman.
Authorised Representative The representative appointed by an Applicant in accordance
with Section 101.
Bid A bid to undertake the Project submitted by a Pre-Qualified
Person.
Bidder or Bidders A Pre-Qualified Person who submits a Bid.
Bidding Group Collectively all the Bidding Group Members of a Bidder where
such Bidder takes the form of a consortium, joint venture or
general partnership.
Bidding Group Member A member or participant in a Bidding Group.
BOO Build, own, operate.
BOOT Build, own, operate and transfer.
Capital Cost Recovery Payments made by OPWP to Project Company to cover
Charge capital costs incurred by Project Company such as debt
service, return on capital and tax and custom duties.
COD Commercial Operation Date.
Contracted Energy Charge The Capital Cost Recovery Charge and the O&M Cost
Recovery Charge, as applicable.
Commercial Companies The Commercial Companies Law promulgated by Royal
Law Decree No. 4/1974 as amended.
CPI Consumer Price Index
ECA Electricity Connection Agreement.
EHC Electricity Holding Company SAOC.
EIA Environmental Impact Assessment.
EPC Engineering, Procurement and Construction.
EU European Union.
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Extranet The secure extranet site managed by Legal Advisor on behalf
of OPWP in accordance with Section 96.1 of this RFQ.
GAAP Generally Accepted Accounting Principles.
Government The Government of the Sultanate of Oman.
Grid Code The document entitled “Grid Code 2.0” published by OETC
and Grid Code Review Panel in April 2010 as updated and
amended.
Holding Company Shall have the meaning ascribed to it in Section 128.1.1.1(ii)
of this RFQ.
Home Country The country where an Applicant, Managing Member or
Qualifying Consortium Member has its principal place of
business (measured by reference to the largest proportion of
its turnover) and, in addition, where the Applicant has a
Parent Company, the country (if different) where that Parent
Company has its principal place of business (measured on
the same basis).
IAS International Accounting Standards.
IFRS International Financial Reporting Standards.
IPP Independent Power Project.
Issue Date The date on which this RFQ is issued and which forms the
basis of the Pre-Qualification Process Timetable.
IWP Independent Water Project.
IWPP Independent Water and Power Project.
Managing Member The designated lead member of an Applicant that comprises
a consortium of entities.
MDC Majan Distribution Company S.A.O.C
MER Minimum Eligibility Requirement.
MIGD Million Imperial Gallons per Day.
MIS Main Interconnected System.
MOH Ministry of Housing.
MW MegaWatt.
OETC Oman Electricity Transmission Company SAOC.
OPWP Oman Power and Water Procurement Company SAOC.
O&M Operation and maintenance.
O&M Cost Recovery Payments made by OPWP to Project Company to cover the
Charge operating costs (both fixed and variable) of electricity
generation.
Parent Company A company that is a Holding Company for an Applicant,
Managing Member or Qualifying Consortium Member.
PAEW Public Authority for Electricity and Water.
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PCC Point of Common Coupling
PFA Project Founders’ Agreement.
PPA Power Purchase Agreement.
PPI Purchasing Power Index
Pre-Qualification Process The timetable for the pre-qualification process under this RFQ
Timetable as described in Section 9.1 of this RFQ.
Pre-Qualified Person An Applicant which, on the basis of its SOQ, is pre-qualified in
accordance with this RFQ to submit a Bid.
Project The development, financing, design, engineering,
construction, ownership, operation and maintenance of a
solar PV power plant and associated facilities currently
planned to be located at Ibri in the Sultanate of Oman.
Project Agreements The agreements detailed in Section 34.1 of this RFQ.
Project Company The company established by the successful Bidder to
implement the Project in accordance with Section 30.1.
RFP Request for Proposals.
RFQ Request for Qualifications.
Qualifying Consortium A member of an Applicant that comprises a consortium of
Member entities and that is relied upon to meet one or more MERs.
SCOD Scheduled Commercial Operation Date.
Sector Law The Law for the Regulation and Privatisation of the Electricity
and Related Water Sector promulgated by Royal Decree No.
78/2004 issued on 21 July 2004 as amended.
SOQ Statement of Qualifications.
SOQ Date The date of the SOQ submission by a Bidder and which will
be used as the base date for the evaluation of satisfaction of
MERs by that Bidder.
SOQ Submission Deadline The SOQ submission deadline more particularly described in
the Pre-Qualification Process Timetable.
STC Standard Test Conditions
Tender Law The Tender Law promulgated by Royal Decree No. 36/2008
issued on 1 October 2008 as amended.
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1 Introduction
1.1 Background
2 OPWP is issuing this RFQ to seek detailed qualifications from experienced parties,
which may be a single entity responding individually, or a consortium or other
combination of entities responding jointly and severally, to this RFQ for the Project.
3 The Project will use PV technology to produce electricity for transmission and
distribution in the MIS grid. Following the successful programme of IPPs, IWPPs
and IWPs in Oman, OPWP wishes to execute the Project in substantially the same
way as the existing IPPs/IWPPs/IWPs. The Project is to be funded by the private
sector and will also follow a similar structure in terms of risk allocation to the
previous IPPs in Oman.
4 It is anticipated that the Project will have a requirement for a maximum capacity of
500 MW at the Point of Common Coupling (PCC), and a minimum installed DC
capacity of 500 MWp at Standard Test Conditions (STC).
5 The net electrical energy produced by the plant will be purchased from the Project
under a long term PPA to be entered into with OPWP. The Project will therefore
benefit from the contracted revenues paid by OPWP under the PPA for the term of
the agreement.
6 OPWP intends to introduce an electricity spot market in Oman during the term of the
PPA which will operate alongside and in conjunction with existing and future long
term PPAs entered by OPWP. The introduction of these new arrangements will not
affect the procurement of the Project or the commitment of OPWP to enter into the
PPA for purchasing the output of the Project but will require the Project Company to
participate in the electricity spot market by providing information and data (including
operational, performance, output and pricing data) as may be required. Further
details in relation to this requirement and any obligations on the Project Company
will be detailed in the RFP.
7 Oman has an extensive and successful track record of private sector participation in
the electricity and desalinated water sectors as illustrated in the table below:
Table 1: IWP, IWPPs and IPPs in Oman

Project Power / Year Lead founder
Water capacity awarded
Manah 90 MW 1994 Suez Energy
Phase I IPP
Manah Phase II IPP 190 MW 1999 Suez Energy
Al Kamil IPP 285 MW 2000 International Power
Barka Phase I IWPP 427 MW 2000 AES
20 MIGD
Salalah Power System 240 MW 2001 PSEG
Sohar I IWPP 585 MW 2004 Suez Energy
33 MIGD
Sur IWP 20.3 MIGD 2007 Veolia
Rusail & Barka Phase II 1240 MW 2006 Suez Energy
IWPP 26.4 MIGD
Salalah I IWPP 445 MW 2009 Sembcorp Utilities
15 MIGD
Barka III /Sohar II IPPs 750 MW (each) 2010 Suez Energy
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Project Power / Year Lead founder
Water capacity awarded
Sur IPP 2000 MW 2011 Marubeni
Al Ghubrah IWP 42 MIGD 2013 Malakoff
Qurayyat IWP 44 MIGD 2014 Hyflux
Salalah 2 IWPP 445 MW 2015 ACWA
Ibri IPP 1509 MW 2015 Mitsui
Sohar IPP 1710 MW 2015 Mitsui
Barka IWP 62 MIGD 2015 Itochu
Sohar IWP 55 MIGD 2015 Valoriza Agua
Salalah IWP 22 MIGD 2017 ACWA
Sharqiyah IWP 17.6 MIGD 2017 JGC
8 The issue of this RFQ is a continuation of the implementation by the Government of
its privatisation policies designed to encourage private sector participation in the
power and water sector.
8.1 Objectives
9 OPWP has several objectives in implementing the Project, including:

 achieving Oman’s vision to diversify fuel sources through the use of clean
energy for power generation
 ensuring the security of power supply to the region supplied by the MIS;
 ensuring that power sector transactions are undertaken on a commercial basis,
so as to increase transparency and economic and business efficiency, thereby
achieving economic tariffs for electricity production;
 promoting foreign and local private sector investment and participation in the
Sultanate of Oman;
 maximising the use of Omani products and services, including creating
employment and training opportunities for Omani nationals; and
 transferring new and proven power production technology to the Sultanate of
Oman.
9.1 Pre-Qualification Process Timetable
10 The expected Pre-Qualification Process Timetable is set out in the table below.
Please note that if the date for a milestone falls on a non-business day in Oman, the
relevant date will be the next Omani business day.
Table 2: Pre-Qualification Process Timetable
S.No
Milestone Timeline
.
1 Issue of RFQ Issue Date (ID)
2 Deadline for Clarification Questions ID + 28 calendar days
Deadline for Responses to
3 ID + 42 calendar days
Clarification Questions
ID + 56 calendar days, 10 am Gulf
4 SOQ Submission Deadline
Standard Time
Declaration of Pre-Qualified
5 ID + 108 calendar days
Persons

S.No
Milestone Timeline
.
6 Issue of RFP ID + 108 calendar days
11 Outline Competition Process
12 The competition process will be carried out in accordance with principles of

transparency, due process, equal opportunity and freedom of competition and in all
cases without discrimination or partiality between persons and in accordance with the
Tender Law.
13 The competition process will include this separate qualification stage (RFQ) and a
subsequent bidding stage (RFP).
14 Only Applicants who submit an SOQ and become Pre-Qualified Persons will be
entitled to submit a Bid in response to the RFP. The RFP will set out the terms under
which the Pre-Qualified Persons will be invited to submit a Bid for the Project.
15 Pre-Qualified Persons who elect to submit a Bid in response to the RFP will be
required to submit a Bid to provide the total required capacity.
16 As part of their response to the RFP, Bidders shall be required to submit a bid bond
in respect of the performance of their obligations under and arising from the RFP.
17 During the bidding stage there will be two rounds of clarifications. Pre-Qualified
Persons may use the clarification rounds to seek and justify any changes to the draft
Project Agreements that will be included in the RFP. However, changes will be
limited to project specific issues in the knowledge that the Project Agreements are of
precedent form (as modified to reflect the technological differences between a
conventional IPP and a solar PV IPP) and have been previously successfully
executed. If required, a revised set of Project Agreements containing any changes
accepted by OPWP will be released prior to the Bid submission deadline.
18 During the bidding stage there will also be a requirement for Pre-Qualified Persons to
provide a technical submission in advance of the Bid that will include the provision of
limited technical information about their Bid and construction schedule.
19 Following evaluation of the Bids received, the Project will be awarded to the Bidder
who has been evaluated as providing a compliant Bid that meets the requirements of
the RFP and that provides the total required output at the most economic evaluated
tariff.

20 Project Technical Specifications
21 The Project includes the development, financing, design, engineering, construction,

ownership, operation and maintenance of a solar PV power plant with a maximum
capacity of 500 MW at the PCC, and a minimum installed DC capacity of 500 MWp at
STC. The solar PV plant is expected to be commissioned and the contracted
capacity made available by 1st June, 2021.
22 The Project is expected to be located at a site in Ibri, 208 km west from Muscat
International Airport and 238 km from Port Sultan Qaboos, Muscat.
23 Bidders will be encouraged to develop the Project on a sound technical basis using
proven technology with high efficiency, flexibility of operation and an environmentally
compliant configuration, as well as safe and reliable processes and operating
procedures. Furthermore, the capacity and plant layout at the site will need to be
optimised to fit within the constraints of the available site.
24 The EPC contractor proposed by the Bidders must be of high quality with
demonstrable expertise to design, procure, construct and commission the Project
and with a proven track record to complete projects on-time and with a high
emphasis on health, safety and environmental compliance.
25 Additional information on the site condition such as topography, geo-technical data,

climatic conditions, access to site, plot plan of site, interconnection points and areas
available for plant installation and site construction facilities will be provided as part of
the RFP to the extent that this information is available. However, Bidders will be
responsible for conducting their own independent investigations for acquiring all
relevant information required to propose an appropriate design for the Project.
26 The Project is required to be developed, constructed and operated according to local

environmental protection regulations and stipulations. The development of a full EIA
will be required as part of the Project. The successful Bidder will be responsible for
obtaining all necessary environmental approvals for the Project.
27 The technical specification to be included in the RFP will be purely functional and
include amongst other things the following items:
 minimum functional specifications;
 applicable standards;
 scope of plant;
 commissioning and testing requirements;
 dispatching and operational requirements;
 technical interfaces;
 health and safety requirements;
 environmental aspects; and
 architectural requirements.
28 The RFP will request Bidders to provide information, technical and performance data,
drawings, etc., that will be evaluated to ensure compliance with the technical
requirements.
29 The successful Bidder will be responsible for obtaining all necessary permits and
approvals for construction and operation required for the Project as a whole.

30 Project Structure and Contractual Framework
30.1 Introduction
31 The successful Bidder for the Project will be required to establish a special purpose
Project Company as an Omani company pursuant to the Commercial Companies
Law, the Tender Law and subject to the provisions of any subsequent Omani
legislation issued in this respect, to implement the Project and to enter into the
Project Agreement.
32 The Project Company will:
 be separately and independently financed;
 be subject to separate licensing arrangements;
 be fully owned by the successful Bidder or, in the case of a Bidder that is a
consortium, by the Managing Member of that consortium and the other
consortium members in the proportions specified in the SOQ subject to the
ownership constraints on the Managing Member and Qualifying Consortium
Members set out in Section 61.2 and 61.2; and
 enter into Project Agreements for the Project.
33 The Project Agreements that the Project Company will be required to enter into will
be substantially in the same form as for previous IPPs successfully developed and
financed in Oman, as modified to reflect the relevant differences between a
conventional and renewable IPP. It is the intention that related Project Agreements
will be agreed and executed on or before execution of the PPA. To facilitate the
bidding process, it is the intention that full drafts of these agreements will be made
available in the RFP.
34 It is important that the Project Company is established and has the requisite authority
to execute the Project Agreements at or around the time of the Project award.
34.1 Project Agreements
34.1.1 Power Purchase Agreement
34.1.1.1 The PPA will be the principal contract between the Project Company and OPWP. It
will set out the terms upon which the Project Company will design, construct and
commission the Project, operate the plant and sell electricity output of the Project to
OPWP and, in return, receive the tariff described below.
34.1.1.2 The PPA is expected to be for a period completing 15 years after SCOD of the
Project. It is anticipated that the SCOD of the Project will be the date set out in
Section 3.1 above.
34.1.2 Tariff Structure
35 In return for the Project Company selling the electricity output delivered in
accordance with dispatch instructions, OPWP will pay the Project Company the
Contracted Energy Charge with the following two elements:
(i) Capital Cost Recovery Charge; and
(ii) O&M Cost Recovery Charge
36 This Contracted Energy Charge will be set according to the amounts included and

evaluated in the successful Bidder’s Bid.
37 It is anticipated that the Capital Cost Recovery Charge component will be designed
to cover capital costs (including debt service, return on capital and tax and custom
duties) and the O&M Cost Recovery Charge component shall cover the operating
costs (both fixed and variable) of electricity generation.
38 It is anticipated that the Capital Cost Recovery Charge and O&M Cost Recovery
Change will be linked to the Omani Rial – US Dollar exchange rate, at a percentage
to be specified by the Bidder. The foreign portion of O&M Cost Recovery Charge
(portion to be specified by the Bidder) will be linked to the US PPI index and the local
portion will be linked to Omani CPI inflation rate.
39 The risk of curtailment or failure to take energy (including where transmission system
is incapable of evacuating power) would lie with OPWP. OPWP would be required to
make deemed electrical energy payment to the Project Company for the loss of
electrical energy delivered as a result of such curtailment, provided that (a) the
curtailment was not due to an emergency caused by the Project Company, and (b)
Project Company being able to demonstrate that it was able to produce electrical
energy during the period of curtailment.
39.1.1 Performance Bond
40 The PPA will require the Project Company to post a performance bond. The PPA will
include milestones for commencement of construction and COD of the Project, as
well as achieving minimum guaranteed performance. Failure to achieve these dates
or performance criteria may result in termination of the PPA and/or a claim under the
performance bond.
40.1.1 Dispatch Procedures
41 Currently plants within the MIS System are dispatched by the OETC load dispatch
centre in accordance with the provisions of the Grid Code. The Project Company will
receive dispatch instructions based on the availability declarations it makes.
41.1.1 Testing of the Project
42 The PPA for the Project will provide for the performance of acceptance tests for the
purpose of commissioning the Project, which must be duly completed in order to
achieve COD. Among other requirements, the acceptance tests will comprise tests
for functionality, performance, availability, reliability and health, safety &
environmental compliance. Once the COD of the Project has occurred, the PPA will
require the Project Company to undertake plant performance tests on an annual
basis to determine the actual performance of the Project.
42.1.1 Usufruct Agreement
42.1.1.1 Land rights for the Project site will be granted to the Project Company pursuant to a
usufruct agreement to be made and entered into between the relevant Government
authority and the Project Company.
42.1.2 Project Founders' Agreement
42.1.2.1 The successful Bidder (or the Managing Member and the Qualifying Consortium
Members for a Bidder that is a consortium) will be required to enter into a PFA with

the EHC for the Project. The PFA will contain certain restrictions on share disposals
and provide for the listing, by public offering, of a minimum percentage of 40% of
the issued share capital of the Project Company on the Muscat Securities Market,
noting that any public offering of more than 40% would require the prior approval of
EHC. This listing must take place within 15 months after the SCOD.
42.1.2.2 The PFA will also contain a right, but not an obligation, for the Government owned
PFA counterparty to acquire the balance of any shares that are not sold pursuant to
the public offering. Any such shares will be available to the relevant Government
authority at a price determined in accordance with a pre-agreed formula.
42.1.3 Electricity Connection Agreement
42.1.3.1 This agreement will be entered into between the Project Company and OETC and
will provide for the connection of the Project with the power transmission and
distribution system, respectively.
42.1.3.2 In addition to providing for the connection of the Project with the power transmission
and distribution system, the ECA will describe the boundary of ownership,
operational and safety responsibilities and the rights of each of the parties in
respect of power connection facilities.
42.1.4 Electricity Supply Agreement
42.1.4.1 This agreement will be entered into between the Project Company and MDC and
will provide for the supply of electricity to the Project following the COD.
42.1.5 Water Supply Arrangements
42.1.5.1 The Project Company is responsible for arranging all water supply required for the
construction and operation of the plant. It is expected that the Project Company will
enter into appropriate arrangements with suppliers in this regard, if required.
42.2 Project Financing Aspects
43 Financing for the Project will be the sole responsibility of the successful Bidder.
Bidders will not be restricted in any way from sourcing finance for the Project from a
combination of their own resources and from the debt markets, subject to any
limitations imposed by Omani law. OPWP recognises that the successful Bidder
may wish to raise limited recourse financing in relation to the Project and that
lenders may expect to be afforded certain rights in relation to such financing.
Accordingly, if required, relevant Project Agreements will contain provisions
requiring the counterparties to enter into appropriate direct agreements with the
lenders.
44 As part of the bidding process, Bidders will be required to submit clear evidence of
their committed financing with their Bids. Those Bidders seeking to finance the
Project Company using non-recourse or limited recourse project finance debt will be
required to submit evidence of their equity financing commitment together with
evidence in the form of letters of support / commitment letters from financial
institutions to provide the debt financing on these terms. Those seeking to utilise
other sources of finance will need to demonstrate and provide similar evidence that
the required funding has been allocated for the Project.

45 The execution of the Project Agreements will not be conditional on securing any debt
financing or achieving financial close for the Project. However, the evidence for any
debt financing proposals is expected to anticipate financial close within three
months of the execution of the PPA.
46 The Project Company will be required to provide limited notices to proceed to the
EPC contractors at or around the time of Project award.

47 Relevant Regulatory Framework
48 AER was established pursuant to article 19 of the Sector Law as an administratively

and financially independent entity and is statutorily competent to regulate the
electricity and water sector.
49 In Oman, each of the functions of electricity generation, transmission, distribution and

supply are subject to regulation pursuant to the Sector Law. A “single buyer” market
structure has been adopted (with OPWP as the central buyer) and a system of non-
discriminatory access to licensed electricity transmission and distribution systems
has been established.
50 The functions and scope of regulated activities undertaken by licensed entities and
their duties in relation to such regulated activities are described in detail in various
sections of the Sector Law.
51 Any person undertaking or seeking to undertake a regulated activity requires a

licence or a licence exemption from AER. Any person undertaking a regulated activity
is required to comply with the conditions of its licence or licence exemption. The
Sector Law requires the grant of a licence or exemption to be on the basis of a
written application submitted to AER. Sector Law requires AER to ensure that
licences or exemptions are only granted to “appropriate persons” as such term is
defined in the Sector Law, and to this end AER will evaluate Bidders’ compliance with
the Appropriate Person Criteria during the competition process. The Applicant should
therefore liaise with AER and provide with its SOQ 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. Guidance issued by AER to
Applicants for the Appropriate Person Criteria letter is available on the AER website
(www.aer-oman.org). The current guidance on the AERs' Appropriate Person Criteria
is, as of the time of issue of the RFQ, attached as Appendix H to this RFQ. Article 3
of the Sector Law provides that the functions assigned to OPWP under the Sector
Law shall be subject to the regulatory provisions of the Sector Law. Accordingly, both
the competition process in respect of the Project conducted by OPWP and the
contract management of the PPA will be regulated by the AER.
52 Pursuant to Article 74 of the Sector Law, OPWP's functions and powers include the
procurement of new electrical generation capacity. Article 74(j) of the Sector Law
provides that the purchase by OPWP of capacity and output shall be on the best
economic terms.

53 Eligibility Requirements and Selection Process
53.1 Introduction
54 In order to pre-qualify to bid for the Project, the Applicant must submit a detailed
SOQ by the SOQ Submission Deadline as set out in the Pre-Qualification Process
Timetable at Section 9.1. Based on the MERs and other considerations, Applicants
determined to be qualified will be invited to participate in a competitive bid process
for the Project. OPWP reserves the right to determine, at its absolute discretion,
the Applicant’s qualification to participate in the competitive bid process for the
Project and/or terminate any Applicant’s further participation in the process at any
time prior to the signing of the binding Project Agreements.
54.1 General Considerations
55 Considering the capacity of the Project and the critical need to ensure power demand
in the MIS is met in a timely manner, it is imperative that the Applicants for the
Project must demonstrate successful international experience gained from
developing power generation plant(s) outside of their Home Country.
56 The Applicant, or if the Applicant is a consortium, each consortium member, must be

a business organisation duly organised and existing and registered in good
standing under the laws of its country of incorporation.
57 Each Applicant that is a consortium should nominate a Managing Member who

should be experienced in the power generation industry. It is not required that a
consortium be formally constituted for the submission of an SOQ. However, any
subsequent change in the composition of the consortium will be subject to OPWP’s
written approval prior to the submission of the bid and following a re-evaluation of
the consortium’s qualifications. The re-evaluation will require the Applicant to
submit:
 further details of the information required in Appendix B in all cases;

 further details of the information required in Appendix C to Appendix F to the
extent that the change in the composition results in any change to the
Qualifying Consortium Members; and
 A revised letter from AER re-confirming the requirements of Section 135.
58 No Applicant that is a consortium may contain any entity that is a member, or have
an affiliate that is a member, of more than one consortium responding to this RFQ,
unless approved in writing by OPWP prior to the submission of the SOQ.
Applicants should note that this requirement is not intended to restrict envisaged
suppliers of equipment or services from supporting more than one Applicant in that
role.
59 An entity that is a potential O&M contractor or EPC contractor may be involved in its
contractual capacity alone with more than one Applicant and in this capacity will not
be treated as being part of the Applicant. However, where an O&M contractor
and/or EPC contractor is also participating directly as an Applicant (either as an
individual entity or as an entity forming part of a consortium that is an Applicant)
then it may only participate in an O&M or EPC contracting capacity in more than
one Applicant after obtaining written approval from OPWP prior to the submission of
the SOQ.

59.1 Applicant Entities - Single Entity Applicant
60 If the Applicant is a single entity, it must meet either of the following combination of
MERs:
a) all MERs except MER 2B (i.e. MER 1, MER 2A, MER 2C, MER 3 and MER 4
are satisfied); or
b) all MERs except MER 2A and MER 2C (i.e. MER 1, MER 2B, MER 3 and MER 4
are satisfied); or
c) all MERs
61 In addition, the Applicant will become the "Lead Founder" for the purposes of the
PFA and will be required to maintain the following equity commitments in the
Project Company which will be set out in the PFA:
(i) in the period prior to but excluding the date on which the Lead Founder
complies with its obligation under the PFA to list all the shares in the issued
share capital of the Project Company on the Muscat Securities Market and
offer for sale to the public in Oman 40%, or such other higher percentage as
may be approved by EHC, of the total issued share capital of the Project
Company (“Initial Offer for Sale”):
a. hold at least fifty decimal one percent (50.1%) of the shares in the Project
Company; and
b. not dispose of any of its initial equity or equity percentage in the Project
Company; and
(ii) in the period from the date of the Initial Offer for Sale up to the third
anniversary thereof, the Lead Founder must continue to hold its initial
shareholding, reduced pro-rata by any shares sold to the public under the
Initial Offer for Sale and any subsequent offers for sale in accordance with the
PFA and any exercise of the option provided to EHC under the PFA.
61.2 Applicant Entities - Consortium Applicant
62 An Applicant that is a consortium must nominate a Managing Member. The

Managing Member must, as a minimum:
(i) meet MER 1; and
(ii) meet either MER 2A or MER 2B or MER 3.
63 In addition, and subject to Section 68, the Managing Member will become the "Lead
Founder" for the purposes of the PFA and will be required to maintain the following
equity commitments in the Project Company which will be set out in the PFA:
(i) in the period prior to but excluding the date of the Initial Offer for Sale:
a. hold at least thirty-five percent (35%) of the shares in the Project

Company; and

Company; and
(ii) in the period from the date of the Initial Offer for Sale up to and including the
third anniversary thereof, the Lead Founder must continue to hold its initial
shareholding, reduced pro-rata by any shares sold to the public under the
Initial Offer for Sale and any subsequent offers for sale in accordance with the
PFA and any exercise of the option provided to EHC under the PFA.
64 In order to pre-qualify to bid for the Project, an Applicant shall need to satisfy either of
the following sets of MERs:
a) all MERs except MER 2B (i.e. MER 1, MER 2A, MER 2C, MER 3 and MER 4
are satisfied); or
b) all MERs except MER 2A and MER 2C (i.e. MER 1, MER 2B, MER 3 and MER 4
are satisfied); or
c) all MERs
65 Subject to sections 6.4.1 and 6.4.3, where not all MERs are satisfied by the
Managing Member, the remaining MERs must be met by another member of the
consortium (a Qualifying Consortium Member) so that all the requirements of
section 6.4.3 are satisfied by a combination of the Managing Member and the
Qualifying Consortium Members representing all or part of the consortium as a
whole. For the avoidance of doubt, each MER needs to be passed by either the
Managing Member or a Qualifying Consortium Member (as the case may be and
subject to the provisions of sections 6.4.1 and 6.4.3). In evaluating whether each
MER has been passed, this must be done by looking at the merits of either the
Managing Member or the Qualifying Consortium Member (as applicable) on an
individual basis and not in aggregation with any other member of the Applicant.
66 Each Qualifying Consortium Member will become a "Qualifying Founder" for the
purposes of the PFA and will be required to maintain the following equity
commitments in the Project Company which will be set out in the PFA:
a. hold at least twenty percent (20%) of the shares in the Project Company;
and
Company; and
third anniversary thereof, the Qualifying Founder(s) must continue to hold its
initial shareholding, reduced pro-rata by any shares sold to the public under
the Initial Offer for Sale and any subsequent offers for sale in accordance with
the PFA and any exercise of the option provided to EHC under the PFA.
67 Where a consortium member is neither a Lead Founder nor a Qualifying Founder, in

the period up to and including the date falling on the third anniversary of the of the
date of the Initial Offer for Sale, it shall be required to hold its initial shareholding,
reduced pro-rata by any shares sold to the public under the Initial Offer for Sale and

any subsequent offers for sale in accordance with the PFA and any exercise of the
option provided to EHC under the PFA.
68 In the event that an Applicant meets the MERs solely due to the qualifications of the
Managing Member, the Managing Member will be required to maintain the following
equity commitments in the Project Company which will be set out in the PFA:
a. hold at least fifty decimal one percent (50.1%) of the shares in the Project
Company; and
Company; and
third anniversary thereof, the Managing Member must continue to hold its
initial shareholding, reduced pro-rata by any shares sold to the public under
the Initial Offer for Sale and any subsequent offers for sale in accordance with
the PFA and any exercise of the option provided to EHC under the PFA.
68.2 Evaluation of Statement of Qualifications
69 Each SOQ will be evaluated to determine whether the Applicant satisfies the
following MERs.
69.1.1 Minimum Eligibility Requirement 1 (MER 1)
70 The Applicant (or the Managing Member for an Applicant that is a consortium) must
demonstrate that it has a minimum tangible net worth of US$ 250 million (or currency
equivalent) in each of the three (3) most recently completed fiscal years as
evidenced by audited accounts of the Applicant (or Managing Member).
71 Where the Applicant (or Managing Member) is a subsidiary of a Parent Company,
then the net-worth of the Parent Company of the Applicant (or the Managing
Member) and its subsidiaries may be taken into account. However, the Applicant (or
Managing Member) must confirm that the Parent Company will be prepared to issue
guarantees of support to the Applicant (or the Managing Member). Such Parent
Company guarantees will extend to both financial and other commitments of
resources. Any SOQ submitted by any Applicant (or Managing Member) which relies
on such Parent Company guarantee to meet the requirements of MER 1, which does
not include a confirmation from the Parent Company of its willingness to provide the
Parent Company guarantee in accordance with Section 139 will be disqualified.
72 The audited accounts of the Applicant (or Managing Member) and the Parent
Company, if applicable, should be prepared under IFRS/IAS, EU GAAP, US GAAP or
Japanese GAAP, and contain no material qualifications in the audit report. Where
the Applicant (or Managing Member) or Parent Company, if applicable, does not
prepare audited accounts under IFRS/IAS, EU GAAP, US GAAP or Japanese GAAP,
they are required to provide a statement from their auditors confirming that their
tangible net worth would not be materially affected by reporting under IFRS/IAS (or, if
materially affected, the extent of any restatement).
73 The financial details required to be submitted are to be provided by the Applicant in
the format contained in Appendix C.

73.1.1 Minimum Eligibility Requirement 2A (MER 2A)
74 The Applicant (or the Managing Member or a Qualifying Consortium Member for an
Applicant that is a consortium) must demonstrate that it has a strong track record of
successfully developing IPPs/IWPPs.
75 Eligible project references will be required for two (2) operational IPPs/IWPPs each
with a capacity of at least 300 MW, of which at least one (1) such project must be
located outside the Home Country of the Applicant or Managing Member or
Qualifying Consortium Member.
75.1.1.1 For the two (2) eligible project references that are provided for MER 2A:
a. both projects must have commenced commercial operations within a ten (10)
year period immediately preceding the SOQ Date; and
b. The Applicant, Managing Member or Qualifying Consortium Member must

have held a minimum fifteen percent (15%) equity in one (1) of the projects
and must have held a minimum twenty percent (20%) equity in the other
project with the equity having been held in both projects at both the date of
construction commencement and commencement of commercial operations.
In relation to projects where the government and/or its related entities are
mandated as a shareholder in the project company, the percentage equity
held by the Applicant, Managing Member or Qualifying Consortium Member
may be calculated based on the total equity available to the private sector
through the tender process applicable to such project. For example, if the total
equity available to the private sector in the project company is forty percent
(40%) and the Applicant, Managing Member or Qualifying Consortium
Member holds six percent (6%) equity, its effective equity holding for the
purposes of MER 2A will be considered to be fifteen percent (15%). This
should be clearly explained in the submission forms included in Appendix D.1.
76 Details of the eligible project references are to be provided by the Applicant in the
format contained in Appendix D.1.
77 In addition to eligible project references for MER 2A, Applicants are strongly
encouraged to provide information regarding all IPPs/IWPPs developed within a ten
(10) year period immediately preceding the SOQ date in a format similar to Appendix
D.1.
77.1.1 Minimum Eligibility Requirement 2B (MER 2B)
successfully developing solar PV IPPs (including management of design,
procurement and construction, and arranging financing).
79 Project references will be required for an aggregate capacity of 200 MW operational
solar PV IPPs, of which:
a) at least 100 MW aggregate capacity must be located outside the Home Country
of the Applicant or Managing Member or Qualifying Consortium Member; and
b) at least one (1) operational solar PV IPP to be greater than or equal to 50 MW
capacity.
80 Details of the project references are to be provided by the Applicant in the format

contained in Appendix D.2.
81 In addition to eligible project references for MER 2B, Applicants are strongly
encouraged to provide information regarding all solar PV IPPs developed within a ten
(10) year period immediately preceding the SOQ date in a format similar to Appendix
D.2.
81.1.1 Minimum Eligibility Requirement 2C (MER 2C)
successfully developing solar PV power plants (including management of design,
procurement and construction).
83 Project references will be required for an aggregate capacity of 200 MW operational
solar PV power plants, of which:
a) at least 100 MW aggregate capacity must be located outside the Home Country
of the Applicant or Managing Member or Qualifying Consortium Member; and
b) at least one (1) operational solar PV power plant to be greater than or equal to
50 MW capacity.
84 Details of the project references are to be provided by the Applicant in the format
contained in Appendix D.3.
85 In addition to eligible project references for MER 2C, Applicants are strongly
encouraged to provide information regarding all solar PV power plants developed
within a ten (10) year period immediately preceding the SOQ date in a format similar
to Appendix D.3.
Applicant that is a consortium) must demonstrate that it has a minimum cumulative
equity ownership of 200 MW of operational power capacity in projects (IPP or IWPP)
developed on a BOO/BOOT basis.
87 The qualifying period of ownership for eligible project references for MER 3 must be
no less than two (2) years (including the period of commencement of commercial
operations) during the ten (10) year period preceding the SOQ Date. For each of the
eligible project references, equity must also have been held at commencement of
construction and at commencement of commercial operations.
88 The eligible project references for MER 3 must include at least one (1) project where
a minimum of twenty percent (20%) of the equity has been held in a power plant with
a minimum capacity of:
(i) 50 MW for a solar PV project; or
(ii) 300 MW for any other power project

developed on a BOO/BOOT basis and that must be located outside the Home Country of
the Applicant, Managing Member or Qualifying Consortium Member relying on such
reference. The qualifying period of ownership for this project shall be the same as
for other MER 3 eligible project references provided under Section 87 above but
with the minimum twenty percent (20)% equity having been held at commencement
of construction and at commencement of commercial operations.

89 The equity ownership shall be determined by multiplying the Applicant’s, Managing
Member’s or Qualifying Consortium Member’s percentage shareholding in a project
at the commencement of construction by the total capacity (MW) of that project. The
principles stated in Section 75.1.1.1 in relation to calculating the Applicant’s,
Managing Member’s or Qualifying Consortium Member’s percentage shareholding in
projects where there are mandated government shareholder(s) shall also apply for
the purposes of MER 3.
format contained in Appendix E.
91 In addition to eligible project references for MER 3, Applicants are strongly
encouraged to provide information regarding all IPPs/IWPPs in which the Bidder has
had equity ownership at any time interval within a ten (10) year period immediately
preceding the SOQ date in a format similar to Appendix E.
Applicant that is a consortium) must demonstrate strong operating experience
evidenced through the Applicant, Managing Member or Qualifying Consortium
Member being either:
(i) a leading project participant managing the procurement of O&M services for
the project company undertaking an eligible project either directly or under
sub-contracting arrangements; or
(ii) as a principal providing O&M services as a sub-contractor for eligible projects,
in at least two (2) eligible projects.

93 Eligible project reference must include two (2) power projects each with a minimum
capacity requirement as set out below:
(i) in case of solar PV project, at least 50 MW; and
(ii) in case of any other power project at least 300 MW.
Of these two plants, at least one (1) shall be located outside the Home Country of the
Applicant, Managing Member or Qualifying Consortium Member. Such O&M
contracts entered into or managed should include the initial start-up phase i.e. the
first year of operations of such plants (in case a solar PV project is submitted as a
reference, the O&M Contract should cover at least first six months of operations)
and should not have ended more than five (5) years prior to the SOQ Date.
format contained in Appendix F.
95 In addition to eligible project references for MER 4, Applicants are strongly
encouraged to provide information regarding all power projects in which Bidder has
had operating experience within a ten (10) year period immediately preceding the
SOQ date in a format similar to Appendix F.

96 Instructions to Applicants
96.1 Use of the Extranet
97 Applicants may use a secure web-based Extranet in order to access this RFQ and
any addenda and clarifications issued in relation it.
98 Access to the Extranet will be managed by the Advisors, on behalf of OPWP. In

order to gain access to the Extranet, Applicants will need to comply with the rules
set out in Section 99 to 102 below.
99 Subject to the conditions in Section 101, the Extranet will be available to the
Applicants after the Applicant has paid for and collected a hard copy of the RFQ
from OPWP’s offices. In order to obtain access to the Extranet, each Applicant
must scan and send the receipt confirming RFQ collection to the following email
addresses:
[email protected];
[email protected]
100 The e-mail should include the e-mail address of the Authorised Representative as
described in Section 101 below.
101 In order to obtain access, each Applicant must appoint one Authorised
Representative who will be responsible for managing communications with OPWP
on all matters relating to the Extranet. Thereafter, the Applicant’s Authorised
Representative will be issued Extranet access instructions. The Authorised
Representative must confirm by e-mail to [email protected] and
[email protected] that they have access to the Extranet as
soon as they have access. Access to the Extranet will only be given after all of the
authorisation procedures have been fully satisfied.
102 Each Applicant will have access to documents posted on the Extranet. Users will be
notified by email of any new postings on the Extranet, but responsibility remains
with Applicants to check for updates. However, Applicants will still be required to
submit their clarification requests and SOQs in accordance with Sections 104.1 and
112.1 and cannot do so via the Extranet.
103 Initially, the Extranet will contain the RFQ and all relevant supporting documentation
as at the date the RFQ is issued. Applicants will be able to consult and to download
each of these documents. Amendments and/or additions to the RFQ will be
available on the Extranet as an addendum in accordance with Section 144.
Applicants will be required to acknowledge receipt of all addenda and circulars
posted on the Extranet as part of their SOQ in accordance with the procedure set
out in Section 144.
104 Neither OPWP nor its advisors shall have any liability to any Applicant in respect of
access to, use of, or the posting of any queries and requests on the Extranet.
104.1 Clarifications and Additional Information Request
105 Queries and requests for clarification in relation to this RFQ may be raised by the
Applicant. All queries and requests for clarification in relation to this RFQ, and all

responses to requests from OPWP, must be in writing and sent by hand or courier
addressed to:
The Chairman of the Internal Tender Committee

Floor 5, Building 5
Muscat Grand Mall, Tilal Complex (Office)
Al Khuwair Al Janubiyyah
Governorate of Muscat
Sultanate of Oman.
106 Electronic copies must also be sent by email to [email protected]

and [email protected] in each case requiring an email return
receipt confirmation.
107 All requests for clarification must be submitted in the form provided in Appendix G, by
no later than the date for Deadline for Clarification Questions as set out in the Pre-
Qualification Process Timetable in Section 9.1.
108 All questions and/or requests for clarification or other comments made by Applicants
to OPWP which relate to this RFQ shall be in English.
109 The responsibility for correct delivery/transmission of clarifications and requests for
information will rest entirely with the Applicant.
110 OPWP reserves the right not to respond to any clarifications or requests for
information with respect to this RFQ.
111 Requests for clarification and OPWP’s responses thereto, will be issued by OPWP to
all Applicants and subsequently posted on the Extranet. Applicants will be notified
via email that such a document has been published on the Extranet.
112 Responses to any requests for clarifications on SOQs submitted by Applicants made
by OPWP after submission of the SOQ shall be made by Applicants in accordance
with the provisions of this Section 104.1 to the extent applicable by the date set out
in the requests for clarifications.
112.1 Submission of the SOQ
113 SOQs must be submitted by hand by no later than the SOQ Submission Deadline as
set out in the Pre-Qualification Process Timetable in Section 9.1 to:
The Chairman of the Internal Tender Committee

Floor 5, Building 5
Muscat Grand Mall, Tilal Complex (Office)
Al Khuwair Al Janubiyyah
Governorate of Muscat
Sultanate of Oman.
114 Responsibility for actual physical delivery rests entirely with Applicants.

114.1 Original documents
115 The SOQ shall include all documents required to be submitted with or as part of an
SOQ. The original SOQ document shall contain original documents except to the
extent that the information requirements set out in Section 126.2 do not require
originals to be provided. Where certified copies of documents that are required to
be certified in accordance with Sections 133.1.1.1(i) and 133.1.1.1(ii) are not
available by the SOQ Submission Deadline, the certified copies may be provided
after the SOQ Submission Deadline in accordance with Section 134, provided that
copies are included in the SOQ submission.
116 Original authentications or apostilled versions of the powers of attorney required

under Section 133.1.1.1(iii) must be submitted with the original SOQ.
116.1 Ownership of SOQs
117
118 On submission, the SOQ 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.
118.1 Language
119 All SOQs 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. In the event of any discrepancy between
the English and non-English versions of the document, the English version shall
prevail.
119.1 Sealing and Marking of the SOQ Submission
120 The original SOQ 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 “Copies”, together with four (4) USB flash drives containing
copies of the SOQ documents.
121 Both of these envelopes shall be placed in a strong outer envelope or box marked
“Original and Copies SOQ” sealed and shall bear the project name “Tender
21/2017 Statement of Qualifications for the development of Ibri II Solar IPP”
and address provided in Section 113.
122 The exterior of the sealed envelopes or boxes must not reveal the identity of the
Applicant.
123 OPWP may, at its discretion, extend the date of the SOQ Submission Deadline by
amending the RFQ.
123.1 SOQ Opening
124 SOQs will be opened at the SOQ Submission Deadline at the offices of OPWP. Any
SOQs received by OPWP after the SOQ Submission Deadline will be rejected

whatever the cause for delay. A list of Applicants who have submitted SOQs will be
published on OPWP’s website.
124.1 Responsibility of Applicant
125 Applicants are solely responsible for satisfying themselves with respect to all matters
that may in any way affect the Project. Failure to do so will be at the Applicant's
entire risk and no relief will be given for errors or omissions by an Applicant or by
OPWP.
125.1 Submissions by Consortium
126 Where an Applicant is a consortium:
(i) All SOQs shall indicate the legal name, principal address or place of business,
place of incorporation and registered number of incorporation of each member
of the consortium;
(ii) Each member must accept joint and several responsibility for all obligations in
relation to this RFQ by separately signing Appendix A (Form of Submission
Letter) and shall provide satisfactory evidence as to the due authority of the
person executing Appendix A (Form of Submission Letter) to do so on behalf
of that member of the consortium; and
(iii) The consortium must nominate one member of the consortium as its
Managing Member that meets the minimum MER criteria set out in Section
62. The Managing Member of the consortium will be authorised to be
responsible for all dealings with OPWP up to but excluding execution of the
Project Agreements. Pre-Qualified Persons that are a consortium shall be
required to include in their Bids satisfactory evidence as to the validity and
effectiveness of the appointment of the Managing Member.
126.2 Information Requirement in SOQ
127 In addition to completed Appendix A (Form of Submission Letter) and Appendix B

(Executive Summary) all SOQs shall include the following sections.
Financial Capability
128 This section of the SOQ shall include the following information about the Applicant
(including, in the case of an Applicant which is a consortium, such information for
each member of the consortium):
(i) Copies of annual audited financial statements for each of the last three (3)
years and quarterly or other periodic financial statements since the last annual
audited financial statements. Such financial statements shall include a
consolidated balance sheet, consolidated income statement, consolidated
cash flow statement and consolidated owner’s equity statement, along with
corresponding footnotes, in accordance with generally accepted accounting
practices;
(ii) Where the Applicant is a majority owned subsidiary of a group, it must submit
the aforementioned financial information both for the ultimate holding

company (the “Holding Company”) and the Applicant; and
(iii) Where an Applicant has less than three (3) years of operation, it must submit
the aforementioned financial information covering the full three (3) year period
by providing such financial information for its Parent Company or
predecessor(s) as appropriate.
129 This section shall also include information set out in Appendix C for the purpose of
calculation of the tangible net worth of the Applicant or Managing Member. Where
the Applicant is a consortium the Applicant must nominate which member will seek
to meet MER 1. This consortium member will be the Managing Member and must
also be nominated to meet either MER 2A or MER 2B or MER 3. Only information
for this nominated member or an Applicant which is not a consortium should be
provided in Appendix C.
130 In the event that the Applicant or Managing Member is reliant on the financial
standing of its Parent Company to meet MER 1, then information relating to that
Parent Company should also be provided in Appendix C.
131 Where an Applicant or Managing Member is relying on a Parent Company to meet

MER 1, the Applicant or Managing Member must provide confirmation from the
Parent Company of its willingness to provide guarantees of support for the
Applicant or the Managing Member, in accordance with Section 139 and 140 of this
RFQ. Such Parent Company guarantees will extend to both financial and other
commitments of resources. Any proposal submitted in response to the RFP by any
Applicant or Managing Member which relies on such Parent Company support to
meet MER 1 and which does not include such executed Parent Company
guarantee will be disqualified.
Technical Capability
132 This section shall include the following:
(i) A summary table as set out in the form of Appendix D.1 (Summary of
IPP/IWPP development experience) hereto, which includes details of the
eligible project references for MER 2A. For an Applicant that is a consortium
the Applicant must nominate the Managing Member or the Qualifying
Consortium Member that is seeking to meet MER 2A. Eligible project
references only for the Applicant or the nominated Managing Member /
Qualifying Consortium Member seeking to meet MER 2A should be provided;
(ii) A summary table as set out in the form of Appendix D.2 (Summary of Solar
PV IPP development experience) hereto, which includes details of the eligible
project references for MER 2B. For an Applicant that is a consortium the
Applicant must nominate the Managing Member or the Qualifying Consortium
Member that is seeking to meet MER 2B. Eligible project references only for
the Applicant or the nominated Managing Member / Qualifying Consortium
Member seeking to meet MER 2B should be provided;
(iii) A summary table as set out in the form of Appendix D.3 (Summary of Solar
PV power plant development experience) hereto, which includes details of the
eligible project references for MER 2C. For an Applicant that is a consortium

Consortium Member that is seeking to meet MER 2C. Eligible project
references only for the Applicant or the nominated Managing Member /
Qualifying Consortium Member seeking to meet MER 2C should be provided;
(iv) A summary table as set out in the form of Appendix E (Summary of Project
Ownership Experience on IPPs/IWPPs) hereto, which includes details of the
eligible project references for MER 3. For an Applicant that is a consortium
Consortium Member that is seeking to meet MER 3. Eligible project
references only for the Applicant or the nominated Managing
Member/Qualifying Consortium Member seeking to meet MER 3 should be
provided;
(v) A summary table as set out in the form of Appendix F (Summary of O&M
Experience for IPPs/IWPPs) hereto, which includes details on the eligible
project references for MER 4. For an Applicant that is a consortium the
Applicant must nominate the Managing Member or the Qualifying Consortium
Member that is seeking to meet MER 4. Eligible project references only for
the Applicant or the nominated Managing Member/Qualifying Consortium
Member seeking to meet MER 4 should be provided.
Legal Capability
133 This section shall include the following information for the Applicant (including, in the
case of any Applicant that is a consortium, such information for each member of the
consortium):
(i) Certified copies of the Applicant’s organisational documents (e.g., certificate

of incorporation, contract or deed of incorporation, memorandum and/or
articles of association, bylaws, etc.) together with all amendments thereto, if
any;
(ii) Certified copies of a certificate of registration in the commercial and/or

company registry or a good standing certificate from the jurisdiction of the
Applicant’s incorporation (or, if unavailable in such jurisdiction as a matter of
law, an equivalent thereof); and
(iii) Evidence of the signatory’s legal authority to sign the Appendix A (Form of
Submission Letter) and to be submitted as part of the SOQ. Such authority
comprising of appropriate board resolutions (original or certified copies)
approving the submission of SOQ and related matters, including the
appointment of an authorised signatory, together with the power of attorney
which authorises the signatory to sign on behalf of each member.
(iv) Certified copies of documents and the power of attorney required to be

submitted with the SOQ must comply with the following:
(a) If the power of attorney or the document to be certified is issued in

Oman, it will need to be authenticated by a Notary Public of the Ministry
of Justice of Oman and be supported by a certified English translation;
or
(b) If the power of attorney or the document to be certified is issued in a

country (other than Oman) which is a member of the Hague Apostille
Convention, then the power of attorney or the document to be certified
will need to be apostilled under such convention; or
(c) If the issuing country is not a member of the Hague Apostille

Convention, the power of attorney or the document to be certified shall
bear on its face evidence of its authentication by the Omani embassy in
the issuing country, or if no such embassy exists in such country, by the
embassy of any other Arab League country. The power of attorney or
the certified copy of the document will additionally have to be legalised
at the Ministry of Foreign Affairs in Oman.
(d) Original versions of the authenticated or apostilled documents under (a)

to (c) above must be submitted in accordance with the requirements of
Sections 7.4.1 and 116.
134 Following successful qualification, Pre-Qualified Persons shall within thirty (30)
calendar days of the Declaration of Pre-Qualified Persons (as set out in the Pre-
Qualification Process Timetable, in Section 9.1), provide certified copies of any
documents required to be provided under this Sections 133.1.1.1(i) and 133.1.1.1(ii)
which were not provided in the Original SOQ submission in accordance with
Section 115.
Other Information to be provided by all Applicants
135 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.
136 Supplementary information or documentation may be requested from the Applicant

and shall be provided by the Applicant in order to further consider the Applicant’s
SOQ.
137 Where the Applicant (or where the Applicant is a consortium, each member of the
Applicant) is part of a wider group of companies, the SOQ must include sufficient
information to make clear where in the hierarchy of that group of companies the
Applicant (or the member of the consortium) is situated.
138 Where the Applicant (or where the Applicant is a consortium, any member of the
Applicant) is an existing investor within the power and water sector in Oman, the
Applicant shall provide details of its equity interest/shareholding in companies
having an interest in this sector. The Applicant shall provide a letter from AER
confirming that, on the basis of information provided by the Applicant to AER, AER
does not expect that the Applicant will be prohibited from undertaking the Project on
the basis of any applicable market share ceiling.
Parent Company Guarantee
139 If the Applicant, Managing Member or any Qualifying Consortium Member(s) of an

Applicant is reliant on the financial standing, resources and/or experience of its
Parent Company to meet any MER, then such Applicant shall be required to submit
along with its SOQ, confirmation in form of a letter from the respective Parent
Company that it is willing to provide a guarantee in favour of OPWP and issued by
the Parent Company of: (a) the Managing Member and any Qualifying Consortium

Member(s) (for an Applicant that is a consortium); or (b) the Applicant itself (for an
Applicant that is not a consortium). The Parent Company guarantee shall be
provided as part of the Bid submitted by a Pre-Qualified Person and is intended to
guarantee compliance by a successful Bidder with its obligations under and arising
from its Bid, including the entry into the Project Agreements, as well as compliance
by the Managing Member, any Qualifying Consortium Member(s) or the successful
Bidder itself (in the case of a Bidder that is not a consortium) with their obligations
under the PFA relating to the Project (the form of PFA will be issued with the RFP).
140 The form of Parent Company guarantee will be attached to the RFP, and more than
one Parent Company guarantee may be required for each Bidder (i.e. if more than
one Parent Company is relied upon by the Applicant to meet the MERs).
140.1 Other Conditions
141 Applicants are required to confirm in the SOQ submission letter (the form of which is
attached at Appendix A of this RFQ) that, subject to any requests for clarification
submitted in accordance with Appendix G of this RFQ, they have read and
understood the requirements of this RFQ in full, including the requirements of these
Sections 139 and 140.
142 By submitting its SOQ, the Applicant (including, in the case of an Applicant which is a
consortium, each member of the consortium) 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.
142.1 Evaluation and Notification of Evaluation Results
143 Notification of prequalification will be through an announcement by OPWP. The

decision of OPWP of the list of Pre-Qualified Persons will be final.
144 Supply of further information
145 At any time before the SOQ Submission Deadline OPWP may issue addenda in
writing to Applicants by publishing such addenda on the Extranet. Applicants will be
notified via email that an addendum has been published on the Extranet. Any
addenda may modify in any respect this RFQ or any information previously supplied
to Applicants. OPWP will endeavour not to issue addenda less than seven (7)
calendar days prior to the SOQ Submission Deadline. An Applicant’s late receipt of
addenda or failure to acknowledge receipt of any notification email or addenda shall
not relieve that Applicant from complying with such addenda.
146 Not less than one week prior to the SOQ Submission Deadline, OPWP will issue a
list of all clarification responses and addenda published on the Extranet. Applicants
must download a copy of that list and include a signed copy of the list as an
attachment to Appendix A. By signing a copy of such list and including it in the
SOQ, each Applicant acknowledges that it has complied with each document set
out on the list.

Appendix A: Form of Submission Letter
To: The Chairman

Internal Tender Committee
PO Box 1388
PC112, Ruwi
Sultanate of Oman.
Dated [•], 2018.
Tender [•] Response to the Request for Qualifications for the development of a solar
PV Independent Power Project
This is in reference to the Request for Qualifications (“RFQ”) relating to the development,
financing, design, engineering, construction, ownership, operation and maintenance of a
solar PV Independent Power Project (the “Project”) in the Sultanate of Oman.
We have pleasure in submitting our response in accordance with the terms of the RFQ and
confirm that, subject to our meeting the RFQ requirements and upon the issue of the
Request for Proposals (“RFP”), it is our intent to submit a Bid for the Project.
Subject to any requests for clarification we submit in accordance with Appendix [G] of the
RFQ, we hereby confirm that we have read and understood the requirements of the RFQ in
full, including the requirements of Sections 139] and [140] of the RFQ and confirm and
acknowledge receipt of the addenda and clarification responses set out in the attached
schedule in accordance with the requirements of Section 146].
[This response is made on behalf of a consortium comprising the following members:]

[Composition of the consortium to be provided]
[[●] has been designated as the Managing Member of the consortium and is duly authorised
by this Submission Letter to represent the interests of all of the consortium members in its
dealings with OPWP and its advisors with respect to the Project.]
Yours faithfully,
Please Note: Letter to be signed by an authorised signatory of the Applicant [and for any Applicant that is a
consortium, by the authorised signatory for each member of the consortium]. and where any such signatory is not
an authorised signatory as evidenced in the information required to be provided by the Applicant pursuant to
Section [133] of the RFQ, a power of attorney which authorises such signatory to sign on behalf of the Applicant
or Bidding Group Member will be required.
(a) If the power of attorney of the signatory/signatories to the letter is issued in Oman, it will need to be
authenticated by a Notary Public of the Ministry of Justice of Oman; or
(b) If the power of attorney is issued in a country (other than Oman) which is a member of the Hague
Apostille Convention, then the power of attorney will need to be apostilled under such Convention; or
(c) if the issuing country is not a member of the Hague Apostille Convention, the power of attorney shall

bear on its face evidence of its authentication Omani embassy in the issuing country, or if no such
embassy exists in such country, by the embassy of any other Arab League country. In the case of
authentication by an Arab League country embassy, the power of attorney will additionally have to be
legalised at the Oman Ministry of Foreign Affairs in Oman.
(d) if the original power of attorney is in a language other than English, then the document must be
supported by an English translation certified by an independent third party translator.

Appendix B: Executive Summary – Basic Information on Applicant
(Columns 2 to 5 to be Applicant Applicant Applicant Applicant

completed as required for
[...]
Applicants who are a
consortium) (Member 1) (Member 2) (Member 3) (Member 4)
Company name
Address of headquarters
Contact details:
(a) Name
(b) Address
(c) Telephone number
(d) Fax number
(e) Contact e-mail address
Address of Omani or regional
office (if applicable)
(a) Name
(b) Address
(c) Telephone number
(d) Fax number
(e) Contact e-mail address
Company profile (short
description – may be
submitted as a separate
addendum)

[...]
Selected key information

(state financial year for which
data is provided):
(a) Total assets*
(b) Total shareholder
funds/net worth*
(c) Turnover*
(d) Net income*
Credit rating
(S&P/Moody’s/Fitch/Other –
please specify)
Number of employees
Year established
Primary areas of business
(indicate staff numbers and
turnover in US Dollars for
each business area)
No. of years engaged in
power projects
No. of years engaged in
BOO/BOOT infrastructure
projects

[...]
No. of IPP/IWPP projects

undertaken in the last five 5)
years (a) as leader (b) in
major role
No. of BOO/BOOT
infrastructure projects
undertaken in the last five (5)
years (a) as leader (b) in
major role
If the Applicant is a
consortium, is the member a (N/A/YES/NO) (N/A/YES/NO) (N/A/YES/NO) (N/A/YES/NO)
Managing Member?
If the Applicant is a
consortium, is the member a
(N/A/YES/NO) (N/A/YES/NO) (N/A/YES/NO) (N/A/YES/NO)
Qualifying Consortium
Member?
Nominated MERs1 MER [1/2A/2B/2C/3/4] MER [1/2A/2B/2C/3/4] MER [1/2A/2B/2C/3/4] MER [1/2A/2B/2C/3/4]
Proposed level of (a) % (a) % (a) % (a) %
shareholding in the Project:
(a) Minimum (b) Maximum (b) % (b) % (b) % (b) %
Relationship between
members of a consortium
comprising the Applicant: (a)
Proposed for the Project (b) In
previous projects
* Where the Applicant (or a member of a consortium being the Applicant) is a majority owned subsidiary of a group, figures for the Holding Company
1
The Managing Member must be nominated for MER 1 and at least MER 2A or MER 2B or MER 3. If the Managing Member is not nominated for all MERs then Qualifying Consortium Member(s)
must be nominated for the remaining MERs. Please refer to clauses 64 and 65.

should also be quoted separately in addition to those of the Applicant (or the consortium member) itself.

Appendix C: Financial Information
Information in the tables below is for the purpose of calculation of the tangible net worth of the Applicant or the Managing Member of the Consortium, or their
Parent Company, to demonstrate MER 1 has been met.
Applicant / consortium name

Managing Member of consortium2
Depending on Parent Company to meet YES / NO
MER 1? If yes, then the Applicant must confirm that they
have complied with Section 131 of this RFQ.
Current Fiscal Year (n) [For example 2017]
Fiscal Year End [For example December 31]
Date last accounts were published
Base currency of accounts [For example €]
US$ Exchange Rate applied to convert
base currency amounts3
The table below is only to be completed for the entity nominated to meet MER 1. Any units and currencies are to be clearly labelled.
2
If the Applicant is a consortium, then it must nominate a member to become the Managing Member. The information provided in this Appendix C should only be provided for this member or, if
required, its Parent Company, for the purposes of demonstrating that MER 1 is met. The Managing Member must also be nominated to meet at least MER 2A or MER 2B or MER 3.
3
The exchange rate to be quoted is the exchange rate prevailing on the day that falls five business days prior to the SOQ Date and the same rate should be applied to all Fiscal Years.

Company meeting MER 1: [Insert Company Name as provided in audited financial statements]
Item4 As at Fiscal Year end for period As at Fiscal Year end for period As at Fiscal Year end for period
“n-1” “n-2” “n-3”
US$ Base Currency US$ Base Currency US$ Base Currency
Equivalent [specify] Equivalent [specify] Equivalent [specify]
Paid-in capital
Retained earnings
Revaluation reserves
Other reserves
Currency translation adjustment
Less: Treasury stock
Subtotal: Net worth
Less: Goodwill
Less: Net intangibles
Less: Loans to shareholders
TANGIBLE NET WORTH
[must be > US$250m Equivalent (For Base
Currency amounts US$ Equivalents are to
be calculated using the exchange rate
included in the table above)]
Please indicate the accounting standards
under which the annual accounts that
provided the information used in the
calculation above were audited5
4
Where the values reported for the base currency do not equal the amounts shown under the relevant headings in the audited financial statement provided, the Applicant should provide a
reconciliation of the figures in the above table with the relevant figures in the audited financial statements.
5
Where an Applicant or Managing Member (or Parent Company, if applicable) does not prepare audited accounts under IFRS/IAS, EU GAAP, US GAAP or Japanese GAAP, they are required to
provide a statement from their auditors confirming that their Tangible Net Worth would not be materially affected by reporting under IFRS/IAS (or, if materially affected, the extent of any
restatement).

Appendix D.1: Summary of IPP/IWPP development experience
Information in the tables below is for the purpose of demonstrating MER 2A has been met.
Applicant / consortium member claiming
MER 2A experience
Home Country of Applicant / consortium
member claiming MER 2A experience
MER 2A? If yes, then the Applicant must confirm that they have complied
with Sections 139 and 140 of this RFQ.
The following table is to be completed only by the Applicant or consortium member claiming MER 2A experience, and only for eligible project references
required to meet MER 2A.
Items IPP / IWPP Project Additional IPP / IWPP project MER 2A met?
Name of plant
Location of plant (country)
Capacity in MW [must be >= [300] MW] [must be >= [300] MW] YES / NO
Technology used
Outside Home Country of Applicant / YES / NO YES/NO YES / NO
consortium member claiming MER 2A (at least one
experience? must be YES)
Project type (BOO, BOOT, etc.)
Construction commencement date

Items IPP / IWPP Project Additional IPP / IWPP project MER 2A met?
6
Applicant’s equity shareholding at [must be >= 15%] [If IPP / IWPP Project reference (Column 2) equity YES/NO
construction commencement date shareholding <20%, then must be >=20% or
otherwise >=15%]
Dates of scheduled and actual commercial [COD must be within 10 [COD must be within 10 years of SOQ Date] YES/NO
operation date of each unit years of SOQ Date]
Applicant’s equity shareholding at [must be >= 15%] [If IPP / IWPP Project reference (Column 2) equity YES/NO
commercial operation date shareholding <20%, then must be >=20% or
otherwise >=15%]
Applicant’s Role in the project [must have [must have development role] YES/NO
development role]
If the Applicant is not the owner of the plant,
please provide name of owner
Applicant’s role after plant commissioning
(e.g. owned, operated and/or maintained)
Project/plant cost
Sources of funds for project/plant
Share of Applicant’s resources in funding
Entity to whom power output provided
Duration of contract/concession
No. of units, type and ratings
Principal manufacturers of major equipment
General role (e.g. base load)
6
For eligible project references that represent expansion or repowering of pre-existing capacity, the capacity of the expansion or repowering project must meet the minimum capacity requirements
for an eligible project excluding the pre-existing capacity. As noted in Section 6.5.3.3, for project references where there is a mandatory equity holding in the Project Company, please indicate
overall shareholding structure, total percentage available for subscription by the private sector in the tender process and the effective proportion of equity by the Applicant or consortium member
relying on such reference.

Appendix D.2: Summary of Solar PV IPP development experience
Information in the tables below is for the purpose of demonstrating MER 2B has been met.
MER 2B experience
member claiming MER 2B experience
MER 2B? If yes, then the Applicant must confirm that they have complied
The following table is to be completed only by the Applicant or consortium member claiming MER 2B experience, and only for eligible project references
required to meet MER 2B.
Items Solar PV IPP Additional Solar PV Additional Solar PV MER 2B met?
Project IPP project 17 IPP project 2
Name of plant
Capacity in MW YES / NO
(at least one must
be >=50 MW, and
aggregate to be
>= 200 MW)
Technology used
7
Applicant to add additional columns as required for Additional project references if required to meet the threshold for aggregate solar PV IPP capacity of 200 MW. If the minimum threshold of 200
MW is met by the Solar PV IPP Project reference alone or by the Solar PV IPP Project and the Additional Solar PV IPP project 1, then there is no requirement to complete the additional columns
for further Additional project references.

Outside Home Country of Applicant / YES / NO YES/NO YES/NO YES / NO
consortium member claiming MER 2B (at least 100 MW
experience? of aggregate
capacity to be
YES)
Applicant’s equity shareholding8 at
construction commencement date
Dates of scheduled and actual commercial
operation date of each unit
Applicant’s equity shareholding at
commercial operation date
Applicant’s Role in the project [must have [must have [must have YES/NO
development role] development role] development role]
Project/plant cost
8


Appendix D.3: Summary of Solar PV Power Plant development experience
Information in the tables below is for the purpose of demonstrating MER 2C has been met.
MER 2C experience
member claiming MER 2C experience
MER 2C? If yes, then the Applicant must confirm that they have complied
The following table is to be completed only by the Applicant or consortium member claiming MER 2C experience, and only for eligible project references
required to meet MER 2C.
Items Solar PV Power Additional Solar PV Additional Solar PV MER 2C met?
Plant Power Plant 19 Power Plant 2
Name of plant
Capacity in MW YES / NO
(at least one must
be >=[50] MW,
and aggregate to
be >= 200 MW)
Technology used
9
Applicant to add additional columns as required for Additional project references if required to meet the threshold for aggregate solar PV power plant capacity of 200 MW. If the minimum threshold
of 200 MW is met by the Solar PV Power Plant reference alone or by the Solar PV Power Plant and the Additional Solar PV Power Plant 1, then there is no requirement to complete the additional
columns for further Additional project references.

Outside Home Country of Applicant / YES / NO YES/NO YES/NO YES / NO
consortium member claiming MER 2C (at least 100 MW
experience? of aggregate
capacity to be
YES)
Applicant’s equity shareholding10 at
construction commencement date
Dates of scheduled and actual commercial
operation date of each unit
Applicant’s equity shareholding at
commercial operation date
Applicant’s Role in the project YES/NO
Project/plant cost
10

Appendix E: Summary of Project Ownership Experience for IPPs/ IWPPs
Information in the tables below is for the purpose of demonstrating MER 3 has been met.
MER 3 experience
member claiming MER 3 experience
MER 3? If yes, then the Applicant must confirm that they have
complied with Sections 139 and 140 of this RFQ.
The following table is to be completed only by the Applicant or consortium member claiming MER 3 experience, and only for eligible project references
required to meet MER 3.
Items IPP / IWPP Project Additional IPP / IWPP Additional IPP / IWPP MER 3
project 111 project 2 met?
Name of plant
11
Applicant to add additional columns as required for Additional project references if required to meet the aggregate equity share threshold of a minimum 200 MW. If the minimum threshold of 200
MW is met by the IPP / IWPP Project reference alone or by the IPP / IWPP Project and the Additional IPP / IWPP project 1, then there is no requirement to complete the additional columns for
further Additional project references.

Capacity in MW [must be >= 50 MW in case of YES / NO
solar PV IPP or >=300 MW
otherwise]
Shareholding12 [must be >=20%] YES / NO
Share of capacity in MW [capacity x shareholding] [capacity x shareholding] [capacity x shareholding] YES / NO
[must be
>= 200
MW]
Technology used
Outside Home Country of Applicant / YES / NO YES / NO YES / NO YES / NO
consortium member claiming MER 3 [must be YES]
experience?
Project type (BOO, BOOT, etc.) [must be BOO or BOOT] [must be BOO or BOOT] [must be BOO or BOOT] YES / NO
Applicant’s equity shareholding at [must be >=20%] [must be > 0%] [must be > 0%] YES / NO
construction commencement date13
Dates of scheduled and actual [COD must be within 10 years [COD must be within 10 [COD must be within 10 YES / NO
commercial operation date of each unit of SOQ Date] years of SOQ Date] years of SOQ Date]
Applicant’s equity shareholding at [must be >=20%] [must be > 0%] [must be > 0%] YES / NO
commercial operation date14
Dates of period during which stake was [must be at least 2 years in the [must be at least 2 years in [must be at least 2 years in YES / NO
held 10 years preceding SOQ Date] the 10 years preceding SOQ the 10 years preceding SOQ
Date] Date]
12
As noted in Section 6.5.4.4, for project references where there is a mandatory equity holding in the Project Company, please indicate overall shareholding structure, total percentage available for
subscription by the private sector in the tender process and the effective proportion of equity by the Applicant or consortium member relying on such reference.
13
As noted in Section 6.5.4.4, for project references where there is a mandatory equity holding in the Project Company, please indicate overall shareholding structure, total percentage available for
subscription by the private sector in the tender process and the effective proportion of equity by the Applicant or consortium member relying on such reference
14
As noted above.

Principal manufacturers of major
equipment

Appendix F: Summary of O&M Experience for IPPs/IWPPs
Information in the tables below is for the purpose of demonstrating satisfaction of MER 4.
MER 4 experience
member claiming MER 4 experience
MER 4? If yes, then the Applicant must confirm that they have complied
The following table is to be completed only by the Applicant or consortium member claiming MER 4 experience, and only for eligible project references
required to meet MER 4.
Items Power Project Additional Power Project 1 MER 4
met?
Name of plant
Name of owner / developer
Outside Home Country of Applicant YES / NO YES / NO YES / NO
/ consortium member claiming
MER 4 experience? (at least
one must
be YES)
Capacity in MW [must be >= 50 MW in case of solar PV and [must be >= 50 MW in case of solar PV and YES / NO
>=300 MW otherwise] >=300 MW otherwise]
Technology used [●]
Dates of scheduled and actual
commercial operation date of each
unit

Items Power Project Additional Power Project 1 MER 4
met?
Applicant’s role on the project (e.g. [must be an O&M role as defined in 6.5.5.1] [must be an O&M role as defined in 6.5.5.1] YES / NO
O&M provider, Managing the O&M
provider etc.)
Project / plant cost
Annual Operating Budget (US$
million)
To whom is the power provided
Main manufacturers of major
equipment
Operating profile (e.g. base load)
Number (actual and as % of total
employees) of local employees
Dates of experience (from – to) [must include first year of operation (in case of [must include first year of operation (in case of YES / NO
solar PV, first 6 months shall suffice) and not solar PV, first 6 months shall suffice) and not have
have ended more than 5 years prior to the SOQ ended more than 5 years prior to the SOQ Date]
Date]

Appendix G: Form of Request for Clarification
Identity of Interested Party: _________________________
Date Submitted: _________________________
Tender: Tender No. 21/2017 Request for Qualifications for the development of a solar PV Independent Power Project
Question Para Page Nature of Clarification Request for Clarification

No.15 Ref No [Technical]/[Legal]/[Financial]
15
The Interested Party must (i) number each clarification they submit sequentially (ii) specify the appendix, page and paragraph of the RFQ to which their clarification relates; and (iii) specify
whether the nature of the clarification raised is technical, legal, financial and (iv) submit as hard and soft copy in Microsoft Office and PDF formats.

Appendix H: AER Guidance on Appropriate Person Criteria letter
Before issuing a letter to a prospective bidder, the Authority will seek confirmation that the
bidder has:
1. Reviewed the Appropriate Person Criteria that is available on the Authority's website;
2. Reviewed the Licence Application Form that is available on the Authority's web site and
understands the full extent of information that will be required to be completed and
submitted with the application. Please note, however, that the Authority does not
require a completed application to be submitted at this stage, but will need to confirm
that the prospective bidder is aware of the information that will be required to be
submitted to the Authority with a Licence Application Form;
3. Reviewed the Sector Law and conditions of a generation licence, both of which are
available on the Authority's website; and
4. Reviewed and understood the applicable provisions and conditions in relation to a

generation licence including but not limited to Articles 105 and 106 of the Sector Law.
Appropriate Person criteria
To come to an initial view of compliance with the Appropriate Person Criteria, the Authority will
require information to assess:
1. Compliance with the economic interest restriction;
2. Compliance with market share restrictions.
The Authority will require details of all members of a proposed bidding consortium, their
shareholders and any economic (direct or indirect) interests a bidding member or a shareholder
of a bidding member has in a licence holder or licence exemption holder. The Authority will also
require an indication on which bidding member will be the Managing Member.
In addition, the Authority will require an indication of the entity/person that will have overall
responsibility for operation of the licensed production facility. The Authority reiterates that the
Appropriate Person Criteria is separate and distinct from the qualification criteria of the OPWP.
In addition to the general criteria of the Authority, it should be noted that the shareholding of
companies which are wholly or majority owned by a government should not exceed [fifteen
percent (15%)] of the bidding consortium. Exemptions may be granted at the sole discretion of
the Government if it is satisfied that the following conditions are satisfied:
1. The company is publicly listed;
2. The company is subject to independent regulation and competition law; and
3. There is no direct state involvement in the management of the company.
Conclusion

In summary, before issuing the letter required by potential bidders, the Authority would require
written confirmation that the potential bidder has reviewed and understands the Appropriate
Person Criteria, the Sector Law and generation licence and is aware of the applicable provisions
including but not limited to Articles 105 and 106 of the Sector Law.
The Authority requires full details of the bidding consortium, its members, the shareholders of
bidding consortium members and economic interests these entities have in a licence holder or
licence exemption holder, and which bidding group member will be the Managing Member.
The Authority also requires information relating to shareholders of all bidding group members.
Any change to the membership of a bidding consortium may affect compliance with the
Appropriate Person Criteria, all such changes should be brought to the attention of the Authority
as soon as possible.

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Tender 21/2017

Request for Qualifications for the

Oman Power and Water Procurement Company SAOC

Synergy Consulting and Ahli Bank

Ibri II Solar IPP_RfQ Page i

Ibri II Solar IPP_RfQ Page ii

Ibri II Solar IPP_RfQ Page iii

Ibri II Solar IPP_RfQ Page iv

Ibri II Solar IPP_RfQ Page v

Table 1: IWP, IWPPs and IPPs in Oman

Ibri II Solar IPP_RfQ Page 6

9 OPWP has several objectives in implementing the Project, including:

9.1 Pre-Qualification Process Timetable

Ibri II Solar IPP_RfQ Page 7

11 Outline Competition Process

12 The competition process will be carried out in accordance with principles of

Ibri II Solar IPP_RfQ Page 8

21 The Project includes the development, financing, design, engineering, construction,

25 Additional information on the site condition such as topography, geo-technical data,

26 The Project is required to be developed, constructed and operated according to local

Ibri II Solar IPP_RfQ Page 9

34.1 Project Agreements

34.1.1 Power Purchase Agreement

34.1.2 Tariff Structure

Ibri II Solar IPP_RfQ Page 10

39.1.1 Performance Bond

40.1.1 Dispatch Procedures

41.1.1 Testing of the Project

42.1.1 Usufruct Agreement

42.1.2 Project Founders' Agreement

Ibri II Solar IPP_RfQ Page 11

42.1.3 Electricity Connection Agreement

42.1.4 Electricity Supply Agreement

42.1.5 Water Supply Arrangements

42.2 Project Financing Aspects

Ibri II Solar IPP_RfQ Page 12

Ibri II Solar IPP_RfQ Page 13

48 AER was established pursuant to article 19 of the Sector Law as an administratively

49 In Oman, each of the functions of electricity generation, transmission, distribution and

51 Any person undertaking or seeking to undertake a regulated activity requires a

Ibri II Solar IPP_RfQ Page 14

54.1 General Considerations

56 The Applicant, or if the Applicant is a consortium, each consortium member, must be

57 Each Applicant that is a consortium should nominate a Managing Member who

 further details of the information required in Appendix B in all cases;

Ibri II Solar IPP_RfQ Page 15

61.2 Applicant Entities - Consortium Applicant

62 An Applicant that is a consortium must nominate a Managing Member. The

(i) meet MER 1; and

(ii) meet either MER 2A or MER 2B or MER 3.

a. hold at least thirty-five percent (35%) of the shares in the Project

Ibri II Solar IPP_RfQ Page 16

67 Where a consortium member is neither a Lead Founder nor a Qualifying Founder, in

Ibri II Solar IPP_RfQ Page 17

68.2 Evaluation of Statement of Qualifications

69.1.1 Minimum Eligibility Requirement 1 (MER 1)

Ibri II Solar IPP_RfQ Page 18

b. The Applicant, Managing Member or Qualifying Consortium Member must

77.1.1 Minimum Eligibility Requirement 2B (MER 2B)

Ibri II Solar IPP_RfQ Page 19

81.1.1 Minimum Eligibility Requirement 2C (MER 2C)

85.1.1 Minimum Eligibility Requirement 3 (MER 3)