section in tender addendum issued s.no clause tender...

S.NoSection in Tender

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Clause Tender Condition Query CMRL CommentsAddendum Issued

(Y/N)

1 Section-2: Instruction

to Bidders,

Cl.No.9, Sub-

clause- 9.4,

A non-Indian firm is permitted to apply only in a Joint Venture or Consortium arrangement,

with a wholly owned Indian subsidiary, which must be registered in India under the

Companies Act – 1956, or with any other Indian firm, which will have a minimum

participation interest of 30%.

Partners having less than 30% participation will be termed as non-substantial partner 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 minimum percentage of participation for `Substantial Members’ in a

JV/Consortium may please be revised as 20%, so that a consortium can have a

maximum of four Substantial Members besides one or two non-substantial partners .

We feel this facilitates formation of an effective JV/Consortium of well experienced

firms with well demonstrated Core Competencies. Further a maximum of three non-

substantial partners with a minimum participation of 5% be permitted in a

JV/Consortium.

May please consider.

Not Agreed.

Tender Conditions Prevail

N

2 Section-2: Instruction

to Bidders,

Cl.No.10, Sub-

Clause-10.1 (g),

All the issued or down loaded Tender documents (all Volumes including addenda &

corrigenda), duly signed and stamped on each page by the authorized representatives of all

parties of the JV/Consortium.

As per RFP provisions all members of the Joint Venture / Consortium, through their

representatives, shall authorize the representative of Lead Member to sign and submit

the bid on behalf of the Joint Venture / Consortium. Therefore, we are of the opinion

that signature on all documents of the proposals including all downloaded tender

documents/addenda/corrigendum by such representative of the Lead Member /

Consortium shall be sufficient, and the referred clause may please be revised

accordingly. Please consider.

Please Refer Addendum. Y

3 Section-3: Scope of

Works,

Cl.No.1.1, The Employer has endeavored to delineate the scope of the Services to be provided by Detailed

Design Consultant in this volume. Such descriptions are not intended to be comprehensive, it

being understood that Design Consultant shall be required, without adjustment or addition to

the fixed rates or maximum compensation agreed to herein, to provide any services, whether or

not listed herein, that are within the scope of its field of professional practice and that are

reasonably inferable as being necessary, or that would be customarily furnished by other

providers of professional services of the type and nature provided for in this Agreement, to

accomplish the Services set forth in this volume. The Consultant shall provide and complete

the Consultancy Services, to the standards and in the manner, frequency, quantity and times

specified in accordance with the Conditions of Contract, except for variations which have been

agreed to in writing by the Employer. DDC shall perform services relating to the Project. The

Scope of the Services is stated in the tender documents..

We request you to kindly specify the nature and extent of services expected from the

Consultant to enable appropriate quoting.

Scope of Work as defined in Scope of Works of the tender

document.

N


Works,

Cl.No.1.5, Review of the present alignment

DDC shall review the present alignment and prepare a review report and submit to CMRL.

The report should be prepared ascertaining the reasonableness, suitability and conformity with

the general Arrangement Plan, profile of general alignment, topo- plans and strategic proposed

station location within Right of Way, location of the stations Entry/ Exit based on Land-Take

Plans and topographical survey.

We believe the Consultant’s scope will be limited to review and preparation of

reports based on the available topographic data only, and the Consultant need not

carry out any topographic surveys.

Kindly confirm.



Works,

Cl.No.1.7, Property Development

Identification of Property Development area within the station structures and, submission of

technical & financial viability report of the proposals excluding commercials. Consultant

should explore the possibility of accommodating negative spaces of metro stations to

accommodate with some abutting public structures or integrate the station building with

adjacent properties as the case arise or civic infrastructure authorities allow to employ

judicious and optimized value engineered solutions to satisfy various public and private

stakeholders and additionally help obtain non-fare box revenue for CMRL. Consultant should

produce architectural and structural design of Property Development area wherever required,

including design of Building Services (MEP, fire Detection & suppression, Air Conditioning,

water supply, sewerage etc. The Property development can be integrated with stations or stand

alone.

We believe the necessary commercials/ revenues from such Property Development

proposals will be furnished by CMRL to assess the Financial Viability.

Kindly confirm.

Kindly indicate the list/names of the stations and standalone locations where Property

Development activities are being envisaged by CMRL.


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Works,

Cl.No.1.12, Geo-technical Investigations

The DDC shall study all subsurface and sub-soil data provided by CMRL which shall be used

for design works.

We understand the DDC’s scope would be limited to only review and interpretation

of Geo-technical Investigation data provided by CMRL and no Geo-technical

Investigation are to be carried out by the DDC Consultant.

Kindly confirm.

Yes N


Works,

Cl.No.2.12, The DDC shall conduct topographical surveys, hydrological surveys, etc. The DDC shall carry

out all necessary analyses and collect any information or data like rain fall, High flood level

(HFL), seismic data etc. which is necessary for its design development. The DDC shall prepare

a report on all survey works undertaken, including checks on mapping, survey stations, co-

ordinates, setting out, etc. A report covering site investigation results in sufficient detail shall

be submitted to Employer/ Employer‘s representative.

Kindly confirm what are the other surveys, being envisaged by CMRL. Please Refer Addendum. Y


Works,

Cl.No.13.3, Proof- checking consultant/ Lead Design Checker/ Checkers

The DDC shall appoint a suitably qualified person(s) ............................

We understand the charges for engaging the Lead Design Checker would be

reimburse by the CMRL separately as actual.

Kindly confirm

Charges for engaging LDC have to be borne by the DDC. N

9 Section-4: Eligibility

& Qualification

Criteria

Cl.No.3, 3. PROJECT TEAM OF THE CONSULTANT- KEY PERSONNEL Sir, in our opinion 100% marks shall be given for the experts possessing desirable

education qualification indicated for various positions in the referred clause.

Therefore we request you to give full marks for the experts possessing desired

qualification.


10 Section 1: NIT, Cl.No.11, Date and Time of submission of Tender

22/03/2018 up to 14:00 hrs

Considering the nature and quantum of work involved, the time given for preparation

and submission of tender seems to be inadequate.

Sir, despite our best efforts to get the client certificates and financial statements from

auditors, it would take more time than expected, as the officials and auditors would

be busy with current financial year closing. Also we need some time for site visits

and assessments.

Further, it would also be time taking for our partners located overseas in getting the

documents translated and certified in time.

In view of the above, we request you to kindly extend the Last Date for Submission

of tender by at least Six Weeks further from the date of issue of replies to pre-bid

queries.

Kindly consider.

Refer Corrigendum N

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11 Section 2, Clause 9.4, A non‐Indian firm is permitted to apply only in a Joint Venture orConsortium arrangement, with a wholly owned Indian subsidiary, which

must be registered in India under the Companies Act – 1956, or with any

other Indian firm, which will have a minimum participation interest of 30%.

Partners having less than 30% participation will be termed as nonsubstantial

partner 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.

Can a wholly owned Indian Subsidiary which is duly registered in

India under the Companies Act – 1956 participating with its foreign

(parent) entity which is operating through its branch office in India

need to qualify individually or it can use the technical and financial

credentials of its parent entity?

Please clarify.

If participating as sole bidden/JV member any company need to

qualify individually and it can not use the Technical and

Financial credentials of its parent entity,unless the parent entity

is also a member of JV

N

12 Section 2, Clause 14.1, A Tender Security in the form of a Bank Guarantee for the amount

mentioned in NIT, from a Public sector undertaking bank based in India of

contractor’s choice will be required to be submitted with each tender, with

a validity period of 208 days from the last date of submission of tender and

with a provision that it shall be suitably extended on the request of CMRL.

This Bank Guarantee shall be in the format included in bidding forms

section 6 of tender documents.

We request the client to kindly replace Public sector undertaking

bank based in India to any scheduled bank in India.

Not agreed. Y

13 Section 3, Clause 1.2,

&

Clause 2.12,

All available design data available in Detailed project Report such as

topographic surveys, utility surveys, commuter traffic data etc. &

geotechnical information shall be made available to the Detail Design

Consultant at the appropriate time after award of work as requested in

writing by the consultant.

&

The DDC shall conduct topographical surveys, hydrological surveys, etc.

The DDC shall carry out all necessary analyses and collect any information

or data like rain fall, High flood level (HFL), seismic data etc. which is

necessary for its design development. The DDC shall prepare a report on

all survey works undertaken, including checks on mapping, survey stations,

co‐ordinates, setting out, etc. A report covering site investigation results insufficient detail shall be submitted to Employer/ Employer‘s

representative.

We understand DDC scope will involve interpretation of all survey

data provided by Employer based on previous studies.

In case DDC found any additional survey is required, surveys will be

hired by Employer based on surveys specifications to be prepared

by DDC.

Please confirm our understanding is right.


14 Section

3(SOW),

Clause 1.4(e), DDC is required to propose suitable construction methodology after due approval from CMRL

for the works like Cast in‐situ and Pre‐Cast Construction, structural system of viaducts for sub‐structure and superstructure, pre‐cast segmental box girder using external unbounded tendon, Precast U‐Channel Superstructure with Internal Pre‐stressing, Precast U‐Channel segmental Superstructure with Internal pre‐stressing, Precast I‐Girder Superstructure with Internal Pre‐stressing, special spanconfiguration, construction of tunnels for underground Alignment (earth pressure,

mud‐pressure, slurry type), launching and retrieval shafts, midway shafts, ring configuration, grouting & waterproofing, NATM methods for construction of cross passages, cut & cover

ramps, earth retaining structures like sheet piles, soldier piles, secant piles, diaphragm walls

etc., underground and elevated stations , geometric designs of tracks, design of MEP,

VAC/TVS services etc. and prepare and submit a comprehensive reports along with the

methodologies proposed by DDC for present scope for finalisation with CMRL before floating

of tenders for construction works.

Please confirm the followings:

1. Proposal of construction sequence and structural system is in

scope of DDC work before floating tender to contractor.

2. Proposal of construction sequence and structural system will

be provided by contractor after award of contract to contractor.

Statement 1: Your understanding is correct.

Statement 2: The contractor can not change construction

sequence & structural system proposed by DDC , unless

warranted by site constraints. Indicated structural system design

for floating of tender and subsequently review of Contractor'

submission in this regard shall be DDC's Scope.

N

15 Section

3(SOW),

Clause 1.4(f), Proof checking of structural design and scheme of construction suggested

by the Contractor for elevated & underground stations, ventilation, other

shafts, ramps, sub‐structure, tunnels, viaduct etc. as applicable forparticular DDC package.

Please confirm whether proof checking of elevated viaduct

superstructure is in scope of work or not.

Yes. N

16 Section 6 Payment

schedule

General As per scope of work {para 1.4 (f)}, proof checking of structure

elements is in scope of DDC but as per payment schedule detailed

design and preparation of CRD is in scope of work. Please clarify?

Refer to stage payment. N

17 Section

3(SOW),

Clause 1.4(j), Review and suggest change as necessary in the detailed designs/ plans

made by contractor for temporary and permanent diversion works for all

utilities affected by the station works / viaducts / tunnels as applicable for

particular DDC package. Take into account utilities identified by

contractors during execution and design structures accordingly.

The change in information’s shared by the contractor during

execution should be defined in terms of no. of revisions (utilities

information) to control the quality of design.

Not Agreed. Tender Conditions Prevail N

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18 Section 3(SOW), Clause 1.7, Property Development:

Identification of Property Development area within the station structures and, submission of

technical & financial viability report of the proposals excluding commercials. Consultant

should explore the possibility of accommodating negative spaces of metro stations to

accommodate with some abutting public structures or integrate the station building with

adjacent properties as the case arise or civic infrastructure authorities allow to employ

judicious and optimized value engineered solutions to satisfy various public and private

stakeholders and additionally help obtain non‐fare box revenue for CMRL. “Consultant should produce architectural

and structural design of Property Development area wherever required, including design of

Building Services (MEP, fire Detection & suppression, Air Conditioning, water supply,

sewerage etc. The Property development can be integrated with stations or stand alone”.

Does “Architectural and structural design, including design of

Building Services of Property Development area” means

provisional system design as per the space up to the

feeder/approach, please clarify for both options if it is a part of

station or if it is a standalone building.


19 Section

3(SOW),

Clause 2.10, “The DDC shall conduct topographical surveys”

The DDC shall prepare a report on all survey work undertaken, including checks on mapping,

survey stations, co‐ordinates, setting out, etc. A report covering site investigation results and Geotechnical interpretation in sufficient detail shall be prepared and shall be submitted to

Employer/ Employer’s representative. Record all features of site existing prior to construction,

likely to be disturbed.

As per clause no of SOW at page no 3‐3 it is mentioned that “All available design data available in Detailed project Report such as topographic surveys, utility surveys,

commuter traffic data etc. & geotechnical information shall be made available to the

Detail Design Consultant at the appropriate time after award of work as requested in

writing by the consultant” where as in Clause 2.10, Section 3(SOW), Page 3‐14 it is stated “The DDC shall conduct

topographical surveys “please clarify.


20 Section 3(SOW), Clause 5.3,

11th Bullet,

The key aspects covered by the DDC will be:

‘Fabrication Drawings for all Steel Structure works’

Please clarify the fabrication drawing are to be prepared by DDC or

proof checking is the DDC scope of work for this item.


21 Section 3(SOW), Clause 6.5, Functional requirement of Urban Planning:

c. The Consultant shall submit applications for permanent connections

for utility services i.e. sewerage and drainage and water supplies to the

Chennai Metropolitan Water Supply and Sewerage Board.

We understand from this clause that as per standard practice the

consultant is required to submit all calculation to the CMRL for

their further approval procedures, please clarify.

Yes. Please Refer Addendum. Y

22 Section 3,Chapter 7, Clause 7.1.1,

7.1.8, 7.1.26,

7.1.35 and

7.1.37,

Incorporation of architectural co‐ordination requirements with therequirements of other disciplines for the following services: 7.1.1 ‐ Provision for lifts & escalators

7.1.8 ‐ Signaling and communications7.1.26 ‐ PABX system7.1.35 ‐ Power generation through solar panels and use of energy efficientfixtures.

7.1.37 ‐ Access Control System & CCTV system, Local Area Networking

Please confirm that Design of Lift & Escalator, Signalling and communication,

PABX system, solar panels, Access Control System & CCTV system and Local Area

Networking are beyond this contract and as mentioned in the list is for coordination

and considering their system requirement in to E&M only.

Yes. Tender condition self-explanatory.Relevant Civil & MEP

provisions for Lifts & Escalators is in DDC's scope.

N

23 Section 3, Chapter 7, Clause 7.1.34

and 7.1.37,

Details of protection switch gear, calculation of breaking capacity of

upstream tripping, assessment of requirement of residual current circuit

breaker and other special requirement of switch gear for scientific

equipment along with specific requirement of zero halogen fire retardant

and flame proof cables and switchgear in Laboratory.

Please clarify “in Laboratory”. Refer Addendum. Y

24 Section 3,

Chapter 7,

Clause 7.3, 7.3 For the underground stations the following systems will be defined:

Environmental Control System (Ventilation and air‐conditioning);Fire Fighting System;

Fire Detection/ suppression System;

Emergency Power Back up;

Plumbing System;

Low voltage;

SCADA Systems;

Escalators & Elevators.

For each of the sub‐systems above, schematics diagrams (air flowschematics, LV distribution single line diagram…) will be submitted for

approvals.

We understand that designing of Escalators & Elevators is vendor

specific job and not a part of DDC contract.

Please clarify?

Relevant Civil & MEP provisions for Lifts & Escalators is in

DDC's scope.

N

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25 Section 3,

Chapter 7,

Clause 7.7, Functional requirement of Lifts / Escalators We understand that only the functional requirements for Lifts/

Escalators like plan rooms, plinths, etc. are only to be defined.

Designing/Defining of Lifts/ Escalators is not a part of DDC contract.

Please clarify?

Yes. Tender condition self-explanatory.Relevant Civil & MEP

provisions for Lifts & Escalators is in DDC's scope.

N

26 Section 3, Clause 13.3,

& Chapter 16‐j, The DDC shall appoint a suitably qualified person(s) to act as the Lead

Design Checker for various systems and disciplines like civil, architectural,

and structural, MEP, Tracks, TVS & VAC etc. by engaging staff from a reputed external

independent consulting firm subjected to prior approval of Employer/Employer’s

Representative. The Lead Design Checker shall not produce any of the design or temporary

works designs as a part of the DDC’s team.

&

The Consultant shall appoint a suitably qualified person(s) to act as the

Lead Design Checker, or engage staff from an external consulting firm if he

so wishes. The Lead Design Checker shall not produce any of the design or

temporary works designs nor work directly for or report to the Contractor’s

Project Manager.

We understand internal suitable staff who are not involved in DDC organization

producing the design could act as Lead Design Checker, if such suitable staff is

available within our organization. Please confirm our understanding is right.

Not agreed. Tender conditions Prevail.

DDC shall appoint extenal independent LDC for each discipline.

N

27 Section 4, Clause 3, PROJECT TEAM OF THE CONSULTANT‐ KEY PERSONNEL (All positions)Total Design Experience

We request the client to kindly modify the requirement of Total

Design Experience to Total Experience.

We also request you to please remove PHD / Doctorate

Qualification in Distribution of marks for all the positions.

a) Not agreed b)

Please Refer Addendum.

Y

28 Section 4, Clause 4, BID SCORING

Combined Score = 0.7 Ts + 0.3 Fs

This is a big project and will require high technical expertise. Hence,

we request the client to kindly consider 80:20.

Not agreed. Tender condition prevails. N

29 Section 4, Clause 5.4 (c), In case of Joint venture/ consortia, the bid capacity criteria will be evaluated for each member

applying above formula & combined bid capacity of the JV/consortia it will be evaluated based

on weighted average of the individual bid capacity of the members as per the percentage

participation.

In reference to our first query, does a wholly owned Indian

Subsidiary has to individually fulfil the bid capacity criteria or the

foreign (parent) entity can fulfil this criteria on behalf of JV?

If participating as sole bidden/JV member any company need to

qualify individually and it can not use the Technical and

Financial credentials of its parent entity,unless the parent entity

is also a member of JV.

N

30 Section 7, Clause 28.6, If Employer/Employer’ Representative decides that continuation of any

person is not in the interest of the project, a written notice will be given to

Consultant who will promptly replace the person within a week.

We request the Client to kindly consider 45 days’ notice period for

replacement as this procedure takes a minimum period of 45 days

for finding and deploying the resource.

Agreed in certain cases, subject to specific Terms as stipulated

in notice, (on case to case basis)

N

31 Section 7, Clause 34, The consultant shall effect and maintain Professional Indemnity Insurance (PII) for the amount

in Indian Rupees equal to twice the contract value payable to consultant, with unlimited

number of incidents in respect of design and services to be carried out by, or on behalf of

consultant valid from the date of commencement till 2 years after the date of issue of

completion certificate as mentioned in clause 8.3 above, to the consultant.

Usually in similar contracts, PII is equivalent to the contract value.

Hence, we request the Client to kindly consider the same.

Agreed. Please Refer Addendum. Y

32 Section 1, Clause 1.2, Date and Time of submission of Tender: 22/03/2018 up to 14:00 hrs at

office of the Additional General Manager (Contract Procurement) / CMRL,

Address as mentioned in item No.8 above

We request the Client to kindly provide minimum 21 days’ time

from the date of issuing addendum to incorporate the

changes/amendments.

Refer Corrigendum N

33 General Date of Foreign Currency Conversion Please provide a date for conversion of rates/ currencies or

alternatively we suggest freeze the date of publication of RFP for

the same i.e. 26th February 2018. Kindly confirm.

Not agreed. Base date as 28 days prior to bid submission. N

34 11, Section 4:

Eligibility &

Qualification Criteria

Clause 4.3 Eligibility & Qualification Criteria Quality and Cost Based Selection (QCBS)

Request you to change evaluation to 80:20 instead of 70:30 which is the existing

evaluation criteria. A Quality based selection on 80:20 will safeguard the client’s

interests in case of consultants quoting lower fees and then unable to deliver quality

services


35 SECTION 3 Clause 1.12 Scope of Work Geotechnical Data:

CMRL to provide Geotechnical data.

What is the extent of survey completed? It is requested that CMRL share

Geotechnical data it has available to the Consultants.

To be shared to the successful bidder. N

36 SECTION 3 Clause 1.4 (i) Perform detail design for multi-modal transfer facilities… Does DDC scope involve study and detail design of multi-modal connectivity such as

Foot over Bridges, PUPs etc,?

Kindly clarify the scope.

Yes. N

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37 SECTION 3 Clause 4.12 Sub-soil exploration analysis and interpretation of data and selection of design parameters. Please elaborate the Sub-Soil exploration analysis. To prepare Geotechnical interpretation report to get soil & rock

design parameters.

N

38 SECTION 3 Clause 6.2 Functional requirement of Green Building design & Certification Is DDC should take responsibility of obtaining Platinum level certificate from IGBC? Design responsibility vests with DDC and relevant

documentation along with drawings, photographs & certificates

to be submitted by DDC to CMRL.

N

39 Section 4 General Eligibility & Qualification Criteria As per Para 3, Project Team Composition. It is mentioned that all the Key Personnel

who have PHD/Doctorate will get 1 marks while it is not possible for all the staff

should have such high qualification. This may please be amended suitably.

Please refer addendum. Y

40 General What is the provision for escalation of fee due to delay in execution of project for

various reasons such as Land acquisition, non-performance of contractor…etc,.,

reasons beyond DDC hands. Kindly clarify.


41 Section 4 General Eligibility & Qualification Criteria As per Para 1.4, Design Innovations and Value Engineering – The criteria for two

projects with Platinum/gold level is not feasible for all the Consultants.

Not agreed, Tender condition prevails. N

42 Section 2 Clause 5.2 Bidders should not have been blacklisted or deregistered by the Central Government, any state

Government, PSUs or any Metro Rail authority in India during the last 10 years. Undertaking

for not being blacklisted should be furnished.

We request you to consider the following: Bidders should not have been blacklisted

or deregistered by the Central Government, any state Government, PSUs, any

multilateral funding agency or any Metro Rail authority in India during the last 05

years. Undertaking for not being blacklisted should be furnished. This has been

followed by all government and Metrorail authorities in India


43 Section 2 Clause 10.3.4 Sufficient proof shall be submitted to Substantiate the qualification and experience of staff

proposed to be deployed

We request you to clarify, what kind of documentary proof is required to be submit

to Substantiate the experience of staff proposed.


44 Section 2 Clause 11.4 Payments under the Contract shall be made in INR only. We would like to draw your kind attention that looking towards the complexity of the

UG project, international experience and expats would be required to deliver the

services, we request you to consider the payment to be made in INR and USD/Euro.


45 Clause 13.4 Financial bids shall be opened in the presence of consultant’s authorized representatives, and

the total prices shall be read aloud and recorded.

We request you to amend the following: Financial bids shall be opened in the

presence of consultant’s authorized representatives, and the total prices and technical

score of each firm shall be read aloud and recorded.


46 Section 3 Clause 13.3 Proof- checking consultant/ Lead Design Checker/ Checkers: The DDC shall appoint a suitably

qualified person(s) to act as the Lead Design Checker for various systems and disciplines like

civil, architectural, and structural, MEP, Tracks, TVS & VAC etc. by engaging staff from a

reputed external independent consulting firm DDC shall also propose the tentative list of

potential lead design checkers

We understand that at proposal stage, consultant have to provide only list of experts

for potential lead design checker‘s. Kindly clarify that whether CVs of Lead Design

Checker also need to be submitted or not.

Bidders need to propose the names of the LDC.

CV of LDC need not be submitted along with the Bid.

N

47 CHAPTER 15 Clause 15.3 Consultant shall have their full-fledged office in the location approved in Chennai We understand that this being a lumsum contract, local office in Chennai will be

developed for coordination and local support but consultant is also allowed to

work/make deliveries from its home office. Kindly confirm.


48 CHAPTER 16 clause (G) Any approval of the drawings by the Client shall not hold the Client responsible for any lapses

or mistakes and the Consultant shall be totally responsible for the same.

We would like to highlight a fact that for proceeding next stages, consultant always

require client approval on last stage/milestone. It is seen that the delay in approval

from client may times results in delay in deliveries. The consultant should not be held

responsible where part of work (delay) which is not attributable to the consultant We

request you to change/delete this clause.

Not agreed. Tender condition prevails.Your understanding is

incorrect

N

49 CHAPTER 17 clause (8-11) Error Correction: When a fault is discovered within delivered software or documentation, the

Consultant shall take necessary steps to rectify errors or faults at the earliest

We would like to highlight a fact that it’s a responsibility of software provider to

rectify the error within software and for that software companies also provides the

AMC. This clause is not relevant as the consultant can provide the software but he is

not its manufacturer and for that consultant should not be held responsible. Kindly

delete this clause.


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50 CHAPTER 18 clause (1) Building Information Model (BIM) Requirements: The Consultant shall develop, maintain,

update and handover a Building Information Model (BIM) for the Works. The Consultant

acknowledges that CMRL‘s BIM requirements are evolving and as such CMRL reserves the

right to change or replace standards and specifications during the Works.

We request that CMRL should finalize the standards at this stage only as this will

results in financial loss to the consultant, in case CMRL on later stage changes the

requirement.


51 Section 4 clause C EVALUATION & QUALIFICATION CRITERIA: If the work has been done by the foreign

partner of JV and the work was done in the country of the foreign partner then in addition to

this, the foreign partner must have done work equal to the work experience requirement

outside the country of its origin.

We would like to highlight a fact that eligibility criteria is already very high, we

request you to delete the requirement of work equal to the work experience

requirement outside the country of its origin.


52 Section 4, clause C EVALUATION & QUALIFICATION CRITERIA: If the work has been done by the foreign

partner of JV and the work was done in the country of the foreign partner then in addition to

this, the foreign partner must have done work equal to the work experience requirement

outside the country of its origin.

We understand that this work required outside the home country can be General

consultancy for Metrorail also and need not only to be DDC (Detail Design

Consultant). Kindly confirm.


53 Section 4 clause 1.2 Total value of DDC contract done in metro rail/ rapid transit/ mass transit/ MRTS or any other

rail based transit system during last five years in India or abroad.

We request you to consider the following: Total value of DDC contract done in metro

rail/ rapid transit/ mass transit/ MRTS or any other rail based transit system during

last 10 years in India or abroad.


54 Section 4 clause 1.3 Specific Experience in Last 10 years for relevant Detailed Design Consultancy Experience in,

underground stations, tunnelling in Urban Area / MRT Projects : required from All Parties -

Must meet requirement for minimum 2 Marks ( minimum one each in a, b)

We would like to highlight a fact that there are only 1-2 Indian organization which

has done DDC for UG tunnels and Station. This clause is very stringent and many

good Indian companies will not be able to bid. We request that Joint Venture

combined experience should be considered for this experience, as all the member will

be jointly and severely liable

Agreed. Please Refer Addendum-1(Sl.No.D1) Y

55 Section 4 clause 2.3 Average annual turnover in the last 5 years should be above 40 cr - JV combined must meet

requirement

Looking towards the huge volume and complexity of work, We request you to

consider the following: Average annual turnover in the last 5 years should be above

100 cr Lead member: Must Meet Each member: should be 40 Cr

Please Refer Addendum Sl.No D1 Y

56 Section 4 clause 4.3 Combined evaluation: 0.7 Ts + 0.3 Fs We request you to consider: Combined evaluation: 0.8 Ts + 0.2 Fs Not agreed. Tender condition prevails. N

57 Section 5 clause TECH-

2,

The majority of the key staff shall be regular members of the firm for at least six months and

all members of Expertise team shall be regular employees).

This clause is irrelevant as there is no particular “expertise team”, kindly delete this

clause.

Its only majority and its just preferable N

58 Section 5 clause Form

Tech – 2B

Total value of DDC work done as per audited financial statements We would like to draw your kind attention that for any international consulting

organization, it will be very impossible (it will take months) for any international

organization to find out year wise value of work done for only Detailed Design

Consultancy works, when the organization is into many fields. We request you to

consider the “Total value of Consultancy works”. As it is impossible to get audited

financial statements for 5 years only for DDC work

Not agreed. Please Refer addendum for changes Y


ELI-2

Undertaking For Not Being Blacklisted: We do hereby undertake that we have not been

blacklisted or deregistered by the Central Government, any state Government, PSUs or any

Metro Rail authority in India and also that none of our work was rescinded by the client after

award of contract as per clause 5.2 of Instruction to Bidders (ITB) during last 10 years

We request you to consider the following: We do hereby undertake that we have not

been blacklisted or deregistered by the Central Government, any state Government,

PSUs, any multilateral funding agency or any Metro Rail authority in India and also

that none of our work was rescinded by the client after award of contract as per

clause 5.2 of Instruction to Bidders (ITB) during last 05 years This has been followed

by all government and Metrorail authorities in India.



FIN – 1

Form FIN - 1: FINANCIAL DATA Total value of DDC work done as per audited financial

statements

We would like to draw your kind attention that for any international consulting

organization, it will be very impossible (it will take months) for any international

organization to find out year wise value of work done for only Detailed Design

Consultancy works, when the organization is into many fields. We request you to

consider the “Total value of Consultancy works”. As it is impossible to get audited

financial statements for 5 years only for DDC work.



FIN – 2

Form FIN - 2: FINANCIAL DATA We understand this format is for understanding the on-going commitment/ project of

an organization. We request you to consider DDC/GC/PMC for Metrorail for this

proforma. Same process is followed in DMRC and all other government authorities

Agreed. Please Refer Addendum Y

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PER – 2

Form PER - 2: Curriculum Vitae (CV) for Proposed Key Experts – Note: The CVs of the Key

Professional Staff should be signed on every sheet by the personnel concerned and the last

sheet of each CV should also be signed by the authorized signatory of applicants

We request you to allow the consultant to use scan signature of the experts for

submission of proposal. If consultant is awarded the project, CV with original sign

will be submitted.


63 Section 5 clause FIR-1, 2, FIR-1: SAMPLE FORMAT FOR BANKING REFERENCE FOR LIQUIDITY We understand this certificate is to be only provided by the consultant whose

liquidity is inadequate Kindly confirm.

Not agreed. N

64 Section 7 clause14.4 &

14.5 Representative, the progress or performance of the DDC's work is seen to be at any time

inadequate to meet those requirements, the DDC shall take the necessary steps to improve them

on being so notified

We request you to consider the following: If, in the opinion of the

Employer/Employer’ Representative, the progress or performance of the DDC's work

is seen to be at any time inadequate to meet those requirements (delay which is

attributable to the DDC), the DDC shall take the necessary steps to improve them on

being so notified.


65 Section 7 clause 21 DURATION OF PROFESSIONAL LIABILITY: Consultant shall not be considered liable for

any loss or damage resulting from any occurrence unless a claim is formally made on him

before the expiry of the insurances stated in the Conditions of Contract, i.e., two years from the

date of issue of completion certificate or such date as may be prescribed by law, whichever is

later.

We request you to consider the following as same has been followed in all

government authorities. Consultant shall not be considered liable for any loss or

damage resulting from any occurrence unless a claim is formally made on him before

the expiry of the insurances stated in the Conditions of Contract, i.e., one years from

the date of issue of completion certificate or such date as may be prescribed by law,

whichever is later


66 Section 7 clause 31.1 PERFORMANCE GUARANTEE: As stated in the ‘Instruction to Bidders’ (ITB-Clause 14.3)

the consultant shall provide the Employer with a Performance Guarantee in the form of Bank

Guarantee provided by a Indian branch of Public Sector Undertaking (PSU) Bank based in

India that is acceptable to the Employer

We would like to draw your kind attention that now all government and government

authorities accept BG or PBG from private bank, also it takes much time to take BG

from government bank then as compares to We request you to consider the

following: As stated in the ‘Instruction to Bidders’ (ITB-Clause 14.3) the consultant

shall provide the Employer with a Performance Guarantee in the form of Bank

Guarantee provided by a Indian branch of Public Sector Undertaking (PSU)

Bank/Indian scheduled bank based in India that is acceptable to the Employer.


67 Section 7 clause 34 The consultant shall effect and maintain Professional Indemnity Insurance (PII) for the amount

in Indian Rupees equal to twice the contract value payable to consultant, with unlimited

number of incidents in respect of design and services to be carried out by, or on behalf of

consultant valid from the date of commencement till 2 years after the date of issue of

completion certificate as mentioned in clause 8.3 above, to the consultant

We request you to consider the following: The consultant shall effect and maintain

Professional Indemnity Insurance (PII) for the amount in Indian Rupees equal to the

contract value payable to consultant, with unlimited number of incidents in respect of

design and services to be carried out by, or on behalf of consultant valid from the

date of commencement till 1 years after the date of issue of completion certificate as

mentioned in clause 8.3 above, to the consultant This has been followed by all

government and Metrorail authorities for all tenders in India


68 Section 7 clause 38.4 Mobilization Advance: The consultant shall be eligible for Mobilization Advance up to 5% of

the original contract value in two equal installments on receipt of an irrevocable bank

guarantee from a PSU Bank in India of the tenderer’s choice. The advance shall bear an

interest of 12% over existing market rate. The first installment shall be paid within 30 days

after the submission of the bank guarantee. The second installment shall be paid after

satisfactory utilization of the first installment of the advance has been confirmed by the

Employer The bank guarantee shall be in an amount in Indian rupees and equal to 110% of the

requested Advance amount in the format provided in the ITB. The bank guarantee shall

become null and void when the full amount for the advance payment has been recovered by

the Employer.

We would like to draw your kind attention that now all government or Metrorail

authorities provide mobilization advance without any interest. We request you to

consider the following: The consultant shall be eligible for Mobilization Advance up

to 5% of the original contract value in two equal installments on receipt of an

irrevocable bank guarantee from a PSU Bank in India of the tenderer’s choice. The

advance shall be free from any interest. The bank guarantee shall be in an amount in

Indian rupees and equal to 100% of the requested Advance amount in the format

provided in the ITB. The bank guarantee shall become null and void when the full

amount for the advance payment has been recovered by the Employer

Not Agreed.

Please Refer Addendum-1 for modified clause

Y

69 Section 7 clause 38.6 Retention Money: Retention money of 2.5% of the Interim Payment Certificates shall be held

by the Employer without obligation to invest them or account for interest thereon or to place

them in a designated account. After the issue of the Performance Certificate, all of the

retention money shall become due to the consultant, notwithstanding that at the time there may

be outstanding claims by the consultant against the Employer

We would like to draw your kind attention that holding money will hamper the

consultant’s financial situation. We request you to delete this clause.

Please Refer Addendum for modified clause Y

70 Section 7 clause 48.4 DELAYS AND LIQUIDATED DAMAGES: The maximum limit of Liquidated Damages

shall be 10% of the Fixed Lump Sum Price of the Contract as stated in the LoA

We feel the current penalty is very high, We request you to consider the following:

The maximum limit of Liquidated Damages shall be 5% of the Fixed Lump Sum

Price of the Contract as stated in the LoA


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71 Section 7 clause 52 (ii) If CMRL considers that DDC is not discharging his obligations CMRL can inform the DDC

by notice stating grounds for the notice. If a satisfactory reply is not received within 07 days of

receipt of the notice by DDC, CMRL can by further notice terminate the Agreement provided

that such further notice is given within 30 days of the DMRC's former notice

We request you to consider the following: If CMRL considers that DDC is not

discharging his obligations CMRL can inform the DDC by notice stating grounds for

the notice. If a satisfactory reply is not received within 15 days of receipt of the

notice by DDC, CMRL can by further notice terminate the Agreement provided that

such further notice is given within 30 days of the CMRL's former notice

Not Agreed. Y

72 Section 7 clause 54.2 Termination by the consultant We request you to please add the following: “If the Client fails to pay any money due

to the Consultant pursuant to this Contract and not subject to dispute within forty-

five (45) calendar days after receiving written notice from the Consultant that such

payment is overdue” This clause is accepted by all government authorities and GOI

Not agreed. N

73 Section 7 clause 11 Limit of liability: Two times of contract value We request you to consider the following: Limit of liability: Equal to the contract

value


74 Section 7 clause 13 Amount of performance Guarantee: 7.5% of agreed contract price stated in the Letter of

Acceptance suitably adjusted in the event of modification of contact price

We request you to consider the following: Amount of performance Guarantee: 5% of

agreed contract price stated in the Letter of Acceptance suitably adjusted in the event

of modification of contact price

Not Agreed. N

75 Section 7 clause 2 TABLE: KEY DATES & LIQUIDATED DAMAGES: UG KD1 to UG KD9 We feel the current penalty is very high and will hamper the consultant’s financial

situation. We request you to consider the INR penalty of Rs 1 Lakh/Month for each

items from UG KD1 to UG KD9.

Please refer Addendum. Y

76 Proposal Due Date Looking towards the importance and complexity of the project, We request to kindly

extend the proposal submission date by minimum 20 working days, so that

consultant can submit a competitive & comprehensive proposal.

Agreed. Refer corrigendum N

77

SECTION-4

PROJECT TEAM OF THE CONSULTANT- KEY PERSONNEL In almost all the positions, desirable Educational Qualification has been mentioned as

“Postgraduate” whereas in distribution of marks; complete 1 mark for educational

qualification is awarded to professional with a PHD/Doctrate degree and half mark is

awarded for a postgraduate degree.

Also, the requirement of PHD/Doctrate is discriminatory and may reduce healthy

competetion.

We may request you to remove requirement of PHD/Doctrate for every professional

mentioned in the RFP document.


78 Number of JV Members Request you to please confirm the number of JV Members allowed in a

single bid

As required to comply tender requirements. N

79

SECTION-4

Bid Capacity: The Tenderers will be qualified only if their available bid capacity

is more than the approximate cost of work.

Request you to please confirm the approximate cost of work Bidders quoted amount will be treated as basis for working out cost of work as it depends on the DDC's output.

N

80

SECTION-4

We understand that for the purpose of DDC - Civil Structural design, the proof

checking will be treated as equal to the structural design of structures for evaluation.

Please confirm.

Not agreed. N

81

SECTION-4

clause 5.1

NOTES TO

BIDDER

5.1 In case of joint venture / consortia, full value of the work, if it was done by the same joint

venture or the entire work was done fully by any of the member, shall be considered. For

previous works done other than same JV the work experience will be calculated based on

percentage participation in previous project and added in proportion to current percentage

participation.  

The note 5.1 as mentioned is not in line with the Table - Eligibility and Qualification

Criteria-QCBS – Reference Point 1 – Consultant’s Experience record & Technical

proposal for DDC works where the requirements have to be met jointly by the Joint

Venture.

Please clarify.

Tender condition is self- explanatory. N

82 General Extension of Timeline Request you to provide atleast 4 weeks of time for bid submission post release of response to pre bid queries


83

Section-1 Clause No. 1.2.11

Date and Time of Submission of Tender 22/03/2018 upto 14:00 hrs at office of the Additional

General Manager (Contract Procurement)/CMRL, Address as mentioned in item No. 8 above.

It is requested to kindly extend bid submission date by at least 4 weeks from date of

reply of clarification to prepare the bid to the satisfaction of Chennai Metro Rail

Limited.


84 Section-1, Notice Inviting Tender

Clause No. 1.2.2

Tender Security Amount (EMD) INR 2.11 Cr. (Rupees Two Crore Elven Lakhs only) or US

$332,285/- (US Dollars Three Hundred Thirty-Two Thousand and Two Hundred Eighty-Five

Only). Bidders are to provide their GST registration details.

For Foreign Partners. Kindly allow to submit GST details subsequent to award of

work and before execution of contract agreement.

Agreed .Please refer Addendum. Y

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85 Section-1, Notice Inviting Tender

Clause No. 2.5 Blacklisting and Deregistered Tenderers should not have been blacklisted or deregistered by

the Central Government, Government of Tamil Nadu, any PSU of Central Government or

Government of Tamil Nadu or any Public Sector Metro in India during the last 10 years. Also,

the Tenderer must not have failed to take possession or to commence any Contract after the

Award of Contract.

We request you to kindly modify as “Tenderers should not have been blacklisted or

deregistered by the Central Government, Government of Tamil Nadu, any PSU of

Central Government or Government of Tamil Nadu or any Public Sector Metro in

India at time of submission of bid Also, the Tenderer must not have failed to take

possession or to commence any Contract after the Award of Contract.

Recently DMRC are floated the three Package’s for detail design Consultancy the

same clause mentioned in the RFP i.e. the bidder should not have been blacklisted or

deregistered at time of submission of bid the same document enclosed for your ready

reference


86

Section-2, Instruction to

bidders

Clause No. 10.1

(a)

Tender Security (EMD) along with tender documents fee (applicable for downloaded tender

documents from internet) in original in a separate sealed envelope. It must be noted that in case

of a JV/Consortium, the Bank Guarantee (EMD in the form of Bank Guarantee) must be on

behalf of the JV/Consortium

We request you to kindly allow the Bank Guarantee(EMD) in the form of Bank

Guarantee should be submitted in the proportionate of Joint Venture partners from

their respective banks in India.

Agreed. Please refer Addendum. Y

87


bidders

Clause No. 10.1

(f) & (g)

Contents of (f) Technical Proposal along with credentials of each Technical company/JV,

consortium all attested copies to be Packages attached. (g) All the issued or down loaded

Tender documents (all Volumes including addenda & Corrigenda), duly signed and stamped

on each page by the authorized representatives of all parties of the JV/Consortium

In the view of the fact that we understand that attested copies means self-attestation

by all partners for their respective documents by authorised signatory. Please clarify.

In this respect please allow us to submit the undertaking stated that we accept the all

conditions of tender document & Corrigendum’s.

Agreed. Please refer Addendum. Y

88


bidders

Clause No.

10.3.1

Experience of If DDC has performed design services as a prime the firm consultant for private

contractor such experience will be considered for evaluation. Design services performed as sub-

consultant to prime DDC consultant for any work shall not be considered for technical

evaluation.

In the view of the fact that If Consultant has done the work as client approved sub-

consultant then their experience should be considered for evaluation. Please clarify


89Section-2, Instruction to

bidders Clause No. 12.6.a)

Cover-A Bid Security (in accordance with ITB 21) Technical Bid (Envelope-1) In the ITB (Instruction to Bidder) last clause is 19, data security. We request you to

please provide the ITB Clause no. 21.

Should be read as ITB 14. Please Refer Addendum Y

90


bidders

Clause No. 17.5 The location of central/main office of the consultant shall be such as agreed with CMRL, but

shall in any case be located in Chennai only for better coordination

Please clarify that for better co-ordination the coordinator for each discipline shall be

provided. However, the required expert shall be available in Chennai during concept

design stage, Preliminary design stage and Definitive Design stage. During construct

support separate team will be provided.


91 Section-3

Clause No. 1.2 &

1.4

Relevant Documents:

Extent of Design Services:

Please confirm that building Condition Survey Report will be made available to DDC

by Chennai Metro Rail Ltd.

Please clarify that no NATM tunnel are contemplated in the alignment.

Yes.

DDC shall suggest if NATM tunneling is feasible along the

alignment.

N

92 Section-3

Clause No. 1.4(f)

Proof Checking of structural design and scheme of construction suggested by the contractor. This means the contractor is allowed to change the design proposed by DDC. Please

confirm.

Please Refer Serial No. 14 Above. N

93 Section-3

Clause No. 4.23

Upon award of system wide contracts, based on the requirements of system-wide contractors

DDC should modify the designs to attain best-fit and suitable solutions.

It is presumed that system wide contractor will be appointed by CMRL during Detail

Design stage. Please confirm.

Incorrect N

94 Section-3

Clause No. 5.1 (w)

The initial vertical and horizontal alignment of the relevant stretch inclusive of its geometrics

will be provided by Employer/Employer’s Representative in soft copies. DDC should review

the alignment considering site constraints geological & geotechnical conditions, resettlement &

rehabilitation proposals etc. and submit a revised alignment drawings along with soil

lithological profiles to Employer/Employer’s Representative for notice of no objection.

DDC will only review the alignment. Modification, if any, will be carried out by

CMRL. Please confirm.

In case modification is recommended by DDC and accepted by CMRL, then all

necessary investigations/Studies to be conducted by CMRL.

DDC has to design the alignment and modified alignment

drawings has to be submitted without time and cost implications

to CMRL. Please Refer Serial No. 4 Above.

N

95 Section-3 Clause No. 5.3 The key aspects covered by the DDC: Fabrication Drawing Fabrication drawings for all steel structure shall be provided by Contractor. The DDC

will review the same


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96 Section 4:Eligibility &


Clause 1.1 Total years of experience in the field of detailed design consultancy services (*

aggregation of individual experiences of JV/consortium members shall not be done)

We understand that DDC (Detail Design Consultancy) services includes Detailed

design of tunnel (including bored, NATM, Cut & Cover tunnels) and underground

stations, Elevated Viaduct and Elevated stations for Metro Rail Project. Kindly

confirm.

Yes N



Clause 1.2 Total value of DDC contract done in metro rail/ rapid transit/ mass transit/ MRTS or any other

rail based transit system during last five years in India or abroad.

We understand that DDC (Detail Design Consultancy) services includes Detailed

design of tunnel (including bored, NATM, Cut & Cover tunnels) and underground

stations, Elevated Viaduct and Elevated stations for metro rail/ rapid transit/ mass

transit/ MRTS or any other rail based transit system.

Ongoing Projects also will be consider if they have received required fees to qualify

in the bid. Please confirm.

Ongoing projects which are substantially completed (above

60%) only shall be considered.

N



Criteria 1.1,

1.2, 1.3 & 1.4

If the work has been done by the foreign partner of JV and the work was done in the country

of the foreign partner then in addition to this, the foreign partner must have done work equal to

the work experience requirement outside the country of its origin..

We understand that foreign partner must have done any (proof checking or

GC/PMC) metrorail/railway/HSR work equal the work experience outside the

country of the foreign partner, this work need not to be DDC (Detail Design

Consultant) of viaduct, underground and elevated stations.

Please confirm


99 Section 3: Scope of

Work

Clause 1.7

Property

Development

Identification of Property Development area within the station structures and, submission

of technical & financial viability report of the proposals excluding commercials.

Consultant should explore the possibility of accommodating negative spaces of metro

stations to accommodate with some abutting public structures or integrate the station

building with adjacent properties as the case arise or civic infrastructure authorities

allow to employ judicious and optimized value engineered solutions to satisfy various

public and private stakeholders and additionally help obtain non-fare box revenue for

CMRL. Consultant should produce architectural and structural design of Property

Development area wherever required, including design of Building Services (MEP, fire

Detection & suppression, Air Conditioning, water supply, sewerage etc. The Property

development can be integrated with stations or stand alone.

Please define the word “Stand alone”. Having separate / independent entrance N

100 SECTION-4:

ELIGIBILITY &

QUALIFICATION

CRITERIA

1. (C) Criteria 1.1, 1.2, 1.3 & 1.4: If the work has been done by the foreign partner of JV and the

work was done in the country of the foreign partner then in addition to this, the foreign partner

must have done work equal to the work experience requirement outside the country of its

origin.

This stipulation is exhaustive in combinaton with the requirements set on criteria 1.1,

1.2, 1.3 & 1.4. E.g. when considering total value of DDC contracts in the last five

years (Criterion 1.2).

It is proposed that additional marks are awarded to the foreign partner that can prove

equal experience outide the country of its origin.


101 SECTION-5

TECHNICAL

BIDDING FORMS

Form Tech –

2A: WORK

EXPERIENCE

Note 3. All the details should be supported by documentary proof e.g. completion certificates

from client and concerned Consultant/Architect otherwise it will not be considered.

For such demanding value of DDC contracts during the last five years it is almost

impossible for a firm to have already received completion certificates.

It is proposed that any contract of such DDC services to be treated as substantially

completed if the consultancy fees received under the said contract is at least 70% of

the contract value.

Ongoing projects which are substantially completed (60%) only

shall be considered.

N

102 SECTION-4:

ELIGIBILITY &

QUALIFICATION

CRITERIA

4.1 Technical

Bid Scoring

Total Maximum score a bidder can get is 100 Marks Total sum of maximum marks, that a bidder can claim, as foreseen in table of

eligibility and qualififcation criteria equals to 90.

Kindly amend the marking system.


103 General Revised NIT

CMRL/ Phase

II/ DDC/

P2C301/ 2018,

Corrigendum

No. 1, 11

Date and time of submission of tender, 22/03/2018 upto 14:00 Hrs at office of Additional

General Manager, ( Contract Procurement) , CMRL, Address as mentioned in item no. 8

above,

In order to prepare and submit a competitive and well prepaerd technical proposal,

we would highly appreciate for an extension of the deadline for the tender

submission for six weeks.

Refer corrigrendum N

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104 Section 2: Instruction

to bidders

Contents of

technical

proposal: clause

10.3.1,

Experience of

the firm Tech

2A & Tech 2B

Status up to 30th December 2017

12. Percentage of works completed

13. Value of work certified till date.

It is mentioned that the Employers certificate containing the following details for

each contract submitted for evaluation under this criteria "under Status up to 30th

December 2017 (point number):

12. Percentage of works completed

13. Value of work certified till date"

We understand that the partially completed work will also be considered for

evaluation?

Ongoing projects which are substantially completed (60%) only

shall be considered.

N



Clause No. 1 Clause No. 1 Evaluation and Qualification Criteria, Point No. 1.2. Page No. 3 Criteria for evaluation mentions that total value of DDC contract done in metro rail/

rapid transit/ mass transit/ MRTS or any other rail based transit system during last

five years in India or abroad" will be considered.

We would request to kindly include 'Road Tunnels' also in this criteria? Most of the

railway clients viz. IRCON, RVNL, North East Frontier Railway (NFR), East Coast

Railway (ECoR) etc. accepts the road tunnel experience.

Experience involving TBM tunnel of diameter more than 6m

may be considered.

N



Clause No. 1 Clause No. 1 Evaluation and Qualification Criteria The marks mentioned for:

1. Consultants experience record and technical proposal for DDC works = 40

2. Financial Standing = 25

3. Technical & organisation capability = 25

Total = 90

The total marks works out to be 90 instead of 100. Kindly clarify.




Clause No. 1.3 Clause No. 1.3 Specific Experience It is mentioned that "Specific experience in last 10 years for relevant Detailed

Design Consultancy Experience in underground stations, tunnelling in urban area /

MRT Project

Requirement & Mark allocation

a) 20 UG stations (3 marks)


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Clause No. 1.6 , Design Facilities Requirement of Design Facilities and marks allocation

a) Experience in 3D BIM integrated/ migrated design facilities involving designing of

whole project with software like Revit, Tekla & Revit MEP, Newis works, software-

2 Marks, or,

b) Experience in conventional design of whole project with AutoCAD, STADD pro,

Plaxis, WALLAP & other conventional software and 3-D view development through

3DsMAX, MAYA, REVIT, Sketchup etc.- 1 Mark

In case of JV all parties must meet requirement"

We understand that licensed copies of the softwares mentioned will be sufficient to

meet the criteria. Kindly Confirm?

(a) Please Refer Addendum S.no. D1.

(b) Refer submission requirement

Y



Clause No. 1 Evaluation and Qualification Criteria The marks for item 1.3 to 1.7 for each JV member are directly added and no factor is

required as per percentage participation of JV members. Kindly confirm

Yes N



Clause No. 3, Project Team of the Consultant - Key Personnel It is mentioned "Desirable Educational Qualification" for Project Manager, Lead

Designer/ Underground (stations & tunnels), Lead Designer/ Tracks in case of PHD/

Doctorate-1 marks: Post graduate- 0.5 marks"

We would request the authority to kindly allocate 0.25 marks for these positions if

the candidate is a Graduate Degree holder as has been provided in other positions.




Notes to Bidder, Clause No. 5.4, Point no. b It is mentioned "Value of existing commitments for on-going construction works

during period of 48 months w.e.f. 31.12.2017.has to be submitted by the Tenderer"

Kindly clarify whether if the work mentioned is of Construction work or DDC

works? It should be DDC works.


113 Section 5: Technical

Bidding form

Form Tech 2A: Work Experience, Point No. 5c It is mentioned to provide particulars of " Length of Metro Rail Tunnel"

The RFP in Section No. 4 Eligibility and Qualification Criteria, Clause No. 1 of

Evaluation and Qualification Criteria, Point No. 1.2. Page No. 3 mentions about

DDC contract done in metro rail/ rapid transit/ mass transit/ MRTS or any other rail

based transit system during last five years in India or abroad whereas in this form

there is mention of only metro rail. Kindly clarify? We would request to kindly add

Road Tunnels also to get more competitive bidding?

Please Refer Serial No. 105 above. N

114 General We hope that CMRL will provide the consultant with the following:

• Detailed Topo Survey

• Geotechnical Investigation along the entire alignment

• Building condition Survey along the alignment and influence zone of tunnel and

station

• Alignment design and subsequent change if any will be provided by CMRL. DDC

will carry only review

Kindly confirm.

(a) Please Refer Addendum

(b) Yes, But, GIR to be made by DDC

(c) Building Condition Survey is part of scope of works of DDC

(d)Not agreed. Alignment design is by DDC

N

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115 Section 7:

Conditions of

Contract (PART-II)

Particular Conditions

& Contract Forms

Clause No. 2: Table: Key Dates & Liquidated Damages, Page No.3-7, UG KD 8 (A) It is mentioned that " Civil, Structural and architectural designs along with final

submission of Multi-modal integration (MMI) schemes & plans, road restoration, site-

reinstatement and landscaping plans: 390 days".

The period of 390 days (effectively allowing only 60 days) looks very optimistic,

based on past experience in similar type of projects. It is suggested that same be

subdivided into further key dates.

Not agreed.Your understanding is incorrect. N

116 Section 7:

Conditions of

Contract (PART-I)

General Conditions of

Contracts

Clause No. 34: Professional Indemnity Insurance; Page No. 18. The condition demands to maintain a PII for the amount twice the contract value

payable to consultant.

We request to keep it equal to the contract value.




Clause No. 2 , Financial Standing We understand that to qualify various financial conditions under subsections of

section 2 (Financial Standing) the financial credentials of holding/group company

shall be considered. Kindly clarify.

Please Ref Sl.No.11 above. N



2.4 Financial

Standing

Profitability in the last 3 years in which last 2 years should be positive Request to kindly amend the condition as follows:Profit before tax should be

Positive in atleast 2 (two) year, out of the last five audited financial years.

Relaxation in the above condition to this extend will enable the Authority to get more

foreign (particularly European) bidders which are otherwise technically sound and

have vast expeience in underground Metro construction design. Many such

companies including our's business model dont have their main thurst mere on short

term profitability but otherwise have bigger set up across the worls and maintain the

networth and working capital to meet the cost of the projects and spend majorly on

keeping high standards on technical establishment and professional's renumerations

and social securities Thus practice is being adopted by many government tendering

agencies viz. Rail Vikas Nigam Ltd (RVNL), Delhi Metro Rail Corporation

(DMRC), etc.



to bidders

General

Provisions

Point 10.1 of

the Table

(a) Tender Security (EMD)………………. It must be noted that in case of a JV/Consortium,

the Bank Guarantee (EMD in the form of Bank Gurantee) must be on behalf of the

JV/Consortium

Since the JV will be an unincorporated entity during the time of bid submission, it is

therefore impossible to arrange the Bank Guarantee for Bid Security in the name of

or on behalf of JV from the individual bank of the any partner firm. We therefor

request please amend the condition allowing the Lead member of JV to arrange Bank

Gurantee for Bid Security in its name or JV member should arrange the Bid Security

separately in proportion to their share in the JV. Further, kindly allow the EMD in the

form of Demand Draft/FDR also


120 Bank certificate for Banking Reference for Liquidity We understand if the bidder have required working capital which is certified in the

annual financial sheets of Bidder and have the positive net worth, in that case the

Bank certificate for banking reference is not required- Kindly clarify

Not agreed. N

121 FORM PER 2: Curriculum Vitae (CV) for proposed Key Experts Note:

The CVs of the Key Professional Staff should be signed on every sheet by the personnel

concerned and the last sheet of each CV should also be signed by the authorized signatory of

the applicants.

We request to kindly allow the scan signature of the proposed key staff on CV, since

many of the experts remain deployed at remote sites and would not be able to arrange

the signed hard copies of CV.

Not agreed. N

122

3. Conflict of Interest

3.1) Please note that the DDC organization who will be awarded this work may be considered

for general consultancy/ Project Management consultancy works for future CMRL contracts,

only when subject organization shall be participating as a separate entity of its organization,

maintaining separate key personnel and non-key personnel, not engaged in the work of these

present DDC contracts (i.e. P2C3-01, P2C3-02 & P2C5-03). Non-compliance of the above

will lead to stern action as appropriate including blacklisting of the subject consultant for

future contracts of Chennai Metro Rail Limited.

3.2.2) Conflict Assignments

Conflict among consulting assignments: Neither a Consultant nor any of its affiliates shall be

hired for any assignment that, by its nature, may be in conflict with assignment of the

Consultant.

You have mentioned that consultants undertaking the present DDC work may be

considered for GC or PMC in future provided they keep separate key and sub-key

personnel in 3.1. Where as in 3.2.2 you have indicated that neither a consultant nor

its affiliates shall be hired for future assignments, which may be in conflict with

assignment of the consultant.

Our Understanding- With this two clauses, it is not clear whether a consultant

already employed by CMRL for DDC work will be awarded GC/PMC in future-

Kindly Clarify.

Please Refer Addendum for modified clause Y

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123

3. Conflict of Interest &

Section-4

Evaluation &


3.2.4) One Bid Per Bidder

Based on the “One Bid per Bidder” principle, which is to ensure fair competition, a

Consultant, and any affiliate that directly or indirectly controls, is controlled by, or is under

common control with that Consultant shall not be allowed to submit more than one proposal,

either individually as a Consultant or as a member of a Joint Venture.

d. Award of Multiple contract criteria: Bidders are allowed to participate for DDC contract

packages P2C3-01, P2C3-02 & P2C3-05. Bidders may propose different teams of key

personnel separately.

If the bidder is found to obtaining highest marks in all three DDC contract packages, he will be

awarded maximum of two packages based on least cost combination (for two packages) to the

CMRL.

However, in case bidders bid for all three packages with the same Key personnel, and he is

able to secure highest marks in all the packages, they will be considered for only one package

which ever, is least cost to CMRL.

As the two clauses are contradicting, we request you to kindly clarify the following:

1) Can one company bid for all the three packages with different JV partners.

2) Can a bidder participate in more than one bid?

3) We understand that its one proposal per consultant whether as an individual or as

a member of JV. Please enlighten us.

(1) Yes

(2) Yes

(3)Refer Addendum

Y

124 General Query You have mentioned about forming JV but there is no indication of number of Joint

Venture partners. Please confirm how many companies can form the JV/Consortium.

As required to comply tender requirements N

125 18.) LIABILITY OF

CONSULTANT TO

THE EMPLOYER – –

Section-7

18.) Liability of the consultant to the Employer:

a) Consultant shall be liable to the Employer till the issue of the Performance Certificate. The

Employer shall issue Performance Certificate to the consultant after the completion of duration

of professional liability.

b) The consultant shall be issued Performance Certificate by the Employer stating that the

consultant has completed his obligation to the Employer’s satisfaction. Only the issue of

Performance Certificate shall be deemed as fulfilment of consultant’s obligations with respect

to this contract subject to clause 21

c) Consultant shall only be liable to pay compensation to the Employer arising out of in

connection with the Agreement for a breach of Contract. Such compensation shall be limited to

the amount specified against limitation of Liability mentioned in Conditions of Contract.

Normally in all externally aided project, liability of consultant is up to the contract

value. But in this RFP there is no mention of period of liability. Kindly clarify.

18 (a) is self-explanatory N

126 Section: 3

Clause-1.2

& Section: 3

Clause-1.12

1.2 Relevant Documents

a) CMRL has already prepared a Detailed Project Report for the Phase-II, of Chennai Metro

rail, and the design stages will be broadly based on this study. The relevant section of the DPR

can be given to the successful bidder upon award of work through a written request to CMRL.

b) The field of intervention of the Detail Design Consultant will be in the following disciplines:

Civil-Structural Works, Track design works, Architecure design works and Building Services

(E&M, Environment Control Sysytem (VAC), TVS, BMS, SCADA etc) as specified in this

scope of works.

c) All available design data available in Detailed project Report such as topographic surveys,

utility surveys, commuter traffic data etc. & geotechnical information shall be made available

to the Detail Design Consultant at the appropriate time after award of work as requested in

writing by the consultant. The DDC shall study all

subsurface and sub-soil data provided by CMRL which shall be used for design works

It is mentioned in

CHAPTER 2: services to be performed by the DDC prior to the award of

construction contracts: (survey and investigation)

It is clearly indicated in this chapter that topographical surveys needs to be done and

Geotechnical interpretation report to be prepared.

Submit interpretative soil investigation report and input data for structural and

foundation design for individual buildings/ structures/ equipment.

We understand that in order to do such necessary activities we have to consider

separate cost during bidding where as in 11. Financial Bid (Instruction to bidders)

Section-2, you have mentioned to consider Survey cost as lump sum. We request

CMRL to kindly break the cost as per the various surveys to be undertaken by the

DDC to avoid cost surge while preparing financial proposal.

Not agreed. Tender conditions prevail. Refer Addendum Y

127 General Query We request CMRL to kindly provide us the Estimates (man-months) of the Experts

needed to carry out the assignment. Also we request CMRL to confirm us the

minimum necessary inputs required in Chennai for experts.

DDC shall estimate and submit mobilization schedule as per

PER-4

Y

128 Section-4 Eligibility &

Qualification criteria

Experince and Qualification:

Qualfication – PHD / Doctorate or Postgraduate

For all the key experts you have desired to have a PHD candidate as the key expert.

We would like to request you to allow postgraduate in lieu of PHD as getting PHD

candidates will be a challenging task and kindly amend the marking accordingly.

Agreed. Refer addendum-1. Y

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129 General Query You are adopting QCBS: 70:30, we request you to amend this to 80:20 which is a

general practice in most of the consultancy work of such magnitude.

Not agreed. Tender conditions prevail. N

130 Section-7 General

Condition of Contract

This assignment involves extensive coordination between the Southern Railway,

CMRL and other Government Departments. It is expected that these liquidated

damages would be claimed only in the event that the delay is solely attributable to the

Consultant and it may be noted that delay in provision of data/inputs necessary for

the study mainly by Railways/CMRL might delay the progress of the Consultancy

services and we request that in such an event, the liquidated damages not be claimed

by CMRL

Shall be decided on case to case basis based on responsibility of

delay determined. Employer's decision in this regard will be

final and binding.

N


to Bidder,

clause 3 and

3.2.2- Conflict

of Interest and

Conflict

Assignments

Clause 3.1) Conflict of Interest

Please note that the DDC organization who will be awarded this work may be considered for

general consultancy/ Project Management consultancy works for future CMRL contracts, only

when subject organization shall be participating as a separate entity of its organization,

maintaining separate key personnel and non-key personnel, not engaged in the work of these

present DDC contracts (i.e. P2C3-01, P2C3-02 & P2C5-03). Non-compliance of the above

will lead to stern action as appropriate including blacklisting of the subject consultant for

future contracts of Chennai Metro Rail Limited.

Clause 3.2.2) Conflict Assignments

Conflict among consulting assignments: Neither a Consultant nor any of its affiliates shall be

hired for any assignment that, by its nature, may be in conflict with assignment of the

Consultant.

As per our understanding, the Consultants undertaking the present DDC work may

be considered for GC or PMC in future provided they keep separate key and sub-key

personnel in 3.1. However, in Clause 3.2.2 it is indicated that neither a consultant nor

its affiliates shall be hired for future assignments, which may be in conflict with

assignment of the consultant.

The mentioned above two clauses contradicts, we request fo