(1517 kb)
Date : Aug 12, 2024
Minutes of Pre-bid Meeting - Request for Proposal (RFP) from CPSUs for Selection of Project Management Consultant (PMC) on Deposit Basis for Construction of residential flats for officers at Ekta Nagar, Mazagaon, Mumbai

Selection of Project Management Consultant (PMC) on Deposit Basis for Construction of residential flats for officers at Ekta Nagar, Mazgaon, Mumbai

S. No. Reference Page / Section Clause of Tender Query/Suggestion  Clarification/revised clause
1 Clause no. 2 of Eligibility Criteria (NIT page no. 8) 1) Please clarify that weather the similar nature work completed in last five year from date of submission i.e. in Aug. 2024 or from FY 2018-19 to FY 2022-23.

Request for increasing in similar nature eligibility from 5 to 8 due to adverse impact of Covid-19 Pandemic
1) The clause may be read as

"Should have successfully completed (100%) as Project Management Consultant (PMC) /Design, Development and Construction agency for works as mentioned below completed within (8) Eight years ending last day of the month previous to the one in which tenders are invited…."
2) It is requested to kindly allow projects which are substantially completed which are at least 90 % (Ninety percent) completed as on the date of submission (i.e., gross value of work done up to the last date of submission is 90 % or more of the original contract price or enhanced contract price as the case may be). project for qualification criteria and technical evaluation parameters. 2) Only 100% completed works are to be considered for eligibility criteria and technical evaluation parameters.
3) Please consider the completion certificate already provided in client format as it is not possible to arrange in annexure III A format in a month from different client and we can provide all the related details of Annexure III A for tender 3) Completion certificate having all the details specified in Annexure- III A is acceptable.
2 Clause no. 2 of Eligibility Criteria (NIT page no. 8)
"Similar Works"
Request of widening of definition of "Similar Works" as below:

"Providing Comprehensive Project Management Consultancy (PMC) Services for Multi-storeyed Residential/ Commercial/ Academic/ Institutional/ Data Centre/ Industrial Buildings with Green Building Rating of IGBC/ GRIHA or any other such certifying body.",
1) The definition for similar work may be modified as:

Similar works means experience in "Providing Comprehensive Project Management Consultancy (PMC) Services for Multi-storeyed (as defined in Model Building Bye-Laws, 2016) Residential/ Educational/Institutional/Assembly/Business/Mercantile/Data centre with provision of Green Building Rating of IGBC/GRIHA or any other such certifying body.
Request per Clause 3.3.6 iii. b of Manual for Procurement of works issued by Department of expenditure, Ministry of Finance

"For arriving at cost of similar work, the value of work executed shall be brought to current costing level by enhancing the actual value of work at simple rate of seven percent per annum, calculated from the date of completion to the date of Bid opening."
2) The request has been accepted
3 Important Information sheet Sr No 20 Clarification on Transaction Fee on MSTC portal -To be paid through MSTC Payment Gateway/NEFT/RTGS in favour of MSTC Limited or as advised by M/s MSTC Ltd. Details of transaction fee is available on MSTC portal. Further details of contact person of MSTC are indicated in RFP.
4 Annexure I Technical Bid Criteria- B Organizational Strength Page No. 32

Annexure IV Details of Personnel Page No. 39
Clarification on minimum nos. of years of experience of Graduate Engineers (on the payroll of PSUs) to be considered; in annexure IV it is 5 years but in organization strength of Bidder it is 3 years Minimum experience of 5 years is to be considered for Graduate engineers (on PSU payroll) at both places.
5 Annexure VIII Page No. 44
Affidavit For Non-Blacklisting
Request to amend clause in terms of condition in compliance with the Manual of Procurement of Consultancy and other services 2022 by DoE and to correct a clerical mistake in the Annexure Revised format is enclosed.
6 Clause 20.1 (a) Damages
Page No. 29
Request of damages to be calculated @ 0.5% (half percent) of unfinished or balance PMC fee not of balance work based on the milestone prepared and mutually agreed by the PMC and BANK,

Further the maximum LD to be reduced to 5% from 10 % of balance consultancy fee.
The clause modified to calculate damages as 0.5% of consultancy fee for unfinished or balance work.

No change in Maximum LD.
7 Annexure I Technical Bid Criteria E(i): Page 34: "Litigation/ arbitration/ dispute cases" Request for deletion of particular criteria for Technical Evaluation Not accepted.
8 Annexure I Technical Bid Criteria- E (ii)
Page No. 34
Clarification was sought on whether the negative marks is applicable on projects completed within extension of time granted. The projects completed with approved Extension of Time i.e. without LD will be considered within project timeline and no negative marks will be awarded for such projects.
9 Technical Bid Annexure-I A (ii) Request for modification as:

"The Bidder should not have incurred any loss (profit after tax should be positive) in more than two years during available last five consecutive financial years." As per SOPs for CPWD Work Manual 2022.

It is also requested to change the evaluation criteria (numberings) accordingly.
This clause is only for Technical Evaluation (post eligibility) and not for eligibility criteria. Hence no change.

It is clarified that term "Points" means "Marks" in evaluation criteria.
10 Technical Bid Annexure-I D Whether Approach and Methodology is to be submitted along with the Technical Bid? It is proposed that same should not be submitted with Tech bid as the evaluation committee will allot the marks on basis of presentation made by bidder. It is part of technical evaluation to be presented before evaluation committee.
11 Clause 9.3
Page-13

Clause 18.2 (ix) Payment Terms page-27
At Clause 9.3 various charges e.g. legal fees, third party fee, proof checking etc. has been denied. However, at page 26 and 27, TPQM agency charges, testing, vetting (proof checking), hiring of advocate fees etc. have been considered as actual cost payable to PMC. In view of above, it is requested to delete the Clause 9.3. In Cl 9.3 legal fees will be excluded and Cl. 18.2 may be read excluding TPQM agency charges and cost towards vetting of design / drawings.
12 Clause 5. iv. b.
Documents/details to be submitted in the Bid Page No. 11
Turnover certificate issued by the Independent Auditor may also be permitted. Request accepted.
13 Clause 7 - Tentative cost of the project (Page 12) Kindly confirm Estimated project cost is inclusive of GST or not? Estimated Cost is inclusive of GST.
14 Annexure I – Technical Bid, Sr. No. C(i), Page 33 Bidder requests Client to kindly consider relevant experience in similar nature of projects completed (each exceeding Rs. 120 Crores) in Last Eight Financial Years (FY 2015-16 to 2022-23) instead of Five Years as mentioned in the RFP This clause is modified as

"Value of similar nature of projects completed (each exceeding Rs. 120 crores) in last Eight years ending last day of the month previous to the one in which tenders are invited ".

Number of years stands corrected in Annexure VI in similar lines
15 Annexure I – Technical Bid, RELEVANT EXPERIENCE Sr. No. C(ii), Page 33
Number of similar nature of projects completed
This parameter seems to be restrictive. General practice is that Six No's of similar work projects amounting 40% of estimated cost will be given full marks. In this regard, it is requested to kindly modify this parameter as below:

Number of similar nature of projects completed (each exceeding Rs. 130 crores during last seven years)
  1. > 5 : 10 Marks
  2. 5 projects: 8 marks
  3. 4 projects: 6 marks
  4. 3 Projects: 4 marks
    <3 projects: 0 marks
Number of similar nature of projects completed (each exceeding Rs. 120 crores) during last eight years ending last day of the month previous to the one in which tenders are invited" with marks as under
  1. > 5 projects : 10 Marks
  2. 5 projects: 8 marks
  3. 4 projects: 6 marks
  4. 3 Projects: 4 marks
  5. <3 projects: 0 marks
16 Important Information sheet Sr. No. 13 (page no. 4) It is requested to kindly extend the last date of bid submission by atleast 14 days after publish of reply of prebid queries. Not accepted
17 Clause No: 21 Arbitration/ Settlement of Disputes For any dispute resolution between RBI and PMC ,following para may kindly be included in said clause:

"In case successful bidder is Central / State Govt. PSU, then such dispute or difference shall be taken up by either party for resolution through AMRCD as mentioned in DPE OM No.05/0003/2019-fts-10937 dated 14th December, 2022."
Mechanism of settlement of Disputes may be as follows.

If any dispute arises between the parties, the same shall be resolved by the Chief Managing Director/Executive director/Director-Technical /works/projects of CPSU and Deputy Governor /Executive Director of Premises Department, RBI, whose decision/s shall be final and binding on both the parties.
18 Arbitration Requests to kindly consider & incorporate as under related to Arbitration/ Litigation:

"As regards litigation/arbitration initiated by CONTRACTOR against the Sub-Contractors and Vendors in the consultation with OWNER arising out of the performance of the Works or any litigation/ arbitration initiated by such Sub-Contractors and Vendors against OWNER/CONTRACTOR, all the fees/expenses in relation to such arbitration / litigation case (including all expenses, award/order/judgment/decree, execution, lawyers' fees etc.) shall be borne by OWNER. All the expenses towards such litigation/arbitration (including all expenses, award/ order/ judgment/ decree, lawyers' fees etc.) shall be payable by OWNER and for which the OWNER shall make appropriate fund available promptly in the Project Account. Such payments will be in addition to the payments made to the CONTRACTOR for execution of work. CONTRACTOR shall have no liability to pay any such amount on this account under such heading. In addition to the above, the cost of CONTRACTOR's efforts shall also be reimbursed by the OWNER to CONTRACTOR at the man-hour rates of CONTRACTOR/mutually agreed rates."
It is already covered in Cl 18.2 ix) of the RFP.
19 Limitation of Liability Request for inclusion of clause on "Limitation of Liability" as under:

"Notwithstanding any other provisions incorporated elsewhere in the contract, the aggregate liability of the Contractor in respect of this Contract, whether under the Contract, in tort or otherwise, shall not exceed the 5% of the annualized Contractor's fee" as per standard industrial practice".
Not accepted
20 Suspension Request for inclusion as under:

"In the event BANK opts to suspend PMC's services for any reason other than defaults of PMC, PMC shall be compensated for the idling of manpower/resources for the period of suspension at PMC's man-day rates in vogue."
Not accepted
21 Termination Request to incorporate the clause pertaining to Termination as under:

"BANK may at any time terminate the contract with PMC by giving 30 days' notice without assigning any reasons. In case of termination of the said contract for any reason; PMC shall be compensated for the services performed upto the date of termination."
Termination shall be as under:

"Either party may terminate this agreement/contract after a notice of two months. If RBI decides to terminate this agreement/contract or abandon the work, it shall pay to PMC the expenditure incurred on the project. If the agreement/contract is terminated by PMC, no compensation shall be payable to RBI, but the accounts shall be settled by PMC and refund balance deposit, if any."
22 Clause No. 3.2, Page No. 9 Environmental Clearance for the project shall be taken by client.

RBI to Kindly confirm.
No. It is the responsibility of PMC.
23 Annexure XV
Architects brief
Bidder understands that the attached Architecture layouts for Grade C/B type Officer's flats and Grade A type Officers flats (Annex-III) are only indicative. The area of proposed flats may vary from the attached layouts according to the permissible FAR/FSI as per the Annex-I.

RBI to kindly confirm
The drawings given in Annexure XV (Architect's Brief) are only indicative
24   Bidder requests RBI to kindly provide following drawings / documents/ details:

a) Indicative layout drawing of project site with boundary limits to better understand to project's requirements.

b) Sources of raw water supplying for firewater, potable water & construction water

c) As built layout /plot plan of existing/available plot including all existing facilities, buildings, structure, roads, drainage, site grading etc. Input for storm water outfall /connection location. Availability of any existing fire protection system & storage for the project to be confirmed by the client. Please clarify.
a) Site plan is enclosed.

b) There are of open 2 wells of water in the land parcel. The arrangements of water supply from Municipal corporation will be under the scope of PMC.

c) It's a vacant plot. The structures were demolished up to ground level.
25 Annexure XV
Architects brief
I. Bidder requests RBI to please clarify that, are the following systems / facilities required to be considered:

a) Separate Control room/ Security room for monitoring/ surveillance purpose
b) Complex periphery surveillance system

II. We understand that there is no Building management system and access control system requirements for the tender, please confirm.
I. The requirements are as per the architect brief in Annexure XV. Any other requirements and modification may be communicated during the planning stage after onboarding of architect.

II. It is clarified that access control system and Building management system are not required.
26 Clause No. 13.5, Page No. 16   The final score (cost + Quality) will be calculated through MSTC portal and the highest scorer will be considered L1 for award of work.
27 Sr. No. 5 of Important Information Sheet   "Estimated cost of work "shall be read as "Tentative cost of the Project"

NOTE:

  • The Bidders were advised to submit the bid after considering the clarifications given in the above minutes.

  • This is supplementary to the RFP document and will form part of the RFP.

  • All other terms and conditions and specifications of the RFP document shall continue to remain same.