Madhya Pradesh Audyogik Kendra Vikas Nigam (Bhopal) · Madhya Pradesh Audyogik Kendra Vikas Nigam...

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Madhya Pradesh Audyogik Kendra Vikas Nigam (Bhopal)

Pre bid Responses [Pre bid meeting held on 12/10/2015 in ref to NIT no 24/2015/16

DEVELOPMENT OF GREENFIELD INDUSTRIAL AREA AT MOHASA (BABAI), DIST HOSHANGABAD UNDER PPP MODE From the following bidders pre bid queries were received:- Date: 28.11.2015

1. Mr. KP Sharma, Managing Director, SEAC Limited, Bhopal 2. Ms. Rachna Telang, CEO, SEAC Limited, Bhopal 3. Mr Jeevan Singh Parmer ,Dilip Buildcon Limited, Bhopal 4. Mr. Sunil Bansal, Managing Director, Bansal Group, Bhopal 5. Mr. Parmod Singh Pundir , Ramky Infrastructure Limited, Bhopal 6. Mr Akhilesh, Mahindra Lifespace Developers Limited, Mumbai

The queries received and the responses to the queries are given in the table below:-

S.N Section/Clause No/Page No.

Point Query Pre bid Response/Clarification Reasons for Acceptance/Non Acceptance

Queries by SEAC Limited Bhopal 1. Volume-1

[RFQ cum RFP] Section 1- Clause 1.3- Schedule of Bidding process Pg No 12

The Authority shall endeavor to adhere to the following schedule:

S.No

Event Description Last Date

Bid Stage 1 Sale of Bid

Documents 22.09.2015

2 Last Date for Receiving of Queries

07.10.2015

3 Pre Application Conference

12.10.2015 at 1100 hrs

4 Authority response to Queries latest by

19.10.2015

5 Tender Purchase 28.10.2015

The successful developer has to, besides submitting performance guarantee and payment of upfront premium of land, raise approx Rs 100 cr as equity and has to make arrangements of loan of Rs 125 cr from banks, in pursuance thereof our bankers are asking more time for appraisal & evaluation of financial viability. We, therefore, request you to extend the time of submission and opening of the bid up to 30/11/2015. We shall also be seeking assistance and support of AKVN for sanction of Bank loan.

Accepted. Please refer to Addendum The last date of submission of bid online has been extended upto 17.12.2015 up to 1730 hrs. Subsequent events time limit also extended accordingly.

It is accepted as the prospective bidders requested for time extension to form JV and to evaluate the financial viability which requires discussion with financial institutions etc

In order to synergize the expertise of other developer with our marketing and development expertise we are in

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[Online] upto 1730 hrs 6 Application Due

Date [Online] 29.10.2015 upto1730 hrs

7 Physical Submission of Technical bids in the office of MPAKVN Bhopal

31.10.2015 upto 1500 hrs

8 Opening of Technical/Bid security etc

31.10.2015 at 1630 hrs

9 Opening of Financial Bid

09.11.2015 at 1500 hrs

the process of formulating the joint venture with one of the leading group, settling down terms and conditions of joint venture agreement may also require some more time.We are also exploring technical feasibility of providing railway siding and supply of additional power, if required, so as to add more value to this project for creating unique selling point (USP) of marketing in competition with the other states and similar projects of M.P. AKVN in the state.

2. Volume 1 [RFQ cum RFP] Section 2- Clause 2.2- Eligibility of the Applicants Page no 17

2.2.2 To be eligible for qualification and short-listing, an Applicant shall fulfill the following conditions of eligibility:

(A) Technical Capacity: For demonstrating technical capacity and experience (the “Technical Capacity”), the Applicant shall, over the past 5 (five) financial years preceding the Application Due Date, have received payments for construction of Eligible Project(s) or has undertaken construction work by itself in a PPP project, such that the sum total thereof is more than Rs. 500 Crore (Rupees Five Hundred Crores) (the “Threshold Technical Capacity”).

Provided that at least one similar work of 50% of estimated project cost shall have been completed from the Eligible Projects in Category 1 and/or category 3 specified in Clause 3.2.1

The bid document stipulates minimum experience of past 5 financial years in PPP/construction project as given in RFQ document. It may kindly be appreciated this is the first project of its kind in MP and among very few in the country, therefore, it may be too narrow to pre qualify only such developers who have experience of developing similar project under PPP mode. We propose to qualify developers / marketers having experience of any type of project with proven marketing abilities. SEAC has been marketing infra projects for last 26 years

Not Accepted Qualifying any type of developers/ marketers having experience in any type of project with proven marketing abilities may not indicate true capability in implementing the Project. Also, the condition based on standard condition of RFQ

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Point Query Pre bid Response/Clarification Reasons for Acceptance/Non Acceptance document by Planning commission/ MORTH. Hence it is not accepted.

3. General Clarification

General clarification Along with other similar projects display of this project may be continued on the website of state govt. and AKVN. In industrial summits and foreign promotions this project should also be included.

Accepted Authority will facilitate marketing of this Project along with their own Project.

This will help developer in attracting Industrial Unit holders and hence accepted.

4. Volume III [DCA]-Annex I Schedule B- Description of Mandatory Project to be developed by the Concessionaire Page no 124

1.12 External Infrastructure provided by MPAKVN (B): MPAKVN (B) is providing offsite infrastructure such as 3.3 Km two lane road, 15 Mld WTP and 10 MVA power supply through 2 No of substations of 33/11 KV. Beyond these requirements, any further requirement shall be borne by the Concessionaire only at his own cost.

The State Govt. may help sanctioning additional power, if required, in future and lay down extra feeder and infrastructure as external development work at the cost and expenses of the State Govt.

Not Accepted.

The Concessionaire is required to borne the cost of infrastructure which is in addition to what is being provided by MPAKVN Bhopal based on the requirement of Industries. MPAKVN Bhopal can facilitate in terms of approvals if desired by Concessionaire. Hence it is not accepted.

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5. Volume III-Annex I Schedule G- Project Completion Schedule , Clause 2 Page no 136

2. The Project Completion Milestones applicable for the Concessionaire are mentioned in the following schedule

S.No

Milestone No

Category of Milestone

Description of Milestone

Time of completion

1 1 Allotment Milestone

Should have allotted at least 10% of the industrial area

Within 1095 days from Appointed Date

1 2 Should have allotted at least 50% of the industrial area

Within 2190 ( days of Appointed Date


Within 3650 days of Appointed Date

The riders and mile stones of marketing of 10% & 50% industrial land respectively within 3 and 6 years appears quite tough and stringent, as in the viability analysis, enclosed to the bid document the sale of industrial land is projected at 5% in the third year (2019) and only 16% of industrial plots are projected to be sold in 6 year up to (2021). These projections are practical and achievable any condition contrary to the projections and leading to fore feature of performance guarantee may jeopardize the financial viability of the venture. We request to reset these mile stones matching to the projections of viability analysis enclosed to the bid document.

Accepted. Looking to the practical aspect and financial viability, it has been accepted as under The revised milestones are as given below:


Time of completion


Within 1095 days [3 years] from Appointed date




Within 3650 days [10 years] of Appointed Date

Please refer to Addendum: Volume III-Annex I Schedule G- Project Completion Schedule , Clause 2

The request can be accepted as the Project is viable as per the financial modeling done and included in the Project Information Memorandum and will help developers in marketing and identify major industrial houses and bring them to this industrial area

6. Volume III [DCA], Article 9, Clause 9.1, Page 38

9.1. Performance Security

The Concessionaire shall, for the performance of its obligations hereunder during the Construction Period, provide to the Authority no later than 180 (one hundred and eighty) days from the date of this

Unlike other infra projects (where performance is determined by physical progress) the performance in this case shall be measured by the mile stones of marketing. With unpredictable market forces and varying demand

Not Accepted

The performance security has been calculated as per the

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Agreement, an irrevocable and unconditional guarantee from a Bank for a sum equivalent to Rs. 12.5 Crores (Rupees Twelve Crore Fifty Lacs only) in the form set forth in Schedule-F (the Performance Security”). Until such time the Performance Security is provided by the Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Authority shall release the Bid Security to the Concessionaire.

from time to time, the performance guarantee of 5% of project cost is too high. We request you to fix it at 2% of the project cost.

standard guidelines issued by DIF MP and hence has not been accepted

7. Volume III [DCA], Article 23, Clause 23.1- Concession Premium and Fee, Page no 68

23.1 Concession Premium

The Grantor, MPAKVN (B) has adopted a transparent bidding process for granting of Concession for development of Greenfield industrial area at Mohasa (Babai). The bid parameter for the Project was highest concession premium. 40% of the quoted Concession Premium of Rs [*insert*] was paid by the preferred bidder as a precondition for signing of this Concession Agreement.

60% of the Concession Premium quoted by the bidder shall be payable to the Authority, MPAKVN (B) as per the timetable given below:

Installment No

Percentage payment of 60% Concession Premium

Time line for payment

1 25% On 1st day of start of 4th year of Appointed

Charging 40% of land premium up front may shrink and exhaust the financial resources of the developer thereby reducing the pace of development and jeopardizing the viability. We, therefore, request to charge the quoted premium in five equal installments from 5th to 10th year which could be as below:

On 1st day of start of

5 year

6 year

7 year

8 yea

r

9 year

10 year

Percentage of quoted and accepted premium

16%

16%

17%

17%

17%

17%

Not Accepted.

Project is viable and does not require any such concessions.

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Date

2 25% On 1st day of start of 5th year of Appointed Date


4 25% On 1st day of start of 77h year of Appointed Date

8. Volume 1

[RFQ cum RFP], Section 1, Invitation for proposal, Clause 1.1.1, Page no 8

The developer is required to develop the entire project area of 679.58 Ha . Out of the entire area, 44.53 Ha (110 acres) is already identified for allotment to M/s Hindustan Coca Cola Limited (HCCL) and the premium for the same shall be collected by MPAKVN (B). The developer will be allotted a total area of 635 Ha (1568.56 acres) after deducting the area of 44.5 Ha (110 acres) identified for M/s HCCL. The developer shall have the right to provide water supply and maintain the area allotted to HCCL and receive charges towards the same, as per the rates decided by concessionaire for the Industrial area.

The revenue generated from the land allotted to Hindustan Coca Cola Limited has been excluded from the revenue of the developer, whereas the development required for the said land is to be carried out by the developer. In order to compensate this extra development work developer should be permitted to collect the premium from HCCL to our account.

Not Accepted By bringing in a reputed industry like HCCL as anchor unit, the Authority has made the project more viable and facilitated the developer in getting auxiliary units in the project area. And hence deserve to collect the premium amount. Further the

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Point Query Pre bid Response/Clarification Reasons for Acceptance/Non Acceptance developer may charge the O&M expense from HCCL.

Query from DILIP BUILDCON LIMITED, BHOPAL

9. RFQ Cum RFP document Section 2- Clause 2.2- Eligibility of the Applicants, Sub Clause 2.2.2 (A), Page no 17

2.2.2 To be eligible for qualification and short-listing, an Applicant shall fulfil the following conditions of eligibility:

(A) Technical Capacity: For demonstrating technical capacity and experience (the “Technical Capacity”), the Applicant shall, over the past 5 (five) financial years preceding the Application Due Date, have received payments for construction of Eligible Project(s) or has undertaken construction work by itself in a PPP project, such that the sum total thereof is more than Rs. 500 Crore (Rupees Five Hundred Crores) (the “Threshold Technical Capacity”).


We request you to modify the last paragraph “Provided that at least one similar work of 50% of estimated project cost shall have been completed from the Eligible Projects in Category 1 and/or category 3 specified in clause 3.2.1” to “Provided that at least one similar work of 50% of estimated project cost shall have been completed from the Eligible Projects in Category 1 and/or category 3 specified in clause 3.2.1 or Category 2 and/or Category 4 specified in Clause 3.2.1”

Accepted The following conditions has been deleted Provided that at least one similar work of 50% of estimated project cost shall have been completed from the Eligible Projects in Category 1 and/or category 3 specified in Clause 3.2.1 The eligibility criteria will be evaluated on the basis of Experience score provided in Clause 3.2.6 of RFQ cum RFP document Volume 1 which is given below:- 3.2.6 For the purpose of assigning of scores to the applicant, the experience shall be measured and stated in terms of the Score (“the Experience Score”). The Experience Score for an Eligible Project in a given category would be the eligible receipts specified in Clause 2.2.2 (A) divided by one crore and then multiplied by the applicable factor in the table 3.2.6 below. In case, the applicant has got experience across

The point has been deleted to increase the participation in Bidding and is as per the Model document of planning commission on PPP project.

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different categories, the score for each category would be computed as above and then aggregated to arrive at its experience score. Factors for Experience across categories Category Factor 1 1 2 0.5 3 1 4 0.5

10. Volume I [RFQ Cum RFP] Section 2- Clause 2.2.3, Page no 17

2.2.3 In case of a Joint Venture, the Threshold Technical Capacity and Financial Capacity of all the Members of Joint Venture would be taken into account for satisfying the above conditions of eligibility. Further, Lead Member shall meet at least 60% requirement of Technical and Financial Capacity required as per clause 2.2.2 (A) & (B) and each of other JV members shall meet at least 30% requirement of Technical and financial capacity as per clause 2.2.2 (A) & (B). For avoidance of doubt it is further clarified that the Joint Venture must collectively and individually satisfy the above qualification criteria.

We request you that in case of JV please allow that any one member in JV can meet this requirement.

Accepted

Please refer to Addendum

In case of a Consortium, the combined technical capacity and net worth of those Members, who have and shall continue to have an equity share of at least 26% (twenty six per cent) each in the SPV, should satisfy the above conditions of eligibility; provided that each such Member shall, for a period of 2 (two) years from the date of commercial operation of the Project, hold equity share capital not less than: (i) 26% (twenty six per cent) of the subscribed and paid up equity of the SPV; and (ii) 5% (five per cent) of the Total Project Cost specified in the Concession Agreement.

The condition has been to make sure that the joint venture partners are also technically and financially sound. However, as per standard PPP documents issued by Planning commission, the technical and financial capacities shall be satisfied combined. In

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Point Query Pre bid Response/Clarification Reasons for Acceptance/Non Acceptance view of the above, it may be accepted

Query by RAMKY INFRASTRUCTURE LIMITED, BHOPAL

11. Volume-1 Section 1- Clause 1.3- Schedule of Bidding process Pg No 15


S.No





07.10.2015


12.10.2015 at 1100 hrs


19.10.2015

5 Tender Purchase [Online]

28.10.2015 upto 1730 hrs

6 Application Due Date [Online]

29.10.2015 upto1730 hrs


31.10.2015 upto 1500 hrs


31.10.2015 at 1630 hrs

9 Opening of 09.11.2015

Kindly extend the date of submission for the tender by one month

Accepted Please refer to query no 1

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Financial Bid at 1500 hrs

12. Volume III [DCA] Schedule B Annex 1, Clause 1.11, Page no 124

1.11 Environmental Impact Assessment Activity: MPAKVN (B) has applied to MP Pollution Control Board for getting Environmental clearance for the Project under category 7 (c). For any other category, the Concessionaire is required to undertake EIA studies and get the EIA clearance at his own cost

Please let us know whether EIA is obtained or not

Prior Environmental Clearance has been received under Category 7(C). Please refer to Addendum.

As per current status, EC clearance has been obtained and the conditions issued by MPSEIAA will form a part of tender document.


General Clarification Is there any incentive for units that set up in the park.

The incentives to industrial units shall be as per the prevailing norms applicable in the state


General Clarification Land should be encumbrance free and premium is to consider while hand over the land

I. Land is completely in the possession of MPAKVN Bhopal and is free from any encumbrances.

II. With respect to concession

premium payment conditions, Please refer to point 8 above.

Land is in complete possession of MPAKVN Bhopal and is free from all encumbrances

15. Volume I [RFQ cum RFP], Section 1- Clause 1.2.4, Page 11

In terms of the RFP, a Bidder will be required to deposit, along with its Bid, a bid security equivalent to INR 2.50 Cr. (Indian Rupees Two Crore Fifty Lacs only) (the “Bid Security”), refundable no later than 60 (sixty) days from the Bid Due Date, except in the case of the selected Bidder whose Bid Security shall be retained till it has provided a Performance Security under the Concession Agreement. The Bidders will have an option to provide Bid Security in the form of a demand draft or a bank guarantee acceptable to MPAKVN (B) and in such event, the

Reduce the EMD to 50 Lacs as NVDA and MPPWD etc have max 50 lacs slab.

Not Accepted The bid security amount is refundable upon submission of performance guarantee amount.

Bid security amount is calculated as per the model guideline on PPP project and hence may not be accepted. The bid security amount is refundable upon

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validity period of the demand draft or bank guarantee, as the case may be, shall not be less than 180 (one hundred and eighty) days from the Bid Due Date, inclusive of a claim period of 60 (sixty) days, and may be extended as may be mutually agreed between the Authority and the Bidder from time to time. The Bid shall be summarily rejected if it is not accompanied by the Bid Security.

submission of performance guarantee amount.

16. Volume I [RFQ cum RFP], Section 1- Clause 1.2.10, page no 12

1.2.10 The Concessionaire shall be entitled to receive land premium and charge self determined user fee from users during 15 years of license period of the Project.

Concession period may be taken as 20 years against 15 years or 15 year after COD to get the financial closure

Not Accepted The concession period has been decided on the basis of financial viability and as advised by DIF, PPP cell

17. Volume 1 [RFQ cum RFP] Section 2- Clause 2.1.16 B- Other bid conditions shall include, Page no 15

Bank Guarantee for 60% of Concession Premium quoted valid till seven years from the appointed date towards part of concession premiums payable from 4th year to seventh year of appointed date.

I. Request to delete the BG from 60% towards concession premium as this type of condition is not seen in any similar projects. Concessionaire has no rights to sell/lease the land and this is hurdle.

II. As the land is in the name of

Authority name why PBG of 60% towards land premium requires is not understood. It is not common practice in any contract. Kindly delete this.

Partially Accepted The revised clause is as follows: Bank Guarantee of 25% of remaining 60% of concession premium quoted renewable every year till seven years from the appointed date towards part of the concession premiums payable from Fourth (4th ) year to seventh year (7th) of appointed date. However if before the due date of next premium the Concessionaire is able to sell more/all plots and earn more revenue from the project, then MPAKVN Bhopal will have right to receive the balance Concession premium at commensurate rate and

It has been partially accepted to remove financial burden from the concessionaire. However has equally compensated with sharing of premium with the authority at commensurate rate. Further to ensure the payment of

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will be decided at the discretion of the authority.

the Authority the clause has been slightly modified with 15% of BG towards remaining concession premium

18. Volume I [RFQ Cum RFP] Section 2- Clause 2.2.3, Page no 17


30% of technical capacity for other JV member is not required. Kindly consider to delete However 30% of financial could be there

The revised eligibility conditions for joint venture is as given in point no. 10


General Clarification Please allow concessionaire to make approach road, WTP and 2 nos of 5 MVA 33/11 KV sub station as these works could delay the project if other contractor takes up the job. Concessionaire can give quote and Authority may approve and issue the work order to execute the above works or Concessionaire may also participate in tender and should have first right of refusal.

Not Accepted The work is already awarded to the Contractors and hence not possible to consider the request

The development work on external infrastructure is already in progress and hence cannot be accepted

20. Volume III [DCA],


The Concessionaire shall, for the

PBG to be reduced to 2% i.e 5 cr since this is PPP project. 5% of PBG is

Not Accepted The performance

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Article 9, Clause 9.1, Page 38

performance of its obligations hereunder during the Construction Period, provide to the Authority no later than 180 (one hundred and eighty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Bank for a sum equivalent to Rs. 12.5 Crores (Rupees Twelve Crore Fifty Lacs only) in the form set forth in Schedule-F (the Performance Security”). Until such time the Performance Security is provided by the Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Authority shall release the Bid Security to the Concessionaire.

normally for EPC projects with duration of 2 years. Hence it is reasonable to keep 2%

security has been calculated as per model planning commission tender document on PPP projects which indicates 5% of the project cost and hence has not been accepted

21. Volume III [DCA], Article 13, Clause 13.4: Delays During construction, Page no 48

If the Concessionaire does not achieve any of the Project Milestones or the Independent Engineer shall have reasonably determined that the rate of progress of Construction Works is such that the development of Project area is not likely to be achieved by the Scheduled Date, it shall notify the Concessionaire to this effect, and the Concessionaire shall, within 15 (fifteen) days of such notice, by a communication inform the Independent Engineer in reasonable detail about the steps it proposes to take to expedite progress and the period within which it shall achieve the Project Completion Date.

In case the construction progress is delayed and leading to as per the milestones given in Schedule G, a cure period of 60 days shall be provided by the Authority beyond which a penal amount of 0.1% of performance

Penalty of 0.1% of PBG is very high and please allow 0.05%.

The clause has been modified as under: In case the construction progress is delayed and leading to as per the milestones given in Schedule G, a cure period of 60 days shall be provided by the Authority beyond which a penal amount of will be charged as per the following stages:-

allotment is less than 50%

@ 0.1% of Performance security per day

Allotment 51% to 100%


The penalty of 0.1% of PBG is kept which is equal to the amount of loss that authority has to bear on non performance of the developer. Hence may not be accepted

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security per day will be paid by, the Concessionaire to the Authority . Further delay may terminate the Project as per the terms and conditions of this Agreement and also forfeit the Premium and Construction Performance Security

The penalty amount as per the above will be paid by, the Concessionaire to the Authority. Further delay may terminate the Project as per the terms and conditions of this Agreement and also forfeit the Premium and Construction Performance Security

22. Volume III [DCA], Article 23, Clause 23.1- Concession Premium and Fee, Page no 68

23.2 Concession Premium



Installment No





3 25% On 1st day of start of 6th year of

Concessionaire Premium: please consider only 20% land premium after agreement and remaining 80% in four installments 4th year to 7th year as it affects the cash flow of the project.

Not Accepted.

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Appointed Date


23. Volume III [DCA] Article 30 Clause 30.3.1 & 30.3.2: Termination Payment, Page no 88

30.3.1 Upon Termination on account of a Concessionaire Default, the Concessionaire hereby acknowledges that 80% of the debt due shall be paid by the Authority. 30.3.2 Upon Termination on account of an Authority Default, the Authority shall pay to the Concessionaire, by way of Termination Payment, an amount equal to the Asset Cost less any amount, if any, due to the Authority from the Concessionaire under the provisions of this Agreement. Definition of Asset Cost Asset Cost” means the value of executed items which shall not be more than 70% of cost provided for those items in the DPR of MPAKVN (B) or 70% of Project Cost whichever is lower. After 5 years, the asset value would be calculated by applying a depreciation rate of 4% per annum

Termination for Authority in the event of default to be 110% of asset value. Termination for concessionaire default to PBG encashment and 90% of asset value

Not Accepted The termination clause is as per the model document and as advised by SLEC committee for PPP project

Clarifications by MPAKVN Bhopal 24. RFQ Cum

RFP document Section 2 - Clause 2.22.7 d(iii)

iii) to furnish the Performance Security within the period prescribed therefor in the Concession Agreement

Performance security amount is not mentioned

The clause to be read as “to furnish the Performance Security of Rs. 12.5 Crores as per the terms and conditions within the period prescribed in the Concession Agreement; or”

The amount of Performance Security is indicated in the Clause as the amount was not mentioned

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Point Query Pre bid Response/Clarification Reasons for Acceptance/Non Acceptance anywhere in RFQ cum RFP document

25. Concession Agreement Article 5: Obligations of the Concessionaire

EIA clearance New Clause added and Refer to Annexure II of this Pre bid meeting minutes for Environmental clearance conditions and guidelines.

Compliance to the conditions prescribed by MPSEIAA while granting prior Environmental Clearance

• The Prior Environmental clearance for the Project has been granted by MPSEIAA vide reference no. 6216/2015 dated 13.10.2015 under category 7(C)

• The selected developer is required to adhere to the conditions prescribed under the Clearance

• In case the industrial area is developed and attracts environmental clearance under any other category, then the selected developer is required to obtain prior Environmental clearance for the applicable category and thereafter, the units are to be allotted.

• Non compliance of the above shall be considered as events of defaults and will be treated under Article 30.1: “Termination under Concessionaire default”

Concession EIA clearance New Clause added and Refer to Under Clause 30.1, the following

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Agreement Article 30: Termination, Clause 30.1: Termination for Concessionaire default

Annexure II of this Pre bid meeting minutes for Environmental clearance conditions and guidelines.

points (n) and (o) shall be added: “(n): the Concessionaire fails to adhere to the conditions stipulated by MPSEIAA while granting prior Environmental Clearance or any conditions stipulated by National Green Tribunal(NGT) or MPAKVN Bhopal or any other regulatory Authority in respect of conformation to Environmental safeguards/ prevent pollution to Narmada/ Tawa rivers/ ground water and continues to do so for a period of 180 days after being notified/ communicated by MPSEIAA/MPPCB/NGT/MPAKVN in this regard.

Queries by Mahindra Lifespaces

26. Volume-1 [RFQ cum RFP] Section 1- Clause 1.3- Schedule of Bidding process Pg No 12 & Letter of invitation – Point no: viii – Submission date (Page 4), Clause no: 2.14.1


S.No





07.10.2015


12.10.2015 at 1100 hrs


19.10.2015

5 Tender Purchase 28.10.2015

Accepted. Please refer to query no 1

It is accepted as the prospective bidders requested for time extension to form JV and to evaluate the financial viability which requires discussion with financial institutions etc

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(Page 27) [Online] upto 1730 hrs 6 Application Due

Date [Online] 29.10.2015 upto1730 hrs


31.10.2015 upto 1500 hrs


31.10.2015 at 1630 hrs


09.11.2015 at 1500 hrs

27. Request extension on bid submission date

28. Volume 1 [RFQ cum RFP] Section 1- Invitation for proposal – 1.1.3 – Point no: 4, Project development activities undertaken (Page 9)

1.1.3 Point 4

The Project Development Activities so far undertaken by the Authority is mentioned below:- • The land use plan has been prepared and

approved by Town and Country Planning Department, Hoshangabad. However the developer will have flexibility to change the land use plan without any financial obligation to the Authority and with prior approval from the AKVN Bhopal and competent Authority

• Environment Clearance has been obtained under category 7 (c) of EIA Notification , 2006

1. Clarity required on what will be MPAKVN’s responsibility in terms of Power, Water and Road infrastructure being made available at site. Also by when this will be made available at site?

2. What is the current Power supply provided and what is the possibility of augmenting the same if required? Who will be responsible for such additional power augmentation cost?

3. What is the current Water supply being made available at site out of the 5 MGD approval received? What is the possibility of augmenting the same if required? Who will be responsible for the

1. MPAKVN Bhopal is providing external infrastructure i.e., 3.3 Km approach road, 23 Mld WTP and 2 No. 33/11 KV substations with 10 MVA capacity. The expected date of completion of these infrastructure facilities is December 2016

2. If there is additional requirement of water and power generation in future, then the developer may augment as per his requirement. MPAKVN shall facilitate in seeking approval.

3. Power system shall be operated and maintained by MPKVVCL. However the External infrastructure i.e Approach road [3.3km], 5 MGD water and Power system will be operated and

General clarification on External infrastructure being developed by MPAKVN Bhopal.

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• Approach Road to the site is being constructed by MPAKVN Bhopal

• Approval for abstracting 5 MGD of water from Narmada River is available with MPAKVN (B) from District water allotment committee.

• The construction of raw water intake at river Narmada, raw water rising main and Water Treatment Plant are under progress.

• Approval for laying of 33/11 power transmission line from nearby Gujarwada substation and construction of 2 No 33/11 KV, 5 MVA each, is available from MPMKKVCL and Construction of the same under progress.

augmentation cost? 4. Road connectivity from main

State highway till zero point – Will MPAKVN provide similar 35 Mt road from State highway till zero point at its own expenses?

5. Whose responsibility will it be to bear the construction cost and maintain the Water treatment plant and Substation at site?

maintained by the Concessionaire.

29. Volume 1 [RFQ cum RFP] Section 1- Invitation for proposal – 1.1.3 – Point no: 5, Concession/License Period (Page 9)

1.1.3. 15(Fifteen) years (including construction period from the appointed date, defined as the date on which the Concession Agreement comes into effect) subject to the Concessionaire observing all the terms and conditions under the Concession Agreement and not committing any breach thereof.

Currently the concession period is envisaged as 15 years. For a project of this stature, we believe will require a longer license period for attracting external investment/ completing development. Having a shorter period will lead to encouragement of speculative transactions and idle land use

Not Accepted

The concession period has been decided on the basis of financial viability and as advised by DIF, PPP cell

30. Volume 1 [RFQ cum RFP]

The Bid shall be valid for a period of not less than 120 days from the date specified in Clause 1.3 for submission of bids (the “Bid

Bid validity period needs to be discussed.

Not Accepted.

The Bid validity period is as

20



Section 1- Bid Validity Period – 1.2.2 (Page10)

Due Date”). per the standard document for PPP project issued by Planning commission

31. Volume 1 [RFQ cum RFP] Section 1- Bid Secuirty – 1.2.8 (Page10) & Bid security Clause 2.22 (Page 29)

1.2.8 A Bidder is required to deposit, along with its Bid, a bid security equivalent to INR 2.50 Cr. (Indian Rupees Two Crore Fifty Lacs only) (the “Bid Security”), refundable no later than 60 (sixty) days from the Bid Due Date, except in the case of the selected Bidder whose Bid Security shall be retained till it has provided a Performance Security under the Concession Agreement. The Bidders will have an option to provide Bid Security in the form of a demand draft or a bank guarantee acceptable to MPAKVN (B) and in such event, the validity period of the demand draft or bank guarantee, as the case may be, shall not be less than 180 (one hundred and eighty) days from the Bid Due Date, inclusive of a claim period of 60 (sixty) days, and may be extended as may be mutually agreed between the Authority and the Bidder from time to time. The Bid shall be summarily rejected if it is not accompanied by the Bid Security.

For unsuccessful bidders or in the event of cancellation of bid process, when this security will be returned?

Bid security will be refundable no later than 60 (sixty) days from the Bid Due Date, except in the case of the selected Bidder whose Bid Security shall be retained till it has provided a Performance Security under the Concession Agreement.

Bid security amount has been finalized as per the standard document issued by State DIF, PPP cell. And it is refundable.

32. Volume I – RFQ cum RFP

Clause no: 1.2.9 – Concession premium

1.2.9 The bidders are required to submit their financial proposals indicating the Concession Premium quoted (bid parameter) by them. Out of the Concession Premium quoted, 40% of the Concession Premium quoted payable within 15 days of issue of letter of intent and as a pre condition for signing of agreement for implementing the Project and remaining

First tranche of concession premium payable (40%) within 15 days of issue of letter of intent is an inadequate period to mobilise significant funds. A period for requisite due diligence needs to be provisioned. Lastly, the payment milestones need to be correlated to milestones of

Partially Accepted The clause has been revised by increasing the days from 15 to 30 days. The revised clause is as follows:- The bidders are required to submit their financial proposals indicating the Concession Premium quoted

The request was partially accepted since 15 days to mobilize the funds etc is less and hence has been

21



payment (Page 12)

60% of the Concession Premium quoted shall be payable in four installments starting from 4th year to 7th year from the Appointed date as mentioned in the Concession Agreement. The concession period is 15 years from the appointed date. The highest concession Premium amount shall constitute the sole criteria for evaluation of Bids. The Project shall be awarded to the Bidder quoting the highest Concession Premium.

infrastructure provision.

Also the balance concession premium, we request you to make it sale milestone linked than timeline linked. This entire point needs to be discussed

(bid parameter) by them. Out of the Concession Premium quoted, 40% of the Concession Premium quoted payable within 30 days of issue of letter of intent and as a pre condition for signing of agreement for implementing the Project

increased to 30 days. Project is viable and does not require any concession.


Clause no: 1.3 – Schedule of Bid process (Page 12)


S.No





07.10.2015


12.10.2015 at 1100 hrs


19.10.2015

5 Tender Purchase [Online]

28.10.2015 upto 1730 hrs

6 Application Due Date [Online]

29.10.2015 upto1730 hrs


31.10.2015 upto 1500 hrs

8 Opening of 31.10.2015 at

Please provide the revised bid schedule

Please refer to query no 1

Date has been extended

22



Technical/Bid security etc

1630 hrs


09.11.2015 at 1500 hrs


Clause no: 3.2 – Technical Capacity

Technical capacity for purpose of evaluation Category 1, 2 3 & 4

Need to understand better as current profile is more construction oriented.

For revised eligibility, please refer to reply of point no. 9 of this Addendum

The Eligibility criteria has been constituted as per the Model document of planning commission on PPP project.


Clause no: 3.6 – Evaluation of financial bid, sub point 3.6.2 – Event of a tie (Page 34)

3.6.2 In the event that two or more Bidders quote the same amount of Premium (the “The Bidders”), the Authority shall identify the Selected Bidder by draw of lots, which shall be conducted, with prior notice, in the presence of the Tie Bidders who choose to attend.

Request to modify this process from selecting the bidder by draw of lots to making it revised financial proposal submission by the bidders in the event two highest bidders quote the same premium

Not Accepted. And the Clause of 3.6.2 shall remain unchanged

3.6.2 In the event that two or more Bidders quote the same amount of Premium (the “The Bidders”), the Authority shall identify the Selected Bidder by draw of lots, which shall be conducted, with prior notice, in the presence of the Tie Bidders who choose to attend.

The clause is as per the standard model document and may not be accepted

The clause is as per the standard model document and may not be accepted

36. Volume II – PIM Clause no: 4.4, Planning

Bhopal being in close proximity to the industrial area, the industrial guidelines of the Master Plan of Bhopal, 2005 have been taken as benchmark for the project. It has the

1. Please clarify whether there is a possibility to change the master plan / land use pattern based on the market inputs at a later stage?

1. Yes, the developer will have flexibility to change the land use plan as per MP Industrial Land and Shed allotment rules, 2015

General clarification

23



regulations (), Table 4-1 – land use statement (Page 28)

following land area distribution recommended for industrial land use.

Area under plots (Developable land )

Max. 65%

Area under roads, Parking, open space

Min 25%

Area under Shops, amenities and facilities

Min 10%

This is critical as there may be some improvements that can be carried out based on the developer experience and expertise

2. Also it is advisable that the incoming industries not be restricted only be as per the envisaged zoning (Textile / Food processing / MSME)

3. Is there any restrictions on the plot size?

without any financial obligation to the Authority and with prior approval from the AKVN Bhopal and competent Authority

2. There is no restriction on the plot size.

37. Volume II – PIM

Clause no: 4.14 – Green buffers and water canal (Page 28)

4.14 GREEN BUFFER AREAS AND WATER CANAL

Abiding to the vision of an environmentally sustainable industrial area, open space and green areas have been considered as an important land use component of the project. Around 29.8% (approximately 197.04 hec) area of the proposed development has been designated for open and green space system.

Please clarify whether there is any restrictions in the nature of industries which can operate out of the park due to the water canal passing through the site?

What is the area lost in water canal and buffers?

MPAKVN (B) has obtained Environmental clearance for the Project under category 7 (c). For any other category of Industries, the Concessionaire is required to undertake EIA studies and get the EIA clearance at his own cost.

Please refer to Addendum– Annexure II for minutes issued by MPSEIAA

General clarification

38. Volume II – PIM Clause no: 4.15 – Residential area (Page 31)

Residential area An integrated residential area has been proposed to cater for housing needs of direct and indirect employment generated by the proposed industries and related activities. The residential units would be located in 4 different land parcals which are away from main industrial chunk of land to segregate work n living environment. The residential clusters to be developed in future stages of project are in four zones; Zone R1 (31.77 acres) and R2 (39.64 acres) at southwest corner of the site along the tawa river, zone R3 (3.315 acres) at Northwest corner of the

Please clarify whether there are any restrictions on the residential development in the proposed residential zone? It is mentioned that the different zones will be connected with main Industrial park with road networks of 24 Mt RoW. Will this be the responsibility of MPAKVN? Please clarify on the availability of Power & Water infrastructure for the Residential zone Is there any developmental restrictions on the Residential zone due to

The residential area shall be developed as per the norms of Town and Country planning and as per applicable environmental statutory guidelines. The Internal infrastructure for residential area is the responsibility of the concessionaire. The HFL in the year 2013 was 299.5 m and Ground level of the project area is 300 m.

General clarifications

24



site and zone R4 (7.48 acres) at the northeast corner of site. These residential clusters would include support facilities like commercial, social amenities, recreational areas integrated with residential blocks according to neighbourhood planning principals

proximity to Tawa river? There is a 200 Mt buffer mentioned in the document? What is land lost in this? Any data on flooding available?

39. Volume II – Project Information memorandum Table 4-3 – Land allocated to Hindustan Coca Cola Ltd (Page 35)

S.No

Particulars Area (in Ha)

1 Industrial Land 321

2 Open spaces including roads, green areas, open areas etc 192

3 Logistics zone, Public and semi public and commercial 90

4 Residential 32 Total 635

Note:

The above area does not include 110 (44.5 Ha).acres of area to be allotted for M/s Hindustan Coca Cola Limited. The total area of Mohasa Babai industrial area after including 110 acres (44.5 Ha) would be 679.58 Ha

What are the responsibilities of selected bidder towards this development? Necessary infrastructure towards their facility will be provided by whom? What is the water requirement of this facility? If selected Bidder is supposed to provide any facilities to Hindustan Coca cola, what are the terms of agreement between MPAKVN and them?

MPAKVN Bhopal will construct the Approach road, Water supply system and Power distribution system upto the plot of Coca Cola. MPAKVN Bhopal will also operate and maintain the approach road, Water supply system and power distribution system till the effective date of appointment of the Concessionaire. Upon the appointed date of concessionaire the entire internal and external infrastructure will be operated and maintained by the Concessionaire. The terms and conditions between Coca Cola and MPAKVN Bhopal are standard lease deed as per MPAKVN format.

40. Volume II – PIM Clause 5.2 – Land title (Page 37)

5.2 LAND TITLE AND OWNERSHIP The ownership of land lies with MPAKVN (B), The land has been transferred from MPAGRO Department to MPAKVN (B). MPAKVN (B) is completely empowered to award the concession rights for development of the industrial area to the developer selected based on the bid process.

Would it be possible to provide a copy of the agreement vide which the land is transferred to MPAKVN by MPAGRO. Is there any restrictions imposed by said agreement on the land use?

The land is government land and is transferred to MPAKVN Bhopal vide letter no. F11_19/2012/B_11 dated 27/7/2012.


MPAKVN (B) has already obtained approval for the Master Plan of the entire industrial

If the incoming developer is desirous of changing the Master plan, what


25



Clause 5.4 – Approval for Master plan (Page 38)

area (i.e., 1678.73 acres total area) from Town and Country Planning Department, Hoshangabad District and the developer is required to develop 635 ha of area under PPP as per the area statement

would be the procedure? Who will be the concerned authority?

For any plot within the approved master plan, for any client to develop a facility, what will be the approval procedure?

The revised master plan need to be approved from MPTRIFAC office. It is single window clearance system and concessionaire may get it approved from the concerned officials at MPTRIFAC.

42. Volume II – PIM Clause 6.3 – Financing assumptions (Page 39)

Please clarify whether there are any restrictions on raising project finance on the said Land

Land cannot be mortgaged and the bidders can apply project finance on the basis of Termination clause mentioned in Article 30 of Concession Agreement. Please refer to Article 33, Clause 33.1.2 given below: 33.1.2 Subject to the provisions of Article 33.2, the Concessionaire shall not create nor permit to subsist any Encumbrance, or otherwise transfer or dispose of all or any of its rights and benefits under this Agreement or any Project Agreement to which the Concessionaire is a party except with prior consent in writing of the Authority, which consent the Authority shall be entitled to decline without assigning any reason.


Clause 6.4 – Project completion period (Page 40)

Based on the market conditions, the infrastructure is proposed to be constructed in the initial three years and industrial plots are expected to be allotted to the end users within a maximum period of 15 years from the appointed date (the date of fulfilment of conditions precedents, not exceeding 180 days from the effective date)

Currently the period is envisaged as 15 years. For a project of this stature, we believe it will require additional license period for attracting external investment / completing development. What is the possibility of extending the same? If yes, what will be the tenure?

Not Accepted The concession period has been decided on the basis of financial viability and as advised by

26


Point Query Pre bid Response/Clarification Reasons for Acceptance/Non Acceptance DIF, PPP cell


Clause 6.6 – Revenue streams for Developer (Page 41)

The Developer would recover the investments through:

a. Land Premium of Industrial, Commercial, Residential and PSP Plots: the Developer would be allowed to fix up the lease premium for the plots and recommend to MPAKVN (B). MPAKVN (B) will lease the properties through a binding lease deed with the developer as the conforming party during Concession Period

Please clarify, who will decide on the pricing of plots to be sold? Is it a sole decision of the Developer

Yes, the price of the plot will be decided by the developer during concession period.


Clause 6.9.3 – Reimbursement of 50% of fee of Independent Engineer (Page 45)

6.9.3 Reimbursement of 50% of the Fee of Independent Engineer

The Concessionaire is required to reimburse 50% of the Fee of the Independent Engineer appointed by MPAKVN (B) to MPAKVN (B)

Please clarify the fee amount The Independent Engineer will be appointed during construction activities of Internal infrastructure through transparent bidding process. The amount quoted by the Independent engineer will be shared by MPAKVN Bhopal and The concessionaire in the ratio 50:50. Hence cannot be determined at this stage.


Clause 6.9.4 – Water charges (Page 45)

6.9.4 Water charges to MPAKVN (B)

The Concessionaire is required to make payment to MPAKVN (B) towards water withdrawal charges as per the norms set by MPAKVN (B)

Please clarify the payment details For drawing water from River Narmada, MPAKVN Bhopal is required to pay water drawal charge to Water Resources Department [WRD] at Rs.1.54/1000 litres. These rates as revised from time to time shall be binding on the developer.

47. Volume III – DCA

Clause 4.1 – Conditions precedent (Page 24) sub clause 4.1.3 (b) and

4.1.3 The Conditions Precedent required to be satisfied by the Concessionaire prior to the Appointed Date shall be deemed to have been fulfilled when the Concessionaire shall have:

(b) Paid the 40% of the Concession Premium as to Authority;

1. Request relaxation in all the related terms and needs further discussion.

2. Request to look at alternative mechanisms than a BG.

Partially Accepted Please refer to the query no 17

27



(c) – 40% of concession premium payment and B.G for 60% of payment

(c) Provided Bank Guarantee for 60% of the Concession Premium to the Authority valid for a period of 7 years from the Appointed Date


Clause 4.3 – Damages for delay by the concessionaire – termination of agreement (Page 25)

In the event that (i) the Concessionaire does not procure fulfillment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereof, and the Authority has not expressly waived, fully or partially, such conditions relating to the Concessionaire, this Agreement shall cease to have any effect as of that date and shall be deemed to have been terminated by the mutual agreement of the Parties and no Party shall subsequently have any rights or obligations under this Agreement. Further, Authority shall be entitled to forfeit the bank guarantees of Performance Security, Concession Premiums and the payments of Concession Premiums made by the Concessionaire.

Request to revisit the termination clause and the compensatory mechanism to the incoming developer. What is the recourse for the developer to claim the money spend in developing the park till that date

Please refer to clause 30.3.1 & 30.3.2, Article 30 30.3.1 Upon Termination on account

of a Concessionaire Default, the Concessionaire hereby acknowledges that 80% of the debt due shall be paid by the Authority

30.3.2 Upon Termination on account

of an Authority Default, the Authority shall pay to the Concessionaire, by way of Termination Payment, an amount equal to the Asset Cost less any amount, if any, due to the Authority from the Concessionaire under the provisions of this Agreement.

“Asset Cost” means the value of executed items which shall not be more than 70% of cost provided for those items in the DPR of MPAKVN (B) or 70% of Project Cost whichever is lower. After 5 years, the asset value would be calculated by applying a depreciation rate of 4% per annum


5.2.1 It is expressly agreed that the Concessionaire shall, at all times, be

What is the recourse if there is any delay from authority end, in terms of

The authority will make maximum efforts to provide approvals/clearances

28



Clause 5.2 – Obligations related to Project agreements ()

responsible and liable for all its obligations under this Agreement notwithstanding anything contained in the Project Agreements or any other agreement, and no default under any Project Agreement or agreement shall excuse the Concessionaire from its obligations or liability hereunder.

approvals which causes overall project delay?

etc at the earliest possible.


Clause 5.8 – Other conditions (Page 31)

The Concessionaire is required to reimburse the 50% of professional fees of Independent Engineer to the Authority, i.e., MPAKVN (B) The Concessionaire is required to reimburse 50% of the professional fee of Safety Consultant to MPAKVN (B) Consultant is required to pay water charges to MPAKVN (B) as per the prevailing norms of MPAKVN (B)

Please clarify the fee payable to respective engineers and consultants by the developer



Clause 9 – Performance Security (Page 39)


The Concessionaire shall, for the performance of its obligations hereunder during the Construction Period, provide to the Authority no later than 180 (one hundred and eighty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Bank for a sum equivalent to Rs. 12.5 Crores (Rupees Twelve Crore Fifty Lacs only) in the form set forth in Schedule-F (the Performance Security”).

Request reduction in Performance security

Not Accepted The performance security has been calculated as per the standard guidelines issued by DIF MP and hence has not been accepted


Clause 23.1 – Concession premium & fee (Page 69)


Request relaxation in stage 1 premium quantum to be paid and the timelines for payment of stage 2 balance 60% payment

Not Accepted

Project is viable and does not require such concession

29




Installment No







53. General

Third party defaults

1. Any default by third part client based on the lease deed, will lead to default on the developer end?

2. In such cases if there is any

1. Any default by third part client will not lead to default on the developer end.

2. Please refer to the point 35, 36, 37 & 38 of Schedule S of Draft

30



penalty / repayment to the third party client how the mechanism will work?

Concession Agreement [Volume III] where the mechanism for repayment in case of default of the unit holder is given.

54. General Clarifications by Authority

Article 17 17.1 O&M obligations of the Concessionaire

New clause added All internal and External infrastructures shall be operated and maintained by the Concessionaire. However the power supply system shall be operated and maintained by MPVVKCL as per their norms.

31

Annexure- 1

ADDENDUM 4 to the Request for Qualification & Request for Proposal (RFQ cum RFP) and Draft Concession Agreement

(DCA) document The RFQ cum RFP and DCA document shall be suitably modified to take effect of the following modifications.

Addendum No

Volume No/Clause no Existing clause Modified Clause *

1 Volume I [RFQ cum RFP] Clause no 1.3 Schedule of Bidding process


S.No Event Description Last Date Bid Stage 1 Sale of Bid Documents 22.09.2015 2 Last Date for Receiving of

Queries 07.10.2015

3 Pre Application Conference 12.10.2015 at 1100 hrs


19.10.2015

5 Tender Purchase [Online] 28.10.2015 upto 1730 hrs

6 Application Due Date [Online] 29.10.2015 upto1730 hrs


31.10.2015 upto 1500 hrs


31.10.2015 at 1630 hrs

9 Opening of Financial Bid 09.11.2015 at 1500 hrs


S.N


Bid Stage 1 Sale of Bid Documents 22.09.2015 2 Last Date for Receiving of

Queries 07.10.2015

3 Pre Application Conference 12.10.2015 at 1100 hrs


28.11.2015

5 Tender Purchase [Online] 17.12.2015 upto 1730 hrs

6 Application Due Date [Online submission of PART A, B & C]

18.12.2015 upto 1730 hrs

7 Physical Submission of Technical bids [PART A& B] in the office of MPAKVN Bhopal

21.12.2015 upto 1730 hrs


22.12.2015 at 1500 hrs

32

Addendum No


9 Opening of Financial Bid 28.12.2015 at 1500 hrs

2 Volume III-Annex I Schedule G- Project Completion Schedule , Clause 2

2 The Project Completion Milestones applicable for the Concessionaire are mentioned in the following schedule

S.No

Milestone No

Category of Milestone


Time of completion

1 1 Allotment Milestone


Within 1095 days from Appointed Date


Within 2190 ( days of Appointed Date


Within 3650 days of Appointed Date

2. The Project Completion Milestones applicable for the Concessionaire are mentioned in the following schedule


Time of completion






Within 3650 days [10 years] of Appointed Date

3 Volume I [RFQ Cum RFP] Section 2- Clause 2.2.3, Page no 17


2.2.3 In case of a Joint Venture, the combined technical capacity and net worth of those Members, who have and shall continue to have an equity share of at least 26% (twenty six per cent) each in the SPV, should satisfy the above conditions of eligibility; provided that each such Member shall, for a period of 2 (two) years from the date of commercial operation of the Project, hold equity share capital not less than: (i) 26% (twenty six per cent) of the subscribed and paid up equity of the SPV; and (ii) 5% (five per cent) of the Total Project Cost specified in the Concession Agreement.

4 Concession Agreement Article 5: Obligations of the Concessionaire

New Clause added and Refer to Annexure II of this Pre bid meeting minutes for Environmental clearance conditions and guidelines.

Compliance to the conditions prescribed by MPSEIAA while granting prior Environmental Clearance

• The Prior Environmental clearance for the Project has been granted by MPSEIAA vide reference no. 6216/2015 dated 13.10.2015 under

33

Addendum No


category 7(C) • The selected developer is required to adhere to

the conditions prescribed under the Clearance • In case the industrial area is developed and

attracts environmental clearance under any other category, then the selected developer is required to obtain prior Environmental clearance for the applicable category and thereafter, the units are to be allotted.

• Non compliance of the above shall be considered as events of defaults and will be treated under Article 30.1: “Termination under Concessionaire default”

Concession Agreement Article 30: Termination, Clause 30.1: Termination for Concessionaire default

New Clause added and Refer to Annexure II of this Pre bid meeting minutes for Environmental clearance conditions and guidelines.

Under Clause 30.1, the following points (n) and (o) shall be added: “(n): the Concessionaire fails to adhere to the conditions stipulated by MPSEIAA while granting prior Environmental Clearance or any conditions stipulated by National Green Tribunal(NGT) or MPAKVN Bhopal or any other regulatory Authority in respect of conformation to Environmental safeguards/ prevent pollution to Narmada/ Tawa rivers/ ground water and continues to do so for a period of 180 days after being notified/ communicated by MPSEIAA/MPPCB/NGT/MPAKVN in this regard.

5 Volume III [DCA], Article 13 Monitoring of Construction Period, Clause 13.4

13.4. Delays during construction

……..In case the construction progress is delayed and leading to as per the milestones given in Schedule G, a cure period of 60 days shall be provided by the Authority beyond which a penal amount of 0.1% of performance security per day will be paid by, the Concessionaire to the Authority . Further delay may terminate the Project as per the terms and conditions of this Agreement and also forfeit the Premium, Construction Performance Security and Bank Security Of Unpaid Concession Premium (60% of Concession Premium quoted).

In case the construction progress is delayed and leading to as per the milestones given in Schedule G, a cure period of 60 days shall be provided by the Authority beyond which a penal amount of will be charged as per the following stages:-





34

Addendum No


The penalty amount as per the above will be paid by, the Concessionaire to the Authority. Further delay may terminate the Project as per the terms and conditions of this Agreement and also forfeit the Premium and Construction Performance Security

Volume III [DCA], Article 14 Completion Certificate, Clause 14.8

14.8. Project Completion Certificate

Upon allotment of at least 70% of total alottable industrial plots, within 10 years from the appointed date, it shall forthwith issue to the Concessionaire and the Authority a certificate substantially in the form set forth in Schedule-J (the "Completion Certificate").

70% allotment of industrial area shall be calculated based on the net industrial area leased out by MPAKVN (B) after deducting the cancelled leases by MPAKVN (B) if any.

In case, the period exceeds 10 years, then the Concessionaire is required to pay penalty of 0.1% of performance security per day till one more year, beyond which, if the milestone is not achieved, the Authority shall have the right to terminate the Concession Agreement as per provisions of this Concession Agreement.

In case, the period exceeds 10 years, then the Concessionaire is required to pay penalty as per following stages:





beyond which, if the milestone is not achieved, the Authority shall have the right to terminate the Concession Agreement as per provisions of this Concession Agreement.

6 Volume I- [RFQ Cum RFP] Section 2 - Clause 2.22.7 d(iii)

(iii) to furnish the Performance Security within the period prescribed therefor in the Concession Agreement

“to furnish the Performance Security of Rs. 12.5 Crores as per the terms and conditions within the period prescribed in the Concession Agreement; or”

7 Volume I [RFQ Cum RFP] Section 2- Clause 2.2- Eligibility of the Applicants, Sub Clause 2.2.2 (A)


Deleted

8 Volume III [DCA] Article 17 Operation and Maintenance

New Clause Added 17.1.1. ……..The obligations of the Concessionaire hereunder shall include: (L) All internal and External infrastructures shall be operated and maintained by the Concessionaire during the Concession period. However the power

35

Addendum No


supply system shall be operated and maintained by MPVVKCL as per their norms.

9 Volume 1 [RFQ cum RFP] Section 2- Clause 2.1.16 B- Other bid conditions shall include

Bank Guarantee for 60% of Concession Premium quoted valid till seven years from the appointed date towards part of concession premiums payable from 4th year to seventh year of appointed date.

Bank Guarantee of 25% of remaining 60% of concession premium quoted renewable every year till seven years from the appointed date towards part of the concession premiums payable from Fourth (4th ) year to seventh year (7th) of appointed date.

However if before the due date of next premium the Concessionaire is able to sell more/all plots and earn more revenue from the project, then MPAKVN Bhopal will have right to receive the balance Concession premium at commensurate rate and will be decided at the discretion of the authority.

Volume III [DCA], Article 4 Condition Precedent, Clause 4.1.3 (C)

(c) Provided Bank Guarantee for 60% of the Concession Premium to the Authority valid for a period of 7 years from the Appointed Date

Provided 25% of Bank Guarantee for remaining 60% of concession premium quoted renewable every year till seven years from the appointed date towards part of the concession premiums payable from Fourth (4th ) year to seventh year (7th) of appointed date.

Volume III [DCA], Article 13 Monitoring 0f Construction Period, Clause 13.4 Delay during Construction

………….In case the construction progress is delayed and leading to as per the milestones given in Schedule G, a cure period of 60 days shall be provided by the Authority beyond which a penal amount of 0.1% of performance security per day will be paid by, the Concessionaire to the Authority . Further delay may terminate the Project as per the terms and conditions of this Agreement and also forfeit the Premium, Construction Performance Security and Bank Security Of Unpaid Concession Premium (60% of Concession Premium quoted).

…….. In case the construction progress is delayed and leading to as per the milestones given in Schedule G, a cure period of 60 days shall be provided by the Authority beyond which a penal amount of 0.1% of performance security per day will be paid by, the Concessionaire to the Authority . Further delay may terminate the Project as per the terms and conditions of this Agreement and also forfeit the Premium, Construction Performance Security and Bank Security Of Unpaid Concession Premium (25% of 60% of the Concession Premium quoted)..

Volume III [DCA], Article 23 Concession Premium and Fee, Clause 23.3

Bank Guarantee for Unpaid Concession Premium

The Concessionaire is required to provide Bank Guarantee equivalent to 60% of the Concession Premium quoted by him valid for a period of 7 years from the Appointed date. In case, the Concessionaire makes payment of 60% of the Concession Premium, before 7 years, then the Bank Guarantee shall be released.

The Concessionaire is required to provide Bank Guarantee equivalent to 25% of 60% of the Concession Premium quoted by him renewable every year till a period of 7 years from the Appointed date. In case, the Concessionaire makes payment of 60% of the Concession Premium, before 7 years, then the Bank Guarantee shall be released.

However if before the due date of next premium the

36

Addendum No


Concessionaire is able to sell more/all plots and earn more revenue from the project, then MPAKVN Bhopal will have right to receive the balance Concession premium at commensurate rate and will be decided at the discretion of the authority.

Volume III [DCA], Schedule F, Section II

Section II

(BANK GUARANTEE FOR UNPAID CONCESSION PREMIUM)

Section II (BANK GUARANTEE FOR UNPAID CONCESSION PREMIUM) The concessionaire is required to provide Bank Guarantee of 25% of 60% of the Concession Premium quoted Concession Premium renewable every year till 7 years from the Appointed Date in same format of Section I.

10 Volume I – RFQ cum RFP

Clause no: 1.2.9 – Concession premium payment

1.2.9 The bidders are required to submit their financial proposals indicating the Concession Premium quoted (bid parameter) by them. Out of the Concession Premium quoted, 40% of the Concession Premium quoted payable within 15 days of issue of letter of intent and as a pre condition for signing of agreement for implementing the Project and remaining 60% of the Concession Premium quoted shall be payable in four installments starting from 4th year to 7th year from the Appointed date as mentioned in the Concession Agreement. The concession period is 15 years from the appointed date. The highest concession Premium amount shall constitute the sole criteria for evaluation of Bids. The Project shall be awarded to the Bidder quoting the highest Concession Premium.

1.2.9 The bidders are required to submit their financial proposals indicating the Concession Premium quoted (bid parameter) by them. Out of the Concession Premium quoted, 40% of the Concession Premium quoted payable within 30 days of issue of letter of intent and as a pre condition for signing of agreement for implementing the Project

Volume III [DCA], Article 40 Definitions Clause 40.1

“Concession Premium” shall mean the amount quoted by the Concessionaire as bid parameter, out of which 40% of the amount was paid within 15 days of issue of LOA and remaining 60% shall be paid as per the schedule given in accordance with the Article 23.

“Concession Premium” shall mean the amount quoted by the Concessionaire as bid parameter, out of which 40% of the amount was paid within 30 days of issue of LOA and remaining 60% shall be paid as per the schedule given in accordance with the Article 23.

* Please note that above modified clauses will supersede any cross references in tender documents and bidders are requested to read the document in reference to above changes.

ANNEXURE II

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Madhya Pradesh Audyogik Kendra Vikas Nigam (Bhopal) · Madhya Pradesh Audyogik Kendra Vikas Nigam...

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