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Page 1 of 48 TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION LIMITED Selection of Consultant for preparation of Techno Economic Feasibility Report, Master Plan and providing Transaction Advisory Services for establishing Fin Tech City Pre Bid Meeting held on 17.03.2019 at 3.30 pm at TIDCO Pre Bid - Responses /Clarifications to the queries Sl. No. Reference as per RFP Contents of RFP Queries received from the prospective bidders through email/letter TIDCO’s Clarifications/Replies BIDDER -1 1. Section --5 Eligibility Criteria and Evaluation Methodology Clause --1 Sub-Clause 1. Minimum Qualification Criteria for Evaluation Page no --22 Tender clause iv. Similar work experience in last five years: a) The Bidder should have experience of at least three (3) similar projects(Preparation of EFR/ DFR / DPR and Master Plan involving detailed market demand assessment, Architectural Master Plan and Conceptual design, Project & financial structuring, business plan, financial modeling etc.,) related to development and operations of real estate infrastructure project in the nature of large premium Industrial Estates, Special Economic Zones, Hotels, Convention Centres, Technology Parks, Information Technology Parks, Office Space, Commercial Space, Modern Townships with each project involving capital investment (Project Cost excluding the cost of land), not less than Rs. 500 crore during the last five (5) financial years ended 31.03.2019. This We request the Authority to allow bidders to showcase ongoing assignments across the different categories as projects of similar nature exhibit long execution periods. Typically, client certificates are concise documents and do not have aspects such as Fee, Duration, Scope, etc. (On the other hand, certain clients put constraints on Consultants as a part of Non- Disclosure Agreements from sharing any such information with external parties.) Therefore, we request the Authority to allow bidders to submit CA certification for eligible assignments which clearly state that the project has been undertaken and fee in lieu of the work executed has been received. Ongoing assignments will not be considered for technical evaluation. The work order /LoA/ Contract agreement along with work completion certificate by the client or CA certification for proof of 100% payment made by Client for each eligible assignment shall be considered for technical evaluation.

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Page 1: TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION … · TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION LIMITED Selection of Consultant for preparation of Techno Economic Feasibility Report,

Page 1 of 48

TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION LIMITED

Selection of Consultant for preparation of Techno Economic Feasibility Report, Master Plan and

providing Transaction Advisory Services for establishing Fin Tech City

Pre Bid Meeting held on 17.03.2019 at 3.30 pm at TIDCO

Pre Bid - Responses /Clarifications to the queries

Sl.

No.

Reference

as per RFP

Contents of RFP Queries received from the prospective

bidders through email/letter

TIDCO’s

Clarifications/Replies

BIDDER -1

1. Section --5

Eligibility

Criteria and

Evaluation

Methodology

Clause --1

Sub-Clause

1. Minimum

Qualification

Criteria for

Evaluation

Page no --22

Tender clause

iv. Similar work experience in last five

years:

a) The Bidder should have experience of

at least three (3) similar

projects(Preparation of EFR/ DFR / DPR

and Master Plan involving detailed

market demand assessment,

Architectural Master Plan and Conceptual

design, Project & financial structuring,

business plan, financial modeling etc.,)

related to development and operations of

real estate infrastructure project in the

nature of large premium Industrial

Estates, Special Economic Zones, Hotels,

Convention Centres, Technology Parks,

Information Technology Parks, Office

Space, Commercial Space, Modern

Townships with each project involving

capital investment (Project Cost

excluding the cost of land), not less than

Rs. 500 crore during the last five (5)

financial years ended 31.03.2019. This

We request the Authority to allow bidders to

showcase ongoing assignments across the different

categories as projects of similar nature exhibit long

execution periods.

Typically, client certificates are concise documents

and do not have aspects such as Fee, Duration,

Scope, etc. (On the other hand, certain clients put

constraints on Consultants as a part of Non-

Disclosure Agreements from sharing any such

information with external parties.)

Therefore, we request the Authority to allow

bidders to submit CA certification for eligible

assignments which clearly state that the project

has been undertaken and fee in lieu of the work

executed has been received.

Ongoing assignments will not be

considered for technical

evaluation.

The work order /LoA/ Contract

agreement along with work

completion certificate by the

client or CA certification for proof

of 100% payment made by

Client for each eligible

assignment shall be considered

for technical evaluation.

Page 2: TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION … · TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION LIMITED Selection of Consultant for preparation of Techno Economic Feasibility Report,

Page 2 of 48

Sl.

No.

Reference

as per RFP

Contents of RFP Queries received from the prospective

bidders through email/letter

TIDCO’s

Clarifications/Replies

consultancy assignment should

necessarily be for a project in India.

And

b) The Bidder should have experience in

providing Transaction Advisory services

to atleast two (2) infrastructure projects

with project cost not less than Rs. 500

crore each, during the last 5 financial

years ended 31.03.2019.

1.2 The eligible consultants shall be

required to submit self-attested copies of

the following along with their Proposal:

i. Documents verifying the claim as per

above including the appointment letter/

work order /

Contract agreement and letter of

successful work completion from the

Client.

2. Section –5

Eligibility

Criteria And

Evaluation

Methodology

Sub-Clause

2. Selection

Process

Page no --24

Tender Clause

2.1 Technical Evaluation Criteria

(I) Specific Experience of the Consulting

Agency Experience in Preparation of

TEFR/DFR/DPR and Master Planning

involving detailed market demand

assessment, Architectural Master Plan

and Conceptual design, Project &

financial structuring, business plan,

financial modeling etc.,) related to

development and operations of real

estate infrastructure project in the

We request the Authority to allow bidders to

showcase ongoing assignments across the different

categories as projects of similar nature exhibit long

execution periods. Typically, client certificates are

concise documents and do not have aspects such

as Fee, Duration, Scope, etc. (On the other hand,

certain clients put constraints on Consultants as a

part of Non-Disclosure Agreements from sharing

any such information with external parties.)

Therefore, we request the Authority to allow

bidders to submit CA certification for eligible

assignments which clearly state that the project

Please refer to the reply to the

query in sl.no.1 above

Page 3: TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION … · TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION LIMITED Selection of Consultant for preparation of Techno Economic Feasibility Report,

Page 3 of 48

Sl.

No.

Reference

as per RFP

Contents of RFP Queries received from the prospective

bidders through email/letter

TIDCO’s

Clarifications/Replies

nature of large premium Industrial

Estates, Special Economic Zones, Hotels,

Convention Centres, Parks

has been undertaken and fee in lieu of the work

executed has been received.

3. Section –5

Eligibility

Criteria And

Evaluation

Methodology

Sub-Clause

2. Selection

Process

Page no --24

2.1 Technical Evaluation Criteria

(II) Experience in providing Transaction

Advisory services to infrastructure

projects with project cost not less than

Rs. 500 crore each, during the last 5

financial years ended 31.03.2019.

a. 10 marks for fulfilling minimum

qualification criteria given above. (2

Projects)

b. Additional projects – 2.5 marks for

each project more than 2 eligible

projects -15

(Note- The project claimed for additional

marks should not be same)

We request the Authority to allow bidders to

showcase ongoing assignments across the different

categories as projects of similar nature exhibit long

execution periods. Typically, client certificates are

concise documents and do not have aspects such

as Fee, Duration, Scope, etc. (On the other hand,

certain clients put constraints on Consultants as a

part of Non-Disclosure Agreements from sharing

any such information with external parties.)

Therefore, we request the Authority to allow

bidders to submit CA certification for eligible

assignments which clearly state that the project

has been undertaken and fee in lieu of the work

executed has been received.

Please refer to the reply to the

query in sl.no.1 above

4 EOI Submission Date

Project of such measure require formulation of a

world class team of consultants comprising Team

Leader, Legal and Financial expert(s) along with

the support staff, which needs meticulous scrutiny

and due diligence of the team partners. Owing to

the same we request the authority to consider

extending the last date of the submission of the bid

by at least 15 working days from the date of

receiving clarifications from the Authority. We

would appreciate your positive response.

Last date for submission of

bid has been extended on

06.05.2020

Page 4: TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION … · TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION LIMITED Selection of Consultant for preparation of Techno Economic Feasibility Report,

Page 4 of 48

Sl.

No.

Reference

as per RFP

Contents of RFP Queries received from the prospective

bidders through email/letter

TIDCO’s

Clarifications/Replies

BIDDER-2

5 Section 5:

Eligibility

Criteria and

Evaluation

Methodology

Clause (2.1)

Page No. 24

We would request the clause be modified to read

“Experience in Preparation of TEFR/DFR/DPR and

Master Planning involving detailed market demand

assessment, Architectural Master Plan and

Conceptual design, Project & financial structuring,

business plan, financial modelling etc.,) related to

development and operations of real estate

infrastructure project in the nature of large

premium Industrial Estates, Special Economic

Zones, Hotels, Convention Centres, Technology

Parks, Information Technology Parks, Office Space,

Commercial Space, Modern Townships involving

capital investment (Project Cost excluding the cost

of land) not less than Rs. 100 crores during the last

ten (10) financial years ended 31.03.2019.”

The clause 1.1-iv(a) in section-5

is amended as below:

“The Bidder should have

experience of at least three (3)

similar projects (Preparation of

TEFR/DFR/DPR involving

detailed market demand

assessment, Architectural

Master Plan and Conceptual

designs, cost estimates, Project

& financial structuring, business

plan, financial modelling etc.,)

related to development and

operations of real estate

infrastructure project in the

nature of large premium

Industrial Estates, Special

Economic Zones, Hotels,

Convention Centres, Technology

Parks, Information Technology

Parks, Office Space, Commercial

Space, Modern Townships with

each project involving capital

investment (Project Cost

excluding the cost of land), not

less than Rs. 250 crore during

the last ten (10) financial years

ended 31.03.2019.

Page 5: TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION … · TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION LIMITED Selection of Consultant for preparation of Techno Economic Feasibility Report,

Page 5 of 48

Sl.

No.

Reference

as per RFP

Contents of RFP Queries received from the prospective

bidders through email/letter

TIDCO’s

Clarifications/Replies

This consultancy assignment

should necessarily be for a

project in India.”

6 Section 5:

Eligibility

Criteria and

Evaluation

Methodology

Clause (2.1)

Page No. 24.

Experience in providing Transaction

advisory services to infrastructure

projects with project cost not less than

Rs. 500 Crore each, during the last 5

financial years ended 31.03.2019

We would request the clause be modified to read

“Experience in providing Transaction advisory

services to infrastructure projects with project cost

not less than Rs. 100 Crore each, during the last

10 financial years ended 31.03.2019”

The clause 1.1-iv(b) in section-5

is amended as below:

“The Bidder should have

experience in providing Transaction Advisory services to

atleast two (2) infrastructure projects with project cost not

less than Rs. 250 crore each,

during the last 10(Ten) financial years ended 31.03.2019.”

Here Infrastructure projects

mean all transport, Logistics,

industrial, social and commercial

infrastructure projects.

7 Section 3,

Instructions

to

Consultants,

clause1.4

Page 8

The Team Leader must be from the Lead

Member ofthe Consortium.

The lead member is decided on the basis of overall

scope share between the consortium members.

However, team leader based on the

qualification/experience may be from the other

consortium member. In view of the above, it is

requested that this criterion be waived and the

flexibility of deciding the Team leader be provided

to the consultants.

Not considered

8 Section 3,

Clause3.1

Page 10

50% of the project team composition/

Key staff should be on the permanent

employees of the Sole firm or the firms

constituting the Consortium.

Given the varied experience required to execute

this project, we request you to permit us flexibility

in deploying external experts who meet the RfP

requirements.

Not considered

Page 6: TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION … · TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION LIMITED Selection of Consultant for preparation of Techno Economic Feasibility Report,

Page 6 of 48

Sl.

No.

Reference

as per RFP

Contents of RFP Queries received from the prospective

bidders through email/letter

TIDCO’s

Clarifications/Replies

9 Section 3

Instructions

to

Consultants

Clause12.1

Page 10

Conditions of Termination of the contract

TIDCO shall have the right to terminate

this contract in part or in full under any

of the following circumstances: Time is

the essence of the contract and

therefore, the contract is liable to be

terminated if the consultant fails to

deliver the job within the stipulated date

and time.

We wish to clarify that this clause may be applied

only in the event of the delay being solely

attributable to the consultants.

Yes. If in the opinion of TIDCO, if

the delay is solely attributable to

the consultant.

10 7F. Format

to

Demonstrate

Technical

Eligibility

Page 47

Airport Capacity (in Million Passengers) This does not appear applicable to this study.

Please clarify

It is typographical error. This is

not applicable. Hence deleted

11 7J. Format of

CV for

Proposes

Professional

Staff

Page 51

Work undertaken that Best Illustrates

capability to Handle the Task Assigned

“TIDCO”

The word “TIDCO” appears to be out of Place.

Please clarify

It is typographical error. This

may be read as “Client”

12 Section 6

Deliverables

and

Payment

Schedule

Revision of payment schedule Not considered

13 Section 2

Data Sheet

Page 7

Date of submission of Proposal We request that the date of submission be

extended by 2 weeks from the date of response to

queries or 17 April 2020 whichever is later.

Last date for submission of bid

has been extended on

06.05.2020

Page 7: TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION … · TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION LIMITED Selection of Consultant for preparation of Techno Economic Feasibility Report,

Page 7 of 48

Sl.

No.

Reference

as per RFP

Contents of RFP Queries received from the prospective

bidders through email/letter

TIDCO’s

Clarifications/Replies

14 Clause 5.4

Page16

Execution of Contract: After

acknowledgement of the LoA and

furnishing of Performance Security as

aforesaid by the Successful Bidder, it shall

execute the Contract within 7 (Seven)

days from the date of acknowledgement

of receipt of LoA.

Timeline for provision of performance security BG

is only 1 week. This is a prerequisite for contract

signing.

We would request 2 weeks of time for the provision

of the performance security bank guarantee and

executing the contract.

Accepted

15 Notes

Clause 3 on

Page 44

For a Joint Bidding Agreement executed

and issued overseas, the document shall

be legalised by the Indian Embassy and

notarized in the jurisdiction where the

Power of Attorney has been executed.

Since we are all reputed firms, we request that a

Letter of Association (clearly mentioning the nature

of the consortium - whether JV, sub-consultant etc)

and a Board resolution duly authorising the

Signatory be accepted

Accepted

16 Clause. 1.12

on pg. 9

Procurement

Cost/ Tender

Fees

The Fee for the RFP document is Rs.

25,000/-

(Rupees Twenty Five Thousand only)

including GST, which is Non-refundable.

The Bidders shall pay the fee for the RFP

document by way of a Demand Draft

drawn from any Scheduled Bank in India

in favour of payable at Chennai. The

document can also be downloaded from

the website www.tidco.com. In case the

Bidders have downloaded the RFP

document from the website, they should

submit the DD towards the RFP

document fee along with their Proposal.

Please refer to Rule 161 (IV) of GFR 2017.

In order to promote wider participation and ease of

bidding, no cost of tender document may be

charged for the tender documents downloaded by

the bidders.”

We understand that cost of tender document

should not be charged under the said Rule.

Accordingly, we request you to waive / delete the

requirement for submitting tender fee under the

RFP.

Not considered

Page 8: TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION … · TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION LIMITED Selection of Consultant for preparation of Techno Economic Feasibility Report,

Page 8 of 48

17 Clause. 9 on

pg. 57

The [Name of Consultants] shall also

indemnify and hold harmless the (Name

of Client) against any and all claims

with respect to loss of profit, data or

goodwill, or any other consequential,

incidental, indirect, punitive or special

damages in connection with claims,

demands, and/or judgments of any

nature brought against the (Name of

Borrower) arising out of gross negligence

of the [Name of Consultants] in the

provision of services under this contract.

The liability of the [Name of Consultants]

under any circumstance shall not exceed

one time of contract value or fee paid to

the Consultant, whichever, is lesser.

However, this limitation on liability shall

not apply to losses or damages caused

by the Consultant’s fraud or willful

misconduct and liability in this case shall

be actual as determined by the Good

Industry Practice/Applicable law. The

obligation under this paragraph shall

survive the termination of this Contract.

Client is requested to include a clause to state that

we will not be liable for any indirect and

consequential losses or damages. This is as per

GFR and Meity guidelines and is also the industry

standard. Even the law, Contract Act, stipulates it

and remote and consequential damages are not

payable. Client is requested to include the below

clause:

“Purchase/Client agrees that Consultant will not be

liable for (i) loss or corruption of data from your

systems, (ii) loss of profit, goodwill, business

opportunity, anticipated savings or benefits or

(iii)indirect or consequential loss.”

Accepted

18 Clause. 6 on

pg. 16,

clause. 20 on

pg. 59,

clause. 24 on

pg. 63

Confidentiality Obligations Client Client is requested to consider that we may have

to disclose information for successful

accomplishment of work and for regulatory and

internal compliance purposes. However, to the

extent legally permissible, we will ensure that even

if the information is disclosed to any third party,

such parties maintain confidentiality of such

Not considered

Page 9: TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION … · TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION LIMITED Selection of Consultant for preparation of Techno Economic Feasibility Report,

Page 9 of 48

information. Client is therefore requested to kindly

include the following clause:

“Consultant may disclose confidential information:

(a)to its employees, directors, officers and sub

contractors, on a need to know basis, as required

for performance of services, provided such

employees, directors, officers and subcontractors

are bound by confidentiality obligations; (b) where

required by applicable law or regulation or for

regulatory and compliance (both internal and

external) purposes.”

19 clause. 20 at

pg. 59

The [Name of Consultants] also agree

that all knowledge and information not

within the public domain which may be

acquired during the carrying out of this

Contract, shall be, for all time and for all

purpose, regarded as strictly confidential

and held in confidence, and shall not be

directly or indirectly disclosed to any

person whatsoever, except with

the(Name of Client) written permission.

We request client to kindly confirm that we will be

obliged to protect Confidential information using

the same degree of care as we use to protect our

confidential information of similar nature, and in

any event, by using at least reasonable degree of

care.

Accepted

20 NA Confidentiality Obligations: No right to

disclose client name or project for

citation / reference purposes

Please appreciate that this is a prestigious project

for us, and we would like to showcase this project

in our future proposals. We request the client to

allow us to refer to you and the services we have

performed for you for citation / reference

purposes, as long as we do not disclose your

confidential information.

Accepted

Subject to Clause. 16 on pg. 58

of RFP.

(Ref Sl. No. 28 of this document)

Page 10: TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION … · TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION LIMITED Selection of Consultant for preparation of Techno Economic Feasibility Report,

Page 10 of 48

21 Clause. 9 on

pg. 57

The [Name of Consultants] shall also

indemnify and hold harmless the (Name

of Client) against any and all claims with

respect to loss of profit, data or goodwill,

or any other consequential, incidental,

indirect, punitive or special damages in

connection with claims, demands, and/or

judgments of any nature brought against

the (Name of Borrower) arising out of

gross negligence of the [Name of

Consultants] in the provision of services

under this contract. The liability of the

[Name of Consultants] under any

circumstance shall not exceed one time

of contract value or fee paid to the

Consultant, whichever, is lesser.

However, this limitation on liability shall

not apply to losses or damages caused

by the Consultant’s fraud or willful

misconduct and liability in this case shall

be actual as determined by the Good

Industry Practice/Applicable law. The

obligation under this paragraph shall

survive the termination of this Contract.

We agree to indemnify to the extent the

damages/losses are finally determined by a

competent court or arbitration. Please make

indemnities subject to final determination by

court/arbitrator. This is also the industry standard

and prescribed by Meity in its guidelines. However,

we wish to clarify that except for balanced third

party IPR infringement indemnity and a balanced

reciprocal indemnity for death/bodily injury, we will

be unable to provide other multiple indemnities in

the manner as proposed in the Contract. We

believe that either side will have full and adequate

contractual/ legal recourse to address the other

situations, thereby avoiding the need for the other

multiple indemnities that have been currently

sought in the Contract.

Also we request you to kindly cap these

indemnities to one time the fees payable to us

under this Agreement.

Also, since ""gross negligence"" is capable of

subjective determination. Hence we request you to

replace the word ""gross negligence"" with

""fraud"" and ""dishonesty"" which have a

crystallised understanding."

Not considered.

22 Process for Indemnity We wish to clarify that the indemnities set out in

this agreement shall be subject to the following

conditions:

(i) the Indemnified Party as promptly as practicable

informs the Indemnifying Party in writing of the

claim or proceedings and provides all relevant

evidence, documentary or otherwise;

Not considered

Page 11: TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION … · TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION LIMITED Selection of Consultant for preparation of Techno Economic Feasibility Report,

Page 11 of 48

(ii) the Indemnified Party shall, at the cost of the

Indemnifying Party, give the Indemnifying Party all

reasonable assistance in the Defense of such claim

including reasonable access to all relevant

information, documentation and personnel

provided that the Indemnified Party may, at its sole

cost and expense, reasonably participate, through

its attorneys or otherwise, in such Defense;

(iii) if the Indemnifying Party does not assume full

control over the Defense of a claim as provided in

this clause, the Indemnified Party may participate

in such defense at its sole cost and expense, and

the Indemnified Party will have the right to defend

the claim in such manner as it may deem

appropriate, and the cost and expense of the

Indemnified Party will be included in losses;

(iv) the Indemnified Party shall not prejudice, pay

or accept any proceedings or claim, or compromise

any proceedings or claim, without the written

consent of the Indemnifying Party;

(v) all settlements of claims subject to

indemnification under this Clause will:

a) be entered into only with the consent of the

Indemnified Party, which consent will not be

unreasonably withheld and include an

unconditional release to the Indemnified Party

from the claimant or plaintiff for all liability in

respect of such claim; and b) include any

appropriate confidentiality agreement prohibiting

disclosure of the terms of such settlement;

(vi) the Indemnified Party shall account to the

Indemnifying Party for all awards, settlements,

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Page 12 of 48

damages and costs (if any) finally awarded in

favour of the Indemnified Party which are to be

paidto it in connection with any such claim or

proceedings;

(vii) the Indemnified Party shall take steps that the

Indemnifying Party may reasonably require to

mitigate or reduce its loss as a result of such a

claim or proceedings;

(viii) in the event that the Indemnifying Party is

obligated to indemnify an Indemnified Party

pursuant to this clause, the Indemnifying Party

will, upon payment of such indemnity in full, be

subrogated to all rights and defenses of the

Indemnified Party with respect to the claims to

which such indemnification relates;

and (ix) if a Party makes a claim under the

indemnity set out under Clause above in respect of

any particular loss or losses, then that Party shall

not been titled to make any further claim in respect

of that loss or losses (including any claim for

damages).

23 Clause. 12

on pg. 18

Conditions of Termination of the

Contract:

Termination without notice and

rectification period

To uphold the principles of natural justice, we

request client to notify us and give us a rectification

period of atleast 30 days, prior to invoking this

clause.

Not considered

24 Clause. 22.1

(c) and

clause.

22.2 (c) on

pg. 60 and

clause.

If the Consultant fails to comply with any

final

decision reached as a result of arbitration

proceedings; If the Client fails to comply

with any final decision reached as a

result of arbitration. Time is the essence

of the contract and therefore, the

We request client to delete these grounds for

termination as it is unreasonable and there are

several remedies in contract and law available to

the client for such breach.

Not considered

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Page 13 of 48

12.1(iii) on

pg. 18

contract is liable to be terminated if the

consultant fails to deliver the job within

the stipulated date and time.

25 Clause. 23

on pg. 63

Conflict of interest: The Consultant shall

hold the Client’s interests paramount,

without any consideration for future

work, and strictly avoid conflict with

other assignments or their own

corporate interests.

We wish to highlight that we are a large

organization providing various services to various

state and central government departments, PSUs,

international organizations and private clients. We

wish you to note that while we have a mechanism

in place to identify patent and direct conflict of

interests; it may not always be possible to identify

any or all indirect or remote conflict of interests.

Kindly appreciate that our no conflict confirmations

will be subject to the foregoing.

Not considered.

26 Clause. 11

on pg. 18

Liquidated Damages:

In the event of delays in submission of

the deliverables vis a vis the Timeframe

prescribed for the proposed Deliverables

in the Clause3 of Section-6 of the RFP

pertaining the submission ofthe

Deliverables, penalty will be levied at the

rate of One Percent (1%) of the Awarded

Lumpsum Fees per week or part thereof

of delay, subject to a maximum of Ten

Percent (10%) of the Awarded Lumpsum

Fees.

We request the client to cap the liquidated

Damages/penalties cumulatively to 5% of the total

contract value.

Not considered.

27 Clause. 12.1

(i) on

pg. 18

Time is the essence of the contract and

therefore, the contract is liable to be

terminated if the consultant fails to

deliver the job within the stipulated date

and time.

By making time of essence of the contract, you

retain the right to void the contract ab initio in case

timelines are not met. There are various

dependencies on the client and other third parties

for completing the project.

Not considered.

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There may be delays on part of client and other

parties also. Thus, contract can be voided by you

even if the fault is not entirely ours.

We understand that it is not the intention to make

the agreement void ab initio in case of any delay in

achieving the timelines. You may exercise your

right to terminate the contract in case of material

breaches. Thus, request you to kindly delete this

clause.

28 Clause. 16

on pg. 58

All reports, plans, drawings,

specifications, designs, reports, bid

documents and other documents, design

calculations, etc., submitted by the

Consultants in the performance of the

Services shall become and remain the

property of the Client. The Consultants

may retain a copy of such documents but

shall not use them for purposes

unrelated to this Contract without the

prior written approval of the Client. The

various reports and documents prepared

as part of this assignment is not a public

document and the reports / documents

will always be the property of the Client.

There are innumerable IPRs that exist with us

which we would like to use to your benefit while

delivering our services to you. These are our pre-

existing IPRs and we use it for all clients. We will

not be able to give ownership in such IPRs to you

just because we are using them for providing

services to you, like we use these for other clients.

We request that we are allowed to retain ownership

of our pre-existing IPRs, else we might be not be

able to use these in providing services to you in

order to protect our ownership in them. We request

you to kindly include the below clause. This is also

the standard mentioned by Meity in its guidelines.

“Notwithstanding anything to the contrary in this

agreement, Consultant will retain the ownership of

its pre-existing intellectual property rights

(including any enhancement or modification

thereto) even if such IPR are used for creating

deliverables, are incorporated in the deliverables,

etc. To the extent such pre-existing IPRs are

included/incorporated in the deliverables, upon

receipt of all due and payable payment in full, the

Consultant shall grant a non-exclusive, perpetual

Not considered

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and fully paid up license to the Purchaser/Client to

use such pre-existing IPRs for use of deliverables

for the purpose for which such deliverables are

meant for client’s internal business operations.”

29 Clause. 8 on

pg. 57

The [Name of Consultants] will be

responsible for appropriate insurance

coverage. In this regard, the[Name of

Consultants] shall maintain workers

compensation, employment liability

insurance for their staff on the

assignment. The Consultants shall also

maintain comprehensive general liability

insurance, including contractual liability

coverage adequate to cover the

indemnity of obligation against all

damages, costs, and charges and

expenses for injury to any person or

damage to any property arising out of, or

in connection with, the services which

result from the fault of the [Name of

Consultants] or its staff

We wish to clarify that we maintain insurances, at

the firm level, which are required to be maintained

by us asper the provision of laws. Separate

insurances for this project may not be required in

light of such firm level insurance. We can provide

you with a confirmation about our firm level

insurance and that to the extent required by law,

this project will also be covered under that

insurance. We hope that should suffice. Please

confirm.

Accepted

30 clause. 9 on

pg. 18,

clause. 21 on

pg. 59

The Parties agree to use their best efforts

for resolving all Disputes arising under or

in respect of this Agreement promptly,

equitably and in good faith, and further

agree to provide each other with

reasonable access during normal

business hours to all non-privileged

records, information and data pertaining

to any Dispute. For any dispute arising

out of this Agreement / Contract, only

the Courts in Chennai shall have

The 2 clauses quoted herein are all contradictory

to each other. We request the client to provided

suitable clarification on the process of arbitration

to be applicable to this engagement. We request

client to consider referring the disputes to

arbitration as per Indian laws. It is easier, faster

and less cumbersome. With the recent

amendments, it has become even more effective.

GFR and Meity guidelines also encourage

arbitration. We therefore request you to kindly

consider the below clause inclusion:

In Section 3 –Instructions to

Consultants under Clause 9-

Dispute resolution the sentence

“Arbitration clause is not

applicable” is deleted.

In Page No.59 Clause 21-

Settlement of Disputes remains

unchanged

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jurisdiction to settle such disputes.

(Arbitration clause is not applicable).

SETTLEMENT OF DISPUTES

21.1 Amicable Settlement: The Parties

shall use their best efforts to settle

amicably all disputes arising out of or in

connection with this Contract or the

interpretation thereof.

22.2. Miscellaneous. In any arbitration

proceeding hereunder:

(a) proceedings shall, unless otherwise

agreed by the Parties, be held in

Chennai.

(b) the English language shall be the

official language for all purposes; and---

(c)the decision of the sole arbitrator or of

a majority of the arbitrators (or of the

third arbitrator if there is no such

majority) shall be final and binding and

shall be enforceable in court of

competent jurisdiction (Chennai), and

the Parties hereby waive any objections

to or claims of immunity in respect of

such enforcement.

In case, a dispute is not amicably resolved within

forty five (45) days of referral by one party to

another, it shall be resolved through arbitration, in

India, in accordance with the provisions of

Arbitration and Conciliation Act 1996 (and any

amendments thereto). The venue of such

arbitration in India shall be in Chennai. In order to

uphold the principles of natural justice and the

provisions of the Arbitration and Conciliation Act,

we request that the arbitrator(s) be appointed with

mutual consent of both the parties. Alternatively, a

panel of three arbitrators may be set up in which

one arbitrator is appointed by Consultant, one by

the client and the two arbitrators appoint third

arbitrator. Please confirm.

31 Clause. 25

on pg. 63

Accounting, Inspection and Auditing: The

Consultant shall keep accurate and

systematic accounts and records in

respect of the Services and in such form

and detail as will clearly identify relevant

time changes and costs. The Consultant

shall permit, the Client and/or persons

We wish to clarify that we will retain our records as

per our records retention policies. Upon reasonable

notice, we will allow Client to inspect our invoicing

records under this engagement; such inspection

shall be done in a pre-agreed manner and during

normal business hours. For avoidance of doubt,

such inspection should not cause us to be in breach

Accepted

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appointed by the Client to inspect the

Site and/or all accounts and records

relating to the performance of the

Contract and the submission of the

Proposal to provide the Services, and to

have such accounts and records audited

by auditors appointed by the Client if

requested by the Client.

of our organizational confidentiality requirements.

Please acknowledge that our audit related

obligations will be subject to foregoing statement.

32 There is no restriction on the usage of

deliverable. No third party disclaimers.

We will be providing services and deliverables to

you under the contract. We accept no liability to

anyone, other than you, in connection with our

services, unless otherwise agreed by us in writing.

You agree to reimburse us for any liability

(including legal costs) that we incur in connection

with any claim by anyone else in relation to the

services. Please confirm our understanding is

correct

Not considered

33 No acceptance criteria

If the project is to be completed on time, it would

require binding both parties with timelines to fulfil

their respective part of obligations. We request you

that you incorporate a deliverable acceptance

procedure, perhaps the one provided by Meity in

their guidelines, or the one suggested below, to

ensure that acceptance of deliverables is not

denied or delayed and comments, if any, are

received by us well in time. You may consider

including the below simple clause: “Within 10 days

from Client’s receipt of a draft deliverable, Client

will notify Consultant if it is accepted. If it is not

accepted, Client will let Consultant know the

reasonable grounds for such non acceptance, and

Consultant will take reasonable remedial measures

Not considered

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so that the draft deliverable materially meets the

agreed specifications. If Client does not notify

Consultant within the agreed time period or if

Client uses the draft deliverable, it will be deemed

to be accepted.”

34 clause. 4.3

on pg. 15

Except as TIDCO may otherwise agree,

no changes shall be made in the Key

Personnel after signing of the Contract.

If, for any reason beyond the reasonable

control of the Consultant, such as

retirement, death, medical incapacity,

among others, it becomes necessary to

replace any of the Key Personnel, the

Consultant shall provide as a

replacement a person of equivalent or

better qualifications. TIDCO will accept

one-time replacement only and any

second replacement for same position

proposed by the Consultant shall attract

a penalty of 1% of the Awarded

Lumpsum Fees.

There may be circumstances beyond the

reasonable control of the Consultant, where a

replacement of personnel may be necessary, such

as illness, death, resignation or disciplinary action

against the concerned personnel, etc. In such

cases, Client is requested toallow exceptions to this

clause and make penalties in applicable. The

Consultant shall exercise reasonable efforts to

provide a suitable replacement to the Client.

Not considered

35 clause. 10 on

pg. 58

The Consultant agrees that, during the

term of this Contract and after its

termination, the Consultant and any

entity affiliated with the Consultant, shall

..........be disqualified from providing

goods, works or services (other than the

Services and any continuation thereof)

for any project resulting from or closely

related to the Services.

We are constrained in our ability to agree to such

non-compete restrictions since PwC, as

professional advisor, needs to be able to provide

such services to its other clients. However, even if

we are providing services to others (including

those who may be competitors of our client), we

do not use or disclose any confidential information

received from our client – in this regard, we also

maintain requisite ethical walls to ensure client

confidentiality is protected. This is a fundamental

tenet of the way we do business, and is well

Accepted

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accepted by our clients in India and other

jurisdictions.

36 clause. 15 on

pg. 58

The Client shall have the right to invoke

and appropriate the proceeds of the

Performance Security, in whole or in

part, without notice to the Consultant in

the event of breach of the work assigned

in the ToR or the finalized Agreement.

We request the client to provide 30 days notice for

rectification prior to invoking the PBG.

Not considered

BIDDER-3 & 4

37 Clause 11,

page

18 of 68

In the event of delays in submission of

the deliverables vis-a-vis the Timeframe

prescribed for the proposed Deliverables

in the Clause 3of Section-6 of the RFP

pertaining the submission of the

Deliverables, penalty will be levied at the

rate of One Percent (1%) of the Awarded

Lumpsum Fees per week or part thereof

of delay, subject to a maximum of Ten

Percent (10%) of the Awarded Lumpsum

Fees.

Please note that the consultant shall notbe liable to

pay the penalty of the delay is caused, wholly or

partly due to

1. Delay in sharing of required information by the

Authority 2. Delay in review/ feedback/ approval of

submitted deliverables by the Authority

3. Any other reason that cannot be attributed to the performance/deficiency/ non-performance of

the consultant 4. Any other reason that is beyond the control of

the consultant

Not considered

38 Section 5,

Clause1(iv)

(a) and (b),

Similar work experience in the last 5

years

Requesting the Authority to consider project

experience in the last 10 years at least for both (a)

and (b)

Please refer reply to the queries

at Sl. no. 5 & 6 above

39 Section 5,

Clause

1.2, page 24

of 68

The eligible consultants shall be required

to submit self-attested copies of the

following alongwith their Proposal:

i. Documents verifying the claim as per

above including the appointment letter/

work order /

Contract agreement and letter of

successful work completion from the

Client.

Requesting the Authority to consider any one of the

following documents as proof of project experience

1) Appointment letter, or

2) Work order, or

3) Contract agreement, or

4) Completion certificate

Please refer reply to the query at

Sl. no. 1 above

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40 Section 5,

Clause

3, page 33 of

68

Deliverables and payment terms Delivery time defined in the said table is extremely

optimistic, especially given the present market

conditions.

The time specified for Final Report must be

extended to 16-20 weeks, especially because of

the extensive market and demand assessment

asked for in the terms of reference. It will be

unreasonable to expect the bid process to be

completed within 26 weeks of the date of signing

of the contract agreement. Bid process for projects

of such magnitude may require around 6 months

from the issue of RFQ/ EOI notice

Amended.

Revised timelines

Deliverables Delivery Time

Inception Report T+ 3 weeks

Interim Report T+ 8 weeks

Draft Final Report

T+ 12 weeks

Final Report T+ 16 weeks

Bidding Documents,

Contract/ Concession

agreements

T+ 18 weeks

Bid evaluation reports

T+28 weeks

signing of Contract with

Developer

T+30 weeks

41

Section 2,

Data

Sheet, page

7

Submission of proposal:

Taking into consideration the current situation

w.r.t the outbreak of corona virus, we request the

authority to extend the submission deadline of the

proposal by 3-4 weeks.

Last date for submission of bid

has been extended on

06.05.2020

42 Section 5,

Clause

2, sub-

clause 2.1

(I) page 24

of 68

I Specific Experience of the Consulting

Agency Experience in Preparation of

TEFR/DFR/DPR and Master Planning

involving detailed market demand

assessment

We understand the objective of the assignment is

to undertake Transaction Advisory for establishing

Fin Tech City and select Co-Promoter/ Developer.

Given our experience, we feel the need for a

experience in preparation of TEFR/DFR/DPR and

Master Planning as an evaluation criteria may be

relaxed to only TEFR/DFR/DPR. The Master

Please refer to the reply to the

query in sl. No.5 above

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Planning would be an integral part of the process,

for drawing a conceptual level plan and arriving at

board costing. Opening up the criteria would lead

bringing in international master planning

experience for the project. Hence, request the

Authority to remove the “and Master Planning”

criteria.

43

Section II,

Clause

3, page 7 of

68

Pre Bid meeting - On 17.03.2020 at

15.30 Hrs

Last date for purchase of RFP Documents

- Up to 30.03.2020

Submission of proposal – On 31.03.2020

at 15.00 Hrs

Given the on-going current state of affairs in the

country regarding COVID-19, we would request

you to postpone the Pre-bid meeting for at least 2

weeks, and thereby the submission dates by a

month.

Pre-bid meeting has been

conducted on 17.03.2020.

Last date for submission of bid is

extended to 06.05.2020

BIDDER-5

44 Section 5

Eligibility

criteria

Page no 22

iv. Similar work experience in last five

years:

A relaxation is requested on the minimum project

cost of INR.500 crore. It is suggested that the

minimum project cost should be INR 100 crore.

Further considering the large scale projects as

listed in the technical criteria are developed over a

signification time duration, it is suggested that the

time cap of last 5 financial years may be extended

to last 10 financial years. Also, the provision to list

current on-going projects be allowed where

payments of >50% is received by the consultant

from its client.

Please refer reply to the queries

at Sl. no. 5 & 6 above

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45 Key

resources

Section 5

Page no

23&25

1. Team leader- minimum 15 years

experience

It is suggested that the minimum work experience

for the concerned position is reduced to 10 years

Not considered

46 2. Infrastructure expert – PG in civil

engineering

Based on the proposed scope of work, it is

suggested that professional from planning

background may also be considered. Therefore, we

suggest that personnel with PG on Planning or

relevant course be allowed.

Not considered

47 3. Architect- minimum 10 years

experience

It is recommended that the minimum work

experience for the concerned position is reduced to

7 years

Not considered

48 4. Market analyst- minimum 10 years

experience

It is recommended that the minimum work

experience for the position is reduced to 5-7 years

Minimum work experience for

Market analyst is 7 years

49 5. Legal cum contract expert- experience

in preparation of EoI, RFQ ,RfP and DCA

in infra projects

Request for modification of experience. Preparation

of EOI, RFQ, RFP, DCA for relevant government

projects. We further request that subsequent

changes in the marks as part of the evaluation

criteria be considered based on the above

proposals.

Not considered

50 Terms of

Reference

Section 6

Clause 2.4

Page 29

Site Assessment

Assess the possibility of development of

the project at multiple location with

iconic structures in the central business

district

Considering the vast scale of the project, it is

essential to understand the locations of these

proposed sites. It is requested that the location and

brief details of the two sites to be provided.

Location details:

Site-1: 260.90 acres of land in

Kuvathoor, Kavanoor and

Madampabkkam villages in

Sriperumbudhur taluk in

Kancheepuram District.

Site-2: around 110 acres of land

in Nandampakkam village,

Alandur Taluk, Chennai District

51 Terms of

Reference

Section 6

Clause 3

Deliverables and Payment Terms

The consultant shall submit six numbers

of hard copies of the final reports and

four numbers of hard copies of the other

The ToR states the lists of deliverables to be

submitted. However, there is no clarity on the

content to be covered in each of the deliverable.

We request that a brief

The content of the deliverables

has to be structured by the

consultant based on the need of

the project

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Page 32,33 reports. Two soft copies of each

reports/presentation shall also be

submitted to TIDCO

description/content/structure of the deliverable be

provided to ensure alignment of efforts.

52 Termination

of contract

Clause 22.2

page no 60

Contract agreement The following clause may be add in the contract

agreement:

The consultant may terminate this agreement or

any particular services, immediately upon written

notice to the client if the consultant reasonable

determines that it can no longer provide the

services in accordance with applicable law or

professional obligations

Not considered

BIDDER-6

53 Section 2

Data sheet

We are keen on this opportunity and request for

extension in Proposal submission date to enable us

to undertake all the compliance procedures and to

put forward the best proposal from our side for

TIDCO’s perusal. Hence it is requested that the

proposal submission date shall be extended by at

least 3 weeks.

Last date for submission of bid

has been extended on

06.05.2020

54 SECTION 4

Background

to the RfP

Clause 1

(Page 20 of

68)

TIDCO proposes to establish Fin Tech

City, in a ‘Hub and Spoke’ in two

locations (i.e.) around 250 acres of land

near Chennai and around 100 acres of

land in Chennai.

The vision of the Fin Tech City is that it

would develop into the fulcrum of core

Financial Services and related activities,

largely driven by next-generation

technologies in this region.

We request for below information with respect to

both the land parcels:

Kindly provide the site plans for both the land

parcel with the boundary and coordinates. What is

the present ownership status of the land parcels?

What is the present status of the land parcel?

Whether lying vacant or being utilized for any

purpose? Kindly if there are any encumbrances on

the land parcels?

Please refer to the reply to the

query in sl no. 50

Remaining requested details will

be provided to the successful

bidder before commencement of

assignment

55 SECTION 6:

TERMS OF

REFERENCE

We understand that to deliver the scope mentioned

at Clause 2.1, the Consultant is expected to

conduct the study based on secondary data /

The Consultant shall conduct the

study based on secondary data /

information available in public

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Clause 2.1 –

Market

Survey and

Sector Study

(Page 27 of

68)

information available in public domain. The

consultant shall collect the required data /

information through secondary research and if

required TIDCO would extend its support in getting

access to any data / information. Please confirm

the above understanding.

domain. Only the

data/information those available

with TIDCO relevant to this

project will be provided, if

required.

56 SECTION 6:

Terms of

Reference

Clause 3 –

Deliverables

and Payment

Terms

As the Scope of Work proposed by the Corporation

is expensive in nature and with Consultant’s

experience in executing assignments of similar

nature in India and abroad, it is suggested that the

deliverable timelines may be slightly relaxed and

therefore we request to amend the delivery

timelines

Please refer to the reply to the

query sl. No. 40 above

57 SECTION 5:

ELIGIBILITY

CRITERIA

AND

EVALUATION

METHODOLO

GY Clause

1.1 (iv),

Page 22

Similar work experience in last five

years: a)

It is to highlight that typically architectural services

and financial consultancy services are awarded

separately are not covered under a single contract.

Also, in order to ensure participation from reputed

and well experienced firms in consulting domain we

request that the experience of past 10 years shall

be considered for evaluating the eligibility.

Therefore, it is suggested that Clause 1.1 (iv) of

RFP shall be amended as below: “The Bidder should

have experience of at least three (3) similar

projects (Preparation of TEFR / DFR / DPR / Master

Plan involving ‘Architectural Master Plan’ or

‘Conceptual design with detailed market demand

assessment, Project & financial structuring,

business plan, financial modelling’) related to

development and operations of real estate

infrastructure project in the nature of large

premium Industrial Estates, Special Economic

Zones, Hotels, Convention Centers, Technology

Please refer reply to the query in

Sl. no. 5 above

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Parks, Information Technology Parks, Office Space,

Commercial Space, Modern Townships, Multi-Modal

Logistics Park, Warehouse Parks with each project

involving capital investment (Project Cost

excluding the cost of land), not less than Rs. 500

crore during the last ten (10) financial years ending

on 31.03.2020. This consultancy assignment

should necessarily be for a project in India.”

58 SECTION 5:

ELIGIBILITY

CRITERIA

AND

EVALUATION

METHODOLO

GY

Clause 1.1

(iv), Page 22

Similar work experience in last five

years:

We understand that for the purpose of clause

1.1.(iv)(b) of Section-5 of RFP, the term

“infrastructure projects” would include below

infrastructure categories and infrastructure sub-

sectors that were notified by the Ministry of Finance

(Department of Economic Affairs), Government of

India through Gazette Notification dated 14th

November 2017. Please confirm our

understanding.

Please refer reply to the queries

at Sl. no. 6 above

59 SECTION 5:

ELIGIBILITY

CRITERIA

AND

EVALUATION

METHODOLO

GY

Clause 1.1

(vi), [Page

23 of 68]

Project Core Team- Qualification and

Experience and exposure of the

minimum key personnel of the proposed

assignment Position Years of Experience

Market Analyst – 10 years

Financial Expert – 10 years

As per the marking scheme detailed for the Project

Team under Clause 2.1 of Section 5 of the RFP on

page 25, following is stated:

“4. Market Analyst – 6 marks ;

minimum 7 years of experience - 4 marks ;

For every additional 2.5 year of experience -1 mark

will be given limited to a maximum of 2 marks.

5. Financial Expert – 6 marks;

minimum 7 years of experience - 4 marks;

For every additional 2.5 year of experience 1 mark

will be given limited to a maximum of 2 marks.”

minimum Years of Experience for

both Market Analyst and

Financial Expert should be 7

years

60 SECTION 5:

ELIGIBILITY

CRITERIA

AND

Project Core Team- Qualification and

Experience and exposure of the

minimum key personnel of the proposed

In order to align the experience requirement of the

Team Leader, Architect and Infrastructure expert

with the firm’s eligibility requirements mentioned

The experience in development

of industrial area and real estate

area infrastructure projects in

the nature of Industrial

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EVALUATION

METHODOLO

GY Clause

1.1 (vi),

[Page 23 of

68]

assignment – Industrial area

development infrastructure projects

at Clause 1.1 (iv) of RFP, it is requested that Clause

1.1 (vi) of RFP shall be amended as below:

Experience in infrastructure project or real estate

project in the nature of large premium Industrial

Estates, Special Economic Zones, Hotels,

Convention Centres, Technology Parks,

Information Technology Parks, Office Space,

Commercial Space, Modern Townships, Multi-Modal

Logistics Park, Warehouse Parks of minimum 100

acres.

Estates/parks/ clusters, Special

Economic Zones, Hotels,

Convention Centres, Technology

Parks, Information Technology

Parks, Office Space, Commercial

Space, Modern Townships will be

considered for experience

requirement for team leader,

Infrastructure expert, Architect

& Financial expert

BIDDER-7

61 Section 4 :

Page 20

TIDCO proposes to establish Fin Tech

City, in a ‘Hub and Spoke’ model in two

locations (i-e) i) around 250 acres of land

near Chennai and (ii) around 100 acres

of land in Chennai.

Please provide the exact area (not approx.) and

site map of both parcels of land. This is required to

estimate cost of surveys and other investigation

For site details, please refer

reply to the query at Sl. no. 50

above

62 Page 22-

Clause 4-

Eligibility

Criteria and

Evaluation

Methodology

Experience in providing Transaction

Advisory Services’

The word transaction advisory may be defined. i.e.

LoA issued / CA signed / Financial closure

achieved? Etc;

Also, request to confirm that, Highway projects will

also be considered as qualifying experience for

providing Transaction Advisory Services for

Infrastructure projects

LoA to the developer is to be

issued for the projects claiming

for experience in providing

Transaction advisory services.

Please refer to the reply to the

query sl. No. 6 above

63 Page 23-

Clause 6

Project core team: Years of experience given in eligibility table on

page 23 and minimum years required for min.

marks in marking table on page 25 doesn’t match.

(For eg: for financial expert, table page 23

mentions min. 10 years exp; while table on page

25 mentions min. 7 years exp.).

Financial expert and market

analyst should have minimum

work experience of 7 years

64 Page 23-

Clause 6-

Legal Expert: we request you to consider minimum years of

experience required for Legal Expert as 7 years for

Not considered

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allocating 4 marks, and allocate 1 mark for every

additional 1.5 years of experience

65 Page 32-

Clause 3-

Deliverables

and Payment

Terms

Inception Report: T + 2 weeks

Interim Report: T + 5 weeks

Draft Final Report: T + 9 weeks

Final Report: T + 12 weeks

Bidding documents: T + 14 weeks

Bid Evaluation Report: T + 23 weeks

Signing of contract: T + 26 weeks

Request to change the deliverable time lines as

under:

Inception Report: T + 3 weeks

Interim Report: T + 8 weeks

Draft Final Report: T + 16 weeks (as this requires

to include the concept plans too)

Final Report: T + 20 weeks (or say 2 – 3 weeks

after draft final report is approved)

Bidding documents: 4 weeks after final report is

approved by TIDCO

Bid Evaluation Report & Signing of contract: As per

bidding schedule

Please refer to the reply to the

query sl. No. 40 above

66 Page 33-

Clause 3-

Deliverables

and Payment

Terms

Note: The Consultant is required to

undertake two rounds of bidding under

this RFP/ Contract, in case there are no

bidders or signing of Contract with a

Bidder for appointment as a Co-

Promoter/ Developer does not occur

during the first round of bidding

Two rounds of bidding can be included in the fees

quoted. For additional rounds of bidding, additional

fees may please be sanctioned and defined in the

payment terms.

Not considered

67 Clause 2.4-

page 29-

Site

Assessment

Carry out soil investigation study for the

sites to ascertain the type of soil and the

foundation type

Presume that, Topo-graphical survey, land

ownership details and any R&R surveys required if

any is excluded from this assignment. Confirm.

Presume that, no Traffic studies are required to be

carried out. Confirm.

As this is the Feasibility studies, no detailed Geo-

technical investigations are required. Confirm.

The Consultant should

undertake the scope of work

listed under clause-2 in section -

6.

The Project sites are Govt lands

and hence no R&R is required.

The consultant should undertake

topographical and geotechnical

surveys.

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68 Clause 2.4-

page 29-

Site

Assessment

Study level and extent of existing

services such as water supply,

sanitation, electricity, sewage treatment

plants

Presume, only Coverage, visual inspection and

condition analysis based on secondary data is only

required. Confirm,

Yes

69 Clause 2.6

Master Plan-

page 30

Prepare the comprehensive master plan

based on the analysis and conclusions of

sites conditions, surveys, market

assessment and Techno Economic

feasibility study

Presume, the approval of Master plan will be

provided by TIDCO. Confirm.

Presume that, Detailed EIA studies and obtaining

necessary EIA approvals are excluded from this

assignment. Confirm.

Yes. TIDCO will approve the

master plan.

EIA study and approval are not

under the scope of this

assignment

70 General General Request to extent the last date of submission to at

least 20 days from the date of issue of bid

clarifications from TIDCO.

Last date for submission of bid

has been extended on

06.05.2020

71 General General Presume, there is no site office establishment for

the project, confirm.

Yes. Not required

72 Page 22,

Clause 1.1

(iv, b)

Please confirm that Highways projects shall be

considered for the experience in providing

Transaction Advisory Services for Infrastructure

projects. Request you to kindly allow projects with

infrastructure cost not less than Rs. 250 crores.

Please refer reply to the queries

sl.no. 6 above

73 General We request to confirm the exact extent of land area

that needs to be developed by the consultants as

this plays a major role in the financial proposals of

the consultants.

The last date of submissions may be extended to

atleast 21days from the date clarification is

uploaded by TIDCO

Please refer the reply query to

the query in sl.no.50 above

Last date for submission of bid

has been extended on

06.05.2020

BIDDER-8

74 Page 22 of

68

The Bidder should have experience of at

least three (3) similar projects

“Requesting to change the clause into two parts.

The clause to be read as:

Please refer to the reply to the

query sl. No.5 above

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Section 5 –

1.1 – iv – a

(Similar

work

experience

in last five

years)

Similar work experience in last ten years:

1. The Bidder should have experience of at least

two (2) similar projects (Preparation of Master Plan

involving Architectural Master Plan and Conceptual

design) related to development and operations of

real estate infrastructure project in the nature of

large Industrial Estates, Special Economic Zones,

Hotels, Convention Centres, Technology Parks,

Information Technology Parks, Office Space,

Commercial Space, Modern Townships with each

project involving capital investment (Project Cost

excluding the cost of land), not less than Rs. 100

crore during the last ten (10) financial years ended

31.03.2019. These consultancy assignments can

be from India or international.

And

2. The Bidder should have experience of at least

one (1) similar projects (Preparation of TEFR/ DFR

/ DPR and Architectural Master Plan and Conceptual

design, detailed market demand assessment,

Project & financial structuring, business plan,

financial modelling etc.) related to development

and operations of real estate infrastructure project

in the nature of large Industrial Estates, Special

Economic Zones, Hotels, Convention Centres,

Technology Parks, Information Technology Parks,

Office Space, Commercial Space, Modern

Townships with each project involving capital

investment (Project Cost excluding the cost of

land), not less than Rs. 100 crore during the last

ten (10) financial years ended 31.03.2019. These

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consultancy assignments can be from India or

international.”

As per the market trend and the kind of projects in

market there are very less projects which includes

both Master Planning and Project & financial

structuring, business plan, financial modelling etc

in one project.

Hence it will become difficult to qualify for firms for

this assignment.

75 Page 23 of

68

Secti

on 5 – 1.1 –

vi – Project

Core Team

“Architect: Post Graduate in Urban

Planning /Architect. Specific experience

in development of master

plans/schemes, sectoral plans pertaining

to industrial infrastructure development

of minimum 100 acre

“Requesting to change the clause to read as: Post

Graduate in Urban Planning /Architect/Urban

Design. Specific experience in development of

master plans/schemes/sectoral plans/Smart

City/Industrial area development plans project of

minimum 100 acres”

Accepted

76 Page 32 of

68

Draft Final Report in T+9 weeks We request you to extend the Draft Final report to

T+12 weeks and from thereafter remaining Reports

to be extended as per mentioned weeks gap. There

will be dependency from multiple stakeholders

while drafting Draft Final report.

Please refer to the reply to the

query in sl.no.40 above

BIDDER-9

77 Section 1,

PDD, Page 6

We hereby request you to kindly submit

the bids duly completed as per this RFP

on or before 3.00 PM on 31.03.2020

As per generally followed best practices for FTP

(Full Tech Proposal) type of bidding, min. 21 days

time period is provided for bid preparation after

publication of Pre-Bid Minutes/ clarifications to

prospective bidders.

Request you to kindly consider and extend the

Proposal Due Date (PDD) for sufficient time as may

require for bid preparation.

Last date for submission of bid

has been extended on

06.05.2020

78 Section 2,

Data Sheet,

Method of selection Quality cum Cost

Based Selection (QCBS): 70:30

We suggest to follow QCBS (80:20) weightage for

evaluating Technical and Financial Bids which shall

The method of selection in

datasheet in Section 2 is

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Sub Clause

3, Page 7

be more appropriate for this project of international

repute.

amended as “Quality cum Cost

Based Selection (QCBS): 80:20”

The clause 3.3.8 in Section- 3 is

amended as below:

“The consultant would be

selected based on the Quality

and Cost Based Selection

(QCBS) method with 80%

weightage to Technical Proposal

and 20% weightage to Financial

Proposal.”

79 Section 3,

Clause 3.1,

Sub Clause

(3.1.2), Page

10

TECHNICAL PROPOSAL

While preparing the Technical Proposal,

consultants must give particular

attention to the following:

50% of the project team composition/

Key staff should be on the permanent

employees of the Sole firm or the firms

constituting the Consortium.

We understand that the scope of services

envisaged multidimensional skillset to undertake

project specific challenges involved. Whereas

intermittent inputs of key experts will be required

during the project period. In view of the above you

may allow competent Independent consultants

(available on project specific consents) to associate

by removing 50% full time (permanent) employees

conditions for team composition.

Not considered

80 Section 3,

Clause 3.2,

Sub Clause

(3.2.2), Page

12

FINANCIAL PROPOSAL

The Financial Proposal should be a lump

sum proposal inclusive of all the costs

including but limited to all taxes, duties

and levies associated with the

Assignment for the scope of work

mentioned in the RFP. Consultants shall

express the price of their services in

Indian Rupees.

Exchange rate risk, if any, shall be borne

by the Consultant.

We understand that GST as per prevailing practices

shall be separately payable over and above the

lump sum quoted price, please confirm.

Yes. The Financial Proposal is

inclusive of all taxes except GST

(as applicable).

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81 Section 3,

Clause 9,

Sub Clause

(9.1), Page

18

DISPUTE RESOLUTION

The Parties agree to use their best efforts

for resolving all Disputes arising under or

in respect of this Agreement promptly,

equitably and in good faith, and further

agree to provide each other with

reasonable access during normal

business hours to all non-privileged

records, information and data pertaining

to any Dispute. For any dispute arising

out of this Agreement /Contract, only the

Courts in Chennai shall have jurisdiction

to settle such disputes. (Arbitration

clause is not applicable).

As per generally followed best practices for

consultancy contracts, Arbitration clause would be

considered in case any dispute arises and could not

get settled amicably as per the Arbitration and

Conciliation Act, 1996. Where both parties would

be eligible to appoint an arbitrator and the

appointed arbitrators can appoint a presiding

arbitrator whose decision will be final and binding

on both the parties.

In Section 3 –Instructions to

Consultants under Clause 9-

Dispute resolution the sentence

“Arbitration clause is not

applicable” is deleted.

Arbitration clause is applicable.

82 Section 3,

Clause 12,

Sub Clause

(12.1), Page

18

CONDITIONS OF TERMINATION OF THE

CONTRACT

We request to add following 2 (two) clauses to

safeguard consultant’s interest also:

Appointed consultant should have right to

terminate the contract in case Client fails to make

payment for any deliverable / reports due for a

period over 15 days from the date of raising invoice

and 30 days for final deliverable.

Also, Consultant’s deliverable/ report which await

Client’s approval for a period longer than 15 days

from the date of delivery shall be considered

approved / deemed to be approved by the client in

case no clarification/ information requested within

this15 days from the day of submission of such

deliverable/ report.

Not accepted

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83 Section 5,

Clause 1.1,

Sub Clause

(iv), Page 22

Similar work experience in last five

years:

We request to consider similar work experience of

last 10 years involving capital investment (Project

Cost excluding the cost of land), not less than Rs.

100 crore since last 5 years may have witnessed

few similar developments in India.

To enhance the competition, you may consider

ongoing assignments of similar magnitude.

Also, we request you to consider separate

assignments comprising TEFR/DFR/DPR/ Master

Plan involving detailed market demand

assessment, Architectural Master Plan and

Conceptual design, Project & financial structuring,

business plan, financial modelling etc., since single

project assignment may not have multiple scope as

envisaged for similar projects. Please consider and

confirm.

Please refer to the reply to the

queries of sl. No.5 & 6 above

84 Section 5,

Clause 2.1,

Sub Clause

(I), Page 24

TECHNICAL EVALUATION CRITERIA

We request to consider similar work experience of

last 10 years involving capital investment (Project

Cost excluding the cost of land), not less than

Rs.100 Cr. Since last 5 years may have witnessed

few similar developments in India.

To enhance the competition, you may consider

ongoing assignments of similar magnitude.

Also, we request you to consider separate

assignments comprising TEFR/DFR/DPR/ Master

Plan involving detailed market demand

assessment, Architectural Master Plan and

Conceptual design, Project & financial structuring,

business plan, financial modelling etc., since single

project assignment may not have multiple scope as

envisaged for similar projects. Please consider and

confirm.

The clause 2.1- I in section-5 is

amended as below:

“Experience in Preparation of TEFR/ DFR / DPR involving

detailed market demand

assessment, Architectural Master Plan and Conceptual

designs, cost estimates, Project & financial structuring, business

plan, financial modelling etc.,

related to development and operations of real estate

infrastructure project in the

nature of large premium Industrial Estates, Special

Economic Zones, Hotels, Convention Centres, Technology

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Parks, Information Technology Parks, Office Space, Commercial

Space, Modern Townships involving capital investment

(Project Cost excluding the cost

of land) not less than Rs. 250 crore during the last ten (10)

financial years ended

31.03.2019. This consultancy assignment should necessarily

be for a project in India.

a. 15 marks for fulfilling

minimum qualification criteria given above. (3 Projects)

b. Additional projects – 2.5 marks for each project more

than 3 eligible projects

85 Section 5,

Clause 2.1,

Sub Clause

(I), Page 24

Experience in providing Transaction

Advisory services to infrastructure

projects with project cost not less than

Rs. 500 crore each, during the last 5

financial years ended 31.03.2019.

a. 10 marks for fulfilling minimum

qualification criteria given above. (2

Projects)

b. Additional projects – 2.5 marks for

each project more than 2 eligible

projects

We request to consider experience in providing

Transaction Advisory services to infrastructure

projects with project cost not less than Rs.100

crore in last 10 years since last 5 years may have

witnessed few similar developments in India.

The clause 2.1- II in section-5 is

amended as below:

“Experience in providing

Transaction Advisory services to

infrastructure projects with project cost not less than Rs.

250 crore each, during the last

10 (ten) financial years ended 31.03.2019.

a. 10 marks for fulfilling

minimum qualification criteria

given above. (2 Projects) b. Additional projects – 2.5

marks for each project more than 2 eligible projects”

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BIDDER-10

86 Section-2

Data Sheet,

Clause 3,

Page no. 7

Method of Selection: Quality cum Cost

Based Selection (QCBS): 70:30

We request that this weighted evaluation be

revised to 80:20 in order to ensure that firms with

better technical expertise and qualifications will

compete.

Please refer to the reply to the

query in sl no. 78 above

87 Section 5,

Clause 1;

1.1- iv

Similar work experience in last five years Request the client to modify this clause to Similar

work experience in last 15 years

Please refer to the reply to the

queries of sl. No.5 & 6 above

88 Section 5,

Sub-section

1.1 – Clause

v, Page 22

Average Annual Turnover in last three

(3) Years: Average Annual turnover of

the Bidder should not be less than Rs. 20

Crore during the last three (3) financial

years (2016-17, 2017-18, 2018-19) in

the case of Bidder being a Sole Firm. In

the case of Consortium/JV Bidder, the

average annual turnover of the Lead

Member should not be less than Rs. 15

Crore during the last three (3) financial

years (2016-17, 2017-18 and 2018-19)

and the average annual turnover of each

of the other member firm(s) should not

be less than Rs. 5 Crore during last three

financial years (2016-17, 2017-18,

2018-19).

Request the client to modify the average annual

turnover to Rs. 50 Crore for the last three financial

years in order to receive bids from an established

and well experienced firm.

Not considered

89 Section 5,

sub-section

1.1; Clause

vi, Page 23

2. Infrastructure expert – Post Graduate

in Civil Engineering with experience in

designing, costing and finalization of

specification & functional requirement of

industrial area development

infrastructure projects

Request the client to modify the qualification for

the Infrastructure Expert to Post Graduate in Civil

Engineering/ Planning with experience in

designing, costing and finalization of specification

& functional requirement

Not considered

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90 section 11 DELAY IN THE SERVICES

In the event of delays in submission of

the deliverables vis a vis the Timeframe

prescribed for the proposed Deliverables

in the Clause 3 of Section-6 of the RFP

pertaining the submission of the

Deliverables, penalty will be levied at the

rate of One Percent (1%) of the Awarded

Lumpsum Fees per week or part thereof

of delay, subject to a maximum of Ten

Percent (10%) of the Awarded Lumpsum

Fees.

We request this clause to be read as:

In the event of delays in submission of the

deliverables, for reasons solely attributable to the

consultants, vis a vis the Timeframe prescribed for

the proposed Deliverables in the Clause 3 of

Section-6 of the RFP pertaining the submission of

the Deliverables, penalty will be levied at the rate

of One Percent (1%) of the Awarded Lumpsum

Fees per week or part thereof of delay, subject to

a maximum of Ten Percent (10%) of the Awarded

Lumpsum Fees.

Not considered

91 General As this assignment also has Master Planning please

advise on the availability of the base maps and

survey drawings. Are detailed surveys (Drone

Survey / total station survey / utility mapping, etc.)

expected to be carried out for the planning area?

Are any satellite images available for this site? Are

the revenue measurements available for these

sites?

Revenue survey maps are

available for the sites.

92 Section 22.1

page 60

Termination by Client:

If the Consultant fails to remedy a failure

in the performance of its obligations

hereunder, as specified in a notice of

suspension;

We request to delete the clause which allows for

arbitrary termination

Not considered

93 General Request the client to please share the location

maps, any relevant reports, documents, etc for

reference of the study

For site details, pls refer to the

reply to the query sl. No. 50

above.

94 General Last date and time for submission of

Proposals/ Bids is on or before 15:00 Hrs

on 31.03.2020

We request to allow 2 weeks for bid preparation

after the release of the pre-bid clarifications

Last date for submission of bid

has been extended on

06.05.2020

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95 General Bid Security –DD for Rs. 1,00,000/- We request the bid security to be allowed in the

form of a Bank Guarantee

Not considered

96 Section 5,

Sub-section

3, Page 32

At this stage, it will be very difficult to estimate the

number of phases to be rolled out for the

appointment of the Co-promoter/Developer for the

development of the Fin City as it defined by number

of factors as well as the market response. We

request the client to remove the bid evaluation

report phase and signing of contract with Co-

Promoter/Developer phase from the payment

milestones. This two phases can be carried out by

the consultant on mutually agreed terms with the

client and proper monetary compensation.

Not considered

97 Section 7 General – Clause to be added

We request the client to please add the below

clause to the General Terms of Contract –

Anti-Bribery & Anti-Corruption: Each Party

represents, warrants and undertakes that:

a) It has not and shall not offer, promise, give,

encourage, solicit, receive or otherwise engage in

acts of bribery or corruption in relation to this

Agreement (including without limitation any

facilitation payment), or to obtain or retain

business or any advantage in business for any

member of its group, and has and shall ensure to

the fullest extent possible that its employees and

agents and others under its direction or control and

directly involved in providing Services under the

Agreement do not do so. For the purposes of this

clause it does not matter if the bribery or corruption

is (i) direct or through a third party; (ii) of a public

official or a private sector person; (iii) financial or

Not considered

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in some other form; or (iv) relates to past, present,

or future performance or non-performance of a

function or activity whether in an official capacity

or not, and it does not matter whether or not the

person being bribed is to perform the function or

activity to which the bribe relates, or is the person

who is to benefit from the bribe. For the purposes

of this clause, a “person” is any individual,

partnership, company or any other legal entity,

public or private.

b) Each Party shall, adhere to applicable anti-

bribery and corruption laws.

c) Each Party shall, immediately upon becoming

aware of them, give the other Party all details of

any non-compliance with sub-clauses (a) and (b).

d) It is a condition of this Agreement that each

Party fully complies with this Clause. If it does not

do so, without prejudice to any other remedy

available to a party, the non-breaching party shall

have the right (but not the obligation) in its

absolute discretion to terminate the whole of this

Agreement, or that part of this Agreement to which

the bribery or corruption relates. For the avoidance

of doubt, any breach of this Clause shall be deemed

to be incapable of remedy.

Economic and Trade Sanctions: As of the date of

this agreement the Client warrants that, (a) neither

Client nor any of its subsidiaries, or any director or

corporate officer of any of the foregoing entities, is

the subject of any economic or trade sanctions or

restrictive measures issued by the United Nations,

United States or European Union (“Sanctions”), (b)

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the Client is not 50% or more owned or controlled,

directly or indirectly, individually or collectively, by

one or more persons or entities that is or are the

subject of Sanctions, and (c) to the best of Client’s

knowledge, no entity 50% or more owned or

controlled by a direct or indirect parent of the

Client, is the subject of Sanctions. For purposes of

clause I in this section, “parent” is a person or

entity owning or controlling, directly or indirectly,

50% or more of the Client. For so long as this

Agreement is in effect, the Client will promptly

notify CRISIL if any of these circumstances change,

upon occurrence of which, CRISIL shall have the

right to terminate the Agreement immediately in

whole or in part for reasons of the Client’s breach.

Non-Exclusivity: The Client acknowledges that

CRISIL or its associates may have other

commercial transactions with the Client, other

parties reviewed for the Client or referred in the

agreement (if any) and the services provided under

the agreement shall be on a non-exclusive basis.

98 Section 7 General – Clause to be added

Client acknowledges and agrees that to the fullest

extent permitted by law: (a) in no event shall the

Consultant be liable for any special, indirect,

incidental, exemplary, or consequential damages

or loss of goodwill including without limitation, loss

of use, loss of profit, loss of production, loss of

interest, business interruption, or the failure of

essential purpose, even if Consultant has been

notified of the possibility or likelihood of such

damages occurring; and (b) without limiting the

foregoing, in no event will the aggregate liability of

Not considered

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the Consultant ever exceed the amount of fees paid

by Client to Consultant pursuant to the Proposal to

which the claim relates during the twelve (12)

month period immediately preceding the date such

claim arose

99 Section 7,

Sub-section

7L, Clause 9,

Page 57

(Name of Consultants) shall also

indemnify and hold harmless the (Name

of Client) against any and all claims with

respect to loss of profit, data or goodwill,

or any other consequential, incidental,

indirect, punitive or special damages in

connection with claims, demands, and/or

judgments of any nature brought against

the (Name of Borrower) arising out of

gross negligence of the [Name of

Consultants] in the provision of services

under this contract. The liability of the

[Name of Consultants] under any

circumstance shall not exceed one time

of contract value or fee paid to the

Consultant, whichever, is lesser.

However, this limitation on…

We suggest to modify the said clause and be read

as follows– “The (Name of the Consultants) shall

also indemnify and hold harmless the (Name of

Client) against any and all claims with respect to

loss of profit, data or goodwill, or any other

consequential, incidental, indirect, punitive or

special damages in connection with claims,

demands, and/or judgments of any nature brought

against the (Name of Borrower) arising out of any

gross negligence, wilful misconduct or breach of 3rd

party intellectual property rights, breach of labour

laws or any applicable law”.

Not considered

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100 Section 7,

Sub-section

7L, Clause

16, Page 58

All reports, plans, drawings,

specifications, designs, reports, bid

documents and other documents, design

calculations, etc., submitted by the

Consultants in the performance of the

Services shall become and remain the

property of the Client. The Consultants

may retain a copy of such documents but

shall not use them for purposes

unrelated to this Contract without the

prior written approval of the Client. The

various reports and documents prepared

as part of this assignment is not a public

document and the reports / documents

will always be the property of the Client.

We request to add the following in the said clause:

“The Client however acknowledges that all right,

title and interest in the methodologies, processes,

techniques, ideas, concepts, trade secrets and

know-how (all collectively referred to as the

“Knowledge Material”) of the Consultant continue

to remain those of the Consultant even if any of

them is embodied in the reports, developed or

supplied in connection with the Services. The Client

shall have the non-exclusive perpetual license to

use the reports (including any Knowledge Material

provided as a part of the report to the Client) to the

extent necessary for the Client to use the reports

in accordance with this Contract.”

Not considered

101 Section 7,

Sub-section

7L, Clause

10, Page 58

10. The Consultant agrees that, during

the term of this Contract and after its

termination, the Consultant and any

entity affiliated with the Consultant, shall

..... be disqualified from providing goods,

works or services (other than the

Services and any continuation thereof)

for any project resulting from or closely

related to the Services.

We request the client to delete this clause. Accepted

102 The [Name of Consultants] also agree

that all knowledge and information not

within the public domain which may be

acquired during the carrying out of this

Contract, shall be, for all time and for all

purpose, regarded as strictly confidential

and held in confidence, and shall not be

directly or indirectly disclosed to any

We suggest the client to keep the confidentiality

obligation for a particular duration. Hence to clause

to be modified and be read as follows–

“The [Name of Consultants] also agree that all

knowledge and information not within the public

domain which may be acquired during the carrying

out of this Contract, shall be, for the duration of

assignment remain confidential and held in

Not considered

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person whatsoever, except with the

(Name of Client) written permission.

confidence, and shall not be directly or indirectly

disclosed to any person whatsoever, except with

the (Name of Client) written permission”.

103 General We request the addition of the following

The fees and any amounts payable under this

Agreement are exclusive of all applicable taxes

(including GST), levies, duties etc. Any such tax will

be charged over and above the fees and amounts

payable to Consultant under this Agreement. The

GST registration number (“GSTIN”) provided by

the Client will be used by Consultant for filing of the

GST returns.

With regards to the applicability of Goods and

Services Tax, the Client’s address as mentioned for

the purposes of GST will be considered as the

consumption location for the Services provided by

Consultant under this Agreement.

Consultant shall not be liable for loss of credit

arising on account of incomplete, erroneous or

wrong details captured by the Client in the details

and documents uploaded to the GSTN.

Additionally, the Client shall be responsible and

liable for providing its correct GSTIN and the

consultant will not be responsible for verification of

the Client’s GSTIN. Where the Client fails to furnish

its GSTIN, the consultant will treat the Client as

being unregistered for GSTIN.

Where Consultant issues a credit note to the Client

in relation to any invoice, the Client shall adjust and

upload its Input Tax Credit on the GSTN on or

before the end of the month in which the credit

note is issued by Consultant to the Client. If the

The Financial Proposal is

inclusive of all applicable taxes

except GST

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Client fails to do so, and this results in additional

liability for the consultant, Client shall be liable to

be reimburse Consultant for any liability incurred

by Consultant (being the tax, interest and any

penalties thereon).

The current contract pricing are based on an

assumption that GST will apply to the services

provided by the Consultant to the Client and the

consultant is able to claim credit of the GST

charged by its partners, vendors, sub-consultants.

In the event that such assumption is incorrect and

Consultant is not able to claim GST credit for the

services provided to it by vendors, partners or sub-

consultants, the consultant reserves its rights to

recover from the Client an amount equivalent to

18% of the GST or prevailing GST rate on such

invoice values to the Consultant.

BIDDER-11

104 Under

Minimum

Qualification

Criteria,

Clause

(ii) of 1.1

Clause V of

1.1 of

Minimum

Qualification

Criteria

Average Annual turnover of the Bidder

should not be less than Rs. 20 Crore

during the last three (3) financial years

(2016-17, 2017-18, 2018-19) in the

case of Bidder being a Sole Firm. In the

case of Consortium/JV Bidder, the

average annual turnover of the Lead

Member should not be less than Rs. 15

Crore during the last three (3) financial

years and the average annual turnover

of each of the other member firm(s)

should not be less than Rs. 5 Crore

during last three financial years (2016-

17, 2017-18, 2018-19).

We believe that the requirement is pertaining to

Lead Member of the consortium. We request you to

relax the requirement for minimum 5 years for

other partner of joint venture that will help start-

up consulting firms from Tamil Nadu. We request

you to please reduce the Average Annual Turnover

Requirement to Rs.10 crore which would allow

some niche specialized consulting firms in this

domain to participate.

Not considered

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105 Clause V of

1.1 of

Minimum

Qualification

Criteria

With respect to turnover, we request you to please

consider the Average Annual Turnover for the

consortium as a whole and request you not to seek

the turnover criteria from other members of the

consortium as well.

Not considered

106 Sub-clause

(a) &

(b) of (iv) of

1.1

We request you to please reduce the project cost

from Rs.500 crore toRs.150 crore and project

experience should be considered during the last 10

Financial Years ended 31.03.2019.

Please refer to the reply to the

queries in sl. No. 5 & 6 above

107 Project Core

Team

We request you to add PPP or Procurement Expert

as that expert is critical to conduct the transaction.

Not considered

108 Scope of

Work

Under Scope of Work, it is mentioned that

transaction would be undertake neither under EPC

or PPP form. However, the effort involved in each

form of contracting mode is different and therefore

it is difficult to determine the fee for this. We

request if fee can be split between Feasibility Phase

and Transaction Phase and consultant is asked to

quote for Transaction under EPC and also under

PPP mode. Authority can work out a methodology

to finally arrive at the financial quote for

evaluation.

Not considered

109 Scope of

Work

We request to let us know the number of

transactions under EPC mode because different

component might require different transaction.

Please also let us know when the role of consultant

would be considered as completed.

The role of consultant will be

completed once the

developer/promoter is selected.

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110 Due Date We request you to extend the due date of

submission by atleast 2 weeks.

Last date for submission of bid

has been extended on

06.05.2020

BIDDER-12

111 Section 5

Eligibility

Criteria and

Evaluation

Methodology

Clause No 1

(iv) Similar

Work

Experience

in

last five

years

The Bidder should have experience of at

least three (3) similar projects

We request the authority to kindly modify the

clause as below:

The Bidder should have experience of at least three

(3) similar projects (Preparation of TEFR/ DFR /

DPR and Master Plan involving detailed market

demand assessment, Architectural Master Plan and

Conceptual design, Project & financial structuring,

business plan, financial modelling etc.,) related to

development and operations of real estate

infrastructure project in the nature of large

premium Industrial Estates, Special Economic

Zones, Hotels, Convention Centres, Technology

Parks, Information Technology Parks, Office Space,

Commercial Space, Modern Townships with each

project involving capital investment (Project Cost

excluding the cost of land), not less than Rs. 100

crore during the last seven (7) financial years

ended 31.03.2019. This consultancy assignment

should necessarily be for a project in India

AND

The Bidder should have experience in providing

Transaction Advisory services to atleast two (2)

infrastructure projects with project cost not less

than Rs. 100 crore each, during the last 7 financial

years ended 31.03.2019.

Further we request the authority to kindly consider

projects of Roads/Bridges and Highways under

infrastructure projects.

Please refer to the reply to the

queries in sl. No. 5 & 6 above.

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112 Section 2

Data Sheet

Submission of Proposal- 31.03.2020

We request the authority to kindly provide 15

working days once the reply to the pre-bid queries

have been issued.

Last date for submission of bid

has been extended on

06.05.2020

BIDDER-13

113 Section 5

Eligibility

Criteria and

Minimum

Qualification

1.1

(i) The Sole firm/ all members of the

JV/Consortium Members shall either be

incorporated under the Registrar of

Companies in India or in accordance with

the respective Acts and Policies of the

respective country of operations of the

Firm and such entity(ies) should be

operating for the last five (5) years as on

March 31, 2019

We request your good office to revise this clause to

read as given below:

i. The Sole firm/ all members of the JV/Consortium

Members shall either be incorporated under the

Registrar of Companies in India or in accordance

with the respective Acts and Policies of the

respective country of operations of the Firm and

such entity(ies) should be operating for the last ten

(10) years as on March 31, 2019.

The sub clause 1.1(i) under

clause 1 in Section 5 is amended

as below:

“The Sole firm/ all members of

the JV/Consortium Members

shall either be incorporated

under the Registrar of

Companies in India or in

accordance with the respective

Acts and Policies of the

respective country of operations

of the Firm and such entity(ies)

should be operating for the last

ten (10) years as on March 31,

2019”

114 Section 5

Eligibility

Criteria and

Minimum

Qualification

(ii) The Sole firm / Lead Member of the

Consortium should have operated in

India for a minimum period of five (5)

years as on March 31, 2019 and

rendered consultancy services

i. The Sole firm / Lead Member of the Consortium

should have operated in India for a minimum

period of ten (10) years as on March 31, 2019 and

rendered consultancy services during this period.

Not considered

115 Section 5

Eligibility

Criteria and

Minimum

Qualification

1.1 iv (a)

The Bidder should have experience of at least three (3) similar projects

We request that projects of other relevant sectors

be included as well. We request your good office to

revise the clause to read as follows:

The Bidder should have experience of at least three

(3) similar projects (Preparation of TEFR/ DFR /

DPR and Master Plan involving detailed market

demand assessment, Architectural Master Plan and

Conceptual design, Project & financial structuring,

Please refer to the reply to the

query in sl. No. 5 above.

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business plan, financial modelling etc.,) related to

development and operations of real estate

infrastructure project in the nature of large

premium Industrial Estates, Special Economic

Zones, Hotels, Convention Centres, Technology

Parks, Information Technology Parks, Office Space,

Commercial Space, Modern Townships, commercial

space or land development related to/attached to

infrastructure projects such as railways, multi

modal hubs, bus terminals, etc. with each project

involving capital investment (Project Cost

excluding the cost of land), not less than Rs. 200

crore during the last ten (10) financial years ended

31.03.2019. This consultancy assignment should

necessarily be for a project in India

116 Section 5

Eligibility

Criteria and

Minimum

Qualification

1.1 iv (b)

The Bidder should have experience in

providing Transaction Advisory services

to at least two (2) infrastructure projects

with project cost not less than Rs. 500

crore each, during the last 5 financial

years ended 31.03.2019.

We request you to allow infrastructure projects of

various sectors here including Railways and other

urban transportation related projects. We request

the clause to be revised to read as follows:

The Bidder should have experience in providing

Transaction Advisory services to at least two (2)

infrastructure projects where the mode of

transaction has been either PPP or EPC and

transaction advisory for land monetisation of

various land parcel of Government Departments/

Authorities/ PSU’s including transportation projects

related to other sectors such as the Railways and

urban transportation, with project cost not less

than Rs. 200 crore each, during the last 10 financial

years ended 31.03.2019.

Please refer to the reply to the

query in sl. No. 6 above.

117 Section 5

2-2.1

We request that the revisions requested for in

clause 1, 1.1 iv (a) and (b), reflect here as well

Please refer to the reply to the

query in sl. No. 84 above.

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118 Section 5

Clause 2.1

We request that the revisions requested for in

clause 1, 1.1 iv (a)&(b), reflect here as well

Please refer to the reply to the

query in sl. No. 85 above.

119 Section 6

ToR

Reg. Site for project We request for information w.r.t site location and

extent of land to allow us to present a strong and

relevant proposal accordingly

Please refer to the reply to the

query sl. no.50 above

120 Section 6

ToR

Clause 3

Deliverables

and Payment

terms

We request that the duration of the project by

extended by 4 weeks where the timeline for

submission of the Draft Report is revised from T+9

to T+13 weeks considering the extent and detail of

works included

Please refer to the reply to the

query sl. no.40 above

Also we request you to consider the fixed success

fees based on the project cost or lease premium

paid by the successful bidder if project is finalized

to develop under PPP mode which will benefit both

authority and consultants to bring the potential

investors/ co developers or JV partner for proposed

Fintech City Project.

Not considered

BIDDER-14

121 Section 5

(iv)

Similar work experience in last 5 years Similar projects to be reduced to 80% of the

proposed cost (i-e) Rs.400 crore instead of Rs.500

crore projects in the mentioned para

Please refer to the reply to the

queries in Sl. No. 5 & 6 above

122 Page no.23 Project core team Infrastructure expect may be conceded with

experience of graduate in civil engineering with an

experience of 15 years instead of PG in civil

engineering with 10 years as proposed

Not considered