Clarifications on various queries raised by consultants for the selection Project Management Consultant (PMC) for creation new sports infrastructure under annuity and games village through PPP
Clause No Existing provision Queries raised by applicants/Request for
amendment
Clarifications/Amendments 2.13.1 (i) The bidder should have experience in project
management of at least one large infrastructure projects on PPP of overall value not less than Rs 200 Cr
The bidder should have experience in project development of at least one large infrastructure projects on PPP of overall value not less than Rs 200 Cr
1.11.1
All communications including the submission of Proposal should be addressed to:
Director, Dept of Sports & Youth Affairs, Vellayambalam, Trivandrum, Tel-0471-2327271/2326505
All communications including the submission of Proposal should be addressed to:
Smt M.S Jaya, IAS
CEO, National Games Secretariat Office of KSIDC, Keston Road Kowdiar P.O, Trivandrum Tel-0471-2318922 2.13.1 (ii) The bidder should have valid registration as
supervision consultants
The clause is being removed 2.13.1 (vii) The bidder should have proven experience of
handling at least one assignment of proof consultancy/third party inspection, involving quality & quantity surveys of construction projects
The clause is being removed
2.13.1 (viii) The bidder should have ISO 9001
certification The clause is being removed
Schedule-1 1.O
The scope of work of PMC will be complete on completion of entire works specified in
The scope of work of PMC will be complete on completion of entire
clause 1.1.2 works specified in clause 1.1.3 Schedule-1
Terms of payment
25% of the fee would be paid on completion of 75% of the value of works
25% of the fee would be paid on completion of 100% of the value of works. The revised terms of
reference and schedule of payments are appended as Appendix-I.
Section -3 3.1.3 (v)
Manpower commitment, dedicated team and team leader comprising experts among procurement specialist, sports consultant, structural engineer , financial specialist PPP specialist.
(Threshold : Min. 4 : 16 points and 3 addl. points for every addl. Expert, limited to max. 20 points)
Manpower commitment, dedicated team and team leader comprising experts among procurement specialist, sports consultant, structural engineer , financial specialist PPP specialist.
(Threshold : Min. 4 : 16 points and 4 addl. points for every addl. Expert, limited to max. 20 points)
General Payment milestone in case separate developers are
selected for Games Village and Greenfield stadiums
What would be the payment to PMC in case developer is not identified?
The work is to be arranged in three tranches that would include:-1. Greenfield stadiums in Trivandrum under annuity 2. Greenfield Stadiums in other districts under annuity
3. Establishment of games village through PPP
The weightage for the above is 50:30:20 for making payments to PMC considering the cost and complexity of the works
In case developer is not identified for any/all of the tranches after the bids are invited, then 30% of the fee
would be deducted proportionately. 2.1.4 The key personnel would be evaluated based
on their experience in executing eligible assignments.
The key personnel should have experience in accordance with the requirements mentioned in section-3 for criteria for
Evaluation
What is meant by eligible assignments
Where in section-3, the experience criteria for key personnel is provided and what is minimum experience for each key personnel
The eligible assignments include the
following:-1. Project development of large infrastructure projects on PPP 2. Project development of sports infrastructure
3. Project development of national games infrastructure projects The credentials of experts listed as per clause 3.1.3 (v) should have experience in above listed assignments.
2.2.2 The Applicant shall enclose with its Proposal, certificate(s) from its Statutory Auditors stating its revenues from professional fees during the past 3 years ending 31.03.2008
Can we submit our copy of our audited annual
report? Applicant can submit audited annual report or audited annual accounts.
2.16.1 The Applicants shall submit the Proposal in hard bound form with all pages
Spiral bound document should be allowed Applicant can submit the proposal in other forms of bindings also.
Schedule -1 1.C
Assist developer in financial closure This is the scope of the Developer to be selected and therefore shall be removed from the scope of PMC
The clause is being removed Schedule 1
1.H
Co-ordinate with the appointed DBT developer(s) and facilitate with the
client/ GoK for achieving financial close
This is the scope of the Developer to be selected and therefore shall be removed from the scope of PMC
Schedule 4 3.2.5
The Consultant and its Personnel shall observe the highest standards of ethics and have not engaged in and shall not hereafter engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice (collectively the “Prohibited Practices”).
Notwithstanding anything to the contrary contained in this Agreement, the Authority shall be entitled to terminate this Agreement forthwith by a communication in writing to the Consultant, without being liable in any manner whatsoever to the Consultant, if it determines that the Consultant has, directly or indirectly or through an agent, engaged in any Prohibited Practices in the Selection Process or before or after entering into of this Agreement. In such an event, the Authority shall forfeit and appropriate the performance security, if any, as mutually agreed genuine pre-estimated
compensation and damages payable to the Authority towards, inter alia, time, cost and effort of the Authority, without prejudice to the Authority’s any other rights or remedy hereunder or in law.
In the narration of the Agreement Format, it is specified that KSIDC / SPV is the Authority and in Schedule 6, DYSA and NGS is defined as Authority.
When the Performance Security is on behalf of DYSA and NGS, how will KSIDC be able to appropriate the performance security?
This is a typographical error. The authority is DSYA and NGS
General Press advertisement & RFP explains that there are
two projects under RFP 01/09 and RFP 02/09. Does it prevent an agency to bid for both the proposals?
Applicant can submit bids for both the assignments
Will both the projects get awarded to the same agency if they are successful in both the projects?
1.1.3 Introduction The scope defines various sports facilities but other
infrastructure facilities required is not included in the introduction.
The other infrastructure facilities are indicated in Project Report. The cost provided in the project report is based on rough cost estimate. The project report is enclosed as Annexure-A
General We are promoted and wholly owned by
Government of Kerala under the Industries Department. The share capital input is fully by the Government of Kerala. In this case will we be eligible to participate with its consortium members for these projects?
You can also form consortium subject to conditions prescribed for consortium members
2.13 The bidder should have experience in project management of one large infrastructure project on PPP of overall value not less than Rs. 200 cr.
Can the consortium members have a project funded by an international lending institution like World Bank / ADB / JBIC be treated as the experience
Yes, however the experience should be in project development of infrastructure project on PPP of overall value not less than Rs 200 Cr 2.13 The bidder should have minimum of 5 years
relevant experience and average turnover of Rs 50 Cr during the past 3 years
However for this project it seems the consultancy value is far less than Rs. 50 crores. Normally the criteria requirement is approximately 40% of the consultancy value everywhere. In case Rs. 50 crore is treated as the total turnover, this may be treated including the cost of construction project value. But in such case the balance sheet does not reflect such amounts. This may kindly be clarified and be made transparent
No change
2.13 Eligibility /pre-qualification criteria It is mentioned that the CVs has to be signed in blue ink and counter signed by the applicant. However, the number of key personnel, their various levels, discipline of experience like Architecture, Transport Planning, Structural etc has
As per clause 3.1.3 the bidder shall give a presentation regarding proposed structure and composition of the team. Besides, form-10 indicating deployment of personnel
not been explained properly. Unless the requirement is specified it may be difficult to locate the required personnel as per the provisions of the present RFP.
also to be given.
2.14.6 CVs There is no clarity on the team configuration,
specific task input etc. with reference to the present project. This may kindly be clarified.
The applicant shall list all the projects as per Form-8
2.15.2 It is mentioned that the price should include all the costs of surveys, expatriate and resident, field and office expenses.
It is mentioned that the price should include all the costs of surveys, expatriate and resident, field and office expenses. In order to standardize this we would request you to clarify the following :
(a) Details and extend of survey requirement like traffic, accessibility, proposed seating capacity and other technical requirement of the stadium complexes
(b) The availability of existing services and identified locations and extend of surveys required like topographic survey,
geotechnical survey and all other surveys which may be quantified and furnished. (c) The requirement of office furniture,
number of copies of submittals and the documentations etc.
(d) Submittals and provisions of number of copies of reports
Payment schedule including reimbursable and fixed cost.
No change
2.20 Bid security We are a public sector undertaking and has been
promoted by the Government of Kerala to participate in the projects on nominated route.
Hence we may be exempted from Bid security. 2.21 Evaluation of Proposals It may be clearly clarified what is the basic
minimum requirement in terms of turnover, experience, number of key personnel and their experience and other requirements to shortlist a firm. This is required to incorporate experienced associates to enhance our capability.
Evaluation criteria are mentioned in section 3 of RFP document
3.1.2 Criteria for Evaluation of Technical proposal – Technical score
Methodology and presentation - The methodology can be defined and presented after the requirement is furnished in the RFP. Hence this system may be made more transparent.
The experience of the key personnel – We also request you to kindly define the input of various functional experts including their national and international experience of related / similar project experience. Normally in every project, the CVs of the experts with national / international experience and their willingness carry maximum score for technical qualification. The number of experts are also not defined. Unless this is furnished, it may be difficult to locate the internationally experienced experts participated in construction of various sports infrastructure in India / developed / developing countries.
Firms experience in eligible assignments – Since the project is of complex nature, we request you to consider the eligible assignments of the consortium as follows :
(a) PPP Annuity projects
(b) Construction of Sports / any other public infrastructure projects
The Applicant shall give a presentation regarding their capability and methodology for creating sports infrastructure, approach to the services etc.
The presentation shall also cover proposed structure and composition of the team and list out the main activities of the assignment, their sequence and key expert responsible.
(c) Experience in planning of sports infrastructure assignments in various national or international sports events (d) Project Management and Construction
Supervision capacity in major international funded / PPP project which has value more than Rs. 300 cr.
We trust that if the above explanation is provided, it may make more clarity in furnishing the details of the eligible assignments.
3.2 Short-listing of Applicants It is mentioned that the number of pre-qualified applicant shall not exceed two. This procedure is not transparent. In order to provide opportunity to more people, it is suggested that more number of firms should be qualified in case they are coming within the qualification criteria finalized.
Those applicants whose technical score is more than 75 marks then they shall qualify for opening financial bid.
If number of applicants less than two after technical evaluation with 75 marks, then DSYA & NGS may in its sole discretion pre-qualify other applicants whose technical score is less than 75 marks, provided that the total number of short listed applicants shall not exceed two. 3.3 Evaluation of financial proposal It is mentioned that the lowest firm quoted will be
selected without any ranking for technical evaluation. In such case what is the relevance of technical proposal which is prima-facie defeated. Suitable mechanism may be defined and intimated so that we can workout the technical proposal accordingly.
Those applicants whose technical score is more than 75 marks then only they shall qualify for opening financial bid.
Schedule-1 Terms of payment The payment terms shall be broadly defined
including the payment milestones for submission of
Inception Report, finalizing the Concept Plans and modalities of structuring the proposal, completion of field surveys, concept designs including feasibility report, selection of developer / contractor, providing bid process management services, completion of project structuring and supervision on a monthly basis. This is the normal practice in any such projects. It is mentioned in this project that 25% shall be paid after completion of project structuring on annuity model and approval.
The system of payment is not viable and as per the understanding of the project in ToR. This may be clarified.
Schedule-1 Terms of payment Mobilization advance of 10% at the time of signing the agreement and adjust the same against sl no 3 of payment mile stone
Mobilization advance cannot be considered
1.1.2 Construction of Greenfield stadiums under
annuity scheme Do we have any scope for preparation of concept and scheme diagrams? PMC need not prepare conceptual design and scheme diagram 1.1.2 Establishment of games village through PPP Do we have any scope for preparation of concept
and scheme diagrams?
PMC need not prepare conceptual design and scheme diagram
2.15.2 (i) Financial proposal Fees quoted shall be inclusive of surveys and Geo-Technical Investigations?
If the surveys/investigations are required, same shall be included in consulting fee.
ToR-A Examine the Project Report Can we insist on inspection of the Project Report before participating in the tender (or) can we have a copy of the data?
The report can be downloaded from ww.ksidc.org. (Annexure A)
ToR - ABCD Development of PPP model Games Village, Development of Stadiums under annuity
Consultant scope in Development is not clear Project development includes project structuring, preparing bankable procurement documents for developer, selecting the developer and broad supervision of works till
completion of construction. ToR - G Supervise their work for smooth and timely
deliverables and design approvals prior to project implementation
Scope to be ascertained clearly The PMC shall ensure completion of works as per schedule. To achieve the same it is the responsibility of PMC to obtain detailed design and other deliverables from developer prior to project implementation ToR – I Supervise the work for smooth and timely
deliverables for Project Implementation
Does this mean supervision of construction activities
PMC shall provide broad supervision of construction activities
ToR – J Procurement of Independent Engineer Role of Independent Engineer (IE) to be clarified?
(a)
To review and approve the Detailed Project Report (DPR) submitted by the Concessionaire and approve the same(b) For the purposes of determining that Construction Works are being undertaken in accordance with Specifications and Standards and Good Industry Practice and for quality assurance, IE shall require the Concessionaire to carry out such Tests at such time and frequency and in such manner as may be necessary in accordance with Good Industry Practice.
(c) Inspect and check the quality and quantity of the materials and their storage in compliance with the Concession Agreement (d) Inspect and monitor the quality
of construction works, ensure compliance of safety standards, certify value of works and issue completion certificate
(e) The IE shall inspect periodically or at random the records, documents and data etc. of the Concessionaire and verify the samples or take measurements as per the Concession Agreement. Inspect the Project Facility during the Concession Period at all reasonable times and upon reasonable notice and he should have access to all parts of the Project Facility as per the Agreement.
(g) The IE shall submit to the Client, reports at least once every month or more frequently as the situation may warrant on the progress of implementation of the Project.
(h) Perform such functions as may be provided in the Agreement or authorized by GoK during the Concession Period from time to time.
(i) To seek explanations from the Concessionaire for delays or non-compliance with the quality control parameters;
To notify GoK and the Client of delays and non-compliances and the explanations relating thereto provided by the Concessionaire along with the IE’s suggestions and recommended remedial measures in this behalf.
(k) To monitor progress of the Works and compliance by the Concessionaire with the PERT charts, CPM and the project milestones set forth in the Project Completion Schedule
Time of completion But payment milestone says that last 25% will be paid on completing 75% of the value of works. This is not clear, as to what man power we need to keep during this stage. If we clear the site on completion of the 75% of the work by developer, then how can we attend the tasks specified in TOR – I, K, and L
The clause is amended to “last 25% of the fee would be paid upon completion of entire works”
Appendix -1 Form-1
To initiate consultancy services in 3 days 14 days required To initiate consultancy services in 7 days
General Could an Applicant apply for both the Projects, viz.
creating new sports infrastructure and up-gradation/ renovation of existing sports infrastructure?
If yes, in what capacity and which Project would be awarded in case the Applicant is the first ranked Applicant for both the Projects?
Yes, Applicant can undertake both the assignments if ranked one in both cases
2.26 The consultant shall indemnify the DSYA & NGS for any direct loss or damage that is caused due to any deficiency in services.
What would be the criteria for determining the ‘deficiency’ in services?
The clause could be discussed before finalizing the agreement
3.1.3 Technical evaluation Will a project eligible under both, Clause (iii) as well as (iv), be given marks under both the Clauses?
If one project is already considered for evaluation, then that project will also be taken into consideration for further evaluation
6.3
It shall be deemed that by submitting the Proposal, the Applicant agrees and releases the DSYA & NGS, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any rights and/or performance of any obligations hereunder, pursuant hereto and/or in connection herewith and waives any and all rights and/or claims it may have in this respect, whether actual or contingent, whether present or future.
Why the consultant, as the service provider, is expected to furnish any release to the client or any third party?
The clause could be discussed before finalizing the agreement
ToR 1.D
Carry out necessary project development work for developing the project with public-private-participation (PPP) for annuity model
Could the clause be clarified?
Is the understanding that PMC is not responsible for project development work but project development model correct?
PMC is responsible for project development, i.e. detailed project structuring, finding out the developer etc.
Schedule-1 Terms of payment Will the delay due to the reasons beyond the control of the PMC, like delay in providing information or approvals to PMC, be counted in the 2 and 4 months deadline for completing project structuring and selecting the developer, respectively?
Any delay due to the reasons beyond the control of the PMC,
like delay in providing information or approvals to PMC, would not be counted in the 2 and 4 months deadline for completing project structuring and selecting the developer, respectively.
2.9.5 Agreement format What would be criteria for judging if the Services have been performed unsatisfactorily?
The criteria for judging if the Services have been performed
unsatisfactorily should be pre-agreed.
3.2.2 Agreement format Could the words ‘resulting from’ or ‘closely
related’ to the Services be explained in detail? Is there are any time period for which these restrictions shall apply?
Such restrictions should be placed for providing services to the Department of Sports & Youth Affairs, Govt of Kerala only.
The restrictions should apply for a limited period of less than one year only.
3.2.7 Agreement format Will the restriction apply to employing an individual who applies unsolicited in response to a general advertising or other general recruitment campaign, or who have been involved in the Services on a purely administrative or secretarial basis?
œ Is there are any time period for which restrictions on hiring legal, financial or technical advisor of the client for the project shall apply?
No restriction on employing an individual who applies unsolicited in response to a general advertising or other general recruitment campaign, or who have been involved in the Services on a purely administrative or secretarial basis should apply. There should be a definite time period of less than one year for the restriction to apply for hiring legal, financial or technical advisor of the client for the project.
3.5.1 (a) Agreement format Does the consultant need to procure project specific professional indemnity cover?
If so, what should be the policy amount?
The idea should be to maintain reasonable professional indemnity coverage on an organizational basis only.
3.5.1 (b) Agreement format Will a covering letter from the insurers confirming reasonable professional indemnity insurance suffice?
Typically policy documents are confidential and are not allowed by insurance companies to be shared with third parties. Hence, a covering letter from the insurers confirming reasonable professional indemnity insurance should suffice.
3.5.2 (a) Agreement format Is this intended to cover any insurance other than mandatory third party motor vehicle insurance? vµ If yes, which all insurances?
Only third party motor vehicle insurance should be made mandatory.
3.5.2 (d) Agreement format What is the expected amount for Employer’s
Liability policy to be procured
The clause could be finalized before signing the agreement
3.6 (a) Agreement format Can it be presumed that records maintained under
the Companies Act, 1956 and Income Tax Act, 1961 in India shall suffice?
The accounts of an Indian company need be prepared as per the stipulations of the Indian laws and may or may not be as per internationally accepted accounting principles
3.12 Agreement format Why should the consultant be responsible for the
inaccuracy of the data collected by it from third party agencies/ authorities?
The consultant would not be responsible for the quality, accuracy or timeliness of the information provided by third parties (including Department of Sports & Youth Affairs, Govt
of Kerala).
4.2.1 Agreement format If any additional work is required, why will the
contract value be increased only if agreed?
5.3 Agreement format What is the rational behind the condition of increase or decrease only if it exceeds 2%?
The contract value would be
increased or decreased
correspondingly to take into account any change in tax rates,
which has any impact on the contract value, irrespective of the
quantum of percentage increase or decrease in the cost or reimbursable expenses.
7.2 Agreement format Would the maximum limit of 10% of Agreement
value apply for combined penalty and liquidated damages, including for error/ variation and delay?
No change
2.14.2 The CVs have been recently signed in blue ink by the respective Personnel and countersigned by the Applicant. Photocopy or unsigned / countersigned CVs shall be rejected;
We will have the overall bid signed by the Authorized Signatory. Due to the distributed nature of our teams, it is difficult for us to have all CVs signed by the respective personnel. Hence we request that signature by the authorized signatory of the firm be considered sufficient
You can submit the scanned CVs signed by respective personnel and send original CVs on a later date
Appendix - I Terms of Reference (TOR)
1.
The scope of services of Project Management Consultant would be as follows:-A. Examine the project report including the project components at various locations for a better understanding of the scope of work
B. The main work is divided into three tranches, that would include the
following:-- Development of three Greenfield stadiums in Trivandrum under annuity model. (Tranch-1)
- Development of five Greenfield stadiums in other districts of Kerala under annuity model (Tranch-2)
- Development of a games village through PPP mode with private developer bringing in land and constructing Games Village with his own funds. GoK would offer various tax benefits, regulatory concessions and a lump sum grant (Tranch-3)
(The weightage for releasing payments to PMC is considered as 50:30:20 for the above tranches)
C. For development of games village, the scope of works of PMC would additionally
include:-- Development of PPP model for Games Village
- Prepare the accommodation and other infrastructural requirements of GoK for the Games Village based on the norms of Indian Olympic Association (IOA) - Propose a list of tax and other concessions that GoK could offer to the
developer
- Structure PPP model including a lump sum grant component from GoK
D. Based on above, carry out necessary project development work for developing the project through public-private-participation (PPP)/annuity model
E. Prepare the bankable procurement documents for procurement of developers for design, built and transfer (DBT), on annuity basis of the sports infrastructure
F. Assist Client/ Government of Kerala in procuring the DBT developer(s) for implementation of the sports infrastructure including drafting of various project
G. Co-ordinate with the appointed DBT developer(s) and supervise their work for smooth and timely deliverables and design approvals, prior to Project implementation
H. Co-ordinate with the appointed DBT developer(s) and supervise their work for smooth and timely deliverables for Project implementation
I Prepare the procurement documents for Independent Engineer for the sports infrastructure Project and assist Client/ Government of Kerala in procuring the Independent Engineer
J. The PMC will also be required to certify the progress of work and process payment for Viability gap funding.
K. PMC shall co-ordinate with all those concerned with the project by organizing meetings at periodic intervals, as mutually agreed, with the client, developer(s) and other service providers and draw the minutes of the meeting.
L. PMC shall advise the client in case of any issues/clarifications and lend his assistance for settlement of claims, rebates, if any in the course of execution of the project. M. PMC will also co-ordinate between Client and developer and facilitate any approvals
that may be required during the implementation including any change in specifications entailed due site conditions
N. The scope of work of the PMC will be complete on completion of entire works specified in clause 1.1.3
Revised schedule of payment
Sl.No Payment milestones % of the fee
1 Completion of project structuring on annuity model and approval
25% 2 Selection of developer and signing of
agreement between GoK and developer
50% 4 On completion of 100% of the value
of works
25% 100%
The PMC shall complete project structuring of games village and Greenfield stadiums within two months from the date of signing the agreement and select the developer for games village and Greenfield stadiums within four months from the date of signing the agreement. In case the developer could not be identified for any of the tranches, then 30% of the fee would be deducted proportionately.
