ResponsetoQueries 3

Download as pdf or txt
Download as pdf or txt
You are on page 1of 34

“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll

Operate Transfer
(TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s CRISIL Limited

Clause
Sl.No. RFP Statement Query/Clarifications requested Response/ Clarifications
No.
1 5 Bid Due Date: 19.12.2022 We request that 2 weeks may be provided post Existing Condition Prevails. The last
the query clarifications on 16.12.2022. Hence, date of submission is 19.12.2022.
we request that the due date for bid submission
be extended to 30.12.2022 instead of
19.12.2022.

2 4.1 The document listed in para 3.1.1 (iv), (v), Request you to clarify if physical submission of Yes. Physical submission of the
(vi) and (vii) shall be submitted in original the mentioned documents is required. mentioned documents is required.
by the bidders to the TNRDC before the
deadline for submission.
3 5 The consultants shall report to the TNRDC Request you to amend this criterion to allow a Deliverables shall be submitted in
for the execution of the assignment. The combination of home and field time in line with TNRDC Corporate office.
teams deployed by the consulting firm (as the requirements of the work schedule.
described in the methodology submitted Presence at TNRDC Corporate Office/ Head
by firm) shall work simultaneously at Quarters could be factored in for the marketing
TNRDC Head Quarters and TNRDC process and during critical bid management
corporate office. process stages, as and when required.

4 - Consultants shall make presentations to Request you to clarify the number of Depending on the requirement.
TNRDC, to various departments and presentations required.
TNIDB as required during various stages of
the assignment.

5 Form - T5 CVs of the Key Personnel should be Request you to clarify if there is physical as well Yes. Physical as well as online
uploaded on NIC Portal along with as online submission by the consultant. submission of the mentioned
Technical Proposal and the hard copies of documents is required.
the CVs as uploaded on the NIC Portal is
to be submitted along with the Technical
Proposals.
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll Operate Transfer
(TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s CRISIL Limited

Clause
Sl.No. RFP Statement Query/Clarifications requested Response/ Clarifications
No.
6 2 (A) If firm has executed/ assisted transactions/ We request that the marking scheme be altered Existing Condition Prevails.
contracts for Infrastructure Sector worth to allow for relevant experience of working in
more than Rs. 500 Crores + (in the past 7 successful financially closed TOT transactions
years) and the no. of such transactions/ mobilizing a threshold quantity of funds for the
contracts is 2,3,4 5 or more authority. The following amendment is suggested
to be added to the experience criterion:

Experience of working in Consultancy projects for


ToT related services worth more than Rs. 500
crores + (in the past 7 years)

1 TOT – 20 marks, 2 TOT – 30 marks, 3 or


more – 35 marks

7 3.4 (a) Except in case of negligence or willful We understand that our aggregate liability is Existing Condition Prevails.
misconduct on the part of the Consultants capped for damage caused to the client.
or on the part of any person or firm acting However, the same is not the case with Third
on behalf of the Consultants in carrying out Party damage. Hence, we kindly request the
the Services, the Consultants, with respect following amendment in the agreement:
to damage caused by the Consultants to
the Client’s property, shall not be liable to
the Client:
“This limitation of liability shall also be valid for
(i) for any indirect or consequential loss or damage to Third Parties caused by the
damage; and Consultants or any person or firm acting on
(ii) for any direct loss or damage that behalf of the Consultants in carrying out the
exceeds (A) the total payments for Services.”
Professional Fees and Reimbursable
Expenditure made or expected to be made
to the Consultants hereunder, or (B) the
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll Operate Transfer
(TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s CRISIL Limited

Clause
Sl.No. RFP Statement Query/Clarifications requested Response/ Clarifications
No.
proceeds the Consultants may be entitled
to receive from any insurance maintained
by the Consultants to cover such a liability,
whichever of (A) or

(B) is higher.

(b) This limitation of liability shall not affect


the Consultants’ liability, if any, for damage
to Third Parties caused by the Consultants
or any person or firm acting on behalf of the
Consultants in carrying out the Services.

8 NA General query – Clause on Sanctions We request the inclusion of the following Clause This contract is for Transaction
on Sanctions in the proposed agreement: Advisory Services and not for
empanelment
“As of the date of this agreement, (a) neither you
nor any of your 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) you are 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 your knowledge, no entity 50% or
more owned or controlled by a direct or indirect
parent of you is the subject of Sanctions. For
purposes of clause (c) in this section, “parent” is
a person or entity owning or controlling, directly
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll Operate Transfer
(TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s CRISIL Limited

Clause
Sl.No. RFP Statement Query/Clarifications requested Response/ Clarifications
No.
or indirectly, 50% or more of you. For so long as
this agreement is in effect, you will promptly notify
CRISIL if any of these circumstances change. If
CRISIL reasonably determines that it can no
longer avail services from you in accordance with
applicable law, then CRISIL may terminate this
agreement, or any particular services,
immediately upon written notice to you"

9 NA General query – Clause on Anti-bribery and We request the inclusion of the following Clause Will be considered if required during
corruption on Anti -Bribery and Corruption in the proposed the conclusion of agreement
empanelment agreement:

“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
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll Operate Transfer
(TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s CRISIL Limited

Clause
Sl.No. RFP Statement Query/Clarifications requested Response/ Clarifications
No.
public official or a private sector person;
(iii) financial or 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
Clause (a) and Clause (b).
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."
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Darashaw & Company Private Limited

Sl.
No Clause/Section Tender Description Request for Clarification/Confirmation Response/ Clarifications
.
Datasheet on Point Table-1: Minimum Eligibility We request the authority to kindly consider Existing Condition Prevails
No 12 First stage Requirements the below suggested change:
evaluation – Sr Minimum Annual
eligibility S Minimum Annual
N experience in average
requirement r experience in the average
o the last 7 years turnover
N last 7 years (for turnover
(for past
o past performance
performance
attach
attach
undertaking for
undertaking for
any litigation
any litigation
history/ and
history/ and
arbitration)
arbitration)
1 1 The firm should Annual
1 The firm should Annual
have executed/ average
have executed/ average
assisted at least turnover for
assisted at least turnover
two last 3 years of
two for last 3
transaction/contra the firm
transaction/cont years of the
cts each worth should be
racts each worth firm should
more than Rs.250 equal to or
more than Rs.500 be equal to
Crores + in more than
Crores + in or more
Infrastructure Rs.50.00
Infrastructure than
Sector Crores
Sector Rs.50.00
Crores
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Darashaw & Company Private Limited

Sl.
No Clause/Section Tender Description Request for Clarification/Confirmation Response/ Clarifications
.
Datasheet on Point 12.2 Second stage technical evaluation We request the authority to consider the Existing Condition Prevails.
No 12.2 Second stage (Refer 5.2) below suggested change:
evaluation –
eligibility Sr Description Points Sr Description Points
No No
requirement
1 Firm's relevant 45 1 Firm's relevant 45
experience in experience in last
last 7 years 10 years
2 Adequacy of 5 2 Adequacy of 5
approach and approach and
methodology methodology
3 Qualification 50 3 Qualification and 50
and Relevant Relevant
experience of experience of the
the proposed proposed key
2 key personnel personnel
Total 100 Total 100
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Darashaw & Company Private Limited

Sl.
No Clause/Section Tender Description Request for Clarification/Confirmation Response/ Clarifications
.
Appendix V- Detailed Firm’s Relevant Experience (45) We request the authority to consider the Existing Condition Prevails.
Evaluation Criteria on below suggested change:
Page No 42 Point No 2 S. Description Maxi SubP
N mum oints S. Description Maxim Sub
o Point No um Points
s Points
1 Turnover in the 10 1 Turnover in the 10
last 3 Financial last 3 Financial
Years (2019-20 Years (2019-20
– 2021-22) – 2021-22)
Rs. 50 - 100 03 Rs. 50 - 100 03
Crore Crore
More than Rs. 05 More than Rs. 05
100 - 200 Crore 100 - 200 Crore
More than Rs. 07 More than Rs. 07
200 Crore – 250 200 Crore – 250
3 Crore Crore
More than Rs. 10 More than Rs. 10
250 Crore 250 Crore
2 If firm has 35 2 If firm has 35
executed/ executed/
assisted assisted
transactions/ transactions/
contracts for contracts for
Infrastructure Infrastructure
Sector worth Sector worth
more than Rs. more than Rs.
500 Crores + (in 250 Crores +
the past 7 years) (in the past 10
and the no. of years) and the
such no. of such
transactions/ transactions/
contracts is contracts is
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Darashaw & Company Private Limited

Sl.
No Clause/Section Tender Description Request for Clarification/Confirmation Response/ Clarifications
.
Two 20 Two 20
Three 25 Three 25
Four 30 Four 30
Five and More 35 Five and More 35
Total 45 Total 45

Section 1 Clause No As part of its Proposal, the applicant has We request authority to kindly revise the Existing Condition Prevails
1.9 Bid Security on to sign and submit a Earnest Money Earnest Money Deposit amount to Rs.
Page No 6 Deposit/Bid Security for an amount of 25,000/- considering this only being
Rs.55,000/- (Rupees Fifty Five Thousand Transaction Advisory Services requirement
Only) in the form of Demand Draft drawn and scope of Bid process management for
4 in favour of M/s Tamil Nadu Road selection of developer.
Development Company Ltd. (TNRDC). OR
Authority may ask for BID SECURITY
DECLARATION form from Transaction
Advisors

4. Team Road construction expert We request the Authority to Consider as Existing Condition Prevails
Composition & Qualification required: below
Qualification
Requirements for a. BE, Civil Engineering graduate with
the Key Experts MBA/Post graduate from an Institution Road construction expert
recognized by AICTE/NAAC or affiliated Qualification required:
5 Page No. 25 to an Indian/global University of repute
or equivalent a. BE, Civil Engineering graduate or
MBA/Post graduate from an Institution
b. Minimum 10years of professional
recognized by AICTE/NAAC or affiliated to
experience
an Indian/global University of repute or
equivalent
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Darashaw & Company Private Limited

Sl.
No Clause/Section Tender Description Request for Clarification/Confirmation Response/ Clarifications
.
c. Experience across infrastructure b. Minimum 10years of professional
related experience
public/private companies/govt. c. Experience across infrastructure related
agencies globally on topics related to
planning, operations, contract public/private companies/govt. agencies
management, revenue improvement, globally on topics related to planning,
cost reduction operations, contract management, revenue
improvement, cost reduction
in infrastructure sectors like roads and
bridges. in infrastructure sectors like roads and
bridges.

Bid Submission Date Bid Due Date- 19.12.2022 We request Authority to extend the Bid Due Existing Condition Prevails.
Date at least by Fifteen Days after reply to pre The last date of submission
Page No. 3
bid queries/Issuing is 19.12.2022.
Corrigendum/Addendum with changes in
terms and conditions to the tender
document.
6
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Darashaw & Company Private Limited

Sl.
No Clause/Section Tender Description Request for Clarification/Confirmation Response/ Clarifications
.
Clause No 1.7.2 In case a Joint Venture/Association of We request the authority to kindly allow Letter Existing Condition Prevails
Joint Venture firms, the proposal shall be accompanied of Association in case of a Joint Venture (JV)
by a certified copy of legally binding at the time of bid submission. The successful
bidder can submit the certified copy of MOU
Memorandum of Understanding (MOU)
on a stamp paper of Rs 100.
on a stamp paper of Rs.100, signed by
all firms to the joint venture confirming
the following therein
i. Date and place of signing
ii. Purpose of Joint Venture/Association
(must include the details of contract
works for which the joint venture has
been invited to bid)
iii. A clear and definite description of
the proposed administrative
7 arrangements for the management
and execution of the assignment.
Name of Lead Firm and other party
of JV should be clearly defined in the
MOU
iv. Delineation of duties/ responsibilities
and scope of work to be undertaken
by each firm along with resources
committed by each party of the
JV/Association for the proposed
services
v. An undertaking that the JV firms are
jointly and severally liable to the
Employer for the performance of the
services
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Darashaw & Company Private Limited

Sl.
No Clause/Section Tender Description Request for Clarification/Confirmation Response/ Clarifications
.
vi. The authorized representative of the
joint venture/Association shall give a
Letter of Association, MOU as in (i)
to (iv) above except (v), letter of
Authorization, copies of GPA/SPA
for the person signing the documents
and a certificate of incorporation

Appendix I Assist TNRDC in validating the Chennai We request the authority to kindly specify what Feasibility of the project
Terms of Outer Ring Road Section of road project it mean by validating the Chennai Outer Ring already created shall be
Reference, already created and suggest changes if Road Section. validated and suggest
8 Objective of changes if required
required.
Assignment

Appendix I iii) Fund Mobilization expert We request the authority the kindly remove Existing Condition Prevails
Terms of Qualification required: the requirement of Fund Mobilization Expert
Reference Point a)MBA/Post graduate from an Institution as there is not much requirement as per the
4 Team recognized by AICTE/NAAC or scope defined in the RFP.
Composition affiliated to an Indian/global University
of repute or equivalent
b) Min.10years professional experience
9 c) Experience in fund raising efforts,
investor interaction, market outreach
activities both in India and globally,
working with sovereign wealth
funds/pension funds/asset management
funds/private equity on topics of
investment strategy across
infrastructure sectors like roads and
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Darashaw & Company Private Limited

Sl.
No Clause/Section Tender Description Request for Clarification/Confirmation Response/ Clarifications
.
bridges, railways, seaports and airports

Scope of Work As the scope of work it is understood that Yes


the Consultant has to assist the Authority in
Validating the feasibility of the project. We
10 request you to clarify whether the feasibility
report for the project has been prepared or not,
if prepared we request you to kindly share it
at the bidding stage.
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Darashaw & Company Private Limited

Sl.
No Clause/Section Tender Description Request for Clarification/Confirmation Response/ Clarifications
.
(b) Payment Schedule We request the authority to kindly consider Existing Condition Prevails
The Consultant will be paid stage-wise as the below suggested change:
a percentage of the contract value as per S. Deliverable Timefram Payme
the schedule given below: No e (from nt
S. Deliverable Paym . inception
No Timef ent )
. rame
(from 1. 2 weeks 5%
incep Inception report
tion) depicting the
1. 1 week 5% methodology,
Inception report
variances if any,
depicting the
timelines and
Appendix VI: Draft methodology,
work plan
Contract Agreement variances if any,
11 timelines and
Point No 6.3 Mode of work plan
2. Submission of 4 Weeks
Feasibility 20%
Billing and Payment 2.
Finalization & Report
Release of the 2 weeks 30%
RFP, technical Finalization & 20%
3. 8weeks
schedules and Release of the
RFP, technical
schedules and
other
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Darashaw & Company Private Limited

Sl.
No Clause/Section Tender Description Request for Clarification/Confirmation Response/ Clarifications
.
3. Report out 4. Report out
lining lining
market 8 weeks 30% market 14 weeks 20%
outreach- outreach-
profiles of profiles of
potential potential
investors to investors to
be reached be reached
out to and out to and
appraisal appraisal
report report
estimating estimating
IECV IECV
calculations calculations
– report to – report to
clearly clearly
outline the outline the
estimated estimated
IECV for IECV for
Chennai Chennai
Outer Ring Outer Ring
Road Road
Section. Section.

5. Completion of
services 17 weeks 15%
detailed in the
scope of the
project,
completion of
the bidding
process until
signing of the
concession
agreement.
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Darashaw & Company Private Limited

Sl.
No Clause/Section Tender Description Request for Clarification/Confirmation Response/ Clarifications
.
4. Completion of 6. Completion of 27 weeks 20%
services 11 weeks 15% services
detailed in the detailed in the
scope of the scope of the
project, project,
completion of completion of
the bidding the bidding
process until process until
signing of the achievement of
concession Financial
agreement. Closure.

5. Completion of 20 20%
services week
detailed in the s
scope of the
project,
completion of
the bidding
process until
achievement of
Financial
Closure.
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll Operate
Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Deloitte Touche Tohmatsu India LLP

Reference in Response/Clarifications
S. No. Provision Observation/Clarification Sought
RFP
1. Notice Inviting We would like to submit that the response Existing Condition Prevails. The last date of
Tender, point 5 to the RFP requires a detailed understanding submission is 19.12.2022.
TNRDC 16.12.2022
(page 3) of the project and includes a meticulous
response to
procedure for engaging various Key and
queries latest
Non-Key experts, compilation of all relevant
by
documents, internal approvals etc.
Bid Due Date 19.12.2022
In view of above and in order to submit a
Opening of 20.12.2022 more responsive bid, we request the
Technical Authority to extend the bid due date by at
Bids least 3 weeks (i.e., at least till 09.01.2023)
from uploading of response of pre-bid
queries.
2. Table 1 – - Since introduction of Toll Operate Transfer Existing Condition Prevails.
Minimum (TOT) mode for monetization of road assets
Eligibility by NHAI in India, road sector has witnessed
Requirement significant change as to how TOT is being
(Page no. 18) perceived in the Indian Market. Over the last
5 years, TOT mode has also been
implemented at Centre as well as various
state level.
However, it is pertinent to note here that,
out of 10 bundles launched by NHAI, 5
Bundles were annulled by NHAI as
Concession Fee/IECV offered by
Concessionaire were below NHAI’s
benchmark.
For preferable outcome of the project, we
request the Authority to also include
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll Operate
Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Deloitte Touche Tohmatsu India LLP

Reference in Response/Clarifications
S. No. Provision Observation/Clarification Sought
RFP
additional criteria under Minimum Eligibility
Criteria on Page 18 as mentioned below
“The firm should have successfully
completed at least two
transaction/contracts worth more than
Rs.500 Crores + in road sector
monetization”
3. Clause 3.1.1 Document Fee & We request the Authority to kindly confirm Payable city is Chennai
(iv) & (v) (Page Bid Security the details such as payable city details for
no. 7) preparation of Demand Draft for Document
Fee and Bid Security.
4. Para 10, Data The Data, time and venue of We understand that the “Proof of Hard copy of the Technical Proposal
Sheet (page proposal submission are Eligibility”, “Technical Proposal” and documents and original DD for Document
no. 18) Date: …. “Financial Proposal” are to be submitted fee and Bid security shall be submitted
Time:…… online as per Clause 4.1 (Page no. 10) only. before the deadline for submission
Address: Tamil Nadu Road
Pl. confirm.
Development Company Ltd.,
(TNRDC) No.171, II Floor, Tamil We request the Authority to kindly confirm
Nadu Maritime Board Building, if any Documents such as Demand Draft is to
South Kesavaperumal Puram, be submitted physically as well. If so, we
Pasumpon Muthuramalingam request the Authority to provide at least 48
Road, (Near Greenways Road hours after Bid Due Date for submission of
MRTS Station), Raja Annamalai same.
Puram, Chennai 600 028 (Ref.
Para 4.1)
5. Para 5.1 (v) The documents are properly Para 1.8.1 does not exist in the issued RFP Please read the same as “The documents are
(page no. 11) signed by the authorized document. Request the Authority to modify properly signed by the authorized
signatories and whether the the same. signatories and whether the proposal
proposal contains proper POA contains proper POA as mentioned at para
1.7.1 above”
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll Operate
Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Deloitte Touche Tohmatsu India LLP

Reference in Response/Clarifications
S. No. Provision Observation/Clarification Sought
RFP
as mentioned at para 1.8.1
above
6. Form - T4 Replies to items 1) to 3) Kindly clarify whether this page limit is Existing Condition Prevails.
Approach should be limited to six A4 size inclusive of the Detailed Case Study? If so, it
Paper on pages in 1.5 space and 12 font is requested to increase the page limit to
Methodology including photographs, if any around 10 pages.
Proposed for
Performing the
Assignment
(Page 36)
7. Appendix VI: Confidentiality We request you to restrict this condition for Existing Condition Prevails.
Draft Contract confidentiality to one (1) year after
The Consultants, their Sub
Agreement expiration of the contract
consultants and the Personnel
(General
of either of them shall not,
Conditions of
either during the term or
Contract)
within two (2) years after the
Clause 3.3:
expiration of this Contract,
Confidentiality
disclose any proprietary or
(Page 64)
confidential information
relation to the Project, the
Services, this Contract or the
Client's business or operations
without the prior written
consent of the Client.
8. Appendix – I: The Qualification criteria for It is suggested that the Qualification criteria Existing Condition Prevails.
Terms of the position of “Road for the position of “Road Construction
reference, Construction Expert” states Expert” be modified as “Bachelor of
Article 4: Team “BE, Civil Engineering graduate Engineering, Civil (BE, Civil)/ Bachelor of
Composition & with MBA/Post graduate from Technology, Civil Engineering, (B.Tech,
Qualification an Institution recognized by Civil)/ BE or B.Tech in any stream with
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll Operate
Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Deloitte Touche Tohmatsu India LLP

Reference in Response/Clarifications
S. No. Provision Observation/Clarification Sought
RFP
Requirements AICTE/NAAC or affiliated to an MBA/Post graduate from an Institution
for the Key Indian/global University of recognized by AICTE/NAAC or affiliated to
Experts (page repute or equivalent”. an Indian/global University of repute or
24) equivalent”
9. Letter of An undertaking from the key Since the project is awarded to a particular Existing Condition Prevails.
Invitation, personnel must be furnished firm and their commitment to the project
Clause 3.2.4 that he/she will be available and its timely and quality deliverables can
(vi) (page 9) for entire duration of the be assured. However, there may be an
project assignment. After the instance where an employee moves out of
award of work, in case of non- the firm due to personal and unavoidable
availability of key personnel in reasons. In addition, the replaced expert
spite of his/her declaration, would have similar or better experience
he/she shall be debarred for a than the professional earlier working on the
period of two years for all assignment. Any replacement will be the
project of TNRDC. responsibility of the Consultant.
As such we request to modify the clause as
per above explanation.
10. Form T-6 and Financial Capacity of the Form T-6 on page 39 and Form E-3 on page Yes.
Form E-3 Applicant 32 of RFP contain the same information
(pages 39 and request. Please confirm if the Applicant has
32 to submit the mentioned forms twice.
respectively)
11. Appendix VI: The final payment under this We request the Authority to modify the Existing Condition Prevails.
Draft Contract Clause shall be made only after clause as the following:
Agreement the final report and a final
“The final payment under this Clause shall
(General statement, identified as such,
be made only after the final report and a
Conditions of shall have been submitted by
final statement, identified as such, shall
Contract), the Consultants and approved
have been submitted by the Consultants.”
Clause 6.3 (e) as satisfactory by the Client.
(page 72)
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll Operate
Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Deloitte Touche Tohmatsu India LLP

Reference in Response/Clarifications
S. No. Provision Observation/Clarification Sought
RFP
12. Appendix VI: An amount equivalent to 10% Since the scope of work of the Consultant is Existing Condition Prevails.
Draft Contract of the contract value shall be only till Financial Closure of the project and
Agreement retained at the end of the not commencement of TOT operations. We
(General contract and the same will be request the Authority to remove the entire
Conditions of released after the clause.
Contract), commencement of TOT
Clause 7.2 – Operation or after 1 year from
Retention completion of the consultancy
Money services, whichever is earlier.
13. Letter of In case a Joint We request the Authority to clarify that is The MoU in standard format shall be
Invitation, Venture/Association of firms, there a specific format for the MOU. If so, furnished.
Clause 1.7.2 the proposal shall be we request the Authority to kindly furnish
(page 5) accompanied by a certified the same.
copy of legally binding
Memorandum of
Understanding (MOU) on a
stamp paper of Rs.100, signed
by all firms to the joint
venture….
14. Appendix – I: Setting up an Applicant query Please clarify if this pertains to helping the Existing Condition Prevails.
Terms of addressal mechanism authority in preparing and uploading the
Reference, response to the bidder queries on the
Clause 3.1.4 TNRDC tender website and no mechanism
(page 24) will have to be developed by the
Consultants.
15. Appendix – I: Implementation of marketing We understand that all the expenses related Yes. Only for Video Conferencing.
Terms of program through Video to Video Conferencing for marketing
Reference, Conferencing to attract program and organizing Pre-bid/conference
Clause 3.1.4 potential Applicants. Create arranged in respect to the bid process will be
(page 24) appropriate market interest borne by the Authority.
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll Operate
Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Deloitte Touche Tohmatsu India LLP

Reference in Response/Clarifications
S. No. Provision Observation/Clarification Sought
RFP
both domestically and
globally………
…..
16. Appendix – I: Conducting pre-bid
Terms of conferences for Applicants
Reference,
Clause 3.1.5
(page 24)
17. General We understand that for the Technical Refer Clause 1 under ToR
Schedules, the site details will be provided
by TNRDC and the Consultant does not have
to visit the site.
Request the Authority to confirm the same.
18. Selection It may be noted that TOT programme Existing Condition Prevails.
Criteria requires significant technical efforts from
the Transaction Advisors. As a result, a QCBS
based criteria would be better suited for
TNRDC for selection of Transaction Advisor
than an L1 selection criteria. Even NHAI had
a QCBS criteria while selecting the
Transaction Advisors for its first TOT
programme. TNRDC is requested to
replicate the same.
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Ernst & Young LLP

Sl.No. Clause No. Current Provision Query/Clarifications requested Response/ Clarifications


In case of Joint Venture, the In order to enable maximum Existing Condition Prevails
maximum number of Joint Venture participation, Request Authority to
partners is limited to 2 (i.e. one lead + amend the
1 JV partner). clause as:
1 1.4
In case of Joint Venture, the maximum
number of Joint Venture partners is
limited to 3 (i.e., one lead + 2 JV
partners).
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Ernst & Young LLP

Sl.No. Clause No. Current Provision Query/Clarifications requested Response/ Clarifications


As part of its Proposal, the applicant Request Authority to consider Bank Bank Guarantee not allowed for Bid
has to sign and submit a Earnest Guarantee in leu of Demand Draft for Bid Security.
Money Deposit/Bid Security for an security.
amount of Rs.55,000/- (Rupees Fifty
Five Thousand Only) in the form of
Demand Draft drawn in favour of M/s
Tamil Nadu Road Development
Company Ltd. (TNRDC).

1.9 Bid
2
Security
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Ernst & Young LLP

Sl.No. Clause No. Current Provision Query/Clarifications requested Response/ Clarifications


Document fee: Cost of the Document Request Authority to consider Online Online payment considered and Bank
in the form of a Nonrefundable payment of Document Fee in lieu of details as detailed below:
document fee of Rs.17,700/- (Rupees Demand Draft.
Seventeen Thousand Seven Hundred Name of Beneficiary : M/s TamilNadu Road
only) in the form of Demand Draft Development Company Ltd (TNRDC)
drawn in favour of M/s TamilNadu
Road Development Company Ltd., Account Number : 395701010041407
(TNRDC).
Name of Bank : Union Bank of India

Branch Name : Madras-Mylapore Sullivans


Garden R Branch, Chennai

3 3.1.1 (iv) IFSC Code : UBIN0539571

MICR Code : 600026009

Applicants making online transfer are


required to make separate transfer of
Processing fee and Bid Security. Applicants
are required to attach with the document,
separate payment screenshot clearly
mentioning the Unique Transaction
Reference (UTR) number separately for
Processing Fee and or Bid Security as the
case maybe.
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Ernst & Young LLP

Sl.No. Clause No. Current Provision Query/Clarifications requested Response/ Clarifications


The CV of the proposed Team Leader Request Authority to amend the clause Existing Condition Prevails
should score at least 75 % marks as: The CV of the proposed Team Leader
otherwise the entire proposal shall be should score at least 60 % marks
considered to have failed in the otherwise the entire proposal shall be
4 3.2.4 (ii) evaluation of Technical Proposals and considered to have failed in the
shall not be considered for opening of evaluation of Technical Proposals and
Financial Proposals. shall not be considered for opening of
Financial Proposals.

5.4 Criteria of award: The least Request Authority to consider QCBS Existing Condition Prevails
financial bid (L1) shall be considered methodology with 80:20 criteria to assign
5 5.4 for the award. weightage to Technical capacity of bidder
in the overall evaluation.
6.1 The consultant will furnish within Request Authority to amend the clause Existing Condition Prevails
15 days of the issue of Letter of as: 6.1 The consultant will furnish within
Acceptance (LOA), an unconditional 30 days of the issue of Letter of
Bank Guarantee equivalent to 5% of Acceptance (LOA), an unconditional Bank
the total contract value from a Guarantee equivalent to 5% of the total
Nationalized Bank, IDBI or ICICI/ ICICI contract value from a Nationalized Bank,
Bank/Foreign Bank/ EXIM Bank / Any IDBI or ICICI/ ICICI Bank/ Foreign Bank/
6 6.1 Scheduled Commercial EXIM Bank / Any Scheduled Commercial
Bank approved by RBI having a net Bank approved by RBI having a net worth
worth of not less than of not less than Rs.500 crore as per latest
Rs.500 crore as per latest Annual Annual Report
Report of the Bank. of the Bank.
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Ernst & Young LLP

Sl.No. Clause No. Current Provision Query/Clarifications requested Response/ Clarifications


6.2 In the event the Consultant fails Request Authority to amend the clause Existing Condition Prevails
to provide the security within 15 days as: 6.2 In the event the Consultant fails to
of date of LOA, it may seek extension provide the security within 30 days of
of time for a period of 15 (Fifteen) date of LOA, it may seek extension of
days on payment of damages for such time for a period of 15 (Fifteen) days on
extended period in a sum of payment of damages for such extended
calculated at the rate of 0.05% (Zero period in a sum of calculated at the rate
7 6.2 Point Zero Five Percent) of the Bid of 0.05% (Zero Point Zero Five Percent) of
price for each day until the the Bid price for each day until the
performance security is provided. For performance security is provided. For the
the avoidance of doubt the avoidance of doubt the agreement shall
agreement shall be deemed to be be deemed to be terminated on expiry of
terminated on expiry of additional 15 additional 15 days time period.
days time period.

3. Duration of the Project: 20 weeks Considering the past experience of Existing Condition Prevails
various transaction advisory projects of
road sector, a timeline of 20 weeks
8 3 seems to be skewed. We hereby request
Authority to amend the clause as: 3.
Duration of the Project: 40 weeks

Table-1: Minimum Eligibility Request Authority to amend the clause Existing Condition Prevails
Requirements: Minimum experience as: Table-1: Minimum Eligibility
in the last 7 years (for past Requirements: Minimum experience in
9 12.1 performance attach undertaking for the last 10 years (for past performance
any litigation history/ and arbitration) attach undertaking for any litigation
history/ and arbitration)
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Ernst & Young LLP

Sl.No. Clause No. Current Provision Query/Clarifications requested Response/ Clarifications


(iii) In case of JV, the Lead Partner Request Authority to amend the clause Existing Condition Prevails
should fulfil at least 75% of all as: (iii) In case of JV, the Lead Partner
eligibility requirements and the other should fulfil at least 50% of all eligibility
10 12.1 (iii) partner shall fulfill at least 50% of all requirements and the other partner shall
eligibility requirements. fulfil at least 25% of all eligibility
requirements.

12.2 Second stage technical Request Authority to amend the clause Existing Condition Prevails
evaluation (Refer 5.2) Firm's relevant as: 12.2 Second stage technical
11 12.2 experience in last 7 years evaluation (Refer 5.2) Firm's relevant
experience in last 10 years
A. Firm's relevant experience in last 7 Request Authority to amend the clause Existing Condition Prevails
12 12.2 (A) years (45) as: A. Firm's relevant experience in last
10 years (45)
12.4 Third stage – Evaluation of Request Authority to consider QCBS Existing Condition Prevails
Financial proposal Financial Proposals methodology with 80:20 criteria to assign
of all Qualified Consultants in weightage to Technical capacity of bidder
accordance with clause 5.2 and 5.3 of for evaluation.
13 12.4 Letter of Invitation shall be opened.
The least financial bid (L1) shall be
considered for the award of work.

The duration of the services will be 20 It is understood that the delivery will be Yes. All the documents shall be delivered to
weeks from the time of the signing of out of client office, however the team is the client office.
5. Reporting contract. The services shall be not required to be present in client office
14
Requirements delivered in TNRDC Corporate office during the tenure of assignment. Request
at Chennai, Tamil Nadu. authority to confirm.
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Ernst & Young LLP

Sl.No. Clause No. Current Provision Query/Clarifications requested Response/ Clarifications


Relevant Services Carried out in the Request Authority to amend the clause Existing Condition Prevails
Last Seven Years Which Best Illustrate as: Relevant Services Carried out in the
15 Form-T-2 Qualifications Last Ten (10) Years Which Best Illustrate
Qualifications
CVs of the Key Personnel should be Request authority to provide link, format The CVs in the standard formats shall be
uploaded on NIC Portal along with and procedure for uploading the CVs scanned and uploaded.
Technical Proposal and the hard
16 Form- T5 copies of the CVs as uploaded on the
NIC Portal is to be submitted along
with the Technical Proposals.

3.1.1 Assisting the TNRDC in We understand that the project team Yes.
validating the Chennai Outer Ring would not be required to conduct a
3. Scope of Road Section already created and separate primary survey based traffic
Services, Tasks suggest changes • Assisting study (or any other primary surveys) for
17 (Components) TNRDC in validating the feasibility and assessment of traffic and revenue and
and Expected viability of the project. the task is subjected to only evaluation of
Deliverables available data. We request the authority
to kindly clarify the same.

The date, time and Address of The proposal requires extensive Existing Condition Prevails. The last date of
proposal submission are Date preparation and collation of works and submission is 19.12.2022.
19.12.2022 we need to put together all the
information under different forms. For
18 10 the preparation of a well-rounded and
comprehensive proposal, the authority is
requested to kindly extend the bid due by
at least two weeks.
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s KPMG India Services LLP

Sl.No. Clause No. Current Provision Query/Clarifications requested Response/ Clarifications


Page No. 18, The applicant shall be an Request Client to consider either Existing Condition Prevails. The Empaneled
Data Sheet Empaneled Consultant of TNIDB 1) Relaxation of this requirement Consultant of TNIDB alone shall be
point 10. Or considered.
2) Allowing Applicants empaneled at national
level by
(i) NITI Aayog for Core Asset Monetization &
1 Disinvestment and / or (ii) Department of
Economic
Affairs, Government of India, as Transaction
Advisors for PPP projects, to participate in
this
tender

Bid Due Date As per the RFP, the bid due date is Given the submission requirements of the Existing Condition Prevails.
19.12.2022 Proposal and time required for completing
2 our internal risk processes, request if bid
submission due date can be extended by at
least 1 week i.e., to 26.12.2022
It is mentioned that Firm’s relevant It is our understanding that both award Only Completion Certificates shall be
experience and performance for letters and completion certificates can be considered.
the last 7 years: Project sheets in submitted as proof of experience to meet this
support of relevant experience as requirement of experience certificates. Please
per Form-E2/T2 supported by the confirm.
3 3.1 experience certificates from clients
in support of experience as
specified in data sheet for the
project size shall be submitted
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s KPMG India Services LLP

Sl.No. Clause No. Current Provision Query/Clarifications requested Response/ Clarifications


Any Traffic study (in progress), Our understanding is all inputs regarding Yes
Annexure A and Annexure B traffic and study, technical studies, toll
Appendix 1 revenues and pertaining to the Asset as
4
TOR indicated in the ToR, would be provided by
Client. Please confirm.
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Mazars

Sl.No. Clause No. Current Provision Query/Clarifications requested Response/ Clarifications

1 1.7.1 i. by the proprietor in case of a We request Authority to kindly allow Existing Condition Prevails.
proprietary firm submission of Board Resolution in lieu of
ii. by the partner holding the Power of Attorney in favour of
Power of Attorney in case of a Authorised Signatory, in case of LLP.
firm in partnership (A certified
copy of the Power of Attorney
on a stamp paper of Rs. 100
and duly notarized shall
accompany the Proposal).
iii. by a duly authorized person
holding the Power of Attorney
in case of a Limited Company
or a corporation or a LLP (A
certified copy of the Power of
Attorney on a stamp paper of
Rs. 100 and duly notarized
shall accompany the proposal).
iv. by the authorized
representative in case of Joint
Venture.
2 3 - Scope of Scope of Services, Tasks We understand that no technical study / Yes
Services, (Components) and Expected Traffic survey / primary survey /
Tasks Deliverables investigations/ soil testing etc. has to be
(Components) carried out by the Transaction Advisors.
and All technical reports etc related to the
Expected Project will be provided by the Authority.
Deliverables Please confirm.
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Mazars

Sl.No. Clause No. Current Provision Query/Clarifications requested Response/ Clarifications

3 4 -Team Team Composition & We request Authority to also include the Existing Condition Prevails.
Composition Qualification Requirements for Chartered Accountant (CA) as a
& the Key Experts qualification required for Team Leader
Qualification cum PPP Expert, Financing/ Transaction
Requirements Expert and Fund Mobilization Expert.
for the Key This qualification has been adopted
Experts under various similar RFPs.
4 4 - Team Team Composition & In case of the CV of Road construction Existing Condition Prevails.
Composition Qualification Requirements for expert, kindly allow the qualification of
& the Key Experts B.E (civil Engineering) Graduate.
Qualification
Requirements
for the Key
Experts – Part
(V)
5 Appendix – V 1.2 Eligibility criteria for Lead Note: (i) Weightage to be given when The Firm should have executed
– Point no. Partner/Other Partner in case experience by a Firm as Sole Firm/Lead /assisted Transaction Advisory Services
1.2 and Point of JV. 2. Second Stage Partner in a JV/Other Partner in a JV/As
no. 2 Evaluation -Technical Associate
Evaluation (Para 12.2 of Data No. Status of the firm in carrying out
Sheet) DPR/ Feasibility Study Weightage for
experience 1.Sole firm
100% 2.
Lead partner in a JV 75%
3. Other partner in a JV 50 %
4 .As Associate 25%
The above table mentions “Status of the
firm in carrying out DPR/ Feasibility
Study”. Kindly clarify the meaning of the
same.
“Transaction Advisory services” for Chennai Outer Ring Road Project to be taken up for Assets Monetization through Toll
Operate Transfer (TOT) mode
Response to Prebid queries/clarifications on the RFP raised by M/s Mazars

Sl.No. Clause No. Current Provision Query/Clarifications requested Response/ Clarifications

6 General GENERAL CONDITIONS OF Please specific who are the Traffic Shall be provided to the Successful
CONTRACT Consultants and Technical Consultants Bidder
for the Project for the Authority.
7 Pre-Bid Kindly share the Link for online Pre Bid Already uploaded as corrigendum in
Meeting meeting. the website https;//tntenders.gov.in
and also shared through mail.
8 Bid Due Date We request Authority to kindly extend Existing Condition Prevails. The last
the bid due date at least by two weeks date of submission is 19.12.2022.
after uploading of prebid replies.

You might also like