Sr. Reference to RFP Suggestion Authority Response No. 1. 1.1 · 2019-12-23 · RESPONSE TO QUERIES...

RESPONSE TO QUERIES - REQUEST FOR PROPOSAL (RFP) FOR PANEL OF TRANSACTION ADVISORY SERVICES FOR PPP PROJECTS IN MADHYA PRADESH, MADHYA PRADESH

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Reference to RFP Queries / Clarifications Suggestion Authority Response

1. 1.1.4

“Services covered under

Transaction Advisory –

Transaction Advisory services

entail financial analysis, economic

analysis, legal analysis, contract

document preparation, tender

processing, preparation of pre-

feasibility & detailed project reports

and other assistance in bringing a

PPP project…….”

Is the Transaction Advisor

required to prepare Pre-feasibility

& Detailed Project reports

including Cost estimates for the

project?

We understand preparation of

Feasibility Report, Detail Project

Report including ascertainment of

broad details of Cost of Project

would require engagement of

Specialist Technical Advisors/Firms.

Also, considering the table provided

at Appendix 7 towards seeking

experience in Transaction Advisory;

the criteria of selection seems to lay

emphasis upon select capabilities

like

₋Project Structuring

₋Financial Advisory

₋Legal Advisory

₋Bid Process Management

It is clarified that the

Transaction Advisor shall

not be required to prepare

Detailed Project Report. It

is further clarified that the

Scope of Work of the

Transaction Advisor in

this regard would require

“Preparation of feasibility

report, value for money

analysis including broad

details of Cost of the

Project, financing plan,

financial parameters etc.”

“Panel members in

general will not be

required to provide

detailed technical

reports/advice. Where

specialist technical advice

is required, technical

advisors will be separately

procured.”

2.5

General Scope of Work

“Preparation of feasibility report,

value for money analysis including

broad details of Cost of the Project,

financing plan, financial

parameters etc. “

“Panel members in general will not

be required to provide detailed

technical reports/advice. Where

specialist technical advice is

required, technical advisors will be

separately procured.”


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Accordingly, we beg to suggest as

Follows

a) Scope of service i.e. preparation

of Pre-feasibility, Detailed Project

Reports and broad details of Cost

of the Project may be considered

for exclusion from Scope of

Service of Transaction Advisor.

b) We propose that, empanelled

Transaction Advisors may be

permitted to on-board Technical

Advisor/Firms with approval of

DIF and/or concerned State

Department at the time of award/

financial bidding for projects.

This structure is expected to assist

DIF in availing best of services for

end to end transaction advisory for a

Project, agnostic to any of the

Eligible Sector.

Clause 2.5 of the RFP

may kindly be revisited.

a. No change

contemplated.

b. No change

contemplated.

5.2.10

Experience of Professionals

Sector Expert

“Not less than 2 (Two) Detailed

Project report (DPR) preparation

projects up to finalization of DPR.

knowledge of in the field of

development of sector specific

project including preparation of

DPR. “

Can qualification of Sector Expert

be assessed basis diversified

transactions handled by the

Individual concerned within any of

the Eligible Sectors without

mandatory requirement of

preparation of DPR

5.2.10

Experience of Professionals

“For the avoidance of doubt, it is

not mandatory for the Applicant to

have an expert in each of the

sectors mentioned above.

However the Applicant is expected

to have a multi-disciplinary team

across all sectors.”

How would the Evaluation

Committee assess an Applicant

having teams with experience

across majority of Eligible Sector

with specialization in

Transaction Advisory, which

includes assisting in preparation

of DPR and Project Costing

through engagement of specialist

DPR sub-consultants?


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2. 3.1.5

Criteria of Evaluation

Human Resource

“In addition to the technical

professional staff the Applicant

should also propose not less than

2 (Two) legal professionals who

are willing to work with the

Applicant.”

1. Can Legal Advisory

experience be excluded from

the current evaluation process

for empanelment of

Transaction Advisor?

2. Otherwise, Transaction

Advisor (TA) may be permitted

to replace Legal Firm by

another Firm having similar

credentials during stage of

financial bidding for TA’s

presently participating as

As the current selection process is

for empanelling Transaction

Advisors for assisting various

departments of the State for the

implementation of identified PPP

projects among the Eligible Sectors.

We understand these Sectors are

governed by their respective

regulatory policies and have their

specific legal issues.

Moreover, since the empanelment

period is for 3 years, a situation may

arise such that a Legal Firm

empaneled as consortium with

Transaction Advisor, may over the

course of period fall in conflict to

participate in financial bidding for

certain Projects due to its new

engagements with beneficiary

parties.

No change contemplated

1.1.10

“The applicant (the “Applicant”)

can be a single entity or a

consortium (the “Consortium”).

It is further clarified that in case of

a

consortium, the member of a

consortium (the “Consortium

Member”) shall only be a legal

firm. A single entity, if it wishes to,

can apply With individual legal

practitioners having the required

qualification and experience.”


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consortium with a Legal Firm

for the current empanelment

process.

Further, the aforesaid may be

documented as part of Letter

of Empanelment.

This would unnecessarily constrain

Transaction Advisor to participate in

financial bids

Accordingly, we beg to suggest as

lows:

Legal Advisory may be excluded

from current evaluation process.

And, evaluation of Legal Counsel

may be considered at subsequent

stage i.e. during submission of

financial bid/award for a particular

project

Alternatively, empanelled

Transaction Advisors may be

permitted to on-board Legal Counsel

with approval of DIF and/or

concerned State Department at the

time of Bid/Award of project.

This would permit Transaction

Advisor to on-board specialized

legal counsel basis the Project and

permit flexibility to Transaction


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Advisor to participate in majority of

the Eligible Projects.

3. Page No. 6; Clause No. 1.1.10 &

Page No. 11; Clause 3.2:

Applicant:


a consortium, the member of a


Member”) shall only be a legal

firm

We request the authority to

remove this condition and also

allow other firms / companies to

be the “Consortium Member”.


4. Page No. 10; Clause No. 3.1/5:

PPP Projects:

The Applicant should have

successfully completed (i.e.

Concession Agreement signed

and Financial Closure achieved if it

is included in the Scope of work of

the Applicant) not less than 4 (four)

PPP Transaction Advisory

Assignments* in last 10 (ten)

financial years preceding the

Proposal Due Date.

For the avoidance of doubt any

project for which work order has

been issued prior to 1st April 2009

We request the authority to kindly

amend this criteria as follows:




and Financial Closure achieved if

it is included in the Scope of work

of the Applicant) not less than 4

(four) PPP Transaction Advisory

Assignments* in last 15 (fifteen)


Proposal Due Date.



been issued prior to 1st April



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- will not be considered under

Empanelment Criteria (Clause 3.1)

and Criteria for Evaluation (Clause

5).

2004 - will not be considered

under Empanelment Criteria

(Clause 3.1) and Criteria for

Evaluation (Clause 5).

5. Page No. 10; Clause No. 3.1/5:

PPP Projects:

*The assignment/project qualified

for experience shall be of value not

less than Rs. 50 Crore in value and

undertaken for Central/State

Government agencies or its

(Authorities/ULB’s/PRI’s/Corporati

on/Board/ Government

Companies etc.) / UTs in India.

Further, for avoidance of doubt,

one concession agreement will be

treated as one assignment.


remove the Project Cost limit as

all the stages in a PPP Project

remain the same irrespective of

the cost.


6. Page No. 17; Clause 5.2: A-1:

Completed PPP Transaction

Advisory Assignments:

The Applicant shall have, over the

last 10 (ten) financial years

preceding the Application Due

Date, provided PPP Transaction

Advisory Services in Eligible

Sector as specified in Clause 5.2


amend this criteria as follows:




last 15 (fifteen) financial years






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note 2c. to Central/State

Government or its agencies



Companies etc.)/UTs in India.




Authorities/ ULB’s / PRI’s

/Corporation/Board/ Government


7. Page No. 17; Clause 5.2: A-1:



(For the purpose of marking

Maximum 6 (six) projects in a

particular sector shall be

considered).


drop this condition.


8. Page No. 19; Note:

6. An abstract of all Technical

Professional and Legal

Professional specifying their

qualification, length of

Professional experience, project

handled etc. along with detailed

Curriculum Vitae signed by

Professional and counter signed

by Authorised Signatory.

It is not possible to get the

signatures of all the professionals

(22 + 3 Legal) as many of them

are travelling for projects related

work and not available at the head

office at a particular point of time.

Accordingly, we request the

authority to kindly accept the

Curriculum Vitae signed by the

Professional or Authorised

Signatory.



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9. Page No. 20; Financial Expert:

6 year post – qualification

professional experience


amend this criteria to as follows:

Financial Expert:




10. Page No. 20; Sector Expert:




amend this criteria to as follows:

Sector Expert:


professional experience.


11. Associate’s Experience We request the authority to kindly

consider the experience of

Associate of the applicant for the

purpose of evaluation.


12. GENERAL TERMS AND

CONDITION FOR EVALUATION,

Empanelment Criteria, Sub

Clause 3.1, Essential

Qualifications for Applicants,

Item 3 , Page 9;

The Applicant (Lead Member in

case of a consortium) should have

an Annual Advisory Turnover of

not less than Rs. 5.00 (Five) Crore

during each of the last 3 (three)

Every transaction advisory

assignment is preceded by a

feasibility study including market

research and detailed demand

assessment to establish the

optimal use of Land/subject

property. Therefore, we request

the Authority to consider the

Annual Turnover from

Consultancy Services rendered in

the infrastructure sector instead of



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financial years, viz., 2016-17,

2017-18 & 2018-19.

Note:

For the avoidance of doubt, it is

hereby clarified that 'Annual

Advisory Turnover' means

revenues from Advisory services

such as financial/PPP transactions

in the infrastructure sector only,

which needs to be duly certified by

the Applicant’s statutory

auditor/Chartered Accountant. For

avoidance of doubt, fees from

auditing, accounting, IT advisory

and similar consultancy shall not

be considered towards the Annual

Advisory Turnover hereunder.

1. Applicant is required to provide

audited annual financial

statements, balance sheets for the

financial years2016-17, 2017-18 &

2018-19.

only PPP/Transaction Advisory

Services sector.


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13. With reference to GENERAL

TERMS AND

CONDITION FOR EVALUATION,

Empanelment Criteria, Sub

Clause 3.1 Essential

Qualifications for Applicants,

Item 5 Page 10;




and Financial Closure achieved if it

is included in the Scope of work of

the Applicant) not less than 4 (four)


Assignments* in last 10 (ten)


Proposal Due Date.



been issued prior to 1st April 2009-

will not be considered under

Empanelment Criteria (Clause 3.1)

and Criteria for Evaluation (Clause

5).

In consonance with the above

highlighted observation, we would

like to reiterate that every

transaction advisory exercise is

preceded by a market research

exercise, financial modelling

exercise and an overall feasibility

study. These are key activities of

any transaction advisory

assignment as they help

Consultants establish the optimal

product mix for the subject site.

Additionally, transaction advisory

assignments exhibit long

execution periods and several

imminent, large scale

transactions have been

undertaken for Private Clients.

We, therefore, we request the

Authority to alter the definition of

eligible assignments.


undertaken not less than 4

(four) PPP Transaction

Advisory and 4 Feasibility

Please refer to our

comment at Sl. No. 12

above.




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Study Assignments* in last 10

(ten) financial years preceding the

Proposal DueDate.



been issued prior to 1st April 2009-

will not be considered under

Empanelment Criteria (Clause

3.1) and Criteria for Evaluation

(Clause 5).


for experience shall be of value

not less than Rs.

50 Crore in value and undertaken

for Central/State Government

agencies or its

(Authorities/ULB’s/PRI’s/

Corporation/Board/ Government

Companies etc.) / UTs/ Private

Sector Entity in India.


14. With reference to 5. CRITERIA

FOR EVALUATION, Sub Clause

5.2 For detailed evaluation, the

In alignment with the observations

highlighted earlier, we request the

Authority to kindly accept on-

going transaction advisory


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following marking system shall

be followed, Item A-1


Advisory Assignments


last 10(ten) financial years








on/Board/Government Companies

etc.)/UTs in India.




considered).

assignments undertaken in the

private sector. Hence, we request

the Authority to redefine the

evaluation criteria as below;








Government or its

agencies(Authorities/ULB’s/PRI’s

/Corporation/Board/Government

Companies etc.)/UTs or Private

Sector entities in India.


15. 5. CRITERIA FOREVALUATION,

Sub Clause 5.2 For detailed

evaluation, the following marking

system shall be followed, Item A-2

If on-going assignments are

allowed in Item A1, A2 can be

Redefined as below;


please also refer


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On-going PPP Transaction


The applicant shall have, over the

last 3(three) financial years





note 2c to Central/State




Companies etc.)/UTs in India

The applicant should have

undertaken Feasibility Study

Assignments over the last 5(five)


Application Due Date including

Market Research Exercise,

Demand Assessment and

Financial Modelling Activities with

Central/State Government or its

agencies (Authorities/

ULB’s/PRI’s/Corporation/Board/G

overnment Companies etc.)/UTs

or Private Sector Entities.

Authority response at Sl.

No. 14

16. 5. CRITERIA FOR EVALUATION,

Note, Item 2

The Applicant will have to provide

following documentary evidences

issued by the concerned Authority

in respect of PPP assignments

a) For Completed Assignment:

Certificate for satisfactory

completion of services which

states; project name, PPP type,

estimated cost, services

We would like to highlight that

several entities refrain/ hesitate

from providing completion

Certificates. Furthermore,

typically, the completion

certificates (when issued) do not

usually encompass details except

of name of the project and name

of the client.


Therefore, we request the

The RFP has an enabling

provision for providing a


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rendered, concessionaire

name, date of concession

Agreement signing, status of

financial closure if it is included

in the scope of work of the

Applicant. Alternatively, the

Applicant may submit a copy of

the executed Concession

Agreement along with a proof

of the project cost.

b) For On-going Assignment: A

certificate for award of the PPP

Transaction Advisory

assignment mentioning date of

contract award and scope of

work or a copy of PPP


agreement signed.

Authority to accept CA

certification for eligible

assignments as they reflect

that services were rendered to

a specific client and the fee in

lieu of the work executed was

received by the Consultant,

hence the project was

completed. Additionally, the

certificate can also reflect any

other details which need to be

verified by the Authority.

b) For Ongoing Assignment:

With respect to the ongoing

assignments, we again

request the Authority to accept

CA Certification, which can

reflect the actual fee to be paid

by the Client to the Consultant

and the fee that has already

been received thus far.

copy of the executed

Concession Agreement

along with a proof of the

project cost.



17. Clause 10. For the purpose of

Human Resources Availability of

the Applicant Firm Minimum

required qualifications and

We request the Authority to

consider ongoing PPP and


assignments for PPP expert in



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experience of Professionals (only

in the Eligible Sector as specified

in Clause 5.2 note 2c) are

hereunder

Page 20

PPP Expert- Not less than 4

(Four) Completed PPP

Transaction Advisory Assignments

knowledge of Project structuring,

Project Agreement, Risk-

management, and Bidding

process.

place of Completed PPP


Assignments knowledge of

Project structuring, Project

Agreement, Risk management,

and Bidding process.

18. With reference to Clause 10. For

the purpose of Human Resources

Availability of the Applicant Firm

Minimum required qualifications

and experience of Professionals

(only in the Eligible Sector as

specified in Clause 5.2 note 2c)

are hereunder Page 20

Sector Expert- Sector Specific

Qualification at Post Graduate

level

We request the Authority to

consider experience of Sector

Experts in ongoing DPR

assignments.



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8 years post-qualification


Not less than 2 (Two) Detailed

Project report (DPR)

preparation projects up to

finalization of DPR. knowledge

of in the field of development of

sector specific project including

preparation of DPR.

19. 3.8.3

Power of Attorney

The Proposals must be properly

signed by a duly authorized person

holding the Power of Attorney as

per statutory provisions. A copy of

the Power of Attorney certified

under the hands of a notary public

on the specified form, shall

accompany the Proposal.

We request the Authority to kindly

consider the Board Resolution for

the Authorised Representative in

lieu of Power of Attorney. As per

our company policy, we cannot

provide Power of Attorney (PoA).

The Applicant may submit

the true copy of the

extract of the Board

Resolution clearly

specifying the name of the

Authorized signatory.

20. A-2 Ongoing PPP Transaction

Advisory Assignments :




We understand the clause

specified in the tender document.

However, we would like to

highlight that we are executing

Transaction Advisory for 3

It is clarified that all the

projects ( with Project cost

not less than 50 Crores)

for which separate

Concession Agreement


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(Authorities/ ULB’s/ PRI’s/

Corporation/ Board/ Government

Companies etc.)/ UTs in India

For each ongoing projects: 2

marks

different locations and running bid

process management separately

for these locations under one

LoA, which is awarded to us from

the client.

Hence, we request the Authority

to kindly accept this ongoing

credentials as 3 ongoing projects

for the marking system, wherein

we will be submitting the same

LoA for these 3 projects as proof

of certificate of award of the


assignment.

are signed would be

considered as a separate

project even if a single

LOA is issued for such

projects.

Please refer Sl. No. 5 of

Clause 3.1 at Page. 10 of

the RFP

21. C-1 Professional Manpower

excluding Legal Professional

I. 10 Professionals: 8 marks

II. 11 to 20 Professionals: 14

marks

III. 21 and above Professionals: 20

marks


consider the following marking

scheme:


II. 11 to 20 Professionals: 15

marks

III. 21 and above Professionals:

20 marks

No Change Contemplated


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22. C-2 Legal Professional


II. Above 2 professional: 10 marks


consider the following marking

scheme:

I. 1 Professional: 5 marks

II. Above 1 professional: 10 marks

No Change Contemplated

23. 5.2 Note 2. a)

For Completed Assignment :




estimated cost, services rendered,

concessionaire name, date of

concession Agreement signing,

status of financial closure if it is

included in the scope of work of the


Applicant may submit a copy of the

executed Concession Agreement

along with a proof of the project

cost.


accept self-certification from the

MD of the organization in case of

confidential assignments.

RFP condition shall

prevail.

Refer to Authority

response at SL.No.16

24. 5.2 Note 2. c)

Eligible Sector


clarify the eligible sectors

mentioned in the tender

document is the broad list or even

projects will be considered in

other sectors as well such as

The sector mentioned in

the RFP shall be

considered as eligible

sectors.


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railways, ICDs/ CFSs, SEZs,

logistics, warehousing, etc.

ICDs, CFS, Logistic and

Warehousing shall fall

under the eligible sector

“b) Warehousing

&Agri Business; including

Logistics and Food

Processing.”

Railway shall fall under “a)

Urban Infrastructure;

including Affordable

Housing, Solid Waste

Management, Smart City

& Urban Transport”.

The applicant is required

to make a self-

assessment for eligibility

of any sector as per the

sector defined under

clause 5.2 note 2 c.

25. 17.7 and 17.9

The Proposals must be submitted

no later than: 27 December 2019,

till 1500 Hrs.


provide 3 weeks clear time from

the date of issuance of replies to

queries sent via email.

It is clarified that the

Proposal Due Date is

January 16, 2020

26. Section 3, Para 3.1, Sr. No.

3.0,Page 9

We request you to replace the

terms Annual Advisory Turnover



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Essential Qualifications For

Applicants- Annual Advisory

Turnover:







2017-18 & 2018-19.

Note:




revenues from Advisory

services such as financial/PPP

transactions in the

Infrastructure sector only, which

needs to be duly certified by the

Applicant’s statutory auditor/

Chartered Accountant. For


auditing, accounting, IT

advisory and similar

with Annual Consultancy

Turnover since large consultancy

firms usually do not maintain

separate books of accounts for

Advisory Services only.

Moreover, you may consider

Turnover from Consulting

Business (Services).


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consultancy shall not be

considered towards the Annual


Applicant is required to provide



financial years 2016-17, 2017-18 &

2018-19.

27. Section 3, Foot Note, Page 10

Applicants failing to meet these

criteria or not submitting requisite

supporting proof as specified in

this RFP document may be liable

to be rejected during the Proposal

Evaluation at sole discretion of the

DIF, GoMP.

Please specify requisite

supporting proof required to be

submitted as mentioned above.

We understand that Award

Letter/Work Order/Agreement/

Concession Agreement/

Consulting Fees received for

similar projects certified by

Company’s Auditor/ Chartered

Accountant could be produced as

proof of experience.

Please confirm.

RFP condition shall

prevail

Refer Authority response

at Sl. No. 16

28. Section3, Para 3.10.1, Page 13

Sealing and Marking of Proposal

1. Processing Fee of Rs. 10,000/-

(Rs. Ten Thousand Only) in the

We understand that Processing

Fee of Rs. 10,000/- (Rs. Ten

Thousand Only) is requested in

the form of Demand Draft or

It is clarified that online

payment can only be

made through the through

cyber receipt platform of


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form of Demand Draft/ Cyber

Receipt.

Online Fund Transfer (NEFT/

RTGS). Thus, requested you to

provide beneficiary detail for

making the above payment

through NEFT/ RTGS.

M P treasury (url:

https://www.mptreasury.o

rg/mpt/dynamic/cybertrea

suryhome.htm) under the

account head 0070--02—

800—0000—Other

Receipts of Finance

Department

29. Section5, Para 5.2 (B), Page 18

Financial Competence of the

Firm

B-1. Annual Advisory Turnover of

the firm in each of the financial

years 2016-17, 2017-18 & 2018-

19

We request you to replace the

terms Annual Advisory Turnover

with Annual Consultancy

Turnover since large consultancy

firms usually do not maintain

separate books of accounts for

Advisory Services only.

Moreover, you may consider

Turnover from Consulting

Business (Services).


30. Section5, Foot Note, Sr. No.2a,

Page18

The Applicant will have to

provide following documentary

evidences issued by the

concerned Authority in respect

of PPP assignments

You may aware that satisfactory

completion Certificate for

Advisory assignments is

generally not provided by

Government Clients.

In absence of completion

certificate, you may accept


https://www.mptreasury.org/mpt/dynamic/cybertreasuryhome.htm




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estimated cost, services rendered,

concessionaire name, date of

concession Agreement signing,

statusof financial closure if it is

included in the scope of work of the


Applicant may submit a copy of the

executed Concession Agreement

along with a Proof of the project

cost.

documentary evidence such as

Award Letter/Work

Order/Agreement/ Concession

Agreement along with Certified

Consulting Fees received for

specific project duly certified by

Company’s Auditor/ Chartered

Accountant as documentary proof

for satisfactory completion

of a project. Please confirm.

31. Section5, Foot Note, Sr. No.2c,

Page 18-19

Eligible Sector:

a) Urban Infrastructure; including

Affordable Housing, Solid

Waste Management, Smart

City & Urban Transport

b) Warehousing &Agri Business;

including Logistics and Food

Processing

We request you to include

following two important sectors

under the Eligible Sector:

k) Metro Rail, Rail, Airport & Ports

l) Special Economic Zone (SEZ),

Costal Economic Zone (CES) and

Industrial Area/ Townships

No change proposed

Also refer to Authority

response at Sl. no. 24


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c) Agriculture /

Horticulture/Veterinary/Fisheri

es and allied sectors

d) Industrial Infrastructure

including Mining

e) Roads & Highways

f) Education; including Higher/

Technical/Medical Education,

Vocational & Skill Development

and School Education

g) Health Infrastructure

h) Irrigation& Water Supply and

Sewage

i) Power Sector; Generation

&Transmission & Distribution

including renewable

j) Tourism & Eco-tourism

32. Section5, Foot Note, Sr.No.4,

Page19

Any project for which work order

has been issued prior to 1st April

2016 will not be considered as

Ongoing PPP Transaction

We request you to remove this

clause since several PPP/


Assignments was awarded before

April 2016 but the same may have

stopped in mid-way due to some

constrain before client or awaiting

No change contemplated.


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Advisory Assignment under this

Clause 5.2

Government/ Department’s

approval for implementation.

33. 3.1 (5)/page 10and note 2 & 3 in

page 18-19

Essential Qualification (PPP

Projects)

* The assignment/project qualified











1. We request you to make this

sector specific and reduce the

same for the following Sectors as

most of the investments in these

sectors are small in comparison

with core infrastructure sectors

A. Warehousing & Agri Business;

including Logistics and Food

Processing: Our suggested

capital cost is Rs. 15 Crores

B. Agriculture

/Horticulture/Veterinary/Fisheri

es and allied sectors: Our

suggested capital cost is Rs. 15

Crores

C. Education; including

Higher/Technical/Medical

Education, Vocational & Skill

Development and School

Education: Our suggested

capital cost is Rs. 5 Crores



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D. Health Infrastructure: Our

suggested capital cost is Rs. 10

Crores

E. Industrial infrastructure

including Mining: Please

reduce the capital cost to 5

Crores. Also, certain industrial

infrastructure projects such as

industrial corridors also involve

significant urban infrastructure

component. It is, therefore,

requested to clarify whether

such assignments will be

considered under ‘Industrial

Infrastructure’ or ‘Urban

Infrastructure’

1. We request you to consider

the public announcements

made by the government

agencies in the form of public

notice or news reports

published in media,

announcements in the client


of 40

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websites and emails received

from the client as well apart

from the concession

agreements as proof of

completion as many clients

do not issue such letters or

share the concession

agreements.

34. 5.2 (A1)/page 17

Evaluation Criteria














1. Marking criteria mentioned is

4 projects carry 20 marks and

additional 6 projects required

for getting maximum marks

which is 50 (5 marks per

project). It is also mentioned

in the criteria that a maximum

of 6 projects would be

considered for marking.

Request clarification whether

the marking is for all sectors

together or marking is done

for each sector separately. If

marking is separate, then

each sector will have only 30

marks maximum as only 6

1. It is clarified that only

30 marks maximum

would be allotted for a

specific sector since

as only 6 projects are

considered for

marking.


of 40

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considered).

projects are considered for

marking.

2. We also request you to

consider

a. Projects execute through

multilateral agencies like IFC,

World Bank as most of the

time, beneficiaries of these

assignments are government

agencies / departments and

MDAs act as a source of

funding and

b. Projects executed outside

India for the respective state/

central governments of those

countries either directly or

through the multilateral

agencies.

2

a. It is clarified that the

project funded by World

Bank, ADB etc. (MDAs)

but executed by

Government

Department/Agencies will

be considered

b. No change

contemplated

35. 5.2 (A2)/page 17

Evaluation Criteria

Ongoing PPP Transaction




1. It is requested to consider

projects being executed for

multilateral agencies such as

World Bank, ADB, IFC, etc.,

and also outside India

1. It is clarified that the

project funded by

World Bank, ADB etc.

(MDAs) but executed

by Government


of 40

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Companies etc.)/UTs in India

2. Please clarify on marking. 5

projects are required for

getting full marks. Is it

necessary to show 5 projects

in each sector or 5 projects in

total for all sectors?

Department/Agencies

will be considered

2. It is clarified that 5

projects in total for any

of the eligible sector as

specified in Clause 5.2

Note 2 c. sector would

qualify of obtaining full

marks.

36. 5.2 (C1)/page 17

Professional Manpower excluding

Legal Professional:

1. 10 Professionals 8 marks

2. 11 to 20 Professionals 14

marks

3. 21 and above Professionals

20 marks

It is requested to clarify that

whether total professionals

across eligible sectors will be

considered or the professional

requirement is specified for each

sector

It is clarified that

professionals across all

sector shall be considered

for the purpose of

evaluation.

Refer note 10 of the RFP

clause 5.2 at Page 20

37. Clause 10/ page 20

Sector Expert:

In some of the sectors, Sector

experts might have worked on

various other facets of the

projects, but not DPR. It is



of 40

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Eligible project- Not less than 2

(Two) Detailed Project report

(DPR) preparation projects up to

finalization of DPR. Knowledge of

in the field of development of

sector specific project including

preparation of DPR.

Minimum Qualification: ‘Sector

Specific Qualification at Post

Graduate level’

requested to waive the

requirement of DPR.

It is requested to clarify sector

wise degree that will be

considered for evaluation

The Clause is self-

explanatory.

38. It is requested to include

a. experience in Madhya

Pradesh (in any sector) and

b. Having a permanent office in

MP for marking.


39. GENERAL TERMS

AND CONDITION

FOR EVALUATION

(Page 9)

Annual Advisory Turnover:



We understand that Annual

Advisory Turnover details for

revenues, required as per the

RFP, are to be determined from

only Financial/PPP Transaction

Advisory services and these

details are to be duly certified by

the Statutory Auditor.



of 40

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2017-18 & 2018-19.

Note:




revenues from Advisory services

such as financial/PPP transactions

in the infrastructure sector only,

which needs to be duly certified by

the Applicant’s statutory

auditor/Chartered Accountant. For


auditing, accounting, IT advisory

and similar consultancy shall not

be considered towards the Annual


Applicant is required to provide



financial years 2016-17, 2017-18 &

2018-19.

We would like to submit that in

most advisory projects the scope

is not precisely defined according

to the service areas such as

financial, transaction, IT etc.,

rather in most cases the

deliverables involve professional

advice specific to project.

It would be extremely difficult for

an Auditor to ascertain annual

turnovers specifically for

Financial/PPP

Transaction Advisory services in

Infrastructure as the same would

imply segregation &

apportionment of revenue for

every advisory assignment

undertaken by the firm in

mentioned service categories.

Further, many PPP projects have

element of IT advisory as part of

the overall scope. For instance,

for a bus terminal PPP, there may

be a scope related to terminal

information systems etc. Instead,

to make to empanelment more


of 40

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competitive, DIF may consider

increasing the threshold.

In view of the above, it is

requested that the requirement

may be revised as below

“The Applicant (Lead Member in

case of a consortium)

should have an Annual

Professional fees (may include

Management Consultancy of not

less than Rs. 500.00 (Five)

hundred Crore during each of the

last 3 (three) financial years, viz.,

2016-17, 2017-18 & 2018-19.”

The same requirement may be

reflected throughout the


CONDITION FOR EVALUATION

(Page 9)

Human Resource:

The Applicant should not have less

than 10 (Ten) Full Time technical

professional staff providing PPP

Transaction Advisory Services,

comprising of not less than one

Note 11 is missing in RFP

document Please clarify

Note 11 may kindly be

read as Note 10 of clause

5.2.


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each of PPP Expert, Financial

Expert and Sector Expert who

meet the qualification and

experience criteria laid down in

Note 11 of Clause 5.2

In addition to the technical



2(Two) legal professionals who are

willing to work with the Applicant.

The Applicant shall ensure that the

technical professional staff & legal

professional staff must possess

the minimum required

qualifications and experience as

specified in Note 11 of Clause 5.2



(Page 9)

In addition to the technical



2(Two) legal professionals who are

willing to work with the Applicant.

The RFP seeks expertise in legal

aspects at the empanelment

stage. We would like to highlight

that legal practice is regulated by

Bar council of India and typically,

the Financial/Transaction

advisory firms associate with

registered legal practitioners on

Please refer Authority

response at Sl. No. 2


of 40

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The Applicant shall ensure that the

technical professional staff & legal

professional staff must possess

the minimum required

qualifications and experience as

specified in Note 11 of Clause 5.2.

Legal expert

CRITERIA FOR EVALUATION

(Page 20)

case to case basis. This also

helps in providing the best legal

expertise suited to the need of the

project.

Seeking legal expertise at this

stage would necessitate

exclusive association for legal

expertise and might not be in the

best interest of DIF as one legal

expert may not have expertise

across sectors.

We request to kindly omit the

legal person requirement from

RfP for empanelment of

Consultants and same maybe

procured & demonstrated by the

empanelled Transaction advisor

on project to project basis, prior to

selection for respective projects.



(Page 11)

The applicant (the “Applicant”) can

be a single entity or a consortium

(the “Consortium”).

Request you to consider

modifying the clause to “in case of



Member) shall either be a

technical or legal firm.”



of 40

Sr.

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Member) shall only be a legal firm.

A single entity, if it wishes to, can

apply with individual legal

practitioners having the required

Qualification and experience.

43. CRITERIA FOR EVALUATION

(Page 17)

Relevant Qualifications /

Experience of

A-1 Completed PPP Transaction


A-2 Ongoing PPP Transaction


We request the DIF to consider

allowing projects with the

following experience:

International PPP projects

directly contracted/

undertaken by the Applicant

PPP projects in which scope

of the consultant is limited to

PPP Project structuring and

legal advisory (and not Bid

process management). Such

project may be considered as

well.


44. CRITERIA FOREVALUATION

(Page 18)

We appreciate the concerns of

the DIF regarding the need of

All formats of the

Completion certificate


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Note:

2. The Applicant will have to




of PPP assignments







name, date of concessions

Agreement signing, status of

financial closure if it is included

in the scope of work of the


Applicant may submit a copy of

the executed Concession

Agreement along with a proof

of the project cost.

b) For Ongoing Assignment:

A certificate for award of the


supporting documents. However,

we would like to submit that most

client/ concerned authorities,

have their own formats of issuing

completion certificates and may

not certify all the details sought in

the RFP or reissue completion

certificates.

Also, most client/concerned

authorities may be reluctant to

issue partial completion/ongoing

certificates. Moreover, given the

deadline for this RFP, it may not

be possible to get such detailed

certification from the concerned

authorities in such short time.

This may lead to a consultancy

firm not being able to get required

marks even when it has a good

track record in PPP advisory.

In view of the above, request that

certification from the concerned

Authorized Signatory of the

consultant along with Letter of

Award /Extract of Consultancy

issued by the client

concerned Authority is

acceptable which states;

project name, PPP type,



name, date of

concessions Agreement

signing, status of financial

closure if it is included in

the scope of work of the

Applicant.. The applicants

may alternatively also

submit a copy of the

executed Concession

Agreement along with a

proof of the project cost.

For ongoing assignments

certificate for award of the

PPP Transaction

Advisory assignment

mentioning date of

contract award and scope

of work or a copy of PPP



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assignment mentioning date of

contract award and scope of

work or a copy of PPP


agreement signed.

Contract may be accepted.

Furthermore, client references

can be provided so that DIF can

verify the facts from clients, if

required.

agreement signed would

be required.

45. CRITERIA FOREVALUATION

(Page 18)

Note:

2. The Applicant will have to




of PPP assignments

c) Eligible Sector:

The list of eligible sectors does

not include sectors which might

be relevant for State including:

Transportation sectors such as

Airports, Metro etc.

Further, some of the sectors may

have ambiguous definition.

We request the DIF to consider

harmonized list of Infrastructure

sub-sectors given by Cabinet

Committee on Infrastructure as

the eligible sectors.

Refer Authority at Sl. no.

31 and 24


(Page 20)

PPP Expert: Not less than 4

(Four) Completed PPP

Transaction Advisory Assignments

knowledge of Project structuring,

Project Agreement, Risk-

We would like to highlight that the

role of the PPP expert may not be

for the entire duration of the

project and may be required to

undertake “Project structuring”

services only. Signing/ closure of

the agreement might not be in the



of 40

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management, and Bidding

process.

scope of the assignment in many

cases.

Accordingly, we request such

requirement may be removed

from the eligible project of PPP

expert. Instead, the PPP expert

may be requested to demonstrate

completion of “Project structuring”

services for 4 (Four) PPP projects


(Page 20)

Sector Expert

As clearly outlined in the RFP, the

technical firms shall be hired on

based on the project requirement.

Preparation of DPR is not

included as part of the scope of

the consultant. Accordingly, we

request you to consider removing

the requirement of Sector Experts

at this stage.



(Page 20)

Legal Expert

The legal firms shall be hired on

based on the project requirement.

Accordingly, we request you to

consider removing the

requirement of Legal Experts at

this stage.

Refer Authority response

at Sl. No. 2



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49. PROPOSAL DATASHEET

(Page 24)

Proposal Due Date: Latest by 1500

Hrs. on 16thJanuary 2020

Preparation of proposal as per the

RFP require substantial time and

efforts for collation of supporting

documents. Some of these

documents would be required to

be collated from third parties such

as Clients/Auditor. Accordingly,

we request you to please allow at-

least three weeks from the

issuance of responses to the pre-

bid queries and suitably extend

the proposal submission

deadline.


50. APPENDIX-1 COVERING

LETTER (Page 30)

I/We further certify that no

investigation by a regulatory

Authority is pending either against

us or against our Associates or

against our CEO or any of our

Directors/Managers/employees.

Most consulting firms endeavor to

ensure that there is no pending

investigation against their

employees to a large extent on

periodic basis and considering the

size of the firm, it not practically

feasible to ensure such

certification at any point of time.

Accordingly, we request that the

declaration may be limited to the

senior management only and any



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staff that may be named in the

empanelment proposal.

Accordingly, we request the DIF

to consider including the below

clause in lieu of the said clause:

“I/ We certify that no investigation

by a regulatory authority is

pending against us or any of our

Partners or the engagement team

members.”

51. General Queries No contract format has been

provided. We understand that the

issuing authority shall share the

contract format at the time of

issue of RFP for specific projects.

Please confirm our

understanding.

This RFP is only for

Empanelment of Panel for


Services for PPP Projects

in Madhya Pradesh.

Project specific

agreement shall be

signed at the time of issue

of RFP for specific

projects

Sr. Reference to RFP Suggestion Authority Response No. 1. 1.1 · 2019-12-23 · RESPONSE TO QUERIES...

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