SELECTION OF CONSULTANT FOR PREPARATION OF …tsiic.telangana.gov.in/wp-content/uploads/2016/09/HPC_MP_Sept-2016... · Addendum -1to RFP: Clarification ... requirement in this contract

SELECTION OF CONSULTANT FOR PREPARATION OF INTEGRATED MASTER PLAN AND DESIGNS FOR HYDERABAD PHARMA CITY

Addendum -1to RFP: Clarification / Response to Pre-Bid queries

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S. No. Clause Ref. Clause as per RFP Query Clarification/Response

1 Clause 1.8 Schedule of Selection Process : Proposal Due Date (PDD) & Time : 28-09-2016 up to 17.00 HRS (IST)

Because of the various requirements asked for in the bid and looking at the scale of the project, it is requested that the PDD be kindly extended by 4 weeks. Also, Section 2.17, Page 25 mentions time as 1600 hrs and is different than that mentioned on page 8. Please clarify.

Not considered. PDD given in RFP holds good. It is clarified that the proposals should be submitted before 1700 hours on the PDD. The Bidder shall make the presentation on Conceptual Plan, Approach & Methodology on the day following PDD at 11:00 AM.

2 Clause 2.2.2 – Sub clause (B)

Eligible Assignments: Experience of Detailed Master Planning and Infrastructure Planning of Greenfield Industrial Park / SEZ /Industrial Estate projects of 2000 Acres or above in a single project along with planning and design of common/support facilities with built up area of at least One (1) million sft.

It is requested that master planning and engineering design requirements be maintained separate from requirements for Architectural Services. These are independent specialist services and the requirement for both these 2000 acres of master planning and engineering along with 1 million sft as a combined design scope is very limiting. It is suggested that since the focus of the project initially is on the master planning and design engineering, the requirement to have 1 million sft of architectural design be removed.

Refer Clarification at Sl.No. (38) of this document.

3 Clause 2.2.3 The Applicant shall enclose with its Proposal, certificate(s) from its Statutory Auditors stating its annual turnover during each of the past three financial years.

We request that certificate from Chartered Accountants be allowed for this purpose

RFP Clause holds good.

4 Clause 2.16.7 The rates quoted shall be firm throughout the period of performance of the assignment up to and including discharge of all obligations of the Consultant under the Agreement.

We would request that this clause is removed. Based on our industry experience, the scope, scale and complexity of such assignments require the clients to recognize change during the duration of the assignment. Such changes that are currently unforeseen and will have an impact requiring design rework will need to be compensated for by the client. Adequate clauses and protection for escalations caused by extension of project duration for reasons beyond control of the consultant may please be included in the contract.

RFP Clause holds good. Also refer to Clause 6.5 of Draft Agreement.

5 Clause 2.26 Indemnity: The Consultant shall, subject to the provisions of the

Request you to kindly amend as follows:




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Agreement, indemnify the Authority, for an amount not exceeding value of the Agreement, for any direct loss or damage that is caused due to any deficiency in Services.

Indemnity: The Consultant shall, subject to the provisions of the Agreement, indemnify the Authority, for an amount not exceeding value of the Agreement, for any direct, indirect or consequential loss or damage that is caused due to any deficiency in Services.

6 Clause 2.28 Execution of Agreement : After acknowledgement of the LOA…...in favour of Vice Chairman & Managing Director, TSIIC Ltd. The Selected Applicant shall not be entitled to seek any deviation in the Agreement.

The last line in this paragraph may please be deleted. The scale scope and nature of this project needs to provide clients and its consultant’s necessary flexibility to enable changes. This may be particularly required owing to the likely long duration of this contract. Such clauses limit the flexibility for both the client and consultant.

Refer Clauses 2.6 and 6.5 of draft Agreement. RFP Clause holds good.

7 Clause 2.30 The provisions of the Note that essentially require every page of a foreign document to be attested by the embassy in a foreign country.

These provisions are difficult to do within the bidding time, since for international firms; several documents would emerge from a foreign country. Typically these requirements are only for documents that require legal attestation like a Power of Attorney executed abroad. We request for this requirement to be removed. Upon request during bid evaluation, specific references may be sought to verify authenticity directly from the client and we will be happy to provide these.

Along with the proposal; the applicant shall submit relevant documents duly attested by Statutory Auditor along with a proof of submission of such documents to Embassy (i.e., Acknowledgement) & also an undertaking by the Bidding firm stating that Authenticated documents (for the list of documents already submitted with the Bid/proposal) will be submitted as and when those are authenticated by the respective embassies.

8 Clause 3.1.2 Scoring Criteria Kindly clarify if a concept master plan presentation is expected to be made as part of the proposal. What level of conceptual information is expected? If yes, kindly provide us with an editable CAD drawing of the site with key site information to help with development of the concept. Because of the nature of the assignment and the dependency of the assignment on the profiles of experts, it is suggested that the proportion of score for Team CVs be increased to 50% of the total score. We would kindly request that the position of Sector expert be removed since the Client may already have

It is clarified that the Conceptual Master Plan presented by the applicant will be an indicative Concept and only for the purpose of evaluation. The Authority intends to assess the applicant’s understanding of the site, the project concept and its approach through the Conceptual Master Plan. The Auto CAD drawing with indicative Site boundary and Contours will be shared with the prospective bidders. RFP Clause holds good. RFP Clauses hold good.



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a stakeholder group that will advise as sector experts. The person in this capacity as a Pharma Plant expert might have limited inputs if any in the land development process and it limited to identification of baseline infrastructure requirements alone. Requirements for architect may have to be redistributed if architectural scope is removed from the RFP, in which case we would suggest that scores for transportation planner, urban planner, water/waste water expert and such other persons directly connected with infrastructure development be increased.

Not Applicable.

9 Clause 2.1.1

Category A – Master planning and Basic Infrastructure Development

Kindly clarify what aspects of scope are covered under conceptual design and what are covered under detailed design. Also, please re-clarify areas for the same and what specific portion of the site to be considered for the 5000 acres. The requirement is for detailed master plan of about 5000 acres. Necessary provision in the contract be kindly built wherein if during execution of services, if such requirement increases by more than 2%, the client will suitably increase the fee in agreement with the consultant. Kindly clarify the area for detailed design. Is this limited to Phase I area as above. It is expected that for any external connectivity or trunk infrastructure requirements or linkages the scope is limited to identification of those projects and any survey, detailed assessment or engineering design will be undertaken separately and not part of this scope. Kindly confirm.

Refer Clause 3.2.2 of Schedule I – Terms of Reference of the RFP document. Refer Clauses 2.6 and 6.5 of draft Agreement. Yes. Refer Clause 3.2.2.9 (b) of RFP.

10 Clause 3.2.2.6 Preparation of Conceptual Plan At what stage of the project is the client expecting that they would begin the process of obtaining environmental approval for the project? How is that being considered in the schedule?

The Authority has already appointed Environmental Protection Training and Research institute (EPTRI) for conducting EIA Study & obtaining Environmental Clearance (EC) for the project.



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11 Clause 3.2.5.1 Stage 6 : Construction Stage Kindly specify clearly the roles and responsibilities of the consultant in respect to TSIIC. As per RFP it appears TSIIC will manage the entire implementation and as such it should not be expected from the consultant to “ensure that the project proceeds generally in accordance with the conditions of the work contract”. If the role is limited to design support during construction, it is strongly suggested the contractor be asked to seek such clarifications within 2 months of LOA. Based on the recent industry experience with NHAI and DMICDC, many large projects including infrastructure for industrial townships are being let out on EPC basis. The client should consider such model which will allow faster implementation and more certainty in costs. The client can then use their own team to manage such contracts, which hopefully then should not require large construction supervision and design support teams. The design requirement in this contract can then be limited to preliminary design.

Refer Clause 3.10.6 of RFP. RFP Clause holds good.

12 Clause 3.2.5.2 The additional or revised working drawings that may be required during construction stage shall be furnished by the Consultants.

Additional or revised working drawings by the contractor can be for several reasons. It can be due to master plan changes or any external or construction requirement that is met on the ground. It also depends on the contractor’s capability. Industry experience suggests contractors keep asking for more and more design or drawing details which allow them to claim delays later. It is proposed that either the client appoints a PMC consultant to manage this on a day to day basis or obtain the service through the design consultant on a time charge basis.

If any change constitutes additional work, it will be dealt as per the clause 6.5 of Draft Agreement. A Project Management Cell is being established by the Authority for overall project coordination and Management.

13 Clause 3.2.6.1 Stage 7: Completion stage: On completion of the project the consultant will prepare and submit five sets of all as built drawings along with one set of reproduction prints and a soft copy of the building and services of each site.

As built drawings along with commissioning and testing etc. type of activities are typically in the scope of the contractor and as such it is suggested that this be deleted from the scope of the consultant. TSIIC site team will be in the best position to verify such

As Built drawings furnished by the contractor shall be verified by the Consultant and finalise with Contractor for submission to the Authority.



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drawings. This stage to be removed from the consultant scope.

14 Clause 3.2.6.1 The Consultants should prepare and provide operation & maintenance manuals for the buildings and all services as per standard practice.

The standard practice is for the contractor to provide operation and maintenance manuals based on vendor supplied items and based on operating parameters of the equipment and commissioning procedures. Hence it is requested that this be removed from the consultant’s scope.

Operation and Maintenance Manuals furnished by the contractor shall be verified by the Consultant and finalise with Contractor for submission to the Authority.

15 Clause 3.2.7 Schedule The proposed schedule is aggressive and provides very limited time to the consultant to carry out all of the activities mentioned in the scope of works. For example, detailed topographic survey alone for the said area is likely to take 2 to 3 months. Time for Market analysis and survey will also need to be factored in. Kindly clarify the intent of the client on the format of tender as Item rate or EPC (lump sum) etc. Scheduling of design and tendering activities will depend on this decision. 6 months from LOA is grossly insufficient to complete design and full construction documents and we would request the client to relook at the schedule. Kindly clarify if EIA has been obtained for the project and if not how is the schedule for EIA (which would include atleast 1 season monitoring) factored into the time schedule from LOA to tender and construction stage. We would also request you to factor in the time within the schedule that would be needed for internal approvals and approvals from stakeholders. Based on our industry experience to complete master plan and detailed design for Phase I will typically require about 16-18 months to deliver. Request you to kindly consider the Stage 5 will be completed by 16 months and the other timelines be adjusted

Refer Clause 3.2.2.2 of Schedule I - Terms of Reference of the RFP. As per Schedule I of the RFP, the Authority intends to implement Category A and B project components on Item rate basis, while Category C project components shall be under EPC/PPP mode. RFP Clause holds good. Refer clarification given at Sl.No. (10) of this document. The project is the high priority project of the Government of Telangana and the Authority shall accord necessary approvals on best effort basis.



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accordingly.

16 Clause 3.2.8.4 Payment terms : The consultant shall raise the invoices for each of the aforementioned deliverable/stage upon completion and approval by the Authority thereof.

It is requested that payment terms be modified to allow consultants to raise invoice after submission of deliverables and atleast 60% payment for that particular stage on submission of the deliverable pending approval. Since the schedule indicates that this is a fast track project, getting necessary approvals within a fixed duration of 2 weeks would be critical to proceed on to subsequent stages of work. Kind request to add such time limitation to approvals within the payment terms and schedule. It is requested to modify the payment schedule to include 10% payment on submission of the inception report. Further, about 25% of the consultant’s payment on the project is dependent on factors outside the control of the consultant (client’s decision to float and award tenders – and contractor’s timely performance). We would request that the clients consider payments for Stage 6 and Stage 7 on a time-charge basis based on fixed hourly rates for personnel provided by the consultant which would be billed on a monthly basis.

RFP Clause holds good. Refer clarification given at Sl.No. (15) of this document. Not Considered. RFP Clause holds good.

17 Clause 3.3

Category B: Planning and Detailed Engineering Design of Common/Support infrastructure:

Category B consists of architectural design services for support facilities including laboratory facilities of about 40,000 sq.mts. included within about 1.1 million sft of building space as township facilities. Architectural practice within the country is regulated by the council of Architecture and the Architect’s Act 1972 which limits international firms from practicing architecture. Separate process and permissions from relevant ministry would be needed to secure such approvals. Without this clarity, it puts the entire contract at risk for the client and consultant if

The Authority expects that the Consultant shall have prior similar project experience in dealing this kind of complex projects and accordingly factor such requirements in their bid.



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entered into. Lastly, the design of lab facilities is a complex task requiring establishment of design requirements and scope clarity. Unless this is established, putting a fee proposal for any consultant would become difficult. All of the above amounts to a substantial scope with its own complexity that possibly merits a separate RFP with a complete development program stated clearly, which would be available around draft/final master plan stage. Hence our suggestion and request would be to take this into consideration and delete Category B from the scope.

18 Clause 3.4

Category C: Planning, Preparing Design Base, Scrutiny of Developer’s/ Contractor’s Designs for Support Infrastructure (PPP/EPC)

After the completion of preliminary design, the RFP requires the consultant to stay on board until the implementation of the project through the EPC/PPP mode. PPP contracts are complex and require assessment of market requirements, regulatory provisions, special approvals, appetite of industry and financial institution to lend on such vehicles. These in particular are likely to require the appointment of a transaction advisor. Without a master plan and design of preliminary infrastructure work this portion of the scope has several unknowns that create uncertainty about the scale and scope of the CETP, solid waste and such other facilities. It is our suggestion that this part of the scope and the appointment of a separate transaction advisor for PPP portions of the project be separated out and taken up at a later time under modified conditions that refer to specific requirements of PPP projects identified by the master plan. Our suggestion and request would be to take this into consideration and delete Category C from this scope.

Refer Clause 3.4.2 of Schedule I – Terms of Reference of RFP.

19 Clause 3.6.1

Urban and Regional Planner shall be the leader of the Consultancy team

There is a separate position identified for this position. A Team Leader could be either an Engineer or another Urban and Regional Planner. Kindly clarify.

It is clarified that Team Leader and Urban & Regional Planner are two separate positions and the Educational Qualification shall be as mentioned in Clause 2.2.2 (E) of RFP.

20 Clause 3.10.5

The Consultants must have the authority of TSIIC before initiating any stage of his duties

We feel this will impact the timely delivery of the project. We request the client to clarify the need for this.




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21 Clause 3.10.6

However not-with-standing anything contained above, the liability of the Consultants shall extend up to the period for which the contractor’s (engaged by the Authority) liability for the works continues, at the option of the Authority and the same shall be intimated before the expiry of the period mentioned in this agreement.

This leave the liability open ended for the consultant. It is suggested this be limited to maximum 2 years from the completion of Stage 5.


22 Clause 4.4 Substitution of Key Personnel Such substitution shall be limited to not more than two Key Personnel subject to equally or better qualified and experienced personnel being provided to the satisfaction of the Authority.

Under current market this sometimes becomes difficult to manage. It is requested this limit be increased to 3 Key personnel.

Considered.

23 Clause 3.4.3 Limitation of Liability To add as underlined; and to delete as shown in strikeout: (i) Line 1: replace “negligence” with “fraud”; (ii) Line 5 Point (i): add to the end: “including loss of profit or revenue.”


24 Clause 3.4.4 Limitation of Liability Line 2: to add as underlined: “.. caused by the negligence of the Consultant .. “


25 Clause 3.5.1(d)

Second line: to replace “beneficiary” with “certificate holder.”


26 Clause 3.12 Accuracy of Documents The Consultant shall be responsible for accuracy of the data collected by it directly or procured from other agencies/authorities, the designs, drawings, estimates and all other details prepared by it as part of these services.

The consultant should not be held responsible for the data provided by other agencies. Kindly amend this clause.

To add as underlined: “Client shall supply to Consultant, in a timely manner, all necessary and relevant data and information necessary for the Consultant to progress and complete the Contract. Consultant shall be entitled to rely on the accuracy and completeness of such data and information.”


27 Clause 7.1.1 Performance Security A Performance Security of 10% is high. This should be kindly reduced to 5%.


28 Clause 7.2 Liquidated Damages The limits under Liquidated Damages be kindly limited to 5%. It is difficult for consultants to absorb the risk of consequential damages hence that be included in all contract clauses including clause including 7.2.1.




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29 Clause 3.2.2 Conflict of Interest To add as underlined: “ ..shall not apply for any project resulting from or closely related to the Services for the period for two years for any project where the Consultant have non-public information obtained during the execution of the Services which gives the Consultant an unfair competitive advantage……”

Not Considered.

30 Clause 3.2.3 Conflict of Interest To add as underlined: “during the term of this Contract, any business or professional activities which would conflict with the activities assigned to them affect the Consultant’s capacity to render impartial, technically sound, objective assistance and advice under this Contract;” and


31 New Clause: (Government approvals.) To add as underlined: “Client shall, at its expense, obtain all approvals, authorities, licences and permits which are required from governmental, municipal or other responsible authorities for the lawful implementation and completion of the project.”

Yes. But the Consultant shall provide all necessary assistance for obtaining such approvals/clearances.

32

New clause:

(Payment for variations.)

To add underlined: “The Parties agree that if there is a change in the scope, timing or order the Services, including delays of approvals by third party beyond the time allowed for in the programme, then to the extent such change has not been caused by a breach of this Contract by the Consultant, the Consultant shall be entitled to additional payment of an amount which is agreed between the parties in advance to cover losses, expenses and costs incurred and which is reasonable under the circumstances.”

Not Considered. Also refer Clauses 2.6 and 6.5 of the Draft Agreement.

33 We would like to know whether we as a Foreign company located in China can participate in the above RFP ?

Yes.

34 We would to know whether we can make Consortium partnership with another Chinese company to provide the Consultancy for preparation of Integrated Master Plan and Detail engineering designs for Hyderabad Pharma City project ?

Yes.

35 If Consortium partnership with another Chinese Consortium Partner can be either Indian or Foreign consulting



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company is not permitted, can we submit our Bid with Consortium partnership with an Indian company?

firm.

36 In case of Consortium partnership with Chinese company or an Indian company, we would like to know the percentage of sharing of the Eligibility criteria as mentioned in the above mentioned RFP.

The revised Clause 2.1.1 of RFP is as follows:

In case an Applicant firm possesses the requisite experience and capabilities required for undertaking the Consultancy, it may participate in the Selection Process either individually (the “Sole Firm”) or as Lead member of a consortium of firms(the “Lead Member”) in response to this invitation. The term Applicant (the “Applicant”) means the Sole Firm or Lead Member, as the case may be. The maximum number of members allowed in a consortium is Three (3) including Lead member (who shall have atleast 51% stake in the project), Consortium member / Associate.

The bidder either, the single entity or any member in case of Consortium should not be a member of any other consortium submitting the Bids.

There shall not be any change in composition of Consortium under normal circumstances during bidding process. However, under special circumstances, substitution may be considered only once for Consortium member / Associate only with the approval of the Authority. The decision either to approve or disapprove such substitution shall be final and binding on the bidder.

The Lead Member of the Consortium shall meet the minimum Eligibility Criteria specified under Clause 2.2.2 (A), (B) and (C) of the RFP.

Proposal to be signed by the Lead Member of Consortium.

37 Clause 2.11 Consortium Members Considering the project magnitude, TSIIC Is requested to allow a three member consortium. Refer Clarification at Sl.No. (36) of this document.

38 Clause 2.2.2 Technical Capacity TSIIC is requested to amend the Technical Capacity as follows:

1. Experience of Detailed Master Planning and

Considered.



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Infrastructure Planning of Greenfield Industrial Park / SEZ /Industrial Estate projects of 2000 Acres or above in a single project along with planning and design of Common/support facilities.

2. Experience in Design of at least built up area of at least One (1) million Sf in a Greenfield Industrial Park / SEZ / Industrial Estate/ Commercial Projects.

39 Clause 3.1.2 Scoring Criteria , S.No 1 TSIIC is requested to provide the breakup of 25 marks to be allotted for Presentation on Preliminary Concept Master Plan and Approach and Methodology.

Marks shall be awarded relatively taking into account of overall presentation covering Concept Master Plan and Approach and Methodology.

40 Clause 3.1.2 Scoring Criteria , S.No 2B The approach for planning a Pharma park is more or less same for a Chemical and Petrochemical parks, therefore TSIIC is requested to consider experience in Chemicals / petrochemicals sector along with Pharma sector for awarding marks under item 2B.

Further it is also requested that the experience in chemicals / petrochemicals project is also considered under Special Assignments.

Not Considered.

41 Clause 3.2.8.4 Payment Schedule The payment schedule defined in the RFP will result in negative cash flow to the consultants as the payments are linked to the approvals, which are time taking process. It is hereby requested to modify the payment terms as requested below:

S.No As per RFP Revision requested

1 Inception Report `--Nil

Inception Report `--5%

2 On submission and approval of services under Stage 1 - 15%

On submission of services under Stage 1 - 15%

3 On submission and approval of services

It is requested to subdivide this stage as




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under Stage 2 -25% indicated below

On submission of Draft Master Plan – 15%

On Submission of Final master plan and approval by Authority – 5%

4 On submission and approval of services under Stage 3- 5%

On submission of services under Stage 3 -5%

5 On submission and approval of services under Stage 4

25%

It is requested to subdivide this stage as indicated below

On submission of Basic Infrastructure Planning and Designs – 20%

On Approval of Basic Infrastructure Planning and Designs – 05%%


It is requested to subdivide this stage as indicated below

80% of the amount to be paid on Submission

Balance 20% of the amount to be paid on approval


It is requested that the 20% of the amount under this



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stage shall be paid on monthly basis.


On submission and approval of services under Stage - 5%

42 Clause 1.8 Schedule of selection process… Considering the project scale and specific requirements of the RFP for desired project references, scope of work and time for compilation of information from global offices, request you to increase the bid submission timelines by at least 3-4 weeks

Refer Clarification at Sl. No.(1) of this document.

43 Clause 2.1.1 The maximum number of members allowed in a consortium is Two (2) including Lead member, Consortium member / Associate. The manner in which the Proposal is required to be submitted, evaluated and accepted is explained in this RFP.

Request if the number of Consortium members is increased to three (3)


44 Clause 2.2.2` To be eligible for evaluation of its Proposal, the Applicant shall fulfil the following: (A) Technical Capacity: The Applicant shall have, over the past 10(Ten) years preceding the PDD, undertaken a minimum of 1 (one) Eligible Assignments as specified in Clause 2.2.2 (B). (B) Eligible Assignments: For the purposes of determining Conditions of Eligibility and for the evaluating the Proposals under this RFP, the following projects shall be deemed as eligible assignments (the “Eligible Assignments”) Experience of Detailed Master Planning and Infrastructure Planning of Greenfield Industrial Park / SEZ /Industrial Estate projects of 2000 Acres or above in a single project along with planning and design of common/support facilities with built up area of at least One (1) million s.ft.

Request if the minimum land size of project is decreased to 500 acres and the built up decreased to 0.5 million square feet.

Not Considered.

Refer Clarification at Sl. No. (38) of this document.

45 Clause 2.28 Execution of Agreement After acknowledgement of the LOA as aforesaid by the Selected Applicant, it shall execute the Agreement and provide irrevocable Bank Guarantee for Performance

Request if the Bank guarantee for Performance Security be made 5% (Five Percent) of the agreed professional fee.

The revised clause 2.28 is as follows: After acknowledgement of the LOA as aforesaid by the Selected Applicant, it shall execute the Agreement within 15



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Security within the period prescribed in Clause 2.20. The irrevocable Bank guarantee for Performance Security shall be 10% (Ten Percent) of the agreed professional fee.

days. However, the Performance Security shall be applicable as per Clause 7.1 of the Draft Agreement.

46 Clause 3.1.2 The scoring criteria to be used for evaluation shall be as follows: Presentation on Preliminary Concept Master Plan, Approach & Methodology. Marks shall be awarded based on the quality of approach and methodology proposed by the Applicant and their Presentation of the Preliminary Concept Master Plan.

It is expected of the Consultant to prepare a Preliminary Concept Master plan at the bidding stage. This may not be possible with limited data availability on the site and available services. Please re-consider.


47 Clause 3.1.2 Master planning and Infrastructure planning for Eligible Projects 2a. Master planning and Infrastructure planning for Eligible Projects. 3 (three) marks for each Eligible Assignment, upto a maximum of Fifteen (15) marks.

Request if the size of each is reduced to a minimum of 500 acres as against 2000 acres.

Not Considered. Also refer Clarification at Sl. No. (38) of this document.

48 Clause 3.1.2 Master planning and Infrastructure planning for Eligible Projects 2b. Master planning experience in Eligible Projects with Pharma sector as a component with an area at least 500 acres

Request if these could be any type of industrial city as against particularly Pharma city.

RFP Condition holds good.

49 Clause 3.1.2 3. Relevant Experience of the key personnel. The CVs the staff members qualifying minimum criteria shall be evaluated as per following A. General Qualification: (20%) A1. Education (10%) A2. Professional Experience (10%) B. Adequacy for the Assignment: Project related (65%) B1 Experience of Eligible Assignment (25%) B2 Experience of Special Assignment2 (25%)

Request if experience in B2 could be any type of industrial city as against particularly Pharma sector


50 Clause 3.2.7 Schedule of Services for Category A .......... Stage 5 tasks : Cost estimates and technical specifications D+8 Stage 6 tasks : Construction stage D+18 Stage 7 tasks : Completion stage D+20

It is assumed that the time units are months. Please confirm. Also it is requested to review the timelines for all Stages especially Stage 5 & 6 as they appear to be very short with regards the overall size of the project

RFP Condition holds good. Further It is clarified that the time units mentioned in the Clause 3.2.7 are “Months”.

51 Clause 3.2.8.4 TSIIC shall make payment to the Consultant based on the following payment schedule. S. Payment Milestone % of Fee for

It is requested to review the payment % for all Stages especially Stage 2 & 3 which appear to be on the lower side with regards the overall input required




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No. Category A 1 Inception Report Nil


15%


25%


5%


25%


5%


20%


5%

from the Consultants side. Also request that mobilisation advance be considered

52 Clause 3.3.13.2 The consultants shall arrange proof checking of designs at their cost by any IIT or Tor Steel Research Foundation or an agency approved by the Authority and shall furnish a report/certificate of proof checking from them.

It is requested that the Organisation is directly contracted by Client and also cost of proof-checking is borne by client. It is understood that the Consultant will assist in furnishing all of requisite data and detail.


53 Clause 3.3.17.2 Schedule for completion of tasks. The time fixed for completion of services up to stage – 4 shall be three months.

Request if this timeline is made 6 months considering coordination of different disciplines, proof checking from IIT and approvals from client.

The revised time fixed for completion of services up to stage – 4 shall be four months from the date of approval of Final Master Plan.

54 Clause 3.3.18 Remuneration 3.3.18.1 For rendering the above services, the Authority shall pay the fee at _________ % (plus service tax as applicable) (As per financial bid quoted

The estimated plinth base rate considered at 1000 Rs/ square feet is very low considering the material specifications mentioned in the RFP. Request to review the rate and increase suitably.

It is clarified that the fee worked out at plinth area estimate at Rs 1000/sft is only for making payments in initial stages.



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by the selected consultant for services under Category B) on the total actual executed cost of the project components including external developmental works. The above fee shall be worked out initially on the plinth area estimates / estimated cost at a rate of Rs.1000/Sqft. The plinth area estimates shall also form basis of payment in the event of non-execution of work or termination of consultancy prior to commencement of work or termination of contract.

55 Clause 3.3.19 MODE OF PAYMENT: 3.3.19.1The payments shall be made in the form of crossed cheque in favour of the Consultants: Stage – I On receipt and approval of Services as per Stage I

10% of the fees for Category B

Stage – II On receipt and approval of Services as per Stage II


Stage – III On receipt and approval of Services as per Stage III


Stage – IV On receipt and approval of Services as per Stage IV


Stage – V On receipt and approval of Services as per Stage V


Stage – VI On receipt and approval of Services as per Stage VI


It is requested to review the payment % for all Stages especially Stage 3 & 4 which appear to be on the lower side with regards the overall input required from the Consultants side as 90% inputs of Consultant’s work would be completed by Stage 4.


56 Clause 3.4.8.1 MODE OF PAYMENT: 3.4.8.1 For each of the services in the scope of services the Consultant shall be paid in the following stages consistent with the work done as agreed upon. Payments made to the consultant are on account and shall be adjusted against the final fee payable. The payments shall be made in the form of crossed cheque

It is requested to review the payment % for all Stages especially Stage 2 which appears to be on the lower side with regards the overall input required from the Consultants side as 90% inputs of Consultant’s work would be completed by Stage 2.




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in favour of the Consultants Stage – I On receipt and approval of Services as per Stage I

20% of the fees for Category C

Stage – II On receipt and approval of Services as per Stage II


Stage – III On receipt and approval of Services as per Stage III


Stage – IV On receipt and approval of Services as per Stage VI


57 Clause 7 LIQUIDATED DAMAGES AND PENALTIES 7.1 Performance Security 7.1.1 The Authority shall retain by way of performance security (the “Performance Security”), 10% (Ten per cent) of all the amounts due and payable to the Consultant, to be appropriated against breach of this Agreement or for recovery of liquidated damages as specified in Clause 7.2…… 7.2.2 Liquidated Damages for delay In case of delay in completion of Services, liquidated damages not exceeding an amount equal to 0.2% (zero point two per cent) of the Agreement Value per day, subject to a maximum of 10% (ten per cent) of the Agreement Value will be imposed and shall be recovered by appropriation from the Performance Security or otherwise. However, in case of delay due to reasons beyond the control of the Consultant, suitable extension of time shall be granted.

Request if the % for Performance Security is capped as 5% considering the scale of the project. Request if the % for penalty is capped at 5%, considering the scale of the project.

RFP Condition holds good. RFP Condition holds good.

58 Clause 3.4.4 This limitation of liability specified in Clause 3.4.3 shall not affect the Consultant’s liability, if any, for damage to Third Parties caused by the Consultant or any person or firm acting on behalf of the Consultant in carrying out the Services subject, However, to a limit

Considering the projects scale it is requested if the Consultant’s liability, if any, for damage to Third Parties caused by the Consultant or any person or firm acting on behalf of the Consultant in carrying out the Services subject, is capped to a maximum of the

Not Considered.



pg. 18


equal to 3 (three) times the Agreement Value. Agreement Value of the Contract. 59 Clause 2.1.1 Scope of Proposal

The maximum number of members allowed in a consortium is Two (2) including Lead member, Consortium member / Associate.

Considering the diversity of team required (engineers, planners, infrastructure specialists architects, market expert, sector expert etc.,) and the broad scope of work involving tasks preparation of master plan with a viable product mix, infrastructure plan cost estimation, detailed engineering, it is requested that the a consortium of three (3) partners who would contribute in their respective domains of expertise be allowed to participate.


60 Clause 1.8 Schedule of Selection Process Proposal Due Date (PDD) & Time: 28-09-2016

In view of the documentation required for the submission of the bid, it is requested that the PDD be extended by at least two (2) weeks to enable bidders to comply with the full requirements as per the RFP.


61 Clause 1.5.1 Bid Validity We request you to revise bid validity period from 180 days to 90 days

Not Considered.

62 Clause 1.8 Concept Design as part of selection process We request you to remove the requirement of submission of concept design as part of the bid submission and also part of the evaluation. Developing concept design involves lot of efforts in terms of costs and time and therefore we would like to suggest to include Concept Design as part of the assignment on award of work and not at a time when the firms are not even pre-qualified.


63 Clause 1.8 Last date of queries We request you to consider queries after site visit as well.

Not Considered.

64 Clause 1.8 Submission Date Considering the complexity of the project and in order to make a comprehensive proposal, we request to extend the submission date by atleast 2 weeks.


65 Clause 1.10 Pre-Proposal Site Visit We request to arrange a guided site visit that would help understand the project and your vision.

Yes. The Authority will facilitate a Site Visit for the prospective

bidders on 23-09-2016 at 11:00 hours IST.

66 Clause 2.2 Eligibility of Applicants We trust you will allow to use credentials of Group companies and it will be considered as eligible for evaluation.

Same is permitted subject to submission of supporting

commitment letter from the Holding Company of the Group

for extending all necessary support to the bidding group

company to deliver services for this project.

67 Clause 2.1.1 Field Surveys and Investigations We request you to take out all the field surveys from the scope of work of consultants. Instead these




pg. 19


surveys could be carried out under a direct and separate contract between you and survey agencies. Consultant can co-ordinate and facilitate the surveys.

68 Clause 3.2.8.4 Payment Schedule We request you to amend the payment schedule to have a positive cash flow. Please consider 10% advance, 20% on concept Master plan, and reduce the fee at construction stage to 5%. We would also like to suggest part payment upto 50% on submission of the deliverables.


69 Clause 3.3.17.1 &

Clause 3.10.6

The assignment period shall extend upto the period for which the contractors’ (appointed by the Authority) liability for the work continues

We request you to de-link this assignment with another contract that you will have with the contractors and remove the contractor’s liability period from the assignment period


70 Clause 3.5 Insurance We suggest to remove the clause that says the Authority to be named as the beneficiary of the insurance policies. We would produce a certificate indicating adequate insurance cover that is proportionate to the fee.


71 Clause 7.2.1 Liquidated Damages for error/variation We request you to remove the penalty. Not Considered.

72 Clause 7.2.2 Liquidated Damages for Delays We request you to remove these liquidated damages. Not Considered.

73 Point 5 of Joint Bidding Agreement

Joint and several liability We request you to consider liability proportionate to the share of the individual members in the consortium team and remove Joint and several liability requirement for the consortium / JV


74 Clause 2.2.2 E Conditions of Eligibility for key personnel – Team Leader

Please modify the clause as: Team Leader - shall be from any member of consortium

Not Considered.

75 Clause 2.2.2 E Conditions of Eligibility for key personnel 1. Team Leader 2. Urban and Regional Planner

Length of professional experience is 15 years.

Please modify the clause as: Length of Professional experience is 12 years.


76 Clause 3.1.2 (3) CV Evaluation: D. Association with the firm (10%) D1.Years of Association >3 years and upto 5 years –3% D2. Years of Association: 5 years to 10 years – 5% D3. Years of Association > 10 years – 10%

Please modify the clause as: D. Association with the firm (10%) D1.Years of Association: below 1 year –3% D2. Years of Association: 1 to 2 years – 5% D3. Years of Association: 2 years and above – 10%




pg. 20


77 Clause 3.1.2 (3) Note: 2

Special assignment refers to eligible project having Pharma sector as component with an area of 500 acres or more

Please remove this clause to below experts: Infrastructure Planning Expert, Environmental Expert, Water/Waste Water Expert, Urban Design Expert, Transportation Expert, Architect, landscape Architect, GIS Expert, Marketing Expert and Civil Engineer.

Not Considered.

78 Clause 3.1.2 (3) B1: Experience in Eligible Assignment Experience of Detailed Master Planning and Infrastructure Planning of Industrial park/SEZ/Industrial Estate projects of 2000 acres or above in a single project along with planning and design of support facilities.

Please modify eligible assignment as: Experience of Detailed Master Planning and Infrastructure Planning of Industrial park/SEZ/Industrial Estate projects of 1000 acres or above in a single project along with planning and design of support facilities.



We would like to request you to kindly extend the proposal submission date by atleast one month i.e. upto 28th October, 2016.



Is there any extension in due date to submit the proposal?


81 Clause 3.1.2 The scoring criteria to be used for evaluation shall be as follows: Presentation on Preliminary Concept Master Plan, Approach & Methodology. Marks shall be awarded based on the quality of approach and methodology proposed by the Applicant and their Presentation of the Preliminary Concept Master Plan.

Do we need to present concept design, approach & methodology on Sept 29, 2016, or you will shortlist first based on technical documents and call for concept design presentation


82 When will you upload the minutes of meeting of pre-bid held on Sept 14, 2016.

Since uploaded.

83 Clause 2.2.2 B Experience of Detailed Master Planning and Infrastructure Planning of Greenfield Industrial Park / SEZ /Industrial Estate projects of 2000 Acres or above in a single project along with planning and design of common/support facilities with built up area of at least One (1) million sq ft.

We propose the above clause be modified from 2000 acre to 450 acres and above and the total built up area to be one million sft instead of the common / support facilities being one million sq ft.


84 Clause 2.1.1 The term Applicant (the “Applicant”) means the Sole Firm or Lead Member, as the case may be. The maximum number of members allowed in a consortium is Two (2) including Lead member,

We request to extend the maximum number of members in consortium from Two to Three including the Lead Member.




pg. 21


Consortium member / Associate. 85 Clause 2.2.1 To be eligible for evaluation of its Proposal, the

Applicant shall fulfil the following: (A) Technical Capacity: The Applicant shall have, over the past 10(Ten) years preceding the PDD, undertaken a minimum of 1 (one) Eligible Assignments as specified in Clause 2.2.2 (B). (B) Eligible Assignments: For the purposes of determining Conditions of Eligibility and for the evaluating the Proposals under this RFP, following projects shall be deemed as eligible assignments (the “Eligible Assignments”) Experience of Detailed Master Planning and Infrastructure Planning of Greenfield Industrial Park / SEZ /Industrial Estate projects of 2000 Acres or above in a single project along with planning and design of Common/support facilities with built up area of at least One (1) million sft.

(B). We understand global experience will also be considered. Also 100% subsidiary company can use parent company experience to qualify. Also we request to consider experience of Green Field Power Plant, Refinery etc as qualifying requirement. Because that also requires extensive planning, environmental clearance, Industrial design etc which is similar to Industrial Park designs. Actually it is better than Industrial Park design many times.


Not Considered.

86 Clause 2.6 Visit to the Authority and verification of information Applicants are encouraged to submit their respective Proposals after visiting the office of TSIIC and ascertaining for themselves the availability of documents and other data, applicable laws and regulations or any other matter considered relevant by them.

For better information sharing and competitive bidding, we request you to upload all the relevant data and documents so that all the bidders have same level of information. If required bidders can make site visit for better understanding.



87 Clause 3.1.3 Eligible Assignments Experience of Detailed Master Planning and Infrastructure Planning of Industrial Park / SEZ / Industrial Estate projects of 2000 Acres or above in a single project along with planning and design of support facilities with built up area of atleast 1 (one) million sft

Also we request to consider experience of Green Field Power Plant, Refinery etc as qualifying requirement. Because that also requires extensive planning, environmental clearance, essential supplies, STP , Water Treatment, Security and Safety, Industrial design etc which is similar to Industrial Park designs. Actually it is better than Industrial Park design many times.

Not Considered.

88 Clause 3.2.2.9 The consultant shall coordinate with the concerned line Departments of the Government of Telangana, Client and also take inputs from Industry Associations (s) while assessing the external infrastructure linkages

We expect for coordination with other department Steering Committee will be formed with member from major supporting departments/external departments so that single window clearance can be

The Government of Telangana has already constituted a Special Task Force Committee.



pg. 22


for the project. The broad design basis for the proposed external linkages shall be prepared and submitted along with block estimate of cost. The detailed designs, engineering drawings for execution (GFC), BoQs, Detailed Estimates, Technical specifications shall be got prepared by the concerned line department. The Consultant shall effectively coordinate /assist the Authority in getting the external infrastructure done by the concerned line department

granted. Else coordinating with multiple government agencies is a very tough and demanding task for a consultant.

89 Clause 3.2.8.4 TSIIC shall make payment to the Consultant based on the following payment schedule.

We request to modify the payment terms 10% advance (Mobilization advance) along with LoA. We request to define the approval days from date of document submission. In case there is delay in approval on account of customer side within stipulated time the payment will be released.


90 Clause 3.3.5.1 Preparation of structural analysis, designs & drawings i.e. foundation detail plans, plans indicating details of columns, beams, slabs, stair cases, and other structural components requiring detailing, all reinforcement details, structural calculations/analysis and all relevant details necessary for proper execution of the work. The structural drawings shall be got proof checked by any IIT or ToR steel research foundation or an agency approved by the Authority

We understand all third party fess like Environment clearance, Structural design check from IIT or ToR, Legal and Statutory charges shall be paid by customer on actual. That should not be the part of commercial/price offer submitted. Pl clarify

Refer Clarifications at Sl. No. (10) & (52) of this document.

Legal and Statutory charges, if any in connection with this

project shall be borne by the Authority.

91 Clause 3.4.4 This limitation of liability specified in Clause 3.4.3 shall not affect the Consultant’s liability, if any, for damage to Third Parties caused by the Consultant or any person or firm acting on behalf of the Consultant in carrying out the Services subject, however, to a limit equal to 3 (three) times the agreement value.

We request to make maximum liability to a limit equal to the agreement value, instead of three (3) times the agreement Value.

Not Considered.

92 Clause 7.2.2 Liquidated Damages for delay In case of delay in completion of Services, liquidated damages not exceeding an amount equal to 0.2% (zero point two per cent) of the Agreement Value per day, subject to a maximum of 10% (ten per cent) of the Agreement Value will be imposed and shall be recovered by appropriation from the Performance

We request, Liquidated Damages for delay In case of delay in completion of Services, liquidated damages not exceeding an amount equal to 0.5% (zero point two per cent) of the Agreement Value per week, subject to a maximum of 5% (ten per cent) of the Agreement Value will be imposed and shall be recovered by appropriation from the Performance




pg. 23


Security or otherwise. However, in case of delay due to reasons beyond the control of the Consultant, suitable extension of time shall be granted.

Security or otherwise. However, in case of delay due to reasons beyond the control of the Consultant, suitable extension of time shall be granted.

93 Clause 2.2.1 E) Condition of Eligibility of key personnel We request you to modify the definition of “Eligible Assignment” as “Experience of Detailed Master Planning and Infrastructure Planning of Green Field Industrial Park/SEZ/ Industrial Estate/Power Plant/ Refinery project of 500Acres or above in a Single Project.”


94 Clause 3.11.1 of Schedule I

Completion of Services All the Deliverables shall be compiled, classified and submitted by the Consultant to the Authority in soft form, to the extent possible. The documents comprising the Deliverables shall remain the property of the Authority and shall not be used by the Consultant for any purpose other than that intended under these Terms of Reference without the permission of the Authority. The Consultancy shall stand completed on acceptance by the Authority of all the Deliverables of the Consultant. Unless completed earlier, the Services shall be deemed completed and finally accepted by the Authority and the final Deliverable shall be deemed approved by the Authority as satisfactory upon expiry of 60 (sixty) days after receipt of the final Deliverable unless the Authority, within such 60 (sixty) day period, gives written notice to the Consultant specifying in detail, the deficiencies in the Services. The Consultant shall thereupon promptly make any necessary corrections and/or additions, and upon completion of such corrections or additions, the foregoing process shall be repeated

.......... upon expiry of 90 (ninety) days after receipt of the final Deliverable unless the Authority, within such 90 (ninety) day period,.......

Revised Clause 3.11.1 is as follows: All the Deliverables shall be compiled, classified and submitted by the Consultant to the Authority in soft form, to the extent possible. The documents comprising the Deliverables shall remain the property of the Authority and shall not be used by the Consultant for any purpose other than that intended under these Terms of Reference without the permission of the Authority. The Consultancy shall stand completed on acceptance by the Authority of all the Deliverables of the Consultant. Unless completed earlier, the Services shall be deemed completed and finally accepted by the Authority and the final Deliverable shall be deemed approved by the Authority as satisfactory upon expiry of 90 (ninety) days after receipt of the final Deliverable unless the Authority, within such 90 (ninety) day period, gives written notice to the Consultant specifying in detail, the deficiencies in the Services. The Consultant shall thereupon promptly make any necessary corrections and/or additions, and upon completion of such corrections or additions, the foregoing process shall be repeated

95 Clause 2.4 Of Draft Agreement

Unless terminated earlier pursuant to Clauses 2.3 or 2.9 hereof, this Agreement shall, unless extended by the Parties by mutual consent, expire upon the earlier of (i) expiry of a period of 90 (ninety) days after the delivery of the final deliverable to the Authority; and (ii) the expiry of [1 (one) year] from the Effective Date. Upon Termination, the Authority shall make payments

- Revised Clause 2.4 is as follows: Unless terminated earlier pursuant to Clauses 2.3 or 2.9 hereof, this Agreement shall, unless extended by the Parties by mutual consent, expire upon expiry of a period of 90 (ninety) days after the delivery of the final deliverable to the Authority. Upon Termination, the Authority shall make



pg. 24


of all amounts due to the Consultant hereunder.

payments of all amounts due to the Consultant hereunder.

96 Clause 3.1.2 (2.a)

Scoring Criteria for Evaluation: Master planning and Infrastructure planning for Eligible Projects

1. Experience of Detailed Master Planning and Infrastructure Planning of Greenfield Industrial Park / SEZ /Industrial Estate projects of 2000 Acres or above in a single project along with planning and design of Common/support facilities – Maximum Eight (8) marks

a. Minimum One(1) eligible assignment – Two (2) marks

b. One (1) mark for each additional eligible assignment

2. Experience in Design of at least built up area of at least One (1) million Sf in a Greenfield Industrial Park / SEZ / Industrial Estate/ Commercial Projects - Maximum Seven (7) marks

a. Minimum One(1) eligible assignment – Two (2) marks

b. One (1) mark for each additional eligible assignment

Sd/-

Vice Chairman & Managing Director