Madhya Pradesh Metro Rail Co LimitedPage 1 of 42 Madhya Pradesh Metro Rail Co Limited Address -:...

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Madhya Pradesh Metro Rail Co Limited Address -: First floor Palika Bhawan, Shivaji Nagar, Bhopal – 462016 Madhya Pradesh (India)

(Ph:-0755-2552730) Email id: [email protected]

No: /MRTS/2016/ 3275 Dated: 31/05/2016

Minutes of the Pre-Bid Meeting regarding selection of General Consultant for M.P. Metro Rail Projects

RFP No. 01/GC/MPMRCL/2016 Dated 06/05/2016

Pre-Bid meeting regarding selection of general consultant for M.P. Metro rail project was organized in Room No. 107 of Directorate

of Urban Administration and Development at 11:00 AM on 23rd

May 2016 in the presence of members of tender committee members

and representatives of various consultancy firms. List of participants is enclosed in Annexure-I. After due deliberations the reply on

clarifications sought towards RFQ cum RFP regarding selection of General consultant for M.P. Metro Rail Projects are furnished here

under :

S.

No

Section Page

No.

RFP Excerpt Clarifications Sought MPMRCL’s Reply

1. Letter of

Invitation.

serial no. 1

7 The Government of India (hereinafter

called Borrower) has applied financing

from Japan International Corporation

Agency (JICA) towards the cost of Madhya

Pradesh Metro Rail Projects for Bhopal and

Indore (hereinafter called-the Project).

It is requested to kindly confirm whether the RFP has been

approved by the JICA or what is the status of the approval.

RFP is under process

of JICA approval

however MPMRCL

will proceed at its

own and existing

clause shall prevail

2. Letter of

Invitation,

point No. 3

page No. 7 and section 2

data sheet

clause No. 4

page No. 36

7 &

36

– A consultant will be selected under

QCBS (Quality and cost based selection

process with 80% & 20% weights for

Technical & Financial Proposal respectively) and procedures described in

RFP

We request you to please change the QCBS weights from

80:20 to 90:10 for Technical & Financial respectively.

Provision of RFP

shall prevail.

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3. Letter of

Invitation ,

Point No. 7

7 Document it is stated that the last date of

issuing addendum by the client is

28.05.2016.

Hence we propose that at least 8 weeks time should be

provided for submission of bid. The Bid due date may

please be extended up to 15.07.2016.

In this connection we wish to submit that the bid requires

collaboration with International consultants. Also many

International Experts are to be deployed on the projects.

The process of collaboration and selection of expert shall

need much more time. At least minimum 8 weeks time

shall be required for preparation and submission of bid after issue of addendum/amendment.

Bid submission date

and time is extended

up to 7-7-2016 till

15:30 hrs.

4. Section 2 Part 1 (C)

Replacement

of Key

Expert

Clause 8.6

and Clause

10 of SCC,

Page 203

22 Replacement of Key Expert

It is stated that, for the reasons other than

death, prolonged illness requiring change

of physical location which shall be duly

certified by a medical practitioner

registered with Government Authority, remuneration to the key personnel will be

reduced by 10% for each replacement.

However in case replacement of the key

personnel’s happens more than 10% every

year, there will be penalty of 0.25% of

overall man months payable to the GC

In this regard, it is submitted that all the Consultants try their level best to keep the

proposed key personnel but due to unavoidable

circumstances beyond their control, substitutions

are needed. Also as per normal practice followed

by all renowned agencies like World Bank, ADB,

AfDB etc. in all other ongoing projects in respect

of Replacement of Key personal the Client accept

replacement with equivalent or better qualification

and experience and at a same rate of

remuneration.

Hence, the Client is requested to kindly accept

replacement of key personnel with equivalent

or better qualification and experience and at a

same rate of remuneration without any

penalty.

We consider this clause as punitive and

counterproductive to the delivery of the

assignment. This clause seems to be of a

regulatory nature rather than a facilitator nature.

Consultants have only a certain level of control on

the choice of staff whether to continue in a particular job or not. Thus penalizing the

consultant for the leaving of a staff (which legally

is not in the consultant’s control) does not seem to

be in line with international guidelines such as

provided for by the World Bank / ADB. These

risks will ultimately be passed on to the client.

With so many projects in India running concurrently

it is inevitable that staff will move between

We Partly agreed, Addendum is being

issued separately

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companies and projects. The client is contracting the

consultant for the delivery of a service and not for

manpower supply. The consultants are bound to

deliver a particular service even if the staff has left

and this risk is acceptable to consultants.

We request for a total deletion of these penalties.

Replacement penalty @10% is on higher side. We

request you to please reduce the replacement penalty

from 10% to 5% and if replacement of key person

happens more than 10% every year, there will be additional penalty of 0.25% of replaced staff man-

months only.

We also request that if replacement takes more

than 15(Fifteen) days than additional penalty of

1% should be applicable on replaced man-months

only.

We feel current replacement penalty is very high,

request you to provide some limit for replacement as

done in other GC’s in India like MEGA, Lucknow,

Nagpur.

We request you to replace the existing clause as: Overall replacement of key experts (whose CV is to

be evaluated at proposal stage) shall not exceed 10%

during first 02 years and 20% in subsequent years

(similar to other JICA RFP). If replacement exceeds

these limits, a penalty of 5% of the replacement man-

months shall be levied.

Replacement of Key Staff, is very challenging for

Consultants, since, Key Staff doesn’t turn up to join,

due to various reasons beyond the control of

Consultants.

We would request to remove the penalty clauses

for the same and accept a replacement with equal

or better credentials, at the same billing rate.

5. Clause

12.1.(ii)

B-

Consultant’s

Experience

24

96

About forty (40) pages of relevant

completed projects illustrating the

Consultant‘s relevant experience (TECH

2B, 2C & 2D).

….. Each member of JV/ Consortium shall

provide separate details. Use about 60

pages

Please Clarify, the Total Page Limit for TECH 2B, 2C and

2D

Cumulatively total

page limit for TECH-

2B, 2C, and 2D will

be about sixty (60)

pages, Addendum is

being issued

separately.

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6. Technical

Proposal

Format and

Content,

Clause 12 (v)

26 CVs of the Key Experts signed by the Key

Experts themselves and by the authorized

representative submitting the proposal

Since, the Key Staff are spread across the world, it is very

difficult to arrange for the original signature on the CVs.

We would request you to allow scanned signatures at the

bidding stage. Original Signatures may be asked for, during

Contract Signing

Agreed. Addendum is

being issued

separately.

7. Financial Proposals

Format and

Content,

Clause

13.1.ii and

Section 5

Financial

Proposal

Fin-2 :

Summary of

Cost Page

No.117

27

Financial Proposals Format and Content

The Financial Proposal requires completion

of three forms, FIN-1 to FIN-3 shown in

Section 5.

The Financial Proposal format doesn’t have any FIN for

filling the reimbursable items which includes Duty Travel

to site, Office Rent, Furniture’s, Equipment’s, and Office

Supplies. It is requested to kindly add the FIN 5 to fill the

reimbursable items.

There is no separate provision for

Reimbursable items,

FIN-2 provisions for

Remuneration and

other overheads

which Includes

provisional sums,

allowances and any

other expenses etc.

FIN-2 also provisions

for FIN-3D, in which

details of overhead expenses shall be

submitted.

Addendum regarding

format for FIN-3D is

being issued

separately.

8. Section 2,

part I of ITC,

Clause 13.3

28 Currency of Proposal & Payment

Consultants shall express the price of

their services in INR.

Consultants shall state the portion of their

price representing local cost in INR

Being the international competitive bidding which includes

the International Persons to whom we have to pay in the

foreign currency, it is kindly requested to add the Euros,

Dollar & Yen under foreign currency.

Provision of RFP

shall prevail.

9. Section 2,

part I of ITC,

Negotiations,

Clause 17.5

33 The unit rate of Expert remuneration could

also be subject to negotiations

Since, this is a Quality and Cost Based selection, where we

need to deploy the best of the resources, spacely available –

we would request you to kindly restrict the negotiation to

the Man-Months only.

Provision of RFP

shall prevail.

10. Section 2,

part I of ITC,

Bid Capacity

for Shortlisting

of the

consultant,

Clause 23

34 Bid Capacity Should it be calculated for 48 months or 60 months, Please

Clarify

Bid Capacity should

be calculated for 60

months. Addendum is

being issued separately.

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11. Section 2,

Part II, of

Data Sheet ,

Clause 9,

37 A single Technical Proposal but with core

team at PMU & separate teams in PIU‘s for

each city (Bhopal & Indore) needs to be

submitted. Core team shall be deployed at

PMU (HO) only, as mentioned in Section

6, Annexure –III A(E-1 and E-2) &

Annexure -III B(E-1 and E-2)

Abbreviations of PMU and PIU need to be provided, where

it is used first time in RFP.

PMU stands for

Project Management

unit.

PIU stands for Project

Implementation Unit.

PMU and PIUs have

been used for the first

time in Clause 9 in

Page No. 37 other

than this PMU and PIUs have also been

used in Clause 19 (3)

in Page No. 44 and

TECH – 3 in Page

No. 102

12. Section 2,

Part II, of

Data Sheet ,

Clause 9,

and

Clause 15, page 38

37,

38

A Single Technical proposal but with core

team at PMU & Separate teams in PIU’s

for each city (Bhopal and Indore ) need to

be submitted . Core team shall be deployed

at PMU(HO) only, as mentioned in

section6, Annexure –III A(E-1 and E-2) & Annexure- III B (E-1 and E-2)

Minimum Man month for experts are –

8734

As separate team are required for both Bhopal and Indore,

the minimum total, Man months of 8374 provided under

this clause accounts for only one package. Please confirm

the minimum total man months for both Bhopal and

Indore.

Minimum total man

months for Bhopal

and Indore shall be

16448 including man

months required for

PMU (Head office), in this regard,

Addendum is being

issued separately.

13. Section 2,

Part II, of

Data Sheet ,

Clause 10,

37 Section 2, Data Sheet, Clause 10

Offer from a consultant shall be considered

ineligible if the consultants or any of its

constituents have been barred/ blacklisted

for suspension of business by central

government/state government/public sector

undertaking in India as on date of

submission of proposal.

Sir, We wish to suggest that either the Individual Bidder

and or any Member of a Consortium should not have been

blacklisted during the last 5 years prior to the date of this

bid submission. May please consider and modify the clause

accordingly.

Provision of RPF

shall prevail.

14. Section 2,

Part II, of Data Sheet ,

Clause 11,

37 All accurate translations must be notarized

by a notary of respective country and ….

We would request you to kindly allow all such translations

to get notarized from the Consultant’s Home Country – this will save lot of time and logistical issues

Provision of RPF

shall prevail

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15. Section 2,

Part II, of

Data Sheet ,

Clause 14,

37 Not with standing anything contrary

contained in ITC 12, 13 and 14;

a. the Consultant shall submit with its

Proposal a Bid Guarantee for the sum INR

40 Million (INR Forty Million) in the

form of a bank guarantee issued from an

Indian Scheduled commercial Bank

(excluding Cooperative Banks) as defined

in Section 2(e) of RBI Act, 1934 read with

Attachment 2 to Data Sheet. The Bid Guarantee shall remain valid for a period of

60 (sixty) days beyond the validity of the

Proposal, as specified in section-1 Letter of

Invitation in point No. 7.

We find the bid guarantee to be quite considerable. Please

consider lowering the amount to [insert new amount]

We Request to reduce EMD to INR 20 million

Provision of RPF

shall prevail.

16. Section 2,

Part II, of

Data Sheet,

clause 14 (g)

38 g. The Bid Guarantee shall be forfeited:

1. if the Consultant withdraws its Proposal

during the period of Proposal validity; or

2. if the Consultant does not accept the

correction of its price pursuant to Clause

16.7 (i) of ITC; or

3. if the successful Consultant refuses or

neglects to initiate contract negotiations, to execute the Contract or fails to furnish the

required Performance Guarantee within the

time specified by the Client; or

We think that by practice, it is the client who initiates the

negotiations. We also think that failure to sign contract

after negotiation should not be considered failure. Please

clarify that clause g(3) should read as:

“If the successful Consultant refuses or neglects to engage

in initiate contract negotiations to execute the Contract

after successful negotiations or fails to furnish the required

Performance Guarantee within the time specified by the Client; or

Addendum is being

issued separately.

17. Section 2,

Part II, of

Data Sheet,

clause 16

39 All direct taxes applicable in State of

Madhya Pradesh and in India to be

included, except local Service Tax which is

payable as per SCC Clause 13.

We request you to amend the clause as;

All direct taxes applicable in State of Madhya Pradesh and

in India to be included, except local Service Tax which is

payable (as per prevailing rates on date) as per SCC

Clause 13.

Addendum is being

issued separately.

18. Section 2,

Part II, of

Data Sheet,

clause 19

40 Criteria, sub-criteria, and point system for

the evaluation are;

Experience of the Consultants relevant

eligible assignment.

a) Experience of international projects of

comparable size, complexity and

technical specialty; 15 points

b) Experience in India; 10 points

c) Experience in JICA funded projects: 5 points

The criteria seems to be different from the earlier GC

projects implemented by the JICA in India (Refer

Mumbai Metro Line 3 & recently awarded Ahmadabad

Metro) also the criteria doesn’t suffice or fulfil the

requirement of the ODA Guidelines of the JICAs

Standard Request for Proposals.

As per the guidelines of the JICAs Standard Request for

Proposals (SRFP) under Japanese ODA Loans for the

QCBS selection process the criteria towards the

Experience of the Consultants relevant to the assignment

is as under. a) Experience of international projects of comparable size,

complexity and technical specialty

b) Experience in developing countries under comparable

Addendum is being

issued separately

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conditions

c) Experience in Japanese ODA projects

(Refer Guidelines for the Employment of Consultants

under Japanese ODA Loans, April 2012 Clause 14.2 Page

No DS‐4).

Also the experience in Developing Countries doesn’t

limits to the experience in metro rail projects only, It can be any experience in infrastructural project as sole

consultant or member of joint venture/consortium carried

out in developing countries during last 7years.

Also the experience in Japanese ODA projects doesn’t

limit to the experience in metro rail projects only, it can

be experience as sole consultant or member of joint

venture/consortium in any of the infrastructural projects

under Japanese ODA loans carried out during last 7 years.

So it is kindly requested to amend the criteria as per the

JICAs Standard Request for Proposals (SRFP) under

Japanese ODA Loans for the QCBS selection process the

criteria.

19. Section 2,

Part II, of

Data Sheet,

clause 19

40 Section 2, Data Sheet, Clause 19(i)

Points

(i) Experience of the Consultants

relevant eligible assignment:

a. Experience of

international projects of

comparable size,

complexity and technical specialty

15

b. Experience in India 10

c. Experience in JICA

funded projects 05

Total points for

criterion (i):

30

Sir, as would appreciate, the success of projects of this

nature would depend mostly on the qualification and

experience of the team involved in, rather than the place in

which such project are carried out. Hence we proposed

experience from eligible projects irrespective of their

location, may please be considered in total. Further, weight

age for this item may be revised to 20 marks and weight

age for CVs may be increased accordingly, and the clause

may please be modified as below:

Points

(i) Experience of the Consultants relevant

eligible assignment:

a. Experience of comparable

size, complexity and

technical specialty carried

out Overseas/India/ JICA

funded anywhere in the

world.

20

Total points for criterion (i): 20

Addendum is being issued separately

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Points

(iii

)

Key Expert’s qualification and

competence for the assignment:

Maximum number

of points for each

Key Experts for the

positions or

disciplines are

mentioned in

Attachment-1 to

Data Sheet, for

which each Key

Expert will be

evaluated.

50

Total points for

criterion (iii):

50

Weight age for Key Expert’s qualification and competence

for the assignment may please be modified as below:

Points

(iii

)

Key Expert’s qualification and competence

for the assignment:

Maximum number of points for

each Key Experts for the positions

or disciplines are mentioned in

Attachment-1 to Data Sheet, for

which each Key Expert will be

evaluated.

60

Total points for criterion

(iii):

60

20. Section 2,

Part II, of

Data Sheet,

clause 19

40 Section 2, Data Sheet, Clause 19 (i)

Weightage for Eligible Assignments - 30%

Weightage for Approach & Methodology - 20%

Weightage for Competency of Key Experts - 50%

Sir, as you would appreciate, the success of projects of

this nature would depend mostly on the qualification

and experience of the team involved in, rather than the

number of such assignments carried out by a

firm/consortium in the past by deploying a totally

different team of experts in the projects carried out 10

years back.

Hence we propose weight ages for various items may

please be modified as below in line with other GC-RFP

documents of other metros such as Mumbai (MMRDA) &

Nagpur as detailed below.

Nagpur Mumbai Sugge

sted

For

Bhopa

l &

Indore

Weightage for Eligible

Assignments

1200

(15%)

1050

(15%)

15%

Weightage for

Approach &

2400

(30%)

2100

(30%)

25%

Addendum is being issued separately

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Methodology

Weightage for

Competency of Key

Experts

3600+8

00=440

0 (55%)

3150+70

0=3850

(55%)

60%

Total 8000

(100%)

7000 100%

Relevant Pages of GC-RFP document are also attached herewith for your ready reference please. Kindly consider.

21. Section 2,

Part II, of

Data Sheet,

clause 19

40 Points

(i) Experience of the

Consultants relevant


d. Experience of

international

projects of


technical specialty

15

e. Experience in India 10

f. Experience in JICA funded

projects

05

Total points for

criterion (i):

30

Further, experience from eligible projects irrespective of

their location, may please be considered in total in line with

other GC-RFP documents of other metros such as Nagpur

& Mumbai, without specific weight ages to JICA projects.

We understand, MPMRCL has not tied up with any

funding agency till now, hence in our opinion experience

from JICA funded projects may not be needed, rather this

condition would limit the competition of GC and funding

agencies in future. Further, as explained in the above para,

weightage for this item may be revised to 15 marks in line

with other GC-RFP documents of other metros such as Mumbai (MMRDA) & Nagpur.

May pl. consider.

Points

(i) Experience of the Consultants relevant


b. Experience of comparable size, complexity and technical

specialty carried out

Overseas/India/ JICA funded

anywhere in the world.

15

Total points for criterion (i): 15

Addendum is being

issued separately

22. Section 2,

Part II, of

Data Sheet,

clause 19(i)

40 Data Sheet on Page 40 of RFP Document

Criteria ,Sub Criteria and Point System for

the evaluation have been indicated as

below:-

Experience of the Consultants relevant

eligible assignment.

a) Experience of International projects of


technical specialty - 15 points

It is clarified under clause 19.1 Attachment 1: For data

Sheet on Page 43 of RFP Document that Relevant eligible

assignments shall be projects of General Consultancy

/General Engineering Consultancy/Project Management

Consultancy for Metro/ LRT. Projects of Detail

Design/Feasibility/Detailed Project Report shall not be

considered as eligible projects.

The criteria fixed as above for these projects appears to be

different from the earlier GC Projects implemented through

JICA financing in India like Mumbai Metro Line 3 and

Provision of RFP

shall prevail.

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b) Experience in India - 10 points

c) Experience in JICA funded projects : 5

points

recently awarded Ahmadabad Metro Projects. Also these

criteria do not suffice or fulfill the requirement of ODA

Guidelines of JICA standard RFP. As per standard RFP

under Japanese ODA Loans for QCBS selection Process

and Clause 14.2 Page No. DS-4 guidelines for the

employment of consultants under Japanese ODA Loans,

April 2012, the criteria of the Experience of the

Consultants relevant to assignments is as under:

a) Experience of International projects of

comparable size, complexity and technical specialty.

b) Experience in Developing Countries

under comparable conditions.

c) Experience in Japanese ODA Projects

Also the experience in developing countries and Japanese

ODA Projects should not be limited to the experience in

metro / LRT projects only. The experience of any

infrastructural projects as sole consultant or member of

joint venture / consortium in developing countries during

last 7 years should also be considered.

23. Section 2, Part II, of

Data Sheet,

clause 19(iii)

41 Evaluation of CVs No marks have been allotted for International Experience of Expatriate Staff – Please Clarify

As per Provision of RFP.

24.

Section 2,

Part II, of

Data Sheet,

clause

19(i)(b)

43

Experience in India

The number of points for projects to be

assigned shall be determined considering as

mentioned below

Eligible Projects in India as a sole

consultant/ lead member/ member of joint

venture/consortium, in which fee excluding

indirect taxes valued at not less than INR

800 million (INR 80 crore) have been

received by the member of the

The invitation is for International bidding with experience

in Similar assignment worldwide and not limited to India.

The concept of GC has come from JICA and only 3‐4 GC

projects are there in India namely – Delhi Metro Phase I &

II, Chennai Metro, Bengaluru Metro, Kolkata East West

Corridor & Ahmedabad Metro. All of them are ongoing

and only 1 or 2 are complete.

It is a known fact that presently 2‐3 firms have experience

in India and this competition shouldn’t be restricted only

for them by this clause.

We are presently working in Design as well as GC

projects of Metro in India for 7 projects for last 7 years.

We feel this should be accounted and not restricted to GC

projects.

The JICAs ODA guidelines for SRFP doesn’t relates to

the Experience in India it is Experience in Developing

Provision of RFP

shall prevail.

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Countries.(Refer Guidelines for the Employment of

Consultants under Japanese ODA Loans, April 2012

Clause 14.2 Page No DS-4)

As per the JICAs guidelines for ODA projects the

evaluation criteria under the Experience in Developing

countries doesn’t relates to the fee received under Metro

GC Projects.

As per the JICA guidelines the weightage is based on the

number of the projects carried out in developing

countries or the years of the experience of the sole consultant or member of joint venture/consortium in

developing countries.

So it is kindly requested to amend the criteria of

experience in India as experience in developing countries

as per the JICAs Standard Request for Proposals (SRFP)

under Japanese ODA Loans for the QCBS selection

process with the criteria or Experience of Metro Projects

in India for Design & Project Management.

25. Section 2,

Part II, of

Data Sheet,

clause 19 (i)

43 Experience of the Consultants to the

relevant eligible assignments

“Relevant eligible assignments shall be

projects of General Consultancy/ General Engineering Consultancy/Project

Management Consultancy for

Metro/ LRT”.

As per our understanding the experience of LRT shouldn’t

be accepted as most of the LRTS are at-grade only which

doesn’t suffice the current scope which is completely

elevated section.

So it kindly requested to consider the experience of Metro

GC projects only under eligible assignments category.

Provision of RFP

shall prevail.

26. Section 2,

Part II, of

Data Sheet,

clause 19(i)

43 Section 2, Data Sheet, Attachment 1 :

For Data Sheet, Clause 19(i)

*Relevant eligible assignments shall be

projects of General Consultancy / General

Engineering Consultancy/Project

Management Consultancy for Metro/ LRT.

Projects of Detail

Design/Feasibility/Detailed Project Report

shall not be considered as eligible projects.

Sir, as you appreciate, the conceptual, planning, design,

development and execution genesis of any rail based Mass

Transportation System is from railways only, and for that

very reason, today the majority of the metro experts in

India and Abroad are primarily Railway Engineers. Hence

we request you to consider the experience of GC/PMC

from Railway and High Speed Railway projects also to be

included in to the category of eligible assignments. Further

the General Engineering Consultancy involves lot of Design review, Planning, Suggest Alternate Solutions

during execution, apart from procurement and construction

supervision. As such the GC team should have very good

knowledge of Detailed Design Review, Detection of

faults/mistakes, Suggest most cost effective and innovative

designs, which otherwise will lead to major failures, cost

overruns and ultimately long delays. Therefore, we suggest

Provision of RFP

shall prevail.

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you to consider experience of Detailed Design of Metro /

LRT / HSR / Railways also to be included in to the

category of eligible assignments, has been considered in

the recent GC projects of Lucknow Metro, Nagpur Metro

and Mumbai Metro.

27. Section 2,

Part II, of

Data Sheet, clause 19(i)

43 Experience in India for relevant eligible

assignment

As per clause: Person should have worked on

LRT/METRO projects in India where a fee received is

more than 90 Cr (definition of eligible projects).

We feel that it is impossible to find a person with this

criterion because even if a person has experience of

Metrorail in India, he will not be able to indicate total fees

received till date.

We request you to consider: Experience in India for

Metrorail/MRTS projects.

Provision of RFP

shall prevail.

28. Section 2,

Part II, of

Data Sheet,

clause 19 (i) (a)

43 Eligible projects are the relevant eligible

assignment* projects of Metro/LRT in

which fee excluding indirect taxes valued

at not less than Rs 900 million (Rs 90 Crores) have been received by the

member(s) of the bidding consortium in the

previous 10 years i.e from year 2006 to

2015 up to Dec- 2015.

It is requested that apart from Metro/LRT the eligible

projects should also include the projects done in

transportation sector which includes Railways/Road/ Port/

Inland Water Transport/Airport

Provision of RFP

shall prevail.

29. Section 2,

Part II, of

Data Sheet,

clause

19(i)(a)

43 Section 2, Data Sheet, Attachment 1: For

Data Sheet, Clause 19(i)a.

Experience of international projects

of comparable size, complexity and

technical specialty

1

5

Sir, as already reasoned in the above point (2), the success

of projects of this nature would depend mostly on the

qualification and experience of the team involved in, rather

than the number of such assignments carried out by a

firm/consortium in the past by deploying a totally different

team of experts. We would agree to your proposed

condition provided, the same firm/consortium deploys the

same team, which they had engaged in all their earlier

projects during in the past 10 years. Hence we feel awarding full points to a bidder offering / claiming the

experience from highest number of eligible projects would

not be good in the interest of the project. Rather we suggest

that the maximum number of eligible projects to ascertain a

firm’s experience from eligible assignment may be limited

to 5 (Five) projects as has been done in the recent GC

projects of Nagpur Metro and Mumbai Metro.

Provision of RFP

shall prevail.

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The number of points to be assigned

shall be determined considering the

following:

The Bidder having done and claimed

highest numbers of eligible projects

Eligible projects are the relevant

eligible assignment* projects of

Metro/ LRT in which fee excluding

indirect taxes valued at not less than

Rs 900 million (Rs 90 crore) have

been received by the member(s) of

the bidding consortium in the

previous 10 years i.e. from year 2006

to 2015 up to Dec 2015.

30. Section 2,

Part II, of

Data Sheet,

clause

19(i)(a)

43 Section 2, Data Sheet, Attachment 1:

For Data Sheet, Clause 19(i)a.

The Bidder having done and claimed

highest numbers of eligible projects for

carrying out consulting services similar to

the ones requested under this assignment

will be awarded full points( i.e. 15

points). Points for other Bidder will be

awarded proportionately with respect to the

highest number of eligible projects.

Sir, as already reasoned in the above paras, the success of

projects of this nature would depend mostly on the

qualification and experience of the team involved in,

rather than the number of such assignments carried out

by a firm/consortium in the past by deploying a totally

different team of experts. We would agree to your

proposed condition provided, if the same firm/consortium

deploys the same team, which they had engaged in all their

earlier projects carried out about 10 years back. Hence we

feel awarding full points to a bidder offering / claiming

the experience from highest number of eligible projects

would not be good in the interest of the project. Rather

we suggest that the maximum number of eligible

projects to ascertain a firm’s experience from eligible

assignment may be limited to 5 (Five) projects as has

been done in the recent GC projects of Nagpur Metro

and Mumbai Metro.

Relevant Pages of GC-RFP document are also attached

herewith for your ready reference please. Kindly consider.

Provision of RFP

shall prevail.

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31. Section 2,

Part II, of

Data Sheet,

clause

19(i)(a)

43 Experience of International projects of

comparable size, complexity and technical

specialty –

We request that a threshold of 5 similar projects should be

used as a benchmark for full marks. All of the companies

that will bid for this project are large and fully capable

companies with proven track records.

We believe that having proportionate marking for number

of projects performed will lead to a disproportionate

advantage for firms that manage to submit more projects

and certificates, with no additional benefit to the client or

to the project and will take the emphasis away from the proposed projects to past projects.

The benchmark set is already very high and will ensure

only the most qualified firms can bid and no further

splitting of marks is needed (precedent has been set in the

latest projects of Nagpur and Mumbai Line 3 / Line 7)

Provision of RFP

shall prevail.

32. Section 2,

Part II, of

Data Sheet,

clause

19(i)(a)

43 Eligible projects are the relevant…….have

been received by the member(s) of the

bidding consortium……….Dec 2015

Please confirm if the fee received of INR 900 million for

the eligible assignment during the previous 10 years must

have been received by an individual member that is

claiming that experience for this bid.

It is Fee received by

the member (s) of the

bidding

consortium/JV or fee

received by a sole

participant.

33. Section 2, Part II, of

Data Sheet,

clause

19(i)(b)

43 Data Sheet on Page 43 of RFP document under heading experience in India it is

stated that the number of points for projects

to be assigned shall be determined

considering eligible projects in India as a

sole consultant/ lead member/ member of

joint venture/consortium, in which fee

excluding indirect taxes valued at not less

than INR 800 million (INR 80 crore) have

been received by the member of the

bidding consortium in the previous 07

years i.e from year Jan 2009 to Dec 2015

In this connections we wish to draw your kind attention towards Guidelines for the Employment of Consultants

under Japanese ODA Loans, April 2012 Clause 14.2 Page

No DS-4

The JICAs ODA guideline for SRFP doesn’t relate to the

Experience in India it is Experience in Developing

Countries. As per the JICAs guidelines for ODA projects

the evaluation criteria under the Experience in Developing

countries doesn’t relate to the fee received under Metro GC

Projects. Also the weight age is based on the number of the

projects carried out in developing countries or the years of

the experience of the sole consultant or member of joint

venture/consortium in developing countries.

Hence we propose that Under Clause 19 sub clause 19

(i) b Section 2: (Part- II) Selection Procedure - Data

Sheet on Page 43 the criteria of experience in India may

please amended as experience in developing countries

as per the JICAs Standard Request for Proposals

(SRFP) under Japanese ODA Loans for the QCBS

selection process.

Provision of RFP shall prevail.

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34. Section 2:

(Part -II)

Selection

Procedure -

Data Sheet

(Attachment

1: For Data

sheet)

General

44 The tender requires a Strategic/Financial Consultancy team

at Headquarters mentioned in the Annexure III (A) which

is a first of its kind in GC. It is requested that a separate

scoring should be kept for bidders having experience as

strategic/Financial consultancy or as Owner Support Office

in similar eligible projects with minimum fee of INR 100

million i.e. INR 10 Crore.

Provision of RFP

shall prevail.

35. Section 2:

(Part -II) Selection

Procedure -

Data Sheet

(Attachment

1: For Data

sheet)

General

44 Implementation of 5D BIM is a specialized activity and

past experience of the bidder will help in successful implementation of the digital platform envisaged by

MPMRCL. It is requested that separate marks for

experience in implementing 5D BIM in international

projects should be allotted and included in scoring

Provision of RFP

shall prevail.

36. Section 2,

Part II, of

Data Sheet,

clause

19(i)(c)

44 Adequacy of the proposed methodology

and work plan

Please specify the sub-criteria and point system for the

evaluation of this criterion

Methodology – 10 points

Work plan – 8 points

Organization staffing -2 points

It is sub-criteria and

point system of

criteria 19 (ii).

37. Section 2,

Part II, of

Data Sheet,

clause 19(iii)

49 Age Limit Criteria:

As such there is no age limit for proposed

Key Experts. However 25% of the Points

shall be reduced for any proposed Key

Expert as mentioned below;

―Project Director/ Project Leader/Project

Coordinator‖ and Dy. Project Director/

Project Leader‖ as listed at Sr. No. K-1 and

K-2 above respectively, aged more than

70 Years as on date of submission of

proposal.

All the other Key Experts aged more

than 65 Years as on date of submission of

proposal.

We understand that the Age Limit for the Project Director/

Project Leader/Project Coordinator and Dy. Project

Director should not exceed more than 70 years and the

age limit for the other Key Experts should not be more

than 65 years. Beyond the above age limit there will be the

deduction of 25% of the point. Pl confirm.

It is kindly requested to keep the age limit for all the key

staff for the evaluation purpose as 70 Years as on date of

submission of the proposal.

The projects under multilateral funding institutions

don’t have any age limit criteria provided the candidate is

medically fit to take the assignment.

Provision of RFP

shall prevail.

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38. Section 2,

Part II, of

Data Sheet,

clause 19(iii)

49 Age limit criteria:

As such there is no age limit for proposed

Key Experts. However 25% of the Points

shall be reduced for any proposed Key

Expert as mentioned below;

- “Project Director / Project Leader /

Project Coordinator” and “Dy. Project

Director / Project Leader” as listed at

Sr. No. K-1 and K-2 above

respectively, aged more than 70 Years

as on date of submission of proposal

- All the other Key Experts aged more

than 65 Years as on date of

submission of proposal.

It is requested that for certain functions like OHE and

signaling for which suitable staff are scarce the age limit

may be please relaxed to 70 years.

Provision of RFP

shall prevail.

39. Section 2,

Part II, of

Data Sheet, clause 19

(iii) (1)

49 General qualifications for Key Experts The general qualification given in Attachment III (B) does

not seem relevant to the qualification given in evaluation

criteria in Data Sheet. We request you to amend it.

General qualification

is relevant to

qualification given in the evaluation

criteria, yet to further

clarify addendum is

being issued

separately.

40. Section 2,

Part II, of

Data Sheet,

clause

19(iii)(1)

49 General Qualifications (30%) We request the threshold to be a degree in engineering,

with 85% marks for a diploma holder. This will enable the

client to have access to a larger number of qualified

professionals with real project execution experience.

Alternatively client may choose to request a Master’s

degree for a limited number of top positions.


41. Section 2,

Part II, of

Data Sheet,

clause 19

(iii) (1)

49 General qualification – 30%

*Engineering graduate in respective field

for all engineers

*Diploma…….

Experience in India

- 10%

We request Engineering graduates in respective field shall

be assigned 90% of full points instead of 85% of full points

&

Diploma of three years duration shall be assigned 75%

instead of 50%

Experience in India may be granted 15% weightage instead

of 10%

Provision of RFP

shall prevail.

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42. Section 2,

Part II, of

Data Sheet,

clause 19

(iii) (1)

49 Section 2, Data Sheet, Attachment 1 :

For Data Sheet, Clause 19(iii).1

General Qualification – 30%

For Post graduate (or higher) in

engineering/ Master of Business

Administration after engineering

graduation, in respective field for all

engineering positions and Post-graduation

or acceptable professional qualification or

Master of Business Administration after graduation in respective field for all non-

engineering positions will be assigned full

points

Since the GC scope involves lot of planning also, the Post-

Graduation in planning after Graduation Engineering may

also be included and the clause may please be modified as

below:

For Post graduate (or higher) in engineering/ planning/

Master of Business Administration after engineering

graduation, in respective field for all engineering positions

and Post-graduation or acceptable professional

qualification or Master of Business Administration after

graduation in respective field for all non-engineering positions will be assigned full points.

Provision of RFP

shall prevail.

43. Section 2,

Part II, of

Data Sheet,

clause 19(iii)

(2)

50

Section 2, Data Sheet, Attachment 1 :

For Data Sheet, Clause 19(iii).2)

Adequacy for the assignment – 50%

Working in the same rank or equivalent

(type of work) in the task assigned for

minimum 5 years, full points will be

assigned


(type of work) in the task assigned for

minimum 3 years up to 5 years, 50% of full

points will be assigned


(type of work) in the task assigned but less

than 3 years, no points will be assigned

We request for removal of this criteria. Most

professionals after having worked in a certain rank

for 5 years would justifiably expect some level of

promotion or higher rank and not prefer to move

to a similar rank. If such a condition is required

we request minimum 5 years in one rank below

The referred clause stipulates same rank or

equivalent. But in the industry different designations are being used for a same nature of

job with same seniority level. Hence we request

you to consider the total experience and its

relevance to the present job, rather than the

designation/rank in previous assignments while

evaluating the expert eligibility/capability.

Further, we suggest that for non-core expert

positions such as Safety Engineer, Safety

Inspector, Chief Environment Expert,

Environment Engineer, Utility Engineer,

Multimodal Transport Planner, Chief Geotechnical Expert, Head Strategic / Financial Expert, Real

Estate / PPP Expert, Transport Economist, etc.,

the experience from their relevant filed would be

sufficient, and experience from metro rail sector is

not mandatory.

Please consider.


44. Section 2,

Part II, of Data Sheet,

50 Adequacy for the assignment – 50%

Working – full copy from tender (i)………

We request the MPMRCL may please consider to modify

the clause as referred under: a) Working in one rank below in the task assigned for

Provision of RFP

shall prevail.

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clause 19(iii)

(2) sub point

(ii)

(ii)…..

(iii)……..

minimum 5 years, full points will be assigned.

b) Working in one rank below (type of work) in the task

assigned for minimum 3 years upto 5 years, 50% of full

points will be assigned..

c) Working in one rank below (type of work)_ in the task

assigned but less than 3 years, no points will be assigned.

45. Section 2,

Part II, of

Data Sheet,

clause 19(iii)(2)

50 Adequacy for the assignment;

“Type of Work”

We assume that “type of work” means Metro/LRT

projects for all positions except for civil positions like

Chief Contract, Chief Quality, Chief Track, Chief

Environmental Expert and Chief Structure Expert-

Elevated, where Railway/infrastructure projects can be

considered. Kindly confirm.

Provision of RFP

shall prevail.

46. Section 2,

Part II, of

Data Sheet,

clause 19(iii)

page no 49

49 Familiarity with the language and condition

of country 10%

We request that this criteria be removed. The language of

the project implementation will be in English and India is a

country with many regional languages and cultures.

Also, given the large number of metro projects being

implemented in India and limited expertise available

globally and in India, it is more and more difficult to find

staff with experience in India without affecting ongoing

projects and clients within India.

We believe removal of this criterion will not affect even in

the least the quality of staff being provided for the project, or the project implementation. Good experts generally are

able to perform in any condition and country, even if they

have no prior experience in this region.

Addendum is being

issued separately.

47. Section 2,

Part II, of

Data Sheet,

clause

19(iii)(3)

50 Familiarity with language Since the language is English, we request for this to be

removed and the points redistributed to general experience

Addendum is being

issued separately.

48. Section 2,

Part II, of

Data Sheet,

clause

19(iii)(4)

50 Experience in India Experience in India may be waived off for any staff who is

an expatriate. This will allow fresh experienced engineers

to be proposed to add to the pool of engineers currently in

India.

Addendum is being

issued separately.

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49. Section 3,

Short listing

of

Consultant,

clause 4.1

56 The Applicants may be a single entity or a

JV/consortium, joining together to assist

MPMRCL in implementing the project. In

case of group of entities the number of

substantial JV/consortium partners shall not

be more than total 5 (partners having less

than 10% participation will be termed as

non-substantial member and will not be

considered for evaluation which means that

their financial soundness and work experience shall not be considered for

evaluation of JV/Consortium).

It is requested to clarify that whether a non-substantive

partner provides Key Staff for evaluation purpose.

Provision of RFP

shall prevail.

50. Section 3,

Shortlisting

of

Consultant,

clause 4.1

56 Clause 4.1: The Applicants may be a

single entity or a JV/consortium, joining

together to assist MPMRCL in

implementing the project. In case of group

of entities the number of substantial

JV/consortium partners shall not be more

than total 5 (partners having less than 10%

participation will be termed as non-

substantial member and will not be

considered for evaluation which means that their financial soundness and work

experience shall not be considered for

evaluation of JV/Consortium). The

JV/consortium as a whole must satisfy both

Technical and Financial eligibility criteria

but the substantial partners will be jointly

and severally responsible. The eligibility

criteria are as under:

In view of the volume of work involved and to carry out

the work in a most cost effective manner, lot of

inputs/resources from a non-substantial partner, preferably

an Indian firm engaged in business of similar nature would

be required. Hence participation percentage of such Non-

Substantial partner in a consortium shall be up to 20%.

May please be considered.

Provision of RFP

shall prevail.

51. Section 3,

Short listing

of

Consultant,

clause 4.2.2

56 -

57

Share of Lead Member in a consortium/JV. As per clause 4.1 total no. of members are 5, accordingly

we request you to limiting the share of Lead Member to –

“Not less than 26%” in view of others share.

Addendum is being issued separately.

52. Section 3, Shortlisting

of

Consultant,

clause 4.3

57 Work experience : The applicants

Similar consultancy work means a

General/Project consultancy work

pertaining to Metro/LRT System.

The applicant must be

National…../LRT System.

We request that LRT system shall be deleted, wherever the same is stated in the RFP.


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53. Section 3,

Shortlisting

of

Consultant,

clause 4.3

57 Work experience Please confirm that in case of a consortium, if one member

has an similar consultancy work of INR 1900 million in

their home country and another member of the consortium

has done similar consultancy work of INR 900 million

outside their home country, then this will meet the

eligibility criteria under 4.3 Work experience, given that

the bidders are jointly and severally liable.

Provision of RFP

shall prevail.

54. Section 3,

Shortlisting

of Consultant,

clause

5.1.(iii)

59 T3- Annual turnover: The average annual

turnover from consultancy works of last ten

financial years should be more than INR 470 millions

The turnover requirement very low vis a vis the work

experience required in the clause 4.3 of Section 3:

Shortlisting of Consultant. It is requested that the average annual turnover from consultancy works should be

increased to atleast INR 1500 million

Provision of RFP

shall prevail.

55. Section 3,

Shortlisting

of

Consultant,

Pro-Forma-

1, clause 5

67 Bullet 5th: Please provide details of pending

litigation….

We feel there is some formatting error. As answer to this

question can’t be Y or N. Please see Annexure-

5: Pending Litigation

on page no.81 and

kindly submit the

same as per

applicability.

56. Section 3,

Short listing

of

Consultant,

Pro-Forma-

2, clause 3

68 Extent of participation (including

deployment of major plant items and key

personal) by each member

As the scope under current tender is for General

Consultancy and it does not warrant any deployment of

major plant items, kindly delete the sentence Major plant

items.

Agreed, Addendum is

being issued

separately.

57. Section 3, Short listing

of

Consultant,

Annexure-1,

clause 1

72 For applicants by Joint ventures/consortium ….. Each member of group shall sign the

letter

Please clarify, this letter of application to be signed by all the consortium partners or by the authorized lead partner

Letter of application will be signed by the

authorized

representative

appoint by lead

member of

consortium /JV.

58. Section 3,

Short listing

of

Consultant,

Annexure-7,

87 Financial Data for last 10 years We would request you to kindly consider data for last 5

years, maximum – since it will be make the Bid

unnecessarily very loaded with 10 years of Annual Report

for multiple Consultancies in JV

Moreover, Audited Balance Sheet for the Financial Year, 2015-16 may not be available, so in that case, we would

If Balance Sheet for

the F.Y. 2015-2016 is

not audited then

provisional Balance Sheet duly signed by

the Statutory Auditor

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request you to consider last 5 years, from the Financial

Year 2014-15

/authorized

representative of

management shall be

submitted.

59. Section 3, Shortlisting

of

Consultant,

Annexure-8,

Note No. 8

89 We understand that Bank certificate is required only if Enough liquidity as per the RFP is not available in Balance

sheet. Please clarify.

Agreed.

60. Section 3,

Shortlisting

of

Consultant,

Annexure-

8A,

90 Bank Certificate We understand that each JV Partner need to provide

separate Bank Certificate. Banker of JV Partners may not

be the same and in that case, the “text for JV Members”,

may not be relevant.

Agreed. In that case

each JV member has

to submit separate

Bank Certificate/

Banking reference to

fulfill the requirement as per provision of

the RFP.

61. Section 4,

Technical

proposal,

Tech-2(B),

Note

98 Notes: In terms of ITC 15 (read with 19.

(i).a. of Attachment 1 to Data Sheet,

Eligible projects are the similar projects of

Metro/ LRT System in which fee

excluding indirect taxes valued at not less

than Rs. 900 million

We understand that the Client Certificate generally

includes the Complete Fees – it will be impossible to have

a Certificate Issued by Client, by removing Indirect Taxes

from the Fees. We would request you to kindly accept the

total fees.

Total fee excluding

indirect tax can be

certified by the

Statutory

Auditor/authorized

representative of the

management.

62. Section 4,

Technical

proposal,

Tech-2(B), Note No.

4(b),

99 In case the year wise break-up of received

consultancy fees not mentioned in client

certificate than the average received

consultancy fees per year may be considered. However, the total received

consultancy fees of the Firm and claiming

member (or percentage of claiming

member) must be mentioned in client

certificate, same can also be certified by

statutory auditor and produced as proof.

Please note that Statutory Auditor will not sign such

Averaged out Payment Details. We would request you to

kindly allow the “Head of Accounts” for International

Consultants to sign for such information.

Documents related to

average received

consultancy fees/year

wise breakup of received consultancy

fees can be certified

by statutory

auditor/Internal

auditor/certified

chartered accountant.

63. Section 4,

Technical

proposal,

Tech-4, (b)

103 Work Plan In order to draw the appropriate work plan for the

consultancy services is it possible to know the

procurement schedule of the contractors

Work plan could be

drawn as per time line

provided in section-6:

Term of reference

and Attachment –I

and Attachment-II of the same.

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64. Section 4,

Technical

proposal,

Tech-7, Note

No. 3

109 One (1) month equals twenty four (24)

working days ……

The purpose of the Form FIN-3 …..(one

day being equivalent to 1/30th of a month)

We understand that working days will be 24 day/month and

5.5 day/week. Please confirm the rest day (Sunday) and

public holiday of MPMRCL are applicable to GC and are

paid holidays.

As per provision of

RFP Sunday’s,

Second and Third

Saturday will be

holidays. Public

holidays of

MPMRCL are not

applicable to GC thus

will be working days

for GC and if these days being declared

holidays by

MPMRCL for GC

then it will not be

paid holidays.

65. Section 4,

Technicl

proposal,

Tech-9,

111 TECH-9: Deployment Schedule As there is already a prescribed format as “Tech-7 Expert

Schedule”, which will show the complete deployment of

GC Staff. So we feel that Tech-9 should be deleted. Further

the denotation mentioned for On-site and Back Office

Deployment shall be used in “Tech-7 Expert Schedule”.

Provision of RFP

shall prevail.

66. Section 4,

Technicl proposal,

Tech-10,

112 TECH-10: Acknowledgement of

Compliance

We feel these are some formatting error. There should be

“OR” between clause B and C. Kindly clarify.

Provision of RFP

shall prevail. However letter “B”

mentioned

immediate before/

above to point No. C

will be replaced by

letter “C”.

67. Section 4,

Financial

proposal,

FIN-2

117 FIN-2

Summary of costs

(1) We request to include reimbursable components of

works like duty travel to site, Rent of GC offices, office

supplies, utilities &Misc, Office equipment. Reports

&documents printing, drawings, Mobilization &

demobilization of International experts.

Office space of approximately 1500 sq.m floor area. We understand the following will have to be considered for

overheads telephone/mobile charges, security,

housekeeping. Cost of furnishing, air-conditioning as

required, maintenance, cleaning repairs, water charges

electricity charges, security, insurances& other services for

office accommodation.

(2) Estimated Remuneration of foreign Personnel &

There is no separate

provision for

Reimbursable items,


Remuneration and

other overheads

which Includes provisional sums,

allowances and any

other expenses etc.



details of overhead

expenses shall be

submitted.

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Mobilization & demobilization charges shall be included in

the financial proposal

Addendum regarding


being issued

separately.

68. Section 4,

Financial

proposal,

FIN-2

117 Financial Form As per prescribed financial Forms given in

RFP, there is no form which can be used for showing

reimbursable part. Further if we overload the reimbursable

part on remuneration, it will also attract replacement

penalty. All GCs have such formats for financial proposal.

So we request you to provide the form for reimbursable

part also, as it is very necessary


provision for

Reimbursable items,


Remuneration and

other overheads

which Includes provisional sums,

allowances and any

other expenses etc.



details of overhead

expenses shall be

submitted.

Addendum regarding


being issued separately.

69. Section 4,

Financial

proposal,

FIN-2

117 Summary of cost No provision for out of pocket expenses

duty travel to site, office equipment’s and maintenance,

mobilization and demobilization cost for experts, office

supplies etc.) made. Kindly provide the formats for the

same. Also how are these expense paid

(reimbursable/fixed).


provision for Re

reimbursable items,


Remuneration and

other overheads

which Includes

provisional sums,

allowances and any

other expenses etc.


for FIN-3D, in which details of overhead

expenses shall be

submitted.

Addendum regarding


being issued

separately.

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70. Section 6,

TOR, clause

1.8

126 Arranging training of O&M staff of

MPMRCL

Please confirm that training costs for training of MPMRCL

personnel are not to be included in the financial offer and

that these will be paid separately.

All cost towards

scope of work has to

be mentioned in the

financial offer

formats (FIN1- FIN

3D) provided in the

RFP.


Remuneration and

other overheads which Includes

provisional sums,

allowances and any

other expenses also.



details of overhead

expenses shall be

submitted.

Addendum regarding

format for FIN-3D is being issued

separately.

71. Section 6,

TOR, clause

1.3

and

Section 6,

TOR, clause

4.1.3

124

and

128

offices, residential and commercial

complexes

Outline of buildings for head and branch

offices, and control centers

Please provide the details of Offices, Residential and

Commercial Complexes which are there in the scope of

work of GC

Offices, Residential

and Commercial

Complexes will be

developed as part of

property development

towards non fare box

revenue measures.

72. Section 6,

TOR, clause

4.1

127 4.1 Review and supplement the details

given in DPR of Bhopal & Indore

Metro Rail Project as available with MPMRCL - Effective Date (ED) + 01

month.

4.2 Inception Report ( ED + 1 months)

4.3 Design Basis Report ( ED + 1.5

months)

4.4 Project Planning, Progress and

Schedule Management ( ED + 1.5

months)

Any work can’t be started before 01 month, as mobilization

period (minimum). We request you to update the target

dates as; 4.1 Review and supplement the details given in DPR of

Bhopal & Indore Metro Rail Project as available with

MPMRCL - Effective Date (ED) + 02 month.

4.2 Inception Report (ED + 3 months)

4.3 Design Basis Report (ED + 3 months)

4.4 Project Planning, Progress and Schedule Management

(ED + 3 months) – needs many meeting

4.5 Business Plan and Financial Strategy (ED + 04

Provision of RFP

shall prevail and it is

further clarified that time line proposed

are indicative in

nature and it will be

finalized by the client

before signing of the

contract.

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4.5 Business Plan and Financial Strategy(

ED + 03 months)

4.6 Identification of non-fare box revenue

models and undertake their

Technocomic feasibility studies,

financial analysis, business modeling

and optimizing fare-box revenue.( ED

+ 03 months)

4.7 Legal and IEC/PR Services

4.8 Organization, Governance and set up of Control Room (ED + 02 months)

4.9 Design and Tender document

preparation & assistance in selection

of contractors/suppliers: (ED + 02

months)

4.9.2 Preparation of Tender design and

Tender documents for procurement

of Systems, Rolling Stock, Track

and Depots for Bhopal & Indore

Metro Project will include but not

limited to:- ( ED + 02 months) 4.9.3 Selection of contractors/suppliers.

4.9.4 Negotiations with Tenderers (ED

+ 05 months).

4.10 Preparation of Various Plan ( ED +

04 months)

16 Digital Platform for Project

management ( ED + 04 months)

months)

4.6 Identification of non-fare box revenue models and

undertake their Techno comic feasibility studies,

financial analysis, business modeling and optimizing

fare-box revenue.( ED + 04 months)

4.7 Legal and IEC/PR Services

4.8 Organization, Governance and set up of Control Room

(ED + 03 months)

4.9 Design and Tender document preparation & assistance

in selection of contractors/suppliers: (ED + 04 months) – when approval is not more than 2 weeks

4.9.2 Preparation of Tender design and Tender

documents for procurement of Systems, Rolling

Stock, Track and Depots for Bhopal & Indore

Metro Project will include but not limited to:- ( ED

+ 06 months) – when approval is not more than 2

weeks

4.9.3 Selection of contractors/suppliers.

4.9.4 Negotiations with Tenderers (ED + 08 months).

4.10 Preparation of Various Plan ( ED + 06 months)

16 Digital Platform for Project management ( ED + 06 months)

73. Section 6,

TOR, clause

4.1

127 Effective Date (ED) + 01 months …. As the mobilization of the team and setting up of GC

operation requires to 2 to 3 months, the time lines for

delivery of this activities is not realistic. Time line of

minimum 9 – 12 months is required for inception to tender

design and award. Request to revise the time line for

delivery of these activities.

Provision of RFP


further clarified that

time line proposed

are indicative in

nature and it will be finalized by the client

before signing of the

contract.

74. Clause 4.2

Section 6

129 As far as personnel not present on sight and

working from Back office their man

months shall be finalized in the

consultation with the consultant.

Deployment Schedule will be flexible &

will be monitored on monthly basis& can

be amended as per need & requirement of

We understand that this Consultation and Finalization shall

happen at the stage of the Contract signing. Please confirm

Provision of RFP

shall prevail.

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the project.

75. Clause

4.12.1.1

Section 6

138 Site Visit: It should be noted that though

the responsibility for correctness,

completeness and adequacy of the works

constructed by the contractors and for

compliance with statutory obligations

remain with the contractors, GC will be

responsible for any deficiency in the

performance of the contractors

We understand that GC should be held responsible for their

own mistakes. GC should not be made accountable for

Contractor’s mistakes. Please clarify

Provision of RFP


further clarified that

if work, reports etc.

have been verified

/checked /vetted/

supervised/monitored

/ evaluated etc. by the

GC, in that case GC

shall also be responsible.

76. Section 6,

T&R /

Clause 4.14

142 Training of Personnel of MPMRCL

We request MPMRCL to kindly confirm that for such

training that GC participation is not required. In case GC

participation is required, how will MPMRCL reimburse

travel/lodging other costs. Will there be any provisional

sum if yes, kindly indicate the amount.


Remuneration and

other overheads

which Includes

provisional sums,

allowances and any

other expenses also .


for FIN-3D in which

details of overhead expenses shall be

submitted.

Addendum regarding


issued separately.

77. Clause 4.14,

Section 6

142 Training of Personnel of MPMRCL We assume, Training will be given in Project/Head Office

(Bhopal) class room and no out station training is expected.

Kindly clarify.

As per requirement

along with office

training, out-station

training shall also be

imparted by the GC.

78. Clause 4.14

of TOR,

Section 6

142 Training of Personnel of MPMRCL

GC will plan and design the training

modules for personnel of MMRDA in

operation, maintenance and repairs of

various equipment and plants supplied by

various suppliers, at OEM’s premises. GC

will also plan and design training modules

for these personnel and their trainers in

operation, maintenance and repairs of the system as a whole and will provide training

It may please be clarified whether it will comprise of

training of MPMRCL staff through on-the-job training or

through structured training program.

In case, the Consultants are to provide structured training

for the MPMRCL Staff, a provisional sum may please be

provided to meet this expenditure and for similarity in bids.

Training will

comprise both

structured and on the

job training and any

other training

required for

comprehensive

discharge of duties by

MPMRCL officials and employees.

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to them in these areas. The training will

have to be arranged before commencement

of the trials and will continue upto

commissioning of the system.

All the cost towards

training etc has to be

quoted in the FIN-2

on the basic of FIN-

3D.

79. Pg. 143,

Clause

4.15.2.4

And Pg. 145

Clause 4.15.2.19

Page No.

144 Clause

4.15.2.11.

Pg. 207 ,

Part IV

Appendices -

Appendix B

or Serial 3

143,

144,

145,

207

Reports and Documents

Please clarify, if we need to submit the following reports:

Procurement Report

Completion Report

We understand that Bid Evaluation Report and Tender

Evaluation Report are one and the same. Please Clarify

Yes, procurement

report and completion

reports are to be

submitted along with

other reports mentioned in the

RFP.

Yes

80. Section 6,

Terms of

Reference Clause

4.16.1 (last

two bullet

points)

147 The consultant GC will prepare road traffic

diversion plans in consultation with traffic

police authorities to ensure that traffic flow is not hampered during construction.

The consultant GC will prepare workable,

proper, ‘muck disposable plans’ in

consultation with relevant authorities,

These activities are normally to be carried out by the

contractors. Kindly confirm that GC will only oversee

contractors carrying out of the above mentioned tasks.

GC will assist/Guide

contractors in

preparing traffic diversion and muck/

debris deposable plan

and also oversee

contractors carrying

out above mentioned

tasks.

81. Clause 6.2,

Section 6,

Terms of

Reference

150 Depending on the pace of the progress on

the project, MPMRCL may require GC to

adjust and regulate the deployment of their

personnel. A notice period of 1 month for

local personnel and 2 months for expatriate

personnel shall be given for their

demobilization and remobilization

We understand that this demobilization and mobilization is

related to the personnel with intermittent input and not for

long term experts. Please Confirm.

It will be very difficult to retain Personnel, to be deployed

for longer term, with frequently demobilization and

mobilization

Provision of RFP

shall prevail.

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82. Clause 16

Section 6:

Terms of

Reference

153 Digital Platform for Project Management

(ED+ 04 months)

The timelines mentioned for the implementation of the

digital platform for project management are very stringent.

Based on our experience it should be changed. It is

requested that the timelines for implementation of Digital

Platform for Project Management should be ED + 06

months instead of ED + 04 months

Provision of RFP

shall prevail.

83. Clause 18.1,

Section 6:

Terms of Reference

153 Services and Facilities to be provided by

MPMRCL to GC;

Client will provide reasonably furnished office space for key resources as described

in TECH3.

We request you to specify the area of office to be provided

by MPMRCL in each city.

We understand that MPMRCL will provide reasonable space of GC staff with all necessary requirements (i.e.

Furniture, Electricity, Telephone etc) and whatever

required for completion of work. If additional space will be

required by GC, the expenses will be reimbursed by

MPMRCL. Kindly clarify?

We partly agree,

MPMRCL will

provide reasonably furnished office space

for GC staff at head

office and in city

offices. Rest of the

arrangement has to be

done by GC.

84. Section 6,

Terms of

Reference

Clause 18.1,

153 Client will provide reasonably finished

office space for key resources as described

in TECH3.

Please provide the details of office space area and the

facility to be provided by MPMRCL

MPMRCL will

provide reasonably

furnished office space

for GC staff at head

office and in city

offices. Rest of the arrangement has to

done by GC.

85. Attachment

III(A), Page

162 – 168

Section 6,

Terms of

Reference

162-

168

Positions and Number of Man-Months for

Staff.

As per the positions given in RFP for Support staff, We

assume that the Security and Housekeeping staff will be

provided by MPMRCL for both city level/ state level team

of GC. Kindly clarify.

Also there is no Support staff considered for Head Office

Team. Please clarify, whether this team will be supported

by MPMRCL in term of support staff like IT, Admin.

Security and

Housekeeping staff at

the offices will be

provided by the

MPMRCL and GC

will arrange for

support staff for head

office /GC will

arrange for Security,

support staff for Head

office and Housekeeping staff,

In this regard

Addendum is being

issued separately.

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86. Pg. 162 , 166

-

Attachment

III(A),

Section 6,

Terms of

Reference

162,

166

Referring to Attachment III (A)

# NK-10 – Sr. Property Development

Planner

# K-44 – Head Strategic/ Financial Expert

# K-47 – Transport Economist

We would request the following should be international

positions

Provision of RFP

shall prevail

87. Section 6,

Terms of

Reference Attachment

III (A)

162 Chief Testing Commissioning Expert -

Local

We understand that we need to have International Expert in

this position, since that will add lot of value to the project

Provision of RFP

shall prevail.

88. Section 6:

Terms of

Reference

Attachment

III (A):

162 ----- It is requested that the positions for 5D BIM should be

included in the strategic/financial consultancy team which

are as under:-

1.5D BIM expert

2. 5D BIM manager

Agreed , Addendum

is being issued

separately.

89. Section 6:

Terms of Reference

Attachment

III (A):

162 Chief Safety Expert - Local We understand that we need to have International Expert in

this position, since that will add lot of value to the project

Provision of RFP

shall prevail.

90. Section 6:

Terms of

Reference

Attachment

III (A):

166

K-47 – Transport Economist We believe that the man-months for position is excess at 48

man-months. We request to curtail the man-months to an

appropriate duration

Provision of RFP

shall prevail.

91. Section 6:

Terms of

Reference Attachment

III (B):

173 -- It is requested that the post qualification experience for

non-key staff in Strategic/Financial consultancy team

should be reduced from 10+ years to 6-8 years of experience with 2-3 years of Assignment relevant

experience

Provision of RFP

shall prevail.

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92. Section-6,

TOR

176 Diploma candidate shall have 5 years more

experience to the Performance shown

against each position in attachment III(B)

We request Diploma candidate shall have 3 years more

experience instead of 5 years mentioned in the clause.

Please modify.

Provision of RFP

shall prevail

93. Clause 4.1,

Page 128, Pg 182 Clause

1.1.9 Pg 185

Clause 2.1,

Clause 2.3.1

, 2.3.2 Pg

189 Clause

2.9.5 Pg 127

Clause 4.1

182,

185, 189,

127

Effective Date (ED) Kindly clarify what is mean by “Effective Date(ED) –

Signing of contract”.

It has been clearly

defined in Clause -2.1 page 185 of GCC.

94. Section 7(

Part II)

Clause 2.3.2,

185 Availability of Key experts We request to consider 60 days for effective date for

substantial mobilization of key experts

Provision of RFP

shall prevail.

95. GCC

General

Provisions

Clause 2.8

187 Suspension

The Client may, by written notice of

suspension to the Consultant, suspend all

payments to the Consultants hereunder if

the Consultants fail to perform any of their

obligations under this Contract, including

the carrying out of the Services, provided

that such notice of suspension (i) shall

specify the nature of the failure, and (ii) shall request the Consultants to remedy

such failure within a period not exceeding

thirty (30) days after receipt by the

Consultants of such notice of suspension.

Such suspension may be revoked on proof

of remedial action by the consultant to the

satisfaction of the Client.

Client has right to suspend but contract does not accord the

same rights to consultant.

Please confirm if this point can be subject to discussion at

negotiation.

Provision of RFP

shall prevail.

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96. GCC

General

Provisions

Clause 2.8,

187 The Client may, by written notice of

suspension to the Consultant, suspend all

payments to the Consultants hereunder if

the Consultants fail to perform any of their

obligations under this Contract, including

the carrying out of the Services, provided

that such notice of suspension (i) shall

specify the nature of the failure, and (ii)

shall request the Consultants to remedy

such failure within a period not exceeding thirty (30) days after receipt by the

Consultants of such notice of suspension.

Such suspension may be revoked on proof

of remedial action by the consultant to the

satisfaction of the Client.

We request to modify as;

The Client may, by written notice of suspension to the

Consultant, suspend corresponding/disputed payments to

the Consultants hereunder if the Consultants fail to perform

any of their obligations under this Contract, including the

carrying out of the Services, provided that such notice of

suspension (i) shall specify the nature of the failure, and (ii)

shall request the Consultants to remedy such failure within

a period not exceeding thirty (30) days after receipt by the

Consultants of such notice of suspension. Such suspension may be revoked on proof of remedial action by the

consultant to the satisfaction of the Client.

Provision of RFP

shall prevail.

97. Clause 2.9.1.

(g), Section

7 GCC

188 If the Client, in its sole discretion and for

any reason whatsoever, decides to

terminate this Contract.

We request you to delete the clause. Provision of RFP

shall prevail.

98. GCC 2.9.2

(a), (b)

Section 7 (

Part II)

GCC

188 By the Consultant

The Consultant may terminate this

Contract, by not less than twenty-eight (28)

days written notice to the Client, in case of

the occurrence of any of the events

specified in paragraphs (a) & (b) of this

Clause GCC 2.9.2.

(a) If, as the result of Force Majeure, the

Consultant is unable to perform a material

portion of the Services for a period of not

less than fifty-six (56) days.

(b) If the Client fails to comply with any final decision reached as a result of

arbitration pursuant to Clause GCC 8.

The causes available to consultant for terminating the

contract are very restrictive. Consultant should have the

right to terminate for prolonged suspension, breach of

obligation and non-payment of undisputed invoices.

Please confirm that these points could be considered during

negotiation phase.

Provision of RFP

shall prevail.

99. Section 7(

Part II)

Clause 2.9.2,

page 188

188 1.1.1. By the Consultant

The Consultant may terminate

this Contract, by not less than

twenty-eight (28) days written

notice to the Client, in case of

the occurrence of any of the

Please include the following

“If employer fails to pay any money due to the consultant

pursuant to this contract and not subject to dispute pursuant

of clause 2.9.6 here of within forty five days(45) after

receiving the written notice from consultant that such

payments are overdue”

Provision of RFP

shall prevail

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events specified in paragraphs

(a) & (b) of this Clause GCC

2.9.2.

(a) If, as the result of Force

Majeure, the Consultant is

unable to perform a material

portion of the Services for a

period of not less than fifty-

six (56) days.

(b) If the Client fails to comply

with any final decision

reached as a result of

arbitration pursuant to Clause

GCC 8.

100. GCC, 2.9.5

Section 7

(Part – II)

189 Upon termination of this Contract pursuant

to Clauses GCC 2.9.1 or GCC 2.9.2, the

Client shall make Remuneration pursuant

to Clause GCC 6.2 for Services

satisfactorily performed prior to the

effective date of termination, and

In case of termination, and I case this is not due to

consultant’s fault, the consultant should be paid for

reasonable costs incurred due to the termination and

liquidating contract.

Please confirm if this point can be subject to discussion at

negotiation.

Provision of RFP

shall prevail

101. Pg. 191,

Clause 3.4

(e) (ii)

Section 7 (

Part III) SCC

Sr.No. 6 Page No.202

191

&

202

that the ceiling on Consultant‘s liability

shall be limited to the amount indicated in

the SCC, except that such ceiling shall not

apply to actions, claims, losses or damages

caused by Consultant‘s gross negligence or

reckless conduct

No Amount is indicated in the SCC – Please Clarify.

Kindly define gross negligence

As per provision of

SCC the ceiling on

consultant’s liability

shall be limited to the

amount of the

Contract in type and

proportion of the currency.

Gross negligence

refers to serious

carelessness, it

could be defined as:

(i) “Gross negligence is

a conscious and

voluntary disregard

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of the need to use

reasonable care,

which is likely to

cause foreseeable

grave injury or

harm to persons,

property, or both. It

is conduct that is

extreme when

compared with ordinary negligence

, which is a mere

failure to exercise

reasonable care.

102. Clause 3.4

(f), Section

7 (Part – II)

192 Upon request of the Client, the Consultant

shall, at its own cost and expense, re-

perform the Services in the event of

Consultant‘s failure to exercise the skill

and care required under Clause GCC 3.1.1.

We request you to modify the clause as;

Upon request of the Client, the Consultant shall, at its own

cost and expense, re-perform the corresponding part of

Services in the event of Consultant‘s failure to exercise the

skill and care required under Clause GCC 3.1.1

Agreed.

103. Pg 192 , GCC, Cl 3.6

(ii), Section

7 ( Part II)

192 shall periodically permit the Client or its designated representative, and up to five

years from the expiration or termination

of this Contract, to inspect the same and

make copies there of as well as to have

them audited by auditors appointed by the

Client, if so required by the Client as the

case may be

We request to remove this clause - permitting client to audit records of the consultant up to five years from the

expiration or termination of contract, since it is very

difficult to maintain such documents for such a long

duration

Provision of RFP shall prevail

104. Section – 7,

Part 2 Clause

5.3 Page 196

and

Section -7,

Part IV,

Appendices

– Appendix

F

196

&

208

Appendix-F- Format may please be furnished. Appendix-F client

will provide

reasonably furnished

office with security

and housekeeping

facilities both at head office and in cities

and data as per

availability.

Addendum is being

issued separately.

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105. Clause 6.4,

Page 197

Section 7

(Part – II)

197 Any payment under this Contract shall be

made in Indian National Rupees as

specified in the SCC.

As per NIT, it is an international competitive bidding. We

request you to consider price in multiple currency like

USD/EURO/JAPANESE YEN/INR.

We request you consider that payment to consultant shall

be made in the same currency in which they will submit

their offer.

Provision of RFP

shall prevail.

106. Clause

6.5(c), Page

197 Section 7( Part II)

197 The Client will pay the Consultant‘s

invoices within Forty Five (45) days after

the receipt by the Client of such itemized invoices with supporting documents.

We request you to kindly consider that;

The Client will pay the Consultant‘s invoices within

Thirty (30) days after the receipt by the Client of such itemized invoices with supporting documents.

Provision of RFP

shall prevail.

107. Clause 9.1,

Page 199

Section 7

( Part II)

199 Liquidated Damages for error

/variation:-

In case any error or variation is detected in

the reports submitted by the Consultant and

such error or variation is the result of

negligence or lack of due diligence on the

part of the consultant, the consequential

damages thereof shall be quantified by the

client in a reasonable manner and recovered from the Consultant by way of

deemed liquidated damages.

As there is no such clause in previous RFPs floated for

similar type ongoing GC works, so we request you to

please delete this clause.

Provision of RFP

shall prevail

108. Clause 9.2,

Page 199

Section 7

( Part II)

199 In case of delay in submission of each

deliverables beyond two weeks from the

due date of

submission of deliverable, liquidated

damages not exceeding an amount to 0.5 %

(Zero point five percent) of the agreement

value will be imposed and for further delay

of every week additional penalty of 0.25 %

the agreement value shall be imposed and

recovered by the appropriation from the Performance Security or otherwise.

However, in case of delay due to reason

beyond the control of Consultant, suitable

extension of time will be granted, subject to

a maximum of 5% (five per cent) of the

Agreement Value

Please confirm whether or not this 5% cap is on the

extension of time rather than on the penalty.

Please also confirm that you will allow a cap of 5% on the

penalty itself.

Addendum is being

issued separately.

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109. Section 7

Part III

SCC, Clause

7

202 (d) In the event of any defect coming to the

notice of the Client/Consultant during the

liability period in terms of Clause 3.4 of

GCC, and in the eventuality of the

Consultant failing to get it rectified, the

Client will forfeit the amount of the

performance security, provided that the

defect that is the cause of the forfeiture of

the performance bond/security bid effect

that is due to the actions or omissions of the Consultant in accordance with the

Consultant's scope of works and as finally

and conclusively decided by the Client.

Please confirm that the conclusion of the client is

provisional, and can be challenged by dispute settlement

mechanism under Clause 8

Provision of RFP

shall prevail.

110. Section 7 of

Part III

,Contract

conditions

SCC/ Clause

7

Clause 2.9.7

/ 3.4g

202 a) The performance security will be 5%

……..but in any case not later than 10

(ten) days from the date of issuance of

letter of acceptance

We request that Performance Guarantee in the form of

Bank Guarantee shall be submitted within any case not

later than 20 (twenty) days from the issuance of letter of

acceptance.

Provision of RFP

shall prevail

111. Section 7 of Part III

,Contract

conditions

SCC Clause

6, Page 202

202 The ceiling on Consultant’s liability shall be limited to the amount of the Contract in

type and proportion of the currency.

We request you to please update the clause as; The ceiling on Consultant’s liability (including liability

under clause 9 of GCC) shall be limited to the amount of

the Contract in type and proportion of the currency.

Provision of RFP Shall Prevail

112. Section 7 of

Part III

Clause 7 (a),

Page 202

202 The performance security will be 5% of the

Contract amount from an Indian Scheduled

Bank in form set forth in Appendix J (in

the Indian National Rupees) shall be paid

by the consultant. Immediately, but in any

case not later than 10(ten) days from the date of issuance of Letter of Acceptance.

We request you to please update the clause as;

The performance security will be 5% of the Contract

amount from an Indian Scheduled Bank in form set forth in

Appendix J (in the Indian National Rupees) shall be paid

by the consultant. Immediately, but in any case not later

than 30 (thirty) days from the date of signing of contract.

Provision of RFP

shall prevail.

113. Section 7 of

Part III SSC

Clause 7 (C),

Page202

202 The Client reserves the right to forfeit the

performance security amount, in breach of

any liability of the Consultant, or in the

event of termination of the Contract in

accordance with Clause 2.9 of GCC

including all its sub-clauses but excluding

Clause 2.9.1(e).

We request you to delete the clause. Provision of RFP

shall prevail.

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114. S.no 10 of

SCC (GCC

clause 4.6),

203 Replacement of Key Personnel

It is stated that, for the reasons other than

death, prolonged illness requiring change

of physical location which shall be duly

certified by a medical practitioner

registered with Government Authority,

remuneration to the key personnel will be

reduced by 10% for each replacement.

However in case replacement of the key

personnel’s happens more than 10% every year, there will be penalty of 0.25% of

overall man months payable to the GC

In this regard, it is submitted that all the Consultants try

their level best to keep the proposed key personnel but due

to unavoidable circumstances beyond their control,

substitutions are needed. Also as per normal practice followed by all renowned agencies like World Bank, ADB,

AfDB etc. in all other ongoing projects in respect of

Replacement of Key personal the Client accept

replacement with equivalent or better qualification and

experience and at a same rate of remuneration.

Hence, the Client is requested to kindly accept replacement of key personnel with equivalent or better qualification and

experience and at a same rate of remuneration without any

penalty.

We Partly agree ,

Addendum is being

issued separately

115. Section 7,

Part III

Contract

conditions SCC, Clause

7 Point (d)

203 The risks & the coverage………………..

Validity of PII shall be upto 3 years beyond

date of completion

We request that validity of PII shall be up to one year

beyond the date of completion i.e. (48 months + 1 year

defect liability )

Provision of RFP

shall prevail.

116. Part III

Clause 8, (d),

Page 203.

SCC, Section

7 (Part – III)

203 Project specific professional liability

insurance policy with a minimum coverage

equal to remuneration estimated. Global

cover with specific mention of coverage of

GC contract for MPMRCL will be

acceptable. Validity of P.I.I shall be up to 3

years beyond date of completion.

We request you modify the existing clause as ;

Professional liability insurance policy with a minimum

coverage equal to remuneration estimated. In case of

JV/Consortium, Umbrella cover of individual Firms

will be acceptable. Validity of P.I.I shall be up to 1 year

beyond date of completion.

Provision of RFP

shall prevail.

117. Part III

Clause 8, (d),

Page 203 . SCC, Section

7 (Part – III)

203 Project specific professional liability

insurance policy with a minimum coverage

equal to remuneration estimated. Global cover with specific mention of coverage of

GC contract for MPMRCL will be

acceptable. Validity of P.I.I shall be up to 3

years beyond date of completion.

Please confirm whether consultant could submit a policy

that is renewed annually.

Please confirm whether in case of Joint Venture, the members can choose to each be covered separately for the

project by their separate insurer.

As per provision of

the RFP.

118. Part III

Clause 9, (d),

Page 203 .

SCC, Section

7 (Part – III)

203 The Client is entitled to use the documents

prepared by the Consultant under this

Contract for other projects, without prior

written permission of the Consultant.

We find that this clause is not standard practice. The

consultant will prepare the documents for a specific project

with the specific data from that project. Other projects will

not have the same characteristics. Please delete this clause

or confirm that the client will indemnify and hold harmless

the Consultant for any use outside the project

Provision of RFP

shall prevail

119. Clause 10,

Page 203 ,

203 Replacement of key experts (whose CV is

to be evaluated at proposal stage) will

Please confirm that the 10% penalty on the replacement is

imposed only on the fee for the first month of the

Penalty will be

imposed on each

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Section 7

Part III of

SCC

generally not be entertained. Team leader

& Deputy Project leader could only be

replaced in case of death or medical

incapacity. If the key personnel are

required to be replaced on the instruction of

the Clients (due to reasons of performance)

or own its own by the consultant at the time

of initial deployment or subsequently the

key personnel are replaced by the

consultant, for the reasons other than death, remuneration of key personnel will be

reduced by the 10 % for each replacement.

However in case of replacement of key

person happens more than 10% every year,

there will be additional penalty of 0.25% of

overall man months payable to GC. In any

case replacement should not take more than

15 (Fifteen) days otherwise additional

penalty of 1% of overall man months will

be imposed for each week.

replacement.

Please confirm that the consultant is allowed to make at

least a certain number of replacements per year before the

10% penalty will be imposed.

Please confirm that the 1% penalty imposed for delay in

deploying replacement shall be imposed on overall man

months of the personnel replaced only.

man months.

Up to 10%

replacement will also

be subjected to

imposition penalty.

Yes

120. Part III

Clause 8, (d), Page 203 .

SCC, Section

7 (Part – III)

203 Project specific Professional Liability

Insurance Please confirm that PII’s can be provided by each

company separately to the extent of their share in the consortium fee.

Request to reduce the validity to one year beyond the

date of completion.

Agreed.

It shall be as per

provision of RFP

121. Clause 13

6.2 of SCC,

Page 204

Section 7

(Part – III)

204 Adjustment of remuneration We request you to provide escalation for foreign currency

also.

Provision of RFP

shall prevail.

122. Clause 13 of

SCC, Page

204, Section

7 (Part – III)

SCC

204 Escalation

As per SCC Clause No.13, it is mentioned

that the reimbursable amounts will not be

liable for escalation and the escalation for

remuneration shall be provided as per

formula mentioned therein. The adjustment

will be made in 12 months intervals only.

As per recent guidelines issued by Ministry of Road

Transport & Highways, Government of India vide their

letter no. RW-NH-35071/2/2013-S&R(B) dated 25th

February 2014, it has now been communicated that

escalation @ 5% per year (after every 12 months starting

from 13th month) will, henceforth, be extended to cover all items of the Contract i.e. remuneration, all miscellaneous

items and expenses etc. and NOT only remuneration.

This should be made applicable in this RFP.

Provision of RFP

shall prevail.

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123. Clause 13 of

SCC, Page

204, Section

7 (Part – III) SCC

204 Adjustment of Remuneration Please provide the formula for foreign currency Provision of RFP

shall prevail.

124. Section-7

(Part

iii)Contract

conditions –

SCC S.No.14 /

clause of

GCC 6.3

205 The client warrants that…... is necessary. We request the service tax shall be paid to the Consultant

for all payments as applicable as per Govt. norms on

production of documentary proof for having remitted the

same.

Agreed.

125. Clause 16

6.5 (a) , Page

205 Section

7 (Part III)

SCC

205 Advance Payment. As there is no provision for adjustment of advance stated in

SCC, So we propose to amend it as;

Such advance shall be interest free and shall be recovered

in 24 installment starting 6 months after first invoice.

Advance payment

shall be interest free

and will be recovered

in 12 installments.

126. Clause 16 6.5 of SCC,

Page 205

Section 7

(Part III)

205 Advance Payment

As per Clause no. 16 of Special Conditions of Contract, an interest free advance

payment @ of 5% of contract value shall

be paid to the Consultant on submission of

advance payment guarantee.

In this regard, the amount of 5% of contract value is very low and the consultant needs more fund to mobilize their

staff on the project site. Hence, the Client is requested to

kindly increase this amount to 10% of the contract value

(including reimbursable costs).

Provision of RFP

shall prevail

127. General Whether a firm, who has purchased the tender document in

their name, can submit the tender in joint

venture/consortium (where it is not lead). Or is it necessary

to purchase the document form Lead member and submit it

from Lead member of consortium only?

Kindly clarify

Any members of the

Consortium/JV can

purchased the tender

document but has to

be submitted by the

lead member only in

case of

consortium/JV

128. General -------------- We request that the copy of the approved DPR shall be

given

It is clarified that

executive summery of

the DPRs is already

provided in the RFP.

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129. General Non-Substantial Partners Are there any restrictions on positions and number of staff

to be deployed by non-substantial partners?

Non-Substantial

Partners can deploy

the staff subject to

provision of the RFP

130. General JV/consortium of partners Since the biding is in JV/consortium. We request you to

clarify that whether the client will treat the JV as an AOP

for all the purposes (e.g. invoicing, payment etc.).

It is clarified that all

invoices etc shall be

submitted by the lead member and all

payment shall made

to lead member only.

131. General Payments to the consultants/JV/Consortium Since the biding is in JV/consortium. We request you to

clarify that whether the payments to JV members

separately or all payment to lead member.

All payment will be

made to lead member.

132. General General Qualifications Please specify which principle should be considered when

evaluating the academic qualifications of foreign

professionals, with particular reference to European and

USA nationals. In particular please confirm that the

European Master’s Degree in Engineering is considered a

Post graduate title.

European master

degree in Engineering

will be considered

Post Graduate title.

133. General Which RFP to be used for submission of Bid RFP with provision of 3 Envelops as per

ITC section 2 part (i)

and provision of

FIN- 3D under FIN –

2 : summary of cost

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shall be used for

submission of Bid.

134. General Kindly covey last date for request of clarification

submission on proposal document by the consultants

Till 23rd May 2016

(15:30 Hrs) request

for clarification(s)

can be submitted to

the client.

(Jitendra Dubey) (Vijendra Nanavati)

(Kamal Nagar)

(Sanjay Shrivastava)

E-in-C and Director

Technical

MPMRCL

Technical Advisor

MPMRCL

OSD (Transport)

UAD

CFO,

MPMRCL

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Annexure -1

Madhya Pradesh Metro Rail Co Limited

List of Participants

Representatives: Consulting Firms/Organizations

S. No. Name Organization

1 Mr Sandip Ray Systra

2 Mr. Devesh Goyal AECOM

3 Mr. Abhinav Shrivatava Egis

4 Mr. Parvendra K Chouhan Egis

5 Mr. Sumit Kathare Khatib & Alami

6 Mr. M Murthy AARVEE

7 Mr. B B Sankaram AARVEE

8 Mr. Jai Bundila Geodata Engg. S.P.A

9 Mr. Ashish Dasgupta AYESA

10 Mr. Varun Sharma PwC

11 Mr. Nishanth Pai DB Engineering & Consulting GmBH

12 Mr. Krishna k Singh Ramboll India Private limited

13 Mr. R.C Rohtas TUV SUD South Asia

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14 Mr. Mukul Pandey Infra tech Pune

15 Mr Vishal Shrivastava ICT

Representative: Urban Administration and Development & Madhya Pradesh Metro Rail Co Limited.

1 Mr. S.S. Rajpoot Director Technical, MPUDC

2 Mr. J. K. Dubey E-in-C/Director Technical, MPMRCL

3 Mr. Vikas Mishra Additional Commissioner, UAD

4 Mr. Vijendra Nanavati Technical Advisor, MPMRCL

5 Mr. Kamal Nagar OSD (Transport), UAD

6 Mr. Sanjay Shrivastava CFO, MPMRCL & Financial Advisor, UAD

7 Mr. Anoop Vijay Chartered Accountant, MPMRCL

8 Mr. Sandeep Jain Company Secretary, MPMRCL

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