KPL/OP/CT/IE/2014
KAMARAJARPORT LIMITED
REPLIES TO THE PRE-PROPOSAL QUERIES RAISED IN RESPECT OF THE TENDER FOR APPOINTMENT
OF INDEPENDENT ENGINEER FOR THE PROJECT “DEVELOPMENT OF CONTAINER TERMINAL AT
KAMARAJAR PORT ON DBFOT BASIS”
S.
No
1.
Clause No./
Page No.
Clause No.2.2.2
Pg.No.21
(Conditions of
Eligibility of
Applicants)
Clause Descriptionin the
Queries / Clarifications sought
Clarification by KPL
document
B.E. (Civil) or equivalent with Kindly
modify
educational Refer
amendment
specialization in Structural qualification for Team Leader to:- attached.
Engineering.
B.E. (Civil) or equivalent with
specialization
in
Structural
Engineering / Port Planning.
2.
Clause No 3.1.4,
Pg.No.41(Eligible
Assignments)
Development
of
Port
Infrastructure
having
an
estimated
capital
cost
(excluding land) of at least
Rs. 289.60 crore (Rupees
Two Hundred Eighty Nine
Crore and Sixty lakhs only)
in case of a project in India,
and US $ 144.80 million (US
Dollar One Hundred Forty
Four point eighty million) for
projects elsewhere; For the
purpose of this RFP, Port
Infrastructure
would
be
deemed to include, on-shore
and
off-shore
terminals,
REPLY TO QUERIES
We understand that Capital Yes. Confirmed.
dredging projects at major ports
with offshore marine piling works
for navigational towers will also
be considered within the scope of
port
infrastructure
projects.
Kindly confirm.
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KPL/OP/CT/IE/2014
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Clause No./
Page No.
3.
Clause No.7.5,
Pg.No.52 (Time
and Payment
Schedule)
4.
General
5.
Clause No 3.1.4,
Pg.No.41(Eligible
Assignments)
REPLY TO QUERIES
Clause Descriptionin the
document
berths, jetties, quays, cargo /
container handling system,
port based terminal facilities,
CFS/ICDs,
Queries / Clarifications sought
Clarification by KPL
The total duration of Service
of the Independent Engineer
shall be until completion of
6 months from the date of
Commercial Operation of the
Project.
The
Consultant
shall
deploy
its
Key
Personnel
as
per
the
Deployment
schedule
proposed.
We
understand
that
the
commercial operations referred
here pertain to Phase I. The total
duration for IE assignment will be
33 (i.e. 27 + 6) months from
signing of Concession Agreement.
Kindly confirm.
Yes. The commercial
operation referred here
pertains to Phase I
only.
The
total
duration
of
IE
assignment will be 33
months (i.e. 27 + 6)
from the Date of Award
of Concession to the
Concessionaire.
For
the
purposes
of
determining Conditions of
Eligibility and for evaluating
the Proposals under this
RFP,
engineering
consultancy assignments in
respect of monitoring and
supervision of construction,
for the following projects
shall be deemed as eligible
assignments (the “Eligible
Assignments”):
i.
Development of Port
Infrastructure
having
an
Kindly extend the submission of Bid submission due
bid by 3 weeks
date extended to 07th
July 2014.
Requesting to relax the eligibility Refer
amendment
criteria for the cost of project only attached
for fulfilling the Design and/or
PMC parameters.
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KPL/OP/CT/IE/2014
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Clause No./
Page No.
REPLY TO QUERIES
Clause Descriptionin the
document
estimated
capital
cost
(excluding land) of at least
Rs. 289.60 crore (Rupees
Two Hundred Eighty Nine
Crore and Sixty lakhs only)
in case of a project in India,
and US $ 144.80 million (US
Dollar One Hundred Forty
Four point eighty million) for
projects elsewhere; For the
purpose of this RFP, Port
Infrastructure
would
be
deemed to include, on-shore
and
off-shore
terminals,
berths, jetties, quays, cargo /
container handling system,
port based terminal facilities,
CFS/ICDs,
OR
ii.
Any project involving
construction or supply and
erection
of
Mechanical
Handling Equipments and
having an estimated capital
cost (excluding land) of at
least
Rs.
724.00
crore
(Rupees
Seven
Hundred
Twenty Four crore only) in
case of a project in India,
and US $ 362.00 million (US
Dollar Three Hundred and
Sixty two million) for projects
Queries / Clarifications sought
Clarification by KPL
3
KPL/OP/CT/IE/2014
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Clause No./
Page No.
Clause Descriptionin the
document
elsewhere.
Queries / Clarifications sought
Clarification by KPL
Provided that the Applicant
firm claiming credit for an
Eligible Assignment shall
have, prior to Proposal Due
Date, received professional
fees of at least Rs. 72.40
Lakh (Rupees Seventy Two
Lakhs and Forty thousand
only) for such assignment,
and where credit is being
claimed by a Key Personnel,
she/he
should
have
completed
the
relevant
assignment prior to Proposal
Due Date.
Provided further that if the
Applicant firm is taking
credit
for
an
Eligible
Assignment
which
was
undertaken for a private
sector
entity,
such
assignment shall have been
completed prior to Proposal
Due Date and the Applicant
shall
have
received
professional fees of at least
Rs. 1.45 crore (Rupees One
Crore and Forty Five Lakhs
only).
REPLY TO QUERIES
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Clause No./
Page No.
Clause Descriptionin the
document
Queries / Clarifications sought
Clarification by KPL
6.
Clause 7.4. xiii.
Pg.No.51 (Review
of Designs,
Drawings and
documents)
The Independent Engineer Is charges for testing shall be No.
shall carry out, or cause to included in our offer?
be carried out, all the Tests
specified hereto and issue a
Completion Certificate or
Provisional
Certificate, as
the
case
may
be,
in
accordance
with
the
provisions of the Agreement.
 Checking
the
Design
details and the execution
of work as per the
standard
codes
of
practices.
 Relevant
tests
on
construction
materials
like cement, steel, metal
and sand as per the
standard
codes
of
practices.
7.
Clause 7.7,
Pg.No.53
(Consultancy
Team)
8.
Clause 7.7 a,
Pg.No.53 and
Clause 4.6,
Pg.No.103
Port Engineer cum Team
leader/ Project Manager
Minimum Time required on
site – Total duration of the
services
Resident Team Leader and
Project Manager
The person designated as the
Team
Leader
of
the
Consultant‟s Personnel shall
REPLY TO QUERIES
Does the total duration means Refer Clause 7.5.1.
the entire project duration of 27
months?
In Clause 4.6, it is stated that in Refer amendment with
addition, the Consultant shall respect to Clauses2.1.4
designate a suitable person as and 7.7.1.
Project Manager (the “Project
Manager”)
who
shall
be
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KPL/OP/CT/IE/2014
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No
9.
Clause No./
Page No.
Clause 4.4,
Pg.No.102
(Substitution of
Key Personnel)
REPLY TO QUERIES
Clause Descriptionin the
document
be
responsible
for
the
coordinated,
timely
and
efficient functioning of the
Personnel. In addition, the
Consultant shall designate a
suitable person as Project
Manager
(the
“Project
Manager”) who shall be
responsible for day to day
performance of the Services.
The Authority expects all the
Key Personnel specified in
the Proposal to be available
during implementation of the
Agreement. The Authority
will
not
consider
any
substitution of Key Personnel
except
under
compelling
circumstances beyond the
control of the Consultant and
the concerned Key Personnel.
Such substitution shall be
limited to not more than two
Key Personnel subject to
equally or better qualified
and experienced personnel
being
provided
to
the
satisfaction of the Authority.
Without prejudice to the
Queries / Clarifications sought
responsible for day to
performance of the Services.
Clarification by KPL
day
Does the personnel refereed in
both clauses are same or
different? Kindly clarify.
Kindly relax the substitution from RFP Clause prevails.
2 persons to 4 persons.
6
KPL/OP/CT/IE/2014
S.
No
10.
Clause No./
Page No.
Annex-6 Payment
Schedule,
Pg.No.115
REPLY TO QUERIES
Clause Descriptionin the
document
foregoing, substitution of one
Key Personnel shall be
permitted
subject
to
reduction of remuneration
equal to 20% (twenty per
cent)
of
the
total
remuneration specified for
the Key Personnel who is
proposed to be substituted.
In
case
of
a
second
substitution, such reduction
shall be equal to 50% (fifty
per cent) of the total
remuneration specified for
the Key Personnel who is
proposed to be substituted.
A) Review and approval of DPR
for the entire Project – 5%
B) Phase – I Development
work :
1. Review of Designs and
Drawings,
construction
methodology,
quality
assurance
procedures,
procurement,
engineering
and
construction
time
schedule submitted by the
concessionaire-5%
Queries / Clarifications sought
Clarification by KPL
This payment schedule shows Refer Annexure – III to
that 80% is divided into 8 stages amendment attached
and linked with progress of the for payment schedule.
construction.
We request you to make the
payment in man month basis
based on the actual staff deployed
for this assignment.
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KPL/OP/CT/IE/2014
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Clause No./
Page No.
Clause Descriptionin the
document
Queries / Clarifications sought
Clarification by KPL
2. Review and recommendation
of
the
Operation
and
Maintenance plan prepared
by the Concessionaire – 2%
3. Verification
of
the
Documents on Manufacture
and
delivery
of
the
Container
Handling
Equipments as submitted by
the Concessionaire – 2%
4. Pro-rata percentage payment
for the services of Inspection
of the Construction as per
TOR based on physical
progress of work during
construction (subject to the
stages indicated below) –
80% (divided into stage
payment as under)
Completion of Physicalprogress:
of 30% - 10%
of 40% - 10%
of 50% - 10%
of 60% - 10%
of 70% - 10%
of 80% - 10%
of 90% - 10%
100% - 10%
5. Issue
of
provisional
/
completion certificate for the
Phase – I of the project– 4%
REPLY TO QUERIES
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Clause No./
Page No.
Clause Descriptionin the
document
Queries / Clarifications sought
Clarification by KPL
6. Vetting of as-built drawings
by
the
Independent
Engineer,
Completion
of
work
and
issue
of
completion certificate by the
Kamarajar Port Limited to
the IE for the Phase - I
development work.- 2%
11.
Bid Submission
Date
Last date for submission of Requesting you to kindly extend Bid submission due
bid as per RFP is 30th June the last date for submission of date extended to 07th
bids to 10th July 2014
July 2014.
2014
12.
Clause 2.2.2 B
(Conditions of
Eligibility of
Applicants –
Financial
Capacity)
The Applicant shall have
received a minimum income
of Rs 14.48 crore (Rupees
Fourteen Crore and Forty
Eight Lakhs only) or US $
7.24 million per annum from
professional fees during each
of the 3 (three) financial
years preceding thePDD. For
the avoidance of doubt,
Professional fees hereunder
refer to fees received by the
Applicant
for
providing
advisory
or
consultancy
services
to
its
clients
excluding Service tax.
REPLY TO QUERIES
With regards to the clause 2.2.2 RFP Clause prevails.
(B) on Conditions of Eligibility
based on the financial capacity,
we request that this clause may
be revised to reduce the figure of
Rs. 14.48 crores to Rs. 6crores.
This will help in receiving more
competitive
bids
from
the
specialized firms who mainly deal
in port sector only.
9
KPL/OP/CT/IE/2014
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No
Clause No./
Page No.
Clause Descriptionin the
document
Queries / Clarifications sought
Clarification by KPL
13.
Bid Submission
Date
Last date for submission of We request you to extend the bid Bid submission due
bid as per RFP is 30th June submission date by another 10 date extended to 07th
days.
July 2014.
2014
14.
Clause 5.3,
Pg.No.104,
Change in
Applicable law
If, after the date of this
Agreement, there is any
change in the Applicable
Laws with respect to taxes
and duties which increases
or decreases the cost or
reimbursable
expenses
incurred by the Consultant
in performing the Services,
by an amount exceeding 2%
(two per cent) of the
Agreement Value specified in
Clause 6.1.2, then the
remuneration
and
reimbursable
expenses
otherwise payable to the
Consultant
under
this
Agreement
shall
be
increased
or
decreased
accordingly by agreement
between the Parties hereto,
and
corresponding
adjustments shall be made
to the aforesaid Agreement
REPLY TO QUERIES
Bidder requests to delete the RFP Clause Prevails
following words from the clause
„by an amount exceeding 2%
(two
per
cent)
of
the
Agreement Value specified in
Clause 6.1.2‟
10
KPL/OP/CT/IE/2014
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Clause No./
Page No.
Clause Descriptionin the
document
Value.
Queries / Clarifications sought
Clarification by KPL
15.
Clause 2.26,
Pg.No.38,
Indemnity
The
Consultant
shall,
subject to the provisions of
the Agreement, indemnify
the Authority for an amount
not exceeding 3 (three) times
the value of the Agreement
for any direct loss or damage
that is caused due to any
deficiency in services.
Bidder Requests to reduce the RFP Clause Prevails
liability for loss or damage due to
deficiency in to50% of agreement
value instead of 3 times of the
agreement value as mentioned in
the subject clause.
16.
Clause 6.4,
Pg.No.47,
Miscellaneous
It shall be deemed that by
submitting the Proposal, the
Applicant
agrees
and
releases the Authority, its
employees,
agents
and
advisers,
irrevocably,
unconditionally, fully and
finally from any and all
liability for claims, losses,
damages, costs, expenses or
liabilities in any way related
to or arising from the
exercise of any rights and/or
performance
of
any
obligations
hereunder,
pursuant hereto and/or in
Bidder request
subject clause.
REPLY TO QUERIES
to
delete
the RFP Clause Prevails
As the clause imposes an
embargo on the Consultant from
raising any sorts of claims (in
respect of the Agreement) against
the Authority/Client.
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Page No.
Clause Descriptionin the
document
connection
herewith
and
waives any and all rights
and/or claims it may have in
this respect, whether actual
or
contingent,
whether
present or future.
Queries / Clarifications sought
Clarification by KPL
17.
Clause 2.4,
Pg.No.89,
Expiration of
Agreement
Unless terminated earlier
pursuant to Clauses 2.3 or
2.9 hereof, this Agreement
shall, unless extended by the
Parties by mutual consent,
expire upon the expiry of 6
(six) months from the date of
commercial operations of the
Project
by
the
Concessionaire.
Upon
Termination, the Authority
shall make payments of all
amounts
due
to
the
Consultant hereunder.
Please
confirm
bidder‟s Both the Clauses mean
understanding:
the same.
“As per Clause 2.4 the Agreement
would expire „after 6 months from
the
date
of
commercial
operations‟; whereas, as per
clause 6.3 (d), the services shall
be
deemed
completed
and
accepted only „after completion of
operation phase of 6 months after
issue of completion certificate‟.
Bidder understands that both the
clauses mean the same thing.
18.
Clause 3.12,
Pg.No.101,
Accuracy of
Documents
The Consultant shall be
responsible for accuracy of
the data collected by it
directly or procured from
other
agencies/authorities,
the
designs,
drawings,
Bidder requests to delete the RFP Clause Prevails
second sentence from the subject
clause
“ Subject to the provisions of
Clause 3.4 ….conform to good
industry practice” should be
REPLY TO QUERIES
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KPL/OP/CT/IE/2014
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19.
Clause No./
Page No.
Clause 7.2.1,
Pg.No.106,
Liquidity Damages
for error/variation
REPLY TO QUERIES
Clause Descriptionin the
Queries / Clarifications sought
document
estimates and all other deleted
details prepared by it as part
of these services. Subject to
the provisions of Clause 3.4,
it
shall
indemnify
the
Authority
against
any
inaccuracy in its work which
might
surface
during
implementation
of
the
Project, if such inaccuracy is
the result of any negligence
or inadequate due diligence
on part of the Consultant or
arises out of its failure to
conform to good industry
practice.
The
Consultant
shall also be responsible for
promptly correcting, at its
own cost and risk, the
drawings including any resurvey / investigations.
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
Clarification by KPL
Bidder requests to replace the
RFP Clause Prevails
word “consequential” with “direct”
in the third line of the subject
clause.
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Clause No./
Page No.
20.
Appendix-II, Form
1 & 2, Financial
Proposal
21.
Appendix-II, Form
1 & 2, Financial
Proposal
REPLY TO QUERIES
Clause Descriptionin the
document
consequential
damages
thereof shall be quantified by
the Authority in a reasonable
manner and recovered from
the Consultant by way of
deemed liquidated damages,
subject to a maximum of
50% (fifty per cent) of the
Agreement Value.
Queries / Clarifications sought
As per Form -1 the Fee quoted is
LS and payment terms are related
to this LS fee i.e, the Contract
Price.
In view of this Bidder requests to
clarify the purpose of Form-2 and
Form-3 where-in bidder has to
provide the break-up of costs and
per-diem rate for the Personnel.
Bidder understands that the LS
fee quoted in form-1 should
match with the fee quoted at Item
no. G (TOTAL) in the Form-2.
Clarification by KPL
Refer amendment
attached
Refer amendment
attached
14