REQUEST FOR EXPRESSIONS OF INTEREST (EOI) - ZPPA

ZNBC Highest Best Mixed Use TwinPalm Land Public Private Partnership Project – Expression of Interest

1

ZAMBIA NATIONAL BROADCASTING CORPORATION

REQUEST FOR EXPRESSIONS OF INTEREST (EOI)

PUBLIC PRIVATE PARTNERSHIP (PPP) PROJECT

FOR THE DEVELOPMENT OF TWINPALM LAND

IN LUSAKA ON HIGHEST BEST AND MIXED USE

EOI No: ZNBCPPP/TWINPALM/2020

EOI Issuing Date and Time: Wednesday 19th August 2020, at 08 am

EOI Closing Date and Time: Friday, 18th September 2020, at 2:30 pm

EOI Opening Date and Time: Friday, 18th September 2020, at 2:30 pm


2

Table of Contents

1.1 About Zambia National Broadcasting Corporation ........................................................................ 4

1.2 The Opportunity ......................................................................................................................................... 4

1.3 Purpose of this Invitation .......................................................................................................................... 5

1.4 Procurement Model .................................................................................................................................. 5

1.5 The Parties in procurement process ..................................................................................................... 6

1.6 EOI Terms and Conditions ....................................................................................................................... 6

1.7 Project Stakeholders ................................................................................................................................. 6

2. Project Information ............................................................................................................................................ 7

2.1 Project Overview ....................................................................................................................................... 7

2.2 Project Package ........................................................................................................................................ 7

2.3 Project Objectives ..................................................................................................................................... 8

2.4 Site Information .......................................................................................................................................... 8

2.5 Site Investigations ...................................................................................................................................... 9

2.6 Authorisations and approvals ................................................................................................................ 9

3. Project Scope .................................................................................................................................................... 10

3.1 Scope Overview ...................................................................................................................................... 10

3.2 Project Responsibilities ............................................................................................................................ 13

7 Table 6. Activities undertaken or managed by ZNBC ................................................................................. 14

3.3 Design Considerations............................................................................................................................ 15

3.4 Construction Considerations ................................................................................................................ 15

4. Commercial Framework ................................................................................................................................. 16

4.1 Contractual Structure ............................................................................................................................. 16

4.2 Commercial Principles or Risk allocation .......................................................................................... 16

4.3 Commercial Opportunities ................................................................................................................... 16

5. Procurement Process ...................................................................................................................................... 17

5.1 Overview .................................................................................................................................................... 17

5.2 EOI Phase ................................................................................................................................................... 17

5.2.1 tendering period for the EOI ............................................................................................................... 17

5.2.2 Interactive EOI Zoom Meeting ............................................................................................................ 17

5.3 RFP Phase ................................................................................................................................................... 17

5.4 Negotiations .............................................................................................................................................. 18

5.5 Public Sector Comparator .................................................................................................................... 18

5.6 Project Governance ............................................................................................................................... 18

5.7 Project Advisers ........................................................................................................................................ 18

5.8 Project Delivery Timetable .................................................................................................................... 19

6. Content and Evaluation of EOIs ................................................................................................................... 20

6.1 Detailed Content of Evaluation .......................................................................................................... 20

The Evaluation process will consider the scores below: ............................................................................ 20


3

6.2 Evaluation Criteria ................................................................................................................................... 20

6.3 Evaluation Approach ............................................................................................................................. 23

6.4 EOI Response Information ..................................................................................................................... 23

6.5 Additional Information ............................................................................................................................... 23

7. Procedural Matters .......................................................................................................................................... 24

7.1 Enquiries ..................................................................................................................................................... 24

7.2 Lodgment Details .................................................................................................................................... 24

7.3 Closing and Opening Times for EOI .................................................................................................... 25

7.4 Late Submission ........................................................................................................................................ 25

7.5 Project Adviser .......................................................................................................................................... 25

7.6 Collection and accessing of request for Expression Of Interest........................................................ 25

8. Acknowledgements ........................................................................................................................................ 25

Appendices ................................................................................................................................................................ 26

Appendix 1: EOI Terms and Conditions .......................................................................................................... 26

Appendix 2. Project Stakeholders .................................................................................................................... 28

Appendix 3: Commercial Principles / Project Associated Risks ......................................................... 29

Appendix 4: EOI Response requirements to the Evaluation Criteria ............................................... 35

Appendix 5: Part C: Additional Information ................................................................................................. 40

Appendix 6. EOI Response Information .......................................................................................................... 41

Tables and Figures

1. Project location ............................................................................................................................................................ 4

2Table 1. Lot 1 of Project Package ............................................................................................................................. 7

3Table 2. Lot 2 of Project Package ............................................................................................................................. 8

4Table 3: Respective approvals responsibilities ....................................................................................................... 9

5 Table 4: Highest Best Use Project distribution ...................................................................................................... 10

6Table 5. Scope of the Project ................................................................................................................................... 13

7 Table 6. Activities undertaken or managed by ZNBC ...................................................................................... 14

8Table 7. Project Advisers ............................................................................................................................................ 18

9Table 8. Project Delivery Timetable ......................................................................................................................... 19

10Table 9a. Weighted Evaluation Criteria .............................................................................................................. 21

11Table 9b. Non-Weighed Evaluation Criterion .................................................................................................... 22

12Table 10: Detailed Weighted Evaluation Criteria ............................................................................................. 36

13.Table 11: Non-Weighted Evaluation Criteria..................................................................................................... 40


4

1. INTRODUCTION

1.1 About Zambia National Broadcasting Corporation

Zambia National Broadcasting Corporation (ZNBC) is the oldest and biggest radio and

television company in Zambia. It is wholly owned by the Republic of Zambia and is a

statutory body established in 1988 by the Act of Parliament Cap 154 of the laws of

Zambia. It is mandated to provide radio and television services to entertain, educate

and inform the nation, thereby contributing to the social-economic, cultural, and political

development of Zambia. The Corporation operates under the Ministry of Information and

Broadcasting Services (MIBS).

1.2 The Opportunity

ZNBC owns a 39.392-hectare piece of land on Leopards Hill Road, being SD ‘A’ of Farm

No. 397a. The land is located approximately 9 kilometres east of Lusaka Central Business

District. The site is located between Leopards Hill Cemetery and Bauleni Road along the

Leopards Hill Road leading to the Lusaka South Multi-Facility Economic Zone.

1. Project location


5

ZNBC has identified the lack of various amenities in the Country and has since seen the

need to develop a Highest Best and Mixed-Use (HBMU) facility within the metropolitan on

the Twin Palm using the Design, Finance, Build (Construct) Operate (Maintenance) and

Transfer (DFBOT) Procurement Model through the Public Private Partnership contracting

and investing.

To maximise value for money on this land, ZNBC engaged a Consultant to conduct

feasibility study and proposed to divide land for mixed use on a two lot basis for both

long term and short term cash realisation.

ZNBC through tender: ZNBCPPP/TWINPALM/2020: EXPRESSION OF INTEREST FOR THE

DEVELOPMENT OF THE ZNBC TWIN PALM LAND ALONG LEOPARDS HILL ROAD IN LUSAKA

THROUGH A PUBLIC-PRIVATE PARTNERSHIP (PPP) FRAMEWORK ON A DESIGN, FINANCE,

BUILD OPERATE AND TRANSFER (DFBOT) MODEL is seeking to contract with a Project

Developer to:

a) design, finance, construct, operate and transfer the project package; and

b) maintain the project Package over the Operating Phase and hand them back to

ZNBC in accordance with a concession pre-agreed handover condition at the end

of the Term.

ZNBC is seeking Expression Of Interest (EOI) from suitably qualified and experienced unit

firm or consortia, single or multiple capable of delivering lots of the Project in their

entirety. Whilst there will be minimum requirements that must be met in respect of design,

construction and services delivery to be undertaken by Project Companies, ZNBC is

seeking innovative approaches from the private sector that will support the delivery of

the Project in accordance with the Project Objectives whilst offering enhanced value for

money outcomes.

1.3 Purpose of this Invitation

The purpose of this Invitation is to:

(a) invite prospective Respondents to lodge an EOI;

(b) provide details and information concerning the Project to prospective

Respondents; and

(c) set out:

i. the Evaluation Criteria for selecting the Shortlisted Respondents;

ii. the submission requirements for an EOI;

iii. the terms and conditions for the Procurement Process; and

iv. outline the indicative timelines for the delivery of the Project.

Following receipt of EOIs from Respondents, ZNBC may select a number of Shortlisted

Potential Land Developers to proceed to the RFP Phase.

1.4 Procurement Model

ZNBC has approved the delivery of the Project in accordance with a DFBOT PPP

procurement model which is considered to be the model that best balances the control

of project cost and risk with the achievement of the Project Objectives and accordingly,

has been identified as the model most likely to maximise value for money. The Project will

be procured broadly in accordance with the PPP Act including the Public Procurement

Act (PPA) and its Regulations. The legal framework shall provide a basis for developing


6

contractual relationships between ZNBC and private parties for the delivery of public

infrastructure and related ancillary services.

1.5 The Parties in procurement process

The Procurement Process is being undertaken and administered by ZNBC which in turn

shall enter contractual arrangements in line with the PPP Act.

1.6 EOI Terms and Conditions

The Terms and Conditions applying to the Procurement Process are set out in Appendix 1

(EOI) Terms and Conditions) to this Invitation.

1.7 Project Stakeholders

Stakeholders will be required to provide oversight to the execution of the project. The

stakeholders in this procurement process are as set out in Appendix 2 (Project

Stakeholders). ZNBC will consult the project stakeholders on delivery of critical

requirements to this project.


7

2. Project Information

2.1 Project Overview

ZNBC’s mission strives to provide quality Radio and Television services throughout

Zambia to stimulate Cultural, Social, and Economic development while generating

commercial value and attain financial viability for the Corporation.

Under this mission of the five years’ Strategic Plan 2015-2020, ZNBC aims to achieve its

goal through five strategic objectives:

(i) Increase Corporation Revenue;

(ii) To attain financial viability;

(iii) To Utilise New Technologies;

(iv) To acquire quality content; and

(v) To manage the Corporations Resources effectively.

ZNBC has since finished drafting the new strategic plan for the period 2021 to 2025

whose focus is to build on the success of the current strategic plan.

In response to the growing population within Lusaka metropolitan area, the Strategic

implementation Plan broadly identifies timing and location of new HBMU to be

constructed. The project Package has since been developed to address some of the

highest priority deliverables outlined in the Strategic Plan. The HBMU will provide high

quality public amenities to meet community and government expectations. The

Project package will also consider availability of specialised operators by providing

quality facilities in health, higher education, entertainment, sports, and trading

environment.

2.2 Project Package

The total land of 39 hectres has been distributed as in table 1 and 2 which outlines the

project Package that is to be delivered on lot basis including the required completion

days and areas allocated for each lot:

2Table 1. Lot 1 of Project Package

Developer 1: LOT ONE

Description Land Size (SQM)

Warehouse 121,650SQM

Retail Super Markets 25,275SQM

Small Scale Office 15,275SQM

Family Wonderland 16,220SQM

Filling Station 1,665SQM

Roads & Green

Area

20,856SQM


8

3Table 2. Lot 2 of Project Package

Developer 2: LOT TWO

Description Land Size (SQM)

University Campus 64,880SQM

Serviced Plots Housing 21,491.50SQM

Hospital Clinic 28,385SQM

Sports Recreation Centre 20,275SQM

Roads & Green Area 15,639SQM

The above Preliminary project package is an outcome of the feasibility study and has

been prepared to allow developers understand the business and project concept.

Detailed project package will be provided at the RFP stage for information and as a

guide for Shortlisted Developers. Shortlisted Developers should not only rely on this master

plan of the project package but in reaction may also be required to develop alternative

projects plans specific for Twin Palm land development. A financially viable alternative

project will attract extra scores at the evaluation criteria of both EOI and RFP stages.

2.3 Project Objectives

The key Project Objectives are to:

a) achieve functional Highest Best Use and Mixed Use designs that provide

quality services to the Lusaka business environments;

b) achieve value for money over the whole-of-life cycle of the infrastructure

pursuant to the Strategic plans;

c) improve financial position of the Corporation; and

d) Expand the business portfolio of the Corporation

2.4 Site Information

On site, there is an existing meter mast which is 250 metres tall. The mast hosts various

clients who transmit radio waves across the country. It is situated right at the centre of

land and covers about half of the land. To make this land available for the development,

the mast will be removed from its existing location, decommissioned and a new 150

metre mast will be constructed on alternative allocated site. The cost of this sub-project is

part of the whole project and is expected to be funded by the developer. For the

purposes of giving client strategic options, the project can be taken up by combined

efforts of two who will undertake the main project. The cost for this project would be paid

in the form of deductions from the percentage of leasing fees due to ZNBC through

rentals.


9

2.5 Site Investigations

A series of Site assessments and geotechnical investigations have been undertaken for

the site. The results of these investigations will be included within the RFP for information

only. The Shortlisted Respondents will not be entitled to rely on these Site investigations

and will have access to the Sites during the RFP phase in order to undertake their own site

assessment and interpretation as required.

The successful developer shall also be responsible for conducting their own

Environmental Impact Assessment (EIA).

2.6 Authorisations and approvals

ZNBC and the Projects Companies will be responsible for various approvals as in table 3.

4Table 3: Respective approvals responsibilities

ZNBC Developer

Title deed Drawings

Management approvals Environmental Impact Assessment

PPP approvals

Construction permit

Ministerial approvals Trading and business


10

3. Project Scope

3.1 Scope Overview

The project has been designed to be operated under the Design, Finance, Build,

Operate and Transfer (DFBOT) Public Private Partnership Procurement Model. This model

underscores the concept places responsibilities on the Project Developer to Design the

project in conformity or countering what is set in this EOI. They will also need to fully

Finance the project in all aspects. They will also need to Build of Construct the Project

through to the full completion. They will then Operate the project for a period of lease

period until the end of the concession period when they are required to Transfer the

infrastructure to ZNBC. Details of applying the DFBOT model are outlined in section 3.2

under table 5.

ZNBC conducted a Feasibility Study on the possible development of land. Arising from

the study report, the overview of the project’s components and Commercial Feasibility

assumptions are as detailed below:

5 Table 4: Highest Best Use Project distribution

Project

Description

Project Justification

Land

size %

Land

Size sqm Storage and

Warehouse

and Logistics

Hub

Warehousing project accounts for the biggest portion of

land at 30.80% and 12.17 hectares big enough to

accommodate various sorts of fleet. Proximity to the

Multi-Facility Economic Zone, Tokyo way and the

Kenneth Kaunda International Airport makes it easily

accessible. The logistics project to act as a dry port

connecting Southern and Northern parts of Zambia. The

project shall also be used for practicals by students

studying supply chain management. The Logistics and

Warehousing will also be targeting the multilateral

express logistics and distribution businesses like DHL,

FedEx, UPS, etc..

30.80 121,650

Retail Super

Markets, Fast

foods and

ATMs

The Retail Market is in two parts. One for Supermarkets,

fast foods, and Financial transaction facilities and the

other for fresh produce. Space covers 6.4% of the land

and measures 2.53 Hectares and centrally located and

easily accessible.

The retail market will also caters for chain stores to

service surrounding areas. Chain stores would consider

harbouring business-like Pep Stores, Shoprite, restaurants,

bars, clothing shops etc..

3.59 25,275

Retail Fresh

and dry

produce

2.81


11

Markets

Small Scales

Offices

Located in less congested area and opposite the flow

of traffic into the Lusaka Central Business District.

Capable for subdivision into 50-200sqm and suitable for

SME’s, law firms, utility providers and business

consultancies. It is Proximity to the Multi- Facility

Economic Zone and covers 3.87% of land and 1.53

Hectare space.

3.87 15,275

Family

wonderland

To offer a full entertainment package and varied

traditional and conventional food stuffs. To entertain the

family with ultra-modern fun, play equipment, play toys

of Disney type, horse riding, merry go round, swings, see-

saw, playhouse, slides, swings, spring, trampoline park,

cinema, and more.

The land covers 4.11% of land and 1.62 Hectare space.

It is the most lacking type of family entertainment in

Zambia. It is the desire of the ZNBC to bring together

families and enjoy the beauty of leisure life together with

their children. The place shall also have cinemas and

theatres that will specialise in showing local films and

songs to promote local artistic talent in line with film

policy as envisaged by the Government of the Republic

of Zambia. Students in cinematography and music from

the University shall be made to perform at the family

wonderland.

4.11 16,220

Filling Station Considering the exotics and classic type of

arrangement of an all-inclusive complex, there is a

requirement to have a filling station. Filling Station shall

be positioned strategically at the junction of the

Leopards Road leading to Mult-Facility Economic Zone

and the Road leading into Bauleni Township. It covers

0.4% of land and 0.17 Hectare space.

0.42 1,665

University

Campus

It is the second biggest portion of land covering 16%

and measuring 6.49 Hectares. It is intended to offer

cinematography, music, journalism, public relations,

medicine and Supply Chain. The practical of these

courses to be offered by the University will be

16.43 64,880


12

conducted at the project warehouse, hospital, and

ZNBC, family wonderland, ultramodern studios all under

one roof. The University Campus shall offer both

undergraduate and post graduate studies and it shall

be the first and best in Cinematography studies in

Zambia.

New Serviced

plots for

Housing

10% of land sitting on a 4.34 Hectares covers the existing

households which has been proposed to be

maintained. 5.44% of land sitting on 2.15 hectares

covers a green field land which has been proposed to

be serviced and sold to raise funds for immediate use.

5.44 21,497

Existing

Housing

10.98

Hospital/

Clinics

The Hospital land covers 7.19% of the land and

measures 2.84 Hectares. It is centrally located and easily

accessible by the surrounding area. The Hospital shall be

specialised in diagnostics with state-of-the-art

equipment. The specialised medical services shall

supplement what is not yet offered locally and shall be

used as a training place for students pursuing medical

studies.

7.1 28,385

Sports and

recreation

Centre

To be the only full house sports and recreation centre

saving the entire community in the surrounding area, to

contain Gym, 4 Futsal Courts, 1 Basketball Court,1

Netball,1 Swimming pool, theatre, to serve the University

campus and the Hospital and it covers 5.13% of land

and 2.03Hectare space.

5.13 20,275

Road and

Green Area

Roads and green area involved the bituminous tared

roads and a very exotic land-scaped are for all the

complex. It shall cover a total area of 3.65 Hectares,

translating into 8.24% of the total land.

8.24 36,459


13

3.2 Project Responsibilities

Project Company will design, construct, and finance the Project and maintain it over the

Operating Phase. Project Company’s responsibilities will be documented in detail in the

Project draft Concessions that will be issued as part of the RFP documentation. An

indicative summary of the main Project Company responsibilities is contained in Table 5

below.

6Table 5. Scope of the Project

Project Element Description

Finance

Project Company is required to directly finance or procure

Project finance to fund the construction and completion of

the entire Project.

Design During the RFP Phase, Respondents will be required to

develop comprehensive design solutions for the Project

Package for submission with their Proposals.

After Contract Close, Project Company will be responsible for

ongoing design development in accordance with the design

development plan to be contained in the Project Agreement.

Works / Build

Project Company is responsible for designing, constructing,

commissioning and completing the Works for the Project.

In broad terms, the Works will comprise the following:

• external works and services on the Sites;

• buildings works within the Sites;

• fitout of the buildings and facilities;

• backbone infrastructure equipment;

• furniture, fittings and equipment;

• Servicing of plots for immediate sale; and

• Construction of roads and landscaping

Performance of off-Site

works

Project Company may be required to undertake some off-Site

works that will be identified in the RFP including traffic and

road reconfigurations under a returned works arrangement.

Facilities Management

Services / Operate

Project Company is responsible for delivering the Facilities

Management Services (the “FM Services”). In broad terms, the

FM Services will comprise the following:

a) Hard FM Services: Project Company is required to provide

a range of hard FM Services over the Operating Phase of

the Project. The extent of the hard management services

is expected to include elements of the following:


14

• maintenance; waste management; utilities

management; and life cycle maintenance;

b) Soft FM Services: Project Company is required to provide

soft FM Services over the Operating Phase. The extent of

the soft facilities management services is expected to

include elements of the following:

• general management; help desk services; caretaker

services; grounds and garden maintenance; pest

control; catering services cleaning; security, and

Insurance

Commercial

Opportunities

Project Company may choose to identify commercial

opportunities which are complementary to the operation of

the Project Package for consideration by ZNBC.

Transfer of the project

The Project Company is expected to hand over the project to

ZNBC after a lease period as it shall be prescribed in the

concession agreement.

3.3 Services to be provided by ZNBC

There are a number of activities associated with the Project that do not form part of

the Project.

These activities will be undertaken or managed by ZNBC as summarised in the table

below.

7 Table 6. Activities undertaken or managed by ZNBC

Project Element Description

Site services

and utilities

It is expected that the responsibility for the provision of utility

services to the boundary of each Site prior to construction will

reside with ZNBC.

Site Access

It is expected that the responsibility for the provision access

authority to the site prior to construction will reside with ZNBC.

Modification to roads for access within the Sites and parking will be

the responsibility of Project Company. Project Company may be

required to undertake some off-site works that will be identified in

the RFP including traffic and road reconfigurations under a

returned works arrangement.

ZNBC Obtained As described in Section 2.6, ZNBC will be responsible for obtaining

ZNBC Obtained Authorisations to facilitate the Project. Project Co

will be responsible for complying with the conditions of all ZNBC

Obtained Authorisations and obtaining all other authorisations and

approvals required in relation to the Project.

Authorisations


15

3.3 Design Considerations

The RFP for the Project will contain the ZNBC’s “output based” design requirements.

The Specifications will set the minimum standards for the project Highest Best and

Mixed Use.

Respondents may wish to exceed the minimum standards, including where

exceeding the Specifications will offer value for money opportunities with regard to

life cycle and maintenance costs over the Operational Phase.

Where respondents’ offer to RFP exceeds the ZNBC standards in design, projects

alternative, lease fee, and lease period, ZNBC shall offer additional value scores at

evaluation stage.

3.4 Construction Considerations

The RFP for the Project will require the Shortlisted Respondents to demonstrate their

capability to undertake the Works. To enable ZNBC to assess the Respondents

capability the RFP will require the Respondents to provide a variety of plans including

a project management plan, construction management plan, safety management

plan, environmental management plan and quality management plan.

Project Company will be required to undertake the Works based on the agreed plans.

All materials and workmanship will be required to comply with all Zambian laws,

regulations and Building Standards. The works will be subject to review and approval

by an Independent Certifier who will determine whether Project Company has

complied with its obligations under the Agreement, including the Specifications.


16

4. Commercial Framework

4.1 Contractual Structure

ZNBC intends to contract with Two entities at RFP Stage that will be responsible for the

delivery of the Project. It is envisaged that these entities will be a consortium

comprised of at least one of each of a builder, facilities management subcontractor

and financier, supported by a range of specialist advisers including architectural,

engineering, legal and financial. It is expected that the Project Agreement details

between ZNBC and the successful Respondents will be coined in the contract of

construction, which shall be subject to the approval of the Attorney General. Among

contents of the agreement to be considered and entered into are such as:

a) Builder Side Deed;

b) Subcontractor Side Deed;

c) Finance Side Deed;

d) General Security Agreement; and

e) Independent Certifier Agreement.

f) Respondents are encouraged to explore and propose consortium structures that

best meet the requirements of the Project. ZNBC does not seek to be prescriptive with

respect to the Respondent’s consortium structure.

4.2 Commercial Principles or Risk allocation

The commercial principles for the Project will be broadly consistent with the PPP Act,

Public Procurement Act and its Regulations. Appendix 3 outlines a summary of a

number of the key commercial principles/ Risk Allocation that may apply to the

Project. ZNBC reserves the right to change its position in relation to these commercial

principles.

4.3 Commercial Opportunities

If Respondents wish to explore and identify suitable commercial opportunities that

may be delivered as part of the Project, the commercial opportunities must, as a

minimum:

(a) not conflict with, and preferably will enhance, the core project functions ;

(b) demonstrate an ability to meet all the Project objectives;

(c) be appropriate to be undertaken in the HBMU;

(d) provide a value for money outcome for ZNBC; and or

(e) take into account the ZNBC’s duty of care requirements.


17

5. Procurement Process

5.1 Overview The intended Procurement Process for engaging Project Company comprises the

stages as described below which is indicative only. ZNBC may change or terminate

this Procurement Process at any stage, including by proceeding in a manner which is

different to that described in this Invitation or in any subsequent RFP.

5.2 EOI Phase The issue of this Invitation is the first stage of the Procurement Process for the Project.

5.2.1 tendering period for the EOI

Invitation for the EOI will run for a period of Four Weeks (One Month), from 19th August

2020 to 18th September 2020 as stipulated on the front page.

5.2.2 Interactive EOI Zoom Meeting

(a) The purpose of interactive Zoom meeting will be to receive feedback and provide

clarifications on the EOI to respondents;

(b) The interactive meeting will take place on Friday, 4th September 2020 from

10:00am to 12:00pm;

(c) Contents of the meeting will be Presented through power point;

(d) The interactive meeting will be conducted through online Zoom meeting; and

(e) Respondents who wish to attend the interactive meeting will need to provide their

email address for the purpose of receiving the Zoom meeting invitation link.

5.3 RFP Phase The second stage of the Procurement Process will be the RFP Phase. This phase will

commence when ZNBC releases the RFP to Shortlisted Respondents. The RFP will

contain the technical, operational, legal, and commercial requirements for the

Project.

ZNBC intends to invite several Shortlisted Respondents to progress to the RFP phase of

the Procurement Process following the evaluation of the EOIs in accordance with this

Invitation.

Shortlisted Respondents will be required to submit fully costed and complete Proposals

in accordance with the RFP requirements covering a period of six weeks (One month,

and two weeks).

It is expected that the RFP Phase will also involve an interactive tender process

between the ZNBC and Shortlisted Respondents. ZNBC intends to engage with

Shortlisted Respondents actively and meaningfully at pre-RFP submission meeting and

during the whole process for the purpose of doubt avoidance.


18

5.4 Negotiations Following detailed evaluation of Proposals, ZNBC intends to select two Shortlisted

Respondent, but reserves the right to select three or more Shortlisted Respondents, to

proceed to negotiations with a view to resolving all remaining technical, operational,

legal and commercial issues and executing final Project Documents with the Preferred

Respondent(s).

5.5 Public Sector Comparator One aspect of identifying value for money under this procurement of PPP project is the

comparison of submitted proposals with a quantitative benchmark as outlined in the

feasibility study report (FSR). The FSR contents will be used as Public Sector Comparator

(PSC) which will calculate the hypothetical risk-adjusted cost of ZNBC delivering the full

requirements of the RFP under a conventional, fully publicly funded procurement

approach. Through the PSC (and other qualitative benchmarks) it can be assessed

whether the PPP procurement model for the delivery of the Project will deliver value

for money for ZNBC. ZNBC will develop its final PSC prior to the close of the RFP.

5.6 Project Governance ZNBC has deemed the Twin Palm land development Project a “major project” about

its complexity, profile and value. Consistent with the PPP Act, the ZNBC Act and

Strategic Plan, the ZNBC Director General, the Board, the Ministry of Information and

Broadcasting Services (MIBS), and the Attorney General have a lead role and

accountability in making sure that the private investment into this project is well

protected and that the concession agreement will take care of all interests of the

parties to this project.

5.7 Project Advisers The following advisers will assist ZNBC in the Procurement Process. These advisers have

been retained under exclusivity arrangements with ZNBC and are not available to

provide any service or information to any Respondents, or any prospective

Respondents, without the prior written approval of ZNBC.

8Table 7. Project Advisers

Discipline Advisor

Project Planning ZNBC Project Team

Commercial and Facilities Management

adviser Zambia Development Agency (ZDA)

Legal Advisors Director of Legal

Financial Advisors Director of Finance

Architectural and Technical directors

Ministry of works and supply, Ministry of

Housing infrastructure

Site investigations Ministry of Housing and Infrastructure

Capital cost planning Director of Finance

Process Advisor Public Private Partnership Department

Process Executor Head Procurement and Supplies Unit

Project Evaluation of EOI and RFP Project Advisors


19

5.8 Project Delivery Timetable Details of the anticipated timing for the Procurement Process and the Project

generally are provided in the timetable below. This timetable is indicative only and

ZNBC reserves the right to change the timetable in its absolute discretion.

9Table 8. Estimates of Project Delivery Timelines

Procurement Process Target Date

Expression of Interest (EOI) Phase

Approval of EOI by PPP 11th August 2020

Release of Invitation of EOIs 19th August 2020

Interactive EOI Zoom Meeting (10:00am – 12:00pm) 4th September 2020

Closing date for lodging EOIs 18th September 2020

Announcement of Shortlisted Respondents 28th September 2020

Request For Proposals (RFP) Phase

Release of RFP 5th October 2020

Opening of Interactive Tendering Process 16th October 2020

Closing Date for lodging Proposals 18th November 2020

Evaluation, Negotiation, Due diligence, and Award Phase

Appointment of Preferred Respondent 18th December 2020

Technical, Design and Financial approvals

Commence design development 31st December 2020

Date for Design Development Acceptance 1st February 2021

Engineering, Procurement and Construction (EPC)

Execution of development Agreement- Decommissioning

and recommissioning Meter mast 31st April 2021

Filling Station and Retail, Office blocks, Storage Logistics,

Family Wonderland, University, Hospital, Serviced plots,

facilities commissioning 31st March 2021

Operating, Contract and Management

Maintenance and Projects 31st December 2050

Project Handover or Extension 2051


20

6. Content and Evaluation of EOIs

6.1 Detailed Content of Evaluation Respondents are required to submit EOIs in accordance with the content outlined for

each Evaluation Criteria in the EOI response requirement to the evaluation criterion as set

out in Appendix 4.

The Evaluation process will consider the scores below: (a) The total evaluation score of the EOI will be 100 Percent; and

(b) The minimum weighted evaluation score will be 75 Percent

6.2 Evaluation Criteria ZNBC is seeking to identify Respondents with the vision, capacity, and ability to deliver all

components of the Project and to proceed to the RFP Phase of the Procurement Process.

EOIs will be assessed by ZNBC against the Evaluation Criteria set out below. The

Evaluation Criteria comprises the following:

(a) Weighted Evaluation Criteria: Criteria 1 to 6 have been assigned a weighting

(expressed in percentage terms) which will be used to establish the relative

importance of each criterion in the qualitative assessment of the EOI;

(b) Non-Weighted Financial Evaluation Criterion: Criterion 7 has not been assigned a

weighting and will not be taken into account in the weighted evaluation process.

Nevertheless, the Non-Weighted Evaluation Criteria are an important evaluation

consideration and will be considered as part of the EOI evaluation process and in

ZNBC's decision as to whether or not to shortlist a Respondent; and

(c) Non-Weighted Alternative Project Scope: Criterion 8 has not been assigned a

weighting and will not be taken into account in the weighted evaluation process.

Respondent shall respond to this part of the EOI in two ways:

(i) Provide response to the provided project scope as provided in the EOI; and

(ii) Provide an alternative project scope :

that can yield more investment than the one provided in this EOI,

the proposed scope can offer a better economic feasibility on updated

Cost Benefit Analysis,

the proposed scope is more commercially viable than the one proposed in

the EOI.


21

The highest numerical scoring EOI for the Weighted Evaluation Criteria may not

necessarily be the highest ranked EOI after taking into consideration the Non Weighted

Evaluation Criterion which are qualitative in nature.

The response information to be included in the EOI is set out in Appendix 4

ZNBC requires Respondents to carefully consider and respond to each criterion when

formulating their EOI responses.

10Table 9a. Weighted Evaluation Criteria

Weighted Evaluation Criteria Weighting

1 Project Understanding and approach

The degree to which the Respondent can demonstrate:

• an understanding of the Project and its importance to ZNBC,

including in the context of providing quality business

environments;

• its approach and strategies for meeting each of the Project

Objectives;

• an understanding and ability to address and incorporate

end user considerations into the design, construction and

maintenance of the Project; and

its ability to successfully deliver innovation and value for

money outcomes to ZNBC

10%

2 Organisational Structure, Experience and Resourcing Strategy

The degree to which the Respondent can demonstrate that it

has the organisational structure, PPP experience and resourcing

strategy suitable to successfully deliver the Project. This includes

consideration of the;

• suitability, appropriateness and adequacy of the

Respondent’s proposed organisational structure;

• relevant and recent experience of the Respondent and

Respondent Members in delivering PPP projects individually

and together with other Respondent Members; and

• ability of the Respondent to successfully resource and deliver

the Project in accordance with the proposed timetable,

based on the Respondent’s track record and its proposed

approach for delivering the Project

20%

3 Commercial Understanding, Structure and Project Finance

Capability


• an understanding and appreciation of the commercial

principles of the Project;

15%


22

• the suitability and appropriateness of its commercial and

contractual structure during each phase to successfully deliver

the Project; and

• that it has the skills, track record and capability necessary to

secure and provide the requisite level of competitively priced

private sector finance for the Project.

4 Design Capability, Experience and Approach


• the experience and capacity of its design team to design

social infrastructure projects;

• the experience and capability of the design team in working

in a PPP contracting environment; and

• its proposed approach for undertaking the design task for the

Project and the advantages of this approach.

20%

5 Construction Capability, Experience and Approach

The degree to which the Respondent can demonstrate the

experience and capacity of its construction team to deliver the

Project, including:

• the experience and capacity of its construction team to

deliver social infrastructure projects.

• the experience and capability of the construction team in

working in a PPP contracting environment; and

• its proposed approach to the construction task for the Project

and the advantages of this approach.

15%

6 Facilities Management Capability, Experience and Approach

The degree to which the Respondent can demonstrate the

experience and capacity of its facilities management team to

maintain social infrastructure , including:

the experience and capability of the facilities management

team in maintaining comparable infrastructure;

its proposed approach for the delivery of facilities

management services across multiple sites for the Project

and the advantages of this approach; and

the proposed approach to accommodate facilities

management input into design and construction, with a view

to achieving effective whole of life design outcomes that

offer value for money for ZNBC.

20%

Total Weighted Evaluation Score 100

11Table 9b. Non-Weighed Evaluation Criterion

Non-Weighted Evaluation Criteria


23

7 Financial Capacity

That each Respondent Member has the financial strength, capacity, and

experience to successfully deliver its aspect of the Project and can

contribute to the overall ability of the Respondent to finance and deliver all

aspects of the Project.

8 Alternative project Scope

Respondents are encouraged to react to the provided project scope and

propose alternative and more viable projects that would perform better.

6.3 Evaluation Approach In evaluating EOIs, ZNBC will:

(a) assess EOIs against the Non-Weighted Evaluation Criterion;

(b) assess an Alternative project scope to what has been provided;

(c) assess EOIs against the Weighted Evaluation Criteria (which have been ascribed a

weighting on a percentage basis identifying the relative importance of each

criterion);

(d) take into account the performance of the Respondent at any meetings,

interviews or workshops that may be conducted;

(e) take into account the extent to which the response to EOI:

(i) is clear and comprehensive;

(ii) contains all information required by this Invitation; and

(iii) responds consistently to each of the Evaluation Criteria.

In evaluating EOIs, ZNBC may take into account any other information available to

ZNBC concerning the Respondent or its EOI.

6.4 EOI Response Information The Project Respondents are required to fill in the Response Information Form in order to

provide all relevant information as required during the Evaluation process. The Bid

response form is under Appendix 6

6.5 Additional Information Project Respondents are required to provide additional information as outlined in

Appendix 5.


24

7. Procedural Matters

7.1 Enquiries All enquiries in respect of this Invitation must be in writing or by email and directed to:

The Head Procurement and Supplies Unit

Zambia National Broadcasting Corporation

Mass Media Complex

Alick Nkhata Road

P.O.Box 50015,Lusaka, Zambia

Telephone: +260211253304

E-mail: [email protected]; [email protected]

The decision on whether to respond to any enquiry and the content and timing of any

response is at the discretion of ZNBC.

7.2 Lodgment Details (a) Respondents must lodge:

(i) one original version of the EOI, marked ‘Original’ and will be taken as the

master copy for assessment purposes;

(ii) a full and complete electronic copy of the EOI formatted as specified for

each Evaluation Criteria and stored on a USB that is arranged in the same

order as the original version; and

(iii) a full and complete electronic copy of the EOI formatted to searchable PDF

and stored on a USB that is arranged in the same order as the original version.

(b) The EOI must be placed in a sealed package and must be clearly marked as

follows:

STRICTLY PRIVATE AND CONFIDENTIAL

Twin Palm Development Project

Expression of Interest (EOI)

EOI Number: ZNBCPPP/TWINPALM/2020

(c) The EOI must be submitted by hand in the tender box at the reception of the

ZNBC Mass Media Complex and addressed to:

The Head Procurement and Supplies Unit

Zambia National Broadcasting Corporation

Ground Floor Mass Media Complex

Alick Nkhata Road,

P.O. Box 50015

Lusaka, Zambia


25

7.3 Closing and Opening Times for EOI The Closing Time for lodgement of EOIs is as set out on the front page of this Invitation.

7.4 Late Submission If an EOI is not submitted at the place of lodgement specified by the Closing Time

ZNBC may, in its absolute and sole discretion, reject or not consider the EOI.

7.5 Project Adviser The Project Adviser in respect of this Project is the Public Private Partnership

Department. Respondents may contact the Project Adviser in circumstances where

they have concerns as to probity or the conduct of the Procurement Process. Any

contact or communication with the Project Adviser may be disclosed to ZNBC and

ZNBC reserves its rights to deal with the information in accordance with the Terms and

Conditions. The Probity Adviser’s contact details are as follows:

Name: Mr. Solomon Simutowe

Title : ZNBCPPP/TWINPALM/2020 Project Advisor

Institution: Public Private Partnership Department,

Ministry of Finance

P.O.Box 50062, Chimanga Road

Lusaka, Zambia

Email Address: [email protected]

Phone number: +260 211 251843, +260 211,250657, +260 211 253786.

7.6 Collection and accessing of request for Expression Of Interest

Respondents to this Expression of Interest MUST collect a complete set of Request for

Expression of Interest (REOI) containing the full details of the project and other related

information from :

ZNBC Procurement Office, Mass Media Complex, Alick Nhata Road, Lusaka.

ZNBC Website: www.znbc.co.zm/tenders

Emails: [email protected], [email protected]

Phone Number: 00 260 253304

8. Acknowledgements

The production and references for this Expression of interest acknowledges all the

valuable sources of information some of them namely:

8.1 The Zambia’s Public Private Partnership Act No. 14 of 2009,

8.2 The Zambia’s The Public Procurement Act No. 12 of 2008,

8.3 The Western Australian Schools Public Private Partnership Project,

8.4 The South Africa’s Public Private Partnership Manual,

8.5 Zambia Chartered Institute of Logistics and Transport, and

8.6 Anchicon Limited, Zambia

Highest Best Use Public Private Partnership Project-- Invitation for Expression of Interest

26

Appendices

Appendix 1: EOI Terms and Conditions

1.1 No legal relationship

Each Respondent Member acknowledges and agrees that:

(a) neither this Invitation nor the RFP constitute an offer to enter into final Project

Documents;

(b) other than the contract that arises as a consequence of the execution of the

EOI Form:

(i) no contract exists or will arise between ZNBC and the Respondent in

respect of the Project unless and until Contract Close is achieved; and

(ii) neither ZNBC nor the Respondent intend to create a legal relationship.

(c) these Terms and Conditions set out the entire agreement between the

parties in respect of the Procurement Process.

1.2 Inconsistency

ZNBC may elect to issue this Invitation, the RFP and any other Disclosed Information

to the Respondent in hard copy and electronically. To the extent that there is any

inconsistency between a hard copy and an electronic version, unless the Head of

Procurement and Supplied Unit directs otherwise (acting in its discretion), the

electronic copy shall take precedence

1.3 Addenda

Each Respondent Member agrees that:

(a) at any time during the Procurement Process ZNBC may, for any reason (but

without being obliged to do so), amend:

(i) this Invitation; or

(ii) the RFP, by issuing an Addendum to this Invitation or the RFP.

Any Addenda issued shall be deemed to form part of this Invitation or the RFP

(as the case may be). None of ZNBC or any of the ZNBC's Associates will be

liable for any costs, Losses, expenses or damages incurred by the Respondent

as a consequence of any such Addenda;

(b) the Respondent must prepare its EOI or Proposal (as the case may be) to take

into account and reflect the content of any Addendum; and

(c) this Invitation or the RFP may only be amended or supplemented by Addenda

that may be issued.

No statement or representation made by ZNBC or by an Associate of the ZNBC

(whether at an industry briefing, workshop, question and answer session or otherwise)

modifies or supplements this Invitation or the RFP, unless the statement or

representation is confirmed by an Addendum.


27

1.4 Status of Respondents Members

Status of Respondent Members

(a) If, after lodgement of its EOI or Proposal:

(i) there is a change in the structure of a Respondent Member or there is

otherwise a change in Control of a Respondent Member; or

(ii) the Respondent replaces, adds, removes or alters the proposed role

of a Respondent Member, the Respondent must:

(iii) promptly notify ZNBC;

(iv) provide ZNBC with sufficient details of the change; and

(v) provide evidence to ZNBC that the new Respondent Member has

agreed to be bound by the Terms and Conditions.

(b) Upon receipt of such notification ZNBC will assess any change and reserves the

right to accept the change and impose such conditions as it thinks fit in

connection with accepting the change or terminate the Respondent's further

participation in the Procurement Process.


28

Appendix 2. Project Stakeholders

1. The Ministry of Information and Broadcasting Services (MIBS)

2. Zambia Development Agency (ZDA)

3. Ministry of Works and Supply (MOWS)

4. Ministry of Justice (MoJ)

5. Ministry of Transport and Communication (MTC)

6. Zambia Chartered Institute of Logistics and Transport (ZCILT)

7. Ministry of Health (MoH)

8. Ministry of Higher Education (MOHE)

9. Ministry of Housing and Infrastructure Development

10. Ministry of Tourism and Arts (MTA)

11. Ministry of Youths, Sports and Child Development

29

Appendix 3: Commercial Principles / Project Associated Risks

S/N Categories Description Impact

(1 - 4)

Likelihood

(1 - 4)

Description of Mitigation Measures/Controls in

Place

Allocation

1 Completion/

Construction

related risks

The possibility that the design, procurement,

construction and commissioning of the Facilities

required for the Project may be (i) delayed so that

the delivery of the Services included in the Project

cannot commence at the envisaged start-up date,

or (ii) delayed, unless greater expenditure is

incurred to keep the Project to the envisaged

start-up date, or (iii) delayed because of

variations.

4 2 Special insurance (delay in start-up insurance).

Liquidated damages, construction bonds and

other appropriate security from the Private Party

to achieve completion, unless caused by the

Institution.

Private Party, unless

delay caused by

Institution (including,

Institution variations).

2 Design risk The possibility that the Private Party’s design may

not achieve the required output specifications.

2 2 Clear output specifications. Design warranty.

Consultation with and review by Institution (but

review must not lead to input specifications by Institution)

Private Party.

3 Cost over-run

risk

Possibility that during the design and construction

phase, the actual Project costs will exceed

Projected Project costs.

4

2

Fixed price construction contracts. Contingency

provisions. Standby debt facilities / additional

equity commitments (Shareholder and other

funder commitments); provided that these

commitments are made upfront and

therefore anticipated in the base case

Financial Model. However, if the Project is

not performing as anticipated in the base

case Financial Model, then (to effect a rescue

of the Project) these commitments may be

implemented, but the prior approval of the

Institution is required if such commitments

will increase its liabilities on termination.

Private Party.

30

5 Environmental

risk

This includes not only the possibility of liability

for losses caused by environmental damage (i)

arising from construction or operating

activities (see operating risk) during the

Project Term, but also (ii) arising from pre-

Project Term activities whether undertaken by

the Institution or a third party and not

attributable to the activities of the Private

Party or its subcontractors.

4 2 Remediation works to remedy

preexisting environmental damage as a specific Project

deliverable. Independent monitoring of remediation works.

Thorough due diligence on preexisting environmental conditions.

Special Insurance

In relation to due diligence and

remediation works, the

Private

Party. In relation to insurance, the Institution, but only if there is no or insufficient insurances available to mitigate this risk and if the

Institution’s liability is

capped

6 Market,

demand or

volume risk

The possibility that the demand for the

Services generated by the Project may be less

than projected (whether for example because

the need for the Services ceases or decreases,

or because of competitors entering into the

relevant market, or because of consumer

opposition to the outsourcing of the Services).

3 2 Attempts to acquire letters of

intent for prospective tenants for

the lease of the building combined

with marketing campaigns to

create awareness of the products

and services to be provided

In relation to a revenue

generating Project, the

Private Party.

7 Supply, input

or resource

risk

The possibility of a failure in the supply of the

inputs (particularly, resources) required for

the operation of the Project including non-supply or deficiencies in the quantity

and quality of available supplies

3 1 Supply contracts for supply of

total Project requirements, such

as take and pay contracts.

Private Party

31

8 Utilities supply

Risk

The possibility that the utilities (e.g.

electricity, gas and water) required for the

construction and/or operation of the

Project may not be available.

4 3 Emergency back-up facilities, e.g.

generators. Emergency supply

contracts. Special insurance.

Private Party

9 Insolvency and

outside creditor

risk

The possibility of the insolvency of the

Private Party or any of its Shareholders.

4 2 Reporting obligations in respect of

any litigation; financial information;

disputes with creditors. Substitution

of Private Party in terms of Direct

Agreement.

Private Party.

10 Sub-contractor

risk

The risk of subcontractor defaults or

insolvency. This risk may arise at the

construction and/or operations phases of

the Project.

2

2

Subcontractors must have expertise,

experience and contractual

responsibility for their performance

obligations. Substitution of

subcontractors. Must be based on

Due diligence.

Private Party.

11 Operating risk

(technology,

environmental,

Any factors impacting on the operating

requirements of the Project (including

projected operating expenditure and skills

3

2

Clear output specifications. Penalty

regime and performance

monitoring.

Private Party.

32

cost and

management)

requirements, e.g. labour disputes,

employee competence, employee fraud,

technology failure, environmental

incidents and any failure to obtain,

maintain and comply with necessary

operating permits).

Adequate O&M contract.

Substitution rights.

Security and special insurance

12 Maintenance

risk

The possibility that (i) the cost of

maintaining assets in required condition

may vary from the Projected maintenance

costs, or (ii) the agreed maintenance

programme is not followed.

3

2

Clear output specifications. Penalty

regime and performance

monitoring. Adequate O&M

contract. Substitution rights.

Security and special insurance

Private Party.

13 Force Majeure

(act of God)

risks

This may overlap with operating risk or

completion risk, and includes certain

unexpected factors out of the control of

the Project participants (whether natural

or “man-made”), which may affect the

construction or operation of the Project.

4

1

Define “Force Majeure” narrowly to

exclude risks that can be insured against or are dealt with more

adequately by other mechanisms

such as Relief Events or

Compensation Events. Relief and

Compensation Events.

If risks are insurable

not Force Majeure and risk allocated to

Private Party. If risks

are not insurable,

then risk is shared.

14 Political risk The possibility of action by any government authority that materially and

adversely affects the completion and/or

operation of a Project, or the expected

return on investment of the Private Party’s funders. This risk overlaps with some

financial risks (e.g. tax rate change risk)

and other risks such as operating risk.

4

2

Limit risk to Changes in Law and to

expropriation, nationalisation or

privatisation (collectively,

“expropriating actions”) of the

Institution, services or assets of the

Private Party. Distinguish between

General and Discriminatory Changes

in Law. In relation to Discriminatory

Changes in Law, termination by

Private Party with compensation.

In relation to

Discriminatory

Changes in Law and

expropriating

actions, the

Institution.

In relation to

General Changes in

Law, the Private

Party.

33

15 Regulatory

risk

The possibility that the approvals required

from government authorities for the

Project will not be obtained (other than

planning and environmental approvals,

which elsewhere herein, are specifically

dealt with, see planning risk and

environmental risk).

4

1

Implementation by the Institution of

an intergovernmental liaison

process with the responsible

government authorities before the

procurement phase. Due Diligence

by Private Party to identify

approvals its requires for its

operating requirements If permitted

under applicable law, obtain all such

approvals before the Signature Date.

If any such

approvals (other

than those relating

to Private Party’s

operating

requirements) can

be obtained before

the Signature Date,

the Institution. In

relation to the

Private Party’s

operating

requirements, the

Private Party.

16

Currency or

exchange rate

risk

The possibility that exchange rate

fluctuations will impact on the envisaged

costs of imported inputs required for the

construction or operations phase of the

Project.

3

2

Hedging instruments (e.g. swaps).

Use of relatively stable currency for

projections

Private Party.

17 Interest rate

risk

These are factors affecting the availability

and cost of funds.

4

2

Hedging instruments. Fixed

rate loans

Private Party.

18 Tax rate

change risk

The possibility that changes in applicable

tax rates (income tax rate, VAT) or new

taxes may decrease the Project party’s

anticipated return.

4

3

Termination by Private Party with

compensation for tax increases or new taxes arising from

Discriminatory Changes in Law.

In relation to tax

increases

34

19 Inflation risk The possibility that the actual inflation rate

will exceed the Projected inflation rate.

This risk is more apparent during the

operations phase of the Project.

3

2

Shared between the

Parties in relation to

specified input

items.

20 Insurance risk The possibility (i) that any insurable risks

may become uninsurable in the course of

the Project Term or (ii) of substantial

increases in the rates at which insurance

premia are calculated.

3

2

At the option of the Institution,

selfinsurance by the Institution or, if

the uninsurable event occurs, then

termination of the Agreement with

compensation to the Private Party

if the Private Party

caused the un-

insurability then it

bears the risk. If this test fails, then the

risk is shared.

21 Residua value

Risk

The risk that the Project Assets at

termination or expiry of the Agreement

will not be in the prescribed condition for

handback to the Institution.

4

2

Obligations on Private Party to

maintain and repair. Audit towards

the end of Project Term. Security by

the Private Party in favour of the

Institution, e.g. final condition bond,

or deduction from Unitary Payment.

Reinstatement obligations on Private

Party

If Lack of monitoring by Institution, then

institution.

If negligence to

maintain by private

party, then private

party.

35

Appendix 4: EOI Response requirements to the Evaluation Criteria

Part A: General Instructions

1. Overview

The following detailed information requested below in section 4 is to be provided by Respondents

as part of their EOI. This information will be evaluated against the Evaluation Criteria.

2. General response instructions

Respondents are required to note the following instructions for the EOI:

(a) EOI responses are to be structured in accordance with section 3 below (EOI

Structure) and in a manner that clearly and concisely addresses the EOI response

information;

(b) each page in the EOI should be clearly numbered and contain the identity of the

Respondent in the header or footer;

(c) EOIs are to be sufficiently detailed to enable assessment by ZNBC without

requiring further information from Respondents;

(d) Respondents should not include corporate marketing brochures or similar

materials in the EOI and the use of any images should be relevant to the written

material; and

(e) a separate bound executive summary or the like is not requested or required.

3. EOI Response structure

EOIs should be consistent with the EOI response information structure of section 4 , Table 10 and

Table 11 and as summarised below:

(a) Part A: EOI Response Form (refer to Appendix 6) Respondent must fill in all information required as prescribed in the form under Appendix 6.

(b) Part B: Response to Evaluation Criteria. It is a build up of Table 9a and 9b. (i) B1: Project understanding and approach

(ii) B2: Organisational structure, experience and resourcing strategy

(iii) B3: Commercial understanding, structure and project finance

(iv) B4: Design capability, experience and approach

(v) B5: Construction capability, experience and approach

(vi) B6: Facilities management capability, experience and approach

(vii) B7: Financial capacity

(viii) B8: Alternative Project Scope

(c) Part C: Additional Information as outlined is Appendix 5.

36

4. EOI response information Part A: Respondent’s Details are to complete EOI Form set in Appendix 6

Part B: Response requirements for the Evaluation Criteria

The table in this section identifies for each weighted evaluation criterion, the EOI information and

content requirements (and applicable page limits) and the relevant evaluation criterion weighting.

12Table 10: Detailed Weighted Evaluation Criteria

Weighted Criterion EOI content 100%

B1. Project Understanding and Approach – 10% (Limit: 10 pages) 10

B1.1 The Respondent’s

understanding of the Project and

its importance to ZNBC.

Demonstrate the Respondent’s

understanding of the Project and its

importance to ZNBC.

3

B1.2 The Respondent’s approach

and strategies for meeting each

of the Project Objectives.

Demonstrate the Respondent’s approach

and strategies for achieving the

requirements of each of the Project

Objectives.

2

B1.3The Respondent

understanding and ability to

address and incorporate end user

considerations into the design,

construction & maintenance of

the Project.

Demonstrate the Respondent’s

understanding of the end user issues and the

process of how these will be considered in

the design, construction and maintenance

of the Project. Include references to

strategies that have been successfully

used previously.

2

B1.4 The Respondent’s ability to

successfully deliver innovation

and value for money outcomes to

ZNBC.

Provide examples of opportunities for

innovation and value for money outcomes

on the Project. Provide examples of

innovation and value for money delivered

on other similar projects and how this may

relate to the Project.

3

B2. Organisational Structure, Experience and Resourcing Strategy – 20% (Limit: 10

pages)

B2.1 The Respondent’s

organisational structure.

Outline of the proposed Respondent

Members and their role in the Project. Detail

the overall organisation structure for the

Project, a description of the key roles and

provide details of the key personnel filling

these roles. Detail the proposed organisation

chart for the Design and Construction Phase

and Operational Phase. Provide an

explanation on how these structures will

enable the Respondent to successfully deliver

the Project.

4

B2.2 The Respondent’s PPP and

/or Highest Best Mixed Use

experience

Detail the relevant experience of the

respondent Members in delivering projects

through PPP or similar delivery models. Be

specific about the role of the Respondents in

the project and the relevance this has with this

Project.

6

37

Weighted Criterion EOI Content

B2.3 The

Respondent’s

ability to resource

and deliver social

infrastructure

projects.

Demonstrate the ability of the Respondent to

successfully resource and deliver the Project in

accordance with the proposed timetable, based

on the Respondent’s track record and its

proposed approach for delivering the Project

10

B3. Commercial Understanding, Structure and Project Finance – 15%

(Limit: 10 pages)

15

B3.1 The

Respondent

understanding and

appreciation of

the commercial

principles of the

Project

Demonstrated understanding of the Commercial

principles for this Project and in particular the

commercial principles detailed within section 4.2

and appendix 3.

3

B3.2 The suitability

and

appropriateness of

its commercial and

contractual

structure during

each phase to

successfully deliver

the Project.

Outline Respondent’s preferred commercial and

contractual structure to deliver the Project,

including the nature of contractual arrangements

between parties and the level of and type of any

guarantee(s) and/or parent support expected to

be provided.

Provide diagrams of the above-mentioned

commercial and contractual structures during

each phase of the Project.

Identify the rationale for the Respondent’s

preferred commercial structure and how it will

facilitate successful delivery of the Project.

Provide details of the key personnel that will form

part of the finance team, their role and

4

B3.3 The

Respondent’s skills,

track record and

capability

necessary to secure

and provide the

required levels of

private sector

finance for the

Project.

Respondent to provide sufficient evidence to allow

ZNBC to assess the financial viability, strength and

capacity to fulfil its obligations.

Demonstrate how the Respondent intends to fund

the Project.

Demonstrate the Respondent’s skills, track record

and capability necessary to secure and provide

the required levels of private sector finance for the

Project, including the ability to:

• develop a suitable financing solution for the

Project;

• commit equity to the Project;

• raise the required level of debt for the Project;

• achieve competitive finance terms; and

achieve absolute certainty of finance.

8

B4. Design Capability, Experience and Approach – 20% (Limit: 10

pages)

20

B4.1. The

Respondent’s

design team

experience and

capacity.

Demonstrate experience of the design team to

design the projects components or similar social

infrastructure projects. As part of the response

provide recent examples (not more than 5)

setting out key elements of the projects including:

• the nature of the project and the role

8

38

undertaken by the Respondent (or

consultant, sub-consultant or subcontractor);

• the originally agreed contract sum and

• date for completion;

• the end contract sum and date of

completion (and reasons for any variance);

• details of any innovations on these projects;

• details of problems which arose and how they

were overcome; and

• a reference from the project owner.

Provide details of key personnel that will form part of

the design team, their role and relevant

experience.

B4.2 The

Respondent’s

design team

experience and

capability working

in a PPP contracting

environment.

The Respondent’s proposed approach for

undertaking the design task on this Project.

Explain the advantages of this approach.

Provide details on any Project issues and risks

that will need to be considered through the design

process.

5

B4.3 The

Respondent’s

approach for

undertaking the

design task.

Provide details of the Respondent's proposed

approach in:

• managing design input from Project

stakeholders; and

managing design and construction interfaces with

third parties.

7

B5. Construction Capability, Experience and Approach – 15% (Limit:

10 pages)

15

B5.1 The

Respondent’s

construction team

experience and

capacity

Demonstrate experience of the construction team

to construct HBU and/or similar social infrastructure

projects. As part of the response provide recent

examples (not more than 5) setting out key

elements of the projects including:

• the nature of the project and the role undertaken

by the Respondent (or contractor or

subcontractor);

• the originally agreed contract sum and date for

completion;

• the end contract sum and date of completion

(and reasons for any variance);


• details of problems which arose and how they

were overcome; and

• a reference from the project owner. Provide

details of key personnel that will form part of the

construction team, their role and relevant

experience.


undertaking the construction, focusing on the

Project issues and risks.

Explain the advantages of this approach. Address

how it will manage multiple projects concurrently of

construction.

7

B5.2 The

Respondent’s


undertaking the construction task on this Project.

3

39

construction team

experience and

capability working

in a PPP contracting

environment.

Explain the advantages of this approach.

Provide details on any Project issues and risks that

will need to be considered through the

construction process.

B5.3 The

Respondent’s

approach for

undertaking the

construction task.

Provide details of the Respondent's proposed

approach in:

• managing construction input from Project

stakeholders; and

• managing design and construction interfaces

with third parties.

5

B6. Facilities Management Capability, Experience and Approach –

20%, (Limit 10 pages)

20

B6.1 The

Respondent’s

experience and

capacity of its

facilities

management team

to maintain

comparable

infrastructure.

Demonstrated experience of the facilities

management team to maintain and/or similar

social infrastructure facilities, including:

• the nature of the facility and the role

undertaken by the Respondent;

• the originally agreed contract sum and

date for completion;

• the end contract sum and date of

completion (and reasons for any variance);


• details of problems which arose and how

they were overcome; and

• a reference from the project owner.

Provide details of key personnel that will form part

of the facilities management team, their role and

relevant experience.

6

B6.2 The

Respondent’s

approach for the

delivery of facilities

management

services across

multiple sites for the

Project


undertaking the facilities management, focusing

on the Project issues and risks. Within the approach

address how it will manage the transition from

construction to operations as well as the impact of

any staging and multiple sites. Explain the

advantages of this approach

7

B6.3 The

Respondent’s

proposed

approach to

accommodate

facilities

management input

into design, with a

view to achieving

effective whole of

life design

outcomes that offer

value for money for

ZNBC.

Provide a response that explains how the facilities

management team will input into the design

development and construction to achieve

effective whole of life outcomes.

7

40

13.Table 11: Non-Weighted Evaluation Criteria

Non-Weighted Criterion EOI Content

B7. Financial Capacity B7.1 Demonstrate that each

Respondent Member has the

financial strength, capacity and

experience to successfully deliver its

aspect of the Project and can

contribute to the overall ability of

the Respondent to finance and

deliver all aspects of the Project.

For each Respondent Member

provide:

• profile for each director and

executive including qualifications,

experience and position;

• a brief history of the entity

including the year when operations

commenced, and any major

changes in corporate structure,

acquisitions, disposals etc;

• the corporate family tree, outlining

the immediate and ultimate parent,

subsidiaries and other related

entities; and

• financial statements (profit and

loss, balance sheet, cash flow and

notes) for the three most recent full

financial periods.

B8. Alternative Project Scope B8.1 the Respondent is encouraged

to offer alternative Project scope

and demonstrate how the proposed

project scope can be more viable

than the one provided in the

scope.

The overall respondent to react to

the provided project scope and

demonstrate that:

The alternative project scope

can yield more investment than

the one provided in this EOI;

The proposed scope can offer a

better economic feasibility on

updated Cost Benefit Analysis

The proposed scope is more

commercially viable that the

one proposed in the EOI

Respondent shall respond to this

part of the EOI in two ways:

1. Provide response to the

provided project scope; and

2. Provide an alternative project

scope.

Appendix 5: Part C: Additional Information

Respondents are encouraged to provide feedback on any issues of its choosing relating

to the Project. Any information provided in response to this Part C will not be considered

in the evaluation of the EOIs. However, information will usefully be applied for the

intended purpose. Where feedback is required, ZNBC shall respond and provide relevant

feedback.

41

Appendix 6. EOI Response Information

Response instruction: The Respondent is to complete this form in this

format. This Response Form is to be signed by each Respondent

Member.

1. Respondent Details

1.1 Respondent Members

Response instruction: Provide the following details in relation to each

Respondent Member and the Project Company (if applicable). Respondent

Members must include each lead Financier, lead construction contractor,

lead services provider and Project Company (if applicable). A Lead

Respondent Member must also be identified

The Respondent Members are as follows

Respondent Member Corporate Information*

Full Name (Insert)

Place and date of incorporation (Insert)

Company Name (Insert)

Address of Registered office (Insert)

Address for notices (Insert)

Email address for notices (Insert)

Telephone number (Landline) (Insert)

Telephone number (Mobile) (Insert)

Name and position of the individual

nominated as Respondents contacts

(Insert)

*Please duplicate this table tor each Respondent Member

1.2 Respondent’s Associates

Response instruction: Provide a list of the Respondent’s Associates including

consultants, advisors, contractors and subcontractors that have been

engaged by the Respondent Members to assist in the preparation of this EOI

and/or going forward in the Procurement Process if shortlisted.

The Respondent's Associates are as follows:

Organisation Role

[insert] [insert]

[insert] [insert]

[insert] [insert]

[insert] [insert]

[insert] [insert]

42

1.3 Related Party Participants

Response instruction: Disclose all Related Party Participants of each

Respondent Member that may also be a member of a competing

Respondent.

Response instruction: Provide details of any areas in which the

Respondent is currently incomplete and the proposed approach and

timing of obtaining the relevant expertise (including the identity of any

additional Respondent Members).

1.4 Potential additional Respondent Members

2. Terms and Conditions

By lodging its EOI, each Respondent Member confirms and agrees that it is

bound by the Process Terms.

Dated the [insert] day of [insert] 2020.

Response instruction: To be signed by duly authorised officers for each

Respondent Member using one of the execution blocks below. The State

reserves the right to ensure each Respondent Member has signed the

Response Form before further considering the EOI.

Signed for and on behalf of [insert]

(ABN [insert]) by its attorney under

power of attorney dated [insert], in the presence of:

------------------------------------------- ----------------------------------------------- Signature of Witness Signature of Attorney

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

Full name of Witness Full name of Attorney

----- Thank you and all the best -----