FCI Silo Tender Meeting Minutes
FCI Silo Tender Meeting Minutes
vv r-)·pltH
,
Pi'AX NO Hr-Cl NO
OO~i -1123413241 fl-f ..().. ~H';'(l"~P •...
~1 (t -I i!.~ 1 -{("~';"Tl
'1 ."0 (-\ 'I.; ~~JlT~ ~ 3~j .,?t·,f, i,-,Q. 'd 3'1 ...•
t~ t,~ c.
0091 1123413162 1<,"20, BARAKHJ\MB/\ LANE NEW DEL HI 110001, PHONCc . 435:.1769/ 43S27E9~
Sub: Minutes of 12th High Level Committee (HLC) meeting held on 18.07.2018 at
10.30 AM in Board Room of FCI Hqrs, Barakhamba Lane, New Delhi in respect
of construction of Silos under VGF & Non- VGF mode across the country for
storage of food grains.
Sir/ Madam,
Please find enclosed herewith the Minutes of lih HLC meeting held on 18.07)018 in
respect of construction of Silos across the Country for storage of food-grains under VGF &
Non-VGF mode.
Yours faithfully,
~~,
(Raja~harma)
General Manager (Silo)
To,
Copy to: -
-:
General Manager (Silo)
r
t
i
r ,
J_
MINUTES OF 12th MEETING OF THE HIGH LEVEL COMMITTEE (HLC}
HELD ON 18.07.2018 AT FCI. HEADQUARTERS. NEW DELHI ON
CONSTRUCTION OF SILOS UNDER VGF & NON-VGF MODE.
At the outset, Chairman, HLC welcomed all the members of HLC and other
participants. Further, Chairman introduced Mr. B. Pradhan, AS&FA & A.K
Shrivastava, MD CWC to the HLC. Thereafter, agenda for the meeting was taken
up for deliberation & decision. The list of participants present in the 12th meeting
of HLC held on 18.07.18 is at Annexure-I.
It was informed that RFP for selection of silo operator at 9 locations was floated
on 07.12.2018. Technical bids were opened on 15.03.2018 and 16 offers were received
from 03 bidders. Due to single bid received in respect of 5 locations, it was decided to
cancel the bid in respect of these 5 locations in Bihar and to re-tender the tender for
these locations along with other locations. The same was noted by HLC in their 11th
meeting dated 18.04.2018.
Muzzafarpur, Ll rates (Base storage charges) and variable charges at 70% capacity
utilization are lower than the projected CWC rates of Rs. 1675.30 for FY 2021-22.
,
However. for Samastipur location, Ll rate (Rs.1766.00 per MTjYear) is higher than
projected CWC rate for FY 2021-22. HLC further noted the point made by project
Consultant that comparison of the two NPVs (Ll rates and projected CWC rate) over the
operating period of 30 years for all 4 locations show that Ll rates of DBFOO mode is
more beneficial for FCr. HLC was further informed that while projected increment in
~~~
After detailed analysis, HLC approved the L1 rates for following four locations for
construction of 0.5 LMT each silo capacity with Railway siding under Non-VGF mode.
HLC was informed that pursuant to the decision taken in CoS & Secy. (Food)
review meeting for construction of silos, FCI has taken up with CONCOR for
construction of silos at the existing PFTs/MMLPs ete. CONCOR has shown interest in the
location at Vadodra. The location at Vadodra (Baroda) has already been tendered for
50,000 MT and the bid due date was 02.07.2018. Against the Baroda location 4 bids
have been received and the technical evaluation of bids is under process. CONCOR could
not participate in the said tender as some of the conditions of RFP like SPY, revenue
sharing ete. were not acceptable to them.
HLC deliberated the issues related to the request of CONCOR to allot the silo
project on nomination basis and also to decide upon fate of silo tender at Vadodra
location.
In this regard HLC was also informed that a representation dated 17.07.2018 has
been received from association of Silo Developer and Operator stating that Companies
parti$ipating in the tenders would have spent considerable time and money in
conducting the feasibility study and evaluating the project as such decision/step to
award on nomination basis will only discourage the interested companies.
HLC deliberated the issue and decided that the bid process for Vadodra (Baroda)
has been initiated and the same should be brought to logical end. HLC decided that the
matter may be placed before HLC again once the bid process is finalized.
\9'(y'~¥
HLC was informed that in its meeting dated 27.12.2017; HLC has accorded
extension of time period for satisfying Conditions Precedent to the concessionaires on
their request. It was further decided that there would be a cap on such extension and
extension be granted for a period not exceeding 180 days beyond existing provision of
280 days provided in the Concession and HLC also decided that for such additional
extension period, damages at prevailing rate of 0.2% of the Performance Security shall
be applicable for each day's delay as penalty.
, HLC was informed that for Rangapani, Dankuni and Macheda, the bidder is same
'f
I.,
group (PCM Strescon Overseas Ventures Ltd & PCM Cement Concrete Private Limited)
and that this is the only successful bidder who has not deposited the penalty amount
for additional 180 days for any of its locations. Further, meetings had been called at the
level of ED to review progress of non VGF silos on 30.05.2018 and 06.06.2018. This was
the only bidder-Concessionaire who had not acquired the land and did not attend these
meetings. He only attended the last review meeting held on 17.07.18.
The concessionaire vide letter dated 02.07.2018 & 05.07.2018 had requested for
extension of timeline for these 3 locations.
HLC enquired into the present status of land acquisition. HLC was informed that
at Rangapani and Dankuni, only part land has been acquired but, no land has been
acquired at Macheda. GM (West Bengal) confirmed that though partial land document
has been submitted for Rangapani and Dankuni locations but are not proper.
Ti}'BLE-II:_Concessionaires who have not submitted any land documents but have
If
deposited part penalty amount for extended 180 days beyond 280 days in terms
ofthe relaxation granted by "LCdated 27.12.2017.
~~
~~\~
---------------------------------------------------------------------
Minutes a/12th HLC meeting held on 18.07.2018 Page 4 of 16
@
Original Details of penalty
Permissible deposited beyond 280
date up to 280 days Land Status of Other Conditions
S.
Concessionaire Location daysl extended Parcel IPA from Precedent(CPs)
No. Days (corresponding
180 days status Railway Status
date) & BG amount
beyond 280
(In lacs)
days
Financial close
NCML Deoria 10-11-20171 141 days (31.03.2018) Not under process and
2 Deoria, UP Submitted
Private Limited 09-05-2018 & 64.86 submitted. applicable permits
are pending.
Financial Close and
NCML Faizabad Faizabad, 10-11-20171 141 days (31.03.2018) Not Not
3 applicable permits
Private Limited UP 09-05-2018 & 64.86 submitted submitted
are yet to submit.
HLC was informed that for Bettiah. Deoria and Faizabad, the bidder is same
(NCMS Ltd.) and in addition to these three locations the bidder has submitted bids for
8 other locations where land has been acquired. Further for Faizabad location land has
been acquired now and for Deoria the concessionaire has informed that the aggregator
on his behalf has acquired part land. For Bettiah, the land has not been acquired yet. The
Concessionaire has deposited penalty amount for 136,141 and 141 days respectively for
these 3 locations against the additional 180 days.
The concessionaire vide letter dated 09.05.2018 had requested for extension of
time line for these 3 locations.
HLC deliberated the issue and considering that the part penalty has been
deposited and out of 11 locations land has been acquired at 9 locations, this
shows that the concessionaire is serious about implementation of Silo project,
HLCdecided the following:
(i) HLC decided to accord extension of time period for satisfying Conditions
Precedent to the concessionaires on their request. It was further decided
that there would be a cap on such extension and this second extension be
granted for a period not exceeding 180 days beyond the earlier extension
granted for 180 days in addition to existing provision of 280 days provided
" in the Concession Agreement (Initial 180 days and further 100 days with
I!.
imposition of damages).
(ii) HLC also decided that for such additional second extension period,
damages at prevailing rate of 0.2% of the Performance Security shall be
applicable for each day's delay as penalty. Concessionaire would be
Submitted.
NCML Palwal Palwal, 10-11-20171 150 days (9-4-2018) Applicable permits
4 Under Submitted
Pvt. Ltd. Haryana 09-05-2018 & 72.00 are pending.
veri fication
~~-~-----------------------------------------------
Minutes o/12th HLC meeting held on 18.07.2018 Page 6 of 16
, ',
Submitted.
NCML Basti Pvt. 10-11-20171 180 days (09-5-2018) Applicable permits
10 Basti, UP Under Submitted
Ltd. 09-05-2018 & 82.80 are pending.
Verification
Submitted. Financial closure
NCML Varanasi 10-11-20171 180 days (9-5-2018) Under under process and
11 Varansi, UP Submitted
Pvt. Ltd. 09-05-2018 & 82.80 verification applicable permits
are pending.
Not requested,
MBR Silos Pvt. Sangrur, 22-12-20171
13 penalty amount yet to Submitted. Submitted All CPs completed.
Ltd. Punjab 20-06-2018
be deposited.
for first 100 days - 33
days (23.12.2017)
& 15.84
NCML Bhattu Bhattu, 20-11-20171 Applicable permits
14 Submitted. Submitted
Pvt. Ltd. Haryana 19-05-2018 for extended 180 are pending.
days -93 days
(21.02.2018)
& 44.64
HLC was informed that 14 concessionaires in Table - III have acquired land but
has to deposit full penalty upto additional 180 days or for further period till fulfilment
of all Conditions Precedent.
"LC deliberated the issue and considering that the part/full penalty has
been deposited and land has been acquired, this shows that the concesslonaire is
serious about implementation of Silo project, "LCdecided the following:
(i) "LC decided to accord extension of time period for satisfying Conditions
Precedent to the concessionaires on their request. It was further decided
that there would be a cap on such extension and this second extension be
granted for a period not exceeding 180 days beyond the earlier extension
granted for 180 day~ in addition to existing provision of 280 days provided
in the Concession Agreement (Initial 180 days and further 100 days with
imposition of damages).
(ii) "LC also decided that for such additional second extension period,
damages at prevailing rate of 0.2% of the Performance Security shall be
I..
applicable for each day's delay as penalty. Concessionaire would be
required to deposit upfront additional Bank Guarantee equivalent to
amount of penalty for the period of extension sought by concessionaire. It
was further decided that in the event the additional time taken for
satisfying Conditions Precedent results in delay in Commencement of
~~~-~~-------------------------------------
Minutes of 12th HLC meeting held on 18.07.2018 Page 7 of 16
Operations Date, there would be corresponding reduction in guarantee
period provided by [Link] while submitting their request to
FCIfor extension have to explicitly agree to these terms for extending time
period for satisfying Conditions Precedent. Further the request for second
extension along with bank Guarantee for damages will only be entertained
when the pending bank guarantee towards damages for first extension is
submitted.
HLC was informed that for 5 locations in Table - IV letter of commencement has
been issued. HLC noted the same.
HLC was informed that FCI has also received representations from various
concessionaires who have not fulfilled Conditions Precedent including acquisition of
land parcel requesting not to encash the penalty BGs so deposited till achievement of
COD of the respective locations as it shall negatively impact the debt financing of the
Sprs as the new SPVs don't have sufficient equity to make immediate cash payments.
I,.
"LC deliberated that objective of the Govt. is to get the Silos completed and
put to use at the earliest. If the concessionaires face financial issues, it may result
in delay in implementation and operation of Silos. "LC decided that for the period
of delay in achieving Conditions Precedent as per Clause 4.1.2 beyond the original
~~-M-i-n-u-te-s-O-1-1-2-th-H-L-c-m--ee-t-in-g-h-e-I-d-O-n-l-B-.O-7-.2-0-1-B-----------------------------P-a-ge--S-o-f-16-
180+100=280 days and within & upto additional 360 days, an amount equal to
0.2% of Performance Security for each day's delay until the fulfilment of all
Conditions Precedent as per Clause 4.2.1 of Concession Agreement has to be
deposited upfront along-with the extension request. Further, if concessionaire
does not wish to pay the penalty amount immediately, he may submit a Bank
Guarantee of equal amount as penalty (till date of fulfilling CPs) and additionally,
the concessionaire would have to pay interest @ 9.27 % (FCIaverage annualized
borrowing rate of FY2017-18). A BGequivalent to this amount would have to be
submitted upfront by the Concessionaires with a validity of 3 years from date of
issue of Letter of Commencement (LOC).This relaxation may only be granted at
the specific written request of the Concessionaire. Concessionaire should also
submit an undertaking in proper legal format in this regard.
HLC was informed that while reviewing the silos it was found that ratio is
skewed heavily in favour of consuming regions and this would lead to a situation where
sufficient stocks are not available in the procuring Regions Railway siding silos to feed
the consuming Region silos through specialised bulk movement wagons. To review the
matter, a committee of Executive Directors was constituted to decide upon the issuance
of LOA for 08 locations (4.5 LMT) under Non-VGF and 02 locations under VGF (01 LMT)
as all these capacities were under consuming areas. The said committee examined the
above issue and recommended to issue LOA for 6 locations under Non-VGF mode i.e.
Agra, Lucknow, Gorakhpur, Amreli, Surat & Dahod and 2 locations under VGF mode i.e.
Dhamora & Borivali. In case of Jaunpur & Mirzapur locations, it was recommended to
scrap the tender.
t HLC deliberated the matter and approved the recommendation of the FCI
il
Executive Directors committee to scrap the tender for [aunpur & Mirzapur locations.
HLC also approved that [aunpur & Mirzapur may be cancelled from the list of Silo
locations.
~,>4~'
-------------------------------------------------------------------+
Minutes of LZ'" HLC meeting held an 18.07.2018 Page 9 of 16
,"
Further, HLC was informed that SLC has recommended three locations viz. Hansi,
Uchana & Kurukshetra based on storage gap assessment, however, other two locations
proposed by State Govt. i.e. Rewari & Tohana was not recommended by SLC in the light
of erratic & insufficient procurement.
EO (North) further informed that at Uchana & Hansi, guarantee of PEG god owns
under possession of FCI would lapse by 2021, thus creating sufficient storage gap at
these centres. State Govt. representative further requested to allocate more capacity at
various locations viz. Kurukshetra, Karnal, [agadhari, Shahabad etc. where sufficient
storage gap exists. State Govt. representative requested that there exists storage gap of
more than 1.0 LMT at Kurukshetra and silo of 1.0 LMT capacity may be considered
instead of 0.5 LMT approved by SLC. EO (North) & GM, Haryana also confirmed that
storage gap of 01 LMT exists at Kurukshetra. Considering the requirement stated by
'f
I'
State 'Govt. and FCI EOjGM, it was decided that 1.0 LMT silo may be approved for
Kurukshetra location instead of 0.5 LMT.
HLC deliberated the issue in depth and approved construction of silos with
Railway siding by State Govt. of Haryana at following locations:-
~/~-----------------------------------
~'L~nutes a/12th HLC meeting held an 18.07.2018 Page 10 of 16
[Link]. Location Capacity in LMT Mode
1 Uchana 0.5 VGF at their own land*
2 Hansi 0.5 Non-VGF
3 Kurukshetra 1.00 Non-VGF
Total 2.00
"ln case the land is found suitable after detailed feasibility, else State Govt. may call tenders under
Non-VGF mode.
Further, HLC advised State Govt. of Haryana to send. the proposal for
construction of silos at other locations of Iagadhri, Karnal etc. through SLC, keeping in
view wheat procurement, storage gap, no. of mandies etc.
In case of Rampur district, it was informed that upcoming capacity of 0.5 LMT at
Dhamora under VGF mode w~s omitted by SLC. Dhamora is located at corner of Rampur
Revenue District and is insufficient to cater the need of Rampur District given the high
procurement in Bilaspur belt. In Pilibhit & Lalitpur districts, sufficient storage gap
exists.
,
:'1 HLC approved construction of silos of 0.5 LMT each at Hamirpur, Pilibhit &
Lalitpur locations by State Govt. of UP under Non-VGF mode with Railways siding.
Further, HLC advised State Govt./SLC to re-examine the storage gap assessment at
Rampur & other locations.
-e:
4 v
--------------------------------------------------------------------
Minutes of LZt» HLC meeting held an 18.07.2018 Page 11 of 16
, '
,"
HLC was informed that West Bengal being a DCP state in case of rice, procures &
stores rice in their own godowns without involvement of FCI. However, for wheat, FCI
makes movement ex-north and stores in FCI godowns. Storage Division informed that
based on 04 months requirement as per PEG norms for DCP consuming states, there is
no storage gap at any of locations proposed except Murshidabad.
Further, HLC advised SLC/State Govt. to re-examine the rice silo proposal at
Jhargram based on storage gap assessment and submit their recommendations through
SLC.
~~~---------------------------
~ Minutes a/12th HLC meeting held an 18.07.2018 Page 12 of 16
, '.
HLC deliberated the issue in detail and in view of facilitating the participation by
existing Private Freight Terminals, Multi Model Logistic Parks, Inland Container Depots,
Domestic Container Depots, Private siding Operators and generation of more
competition in the forthcoming tender process approved amendment in Article 16 of
Concession Agreement under Non-VGF mode by inserting a new Clause 16.1.7 as
detailed below:-
"16.1.7: Notwithstanding above, provision of revenue sharing i.e. clause 16.1.5 will
not be applicable on existing Private Freight Terminals (PFTsj/ Multi Modal
Loqistics Parks (MMLPsj/ Inland Container Depots (ICDsj/ Domestic Container
Depots (DCDsj/ Private siding operators who offer exclusive silo complex to FCI
within their existing premises. PFTs/MMLPs/ICDs/DCDs & Private Siding Operators
would have to ensure that their existing & future commercial activities do not
adversely impact FCI silo operations & that all other terms & conditions of the
Concession Agreement are abided by them."
~4~
Minutes a/12th HLC meeting held an 18.07.2018 Page 13 of 16
r ,
J '
.' ,
HLC noted the submission of the State Govt. and approved construction of
0.5 LMT silos each with Railway siding at Faridkot & Fazilka under VGF mode to
~\7
~ Minutes a/12th HLC meeting held an 18.07.2018 Page 14 of 16
,.
be constructed by State Govt. at their own land against the storage gap, provided
the land is found suitable after detailed feasibility study.
(iii) Construction of 29.3 LMT silo capacity in Punjab:
HLC took note of the deliberation & recommendations of SLC with regard
to Railhead-wise storage gap assessment made across the Districts of Punjab.
HLC approved the construction of silo with Railway siding under Non-VGF
mode(except Faridkot & Fazilka locations which would be under VGF'mode) to
be constructed by FCI & State Govt. at locations mentioned below:
"ln case the land is found suitable after detailed feasibility study, silos with Railway
siding at Fazilka & Faridkot locations would be constructed under VGF mode by State
Govt, else State Govt. may call tenders under Non- VGFmode.
HLC noted the submission of State Govt. and advised to send their
proposal through SLC in respect of those locations only which has already been
constructed and put to use by the State Govt.
~
6
~t;inutes a/12th HLCmeeting held an 18.07.201$
,
Page 16 of 16,."
Annexure-I
IN PRESENCE OF
1. K.A.P. Sinha, Principal Secretary, D/o F&PD, Punjab
1 o.
I..l Jaipal Singh, Joint Director, D/o F&PD, Haryana
13. J~S. Syju, General Manager (S&C), FCI, Zonal Office (East)
~~
· '.
15. Aseem Chhabra, GM (Region), FCI, RO, Gujarat,
~
I..
The challenges for constructing silos in Punjab's PFT locations included difficulty entering tripartite agreements with PFT Operators due to commercial terms on a nomination basis. As a resolution, HLC approved the inclusion of Chawapail for silo construction under a relaxed Non-VGF mode, allowing Private PFT Operators to participate. Amendments were made to Article 16 of the Non-VGF Concession Agreement for additional commercial activity on railway sidings .
The recommendation to cancel silo projects in Jaunpur and Mirzapur was due to issues identified by the FCI Executive Directors committee, with unmentioned specifics likely relating to viability or financial concerns. The HLC deliberated on these recommendations and approved the cancellation, reflecting their role in ensuring projects align with strategic priorities and resource allocation .
The High Level Committee (HLC) decided against awarding the Vadodra silo project on a nomination basis because companies participating in the tenders had invested significant resources in feasibility studies and project evaluations. Awarding on a nomination basis would discourage interested companies. Instead, HLC resolved that the ongoing bid process for Vadodra should be completed. The matter would be re-evaluated once the bid process was finalized .
HLC's decision to approve silo construction in Haryana using Non-VGF modes was informed by strategic considerations of existing and anticipated storage gaps. Locations like Hansi and Uchana required new storage infrastructure due to lapsing guarantees of existing facilities by 2021, thus creating gaps. At Kurukshetra, a significant storage gap justified an increase in silo capacity from 0.5 LMT to 1.0 LMT. These decisions aligned with priorities to enhance storage capacity promptly while ensuring resources were allocated efficiently .
The HLC adhered to using 12-month figures for calculating storage gaps rather than PEG norms, impacting their decision to approve silo construction in West Bengal. This approach supported strategic capacity planning since areas like Murshidabad required additional storage due to gaps identified only under the comprehensive 12-month analysis. The decision allowed for storage infrastructure that catered to realistic storage needs and future demands, enhancing flexibility and preparedness .
The High-Level Committee (HLC) addressed concessionaires failing to meet Conditions Precedent by imposing damages for each day of delay at a prevailing rate of 0.2% of the Performance Security. For future extensions, HLC determined a second extension could not exceed 180 days beyond the previous extensions. This extension required concessionaires to provide additional Bank Guarantees for the penalty duration. If the delay caused postponement in the Commercial Operations Date, there would be a corresponding guarantee period reduction by the Food Corporation of India (FCI).
Concessionaire appeals and compliance status significantly influenced HLC's decisions on extensions. Appeals often demonstrated intent to comply, prompting HLC to grant extensions while ensuring accountability through penalties and additional Bank Guarantees. The stipulations for explicit agreement on conditions proved critical for maintaining project progress and ensuring responsibility for delays, while penalties served as a deterrent against lax compliance .
The partial fulfillment of Conditions Precedent by the Concessionaire showed serious intent towards project implementation, prompting the HLC to consider time extensions favorably. Recognizing the concessionaire had acquired land in several locations, HLC granted an additional 180 days for completing Conditions Precedent, capping further extensions and requiring Bank Guarantees for penalties as incentives to fulfill obligations .
The HLC evaluated silo construction sites in Uttar Pradesh by considering storage gaps and procurement trends. For instance, at Hamirpur, the storage gap was exacerbated by insufficient wheat procurement relative to production. At Pilibhit and Lalitpur, substantial storage gaps further justified silo construction. Meanwhile, Rampur's high procurement indicated a need for adjusted storage capacity. These decisions aimed to optimize storage infrastructure in alignment with current and projected demand .
Land availability and strategic location were pivotal in HLC's approval process. For example, in Punjab, land at Chawapail and strategic alignments with railway sidings made it a suitable choice for silo construction. In Haryana, challenges at Hansi stemmed from inadequate land length, requiring a switch to Non-VGF mode. These considerations ensured infrastructure projects were practical, timely, and aligned with logistical requirements .