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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

DETAIL NOTICE INVITING TENDER


e-Tender is invited for purchase of below mentioned items in single stage two cover system i.e. Request
for Pre-Qualification/Technical Bid (online Bid under PQQ/ Technical Envelope) and Request for Financial
Bid (comprising of price bid Proposal under online available Commercial Envelope):-
Sr. Description of work / EMD to Time Tender Start Date & Expiry Date Expiry Date &
No Items be Limit Document Time of Bid & Time of Bid Time of Bid
deposited Months Fee & E- Preparation of EMD Preparation &
/Years Service & Submission Submission
by Bidder
Fee (Rs.) Submission
1. Development of multi- 50000/- 12 5000+1000 29.08.2018 12.10.2018 13.10.2018
level car parking at Months = 6000/- 10:00 AM to 16:00 PM 17:00 PM
kaman sarai, 17:00 PM
Gurugram.

Under this process, the Pre-qualification/ Technical online bid Application as well as online Price Bid shall
be invited at single stage under two covers i.e. PQQ/Technical & Commercial Envelope. Eligibility and
qualification of the Applicant will be first examined based on the details submitted online under first
cover (PQQ or Technical) with respect to eligibility and qualification criteria prescribed in this Tender
document. The Price Bid under the second cover shall be opened for only those Applicants whose PQQ/
Technical Applications are responsive to eligibility and qualifications requirements as per Tender
document.
1. The payment for Tender Document Fee and e-Service Fee shall be made by eligible bidders online
directly through Debit Cards & Internet Banking Accounts and the payment for EMD can be made
online directly through RTGS/NEFT or OTC Please refer to ‘Online Payment Guideline’ available at
the Single e-Procurement portal of GoH (Govt. of Haryana) and also mentioned under the Tender
Document.
2. Intending bidders will be mandatorily required to online sign-up (create user account) on the website
https://haryanaeprocurement.gov.in to be eligible to participate in the e-Tender. He/She will be
required to make online payment of (Rs.50000/-) towards EMD fee in due course of time. The
intended bidder fails to pay EMD fee under the stipulated time frame shall not be allow to submit his
/her bids for the respective event / Tenders.
3. The interested bidders must remit the funds at least T+1 working day (Transaction day + One working
Day) in advance i.e. on or before (12.10.2018 16:00 PM); and make payment via RTGS /NEFT or OTC
to the beneficiary account number specified under the online generated challan. The intended
bidder / Agency thereafter will be able to successfully verify their payment online, and submit their
bids on or before the expiry date & time of the respective events/Tenders at
https://haryanaeprocurement.gov.in.
The interested bidders shall have to pay mandatorily e-Service fee (under document fee –Non refundable)
of Rs.1000/- (Rupee One Thousand Only) online by using the service of secure electronic gateway. The
secure electronic payments gateway is an online interface between bidders & online payment
authorization networks.
The Payment for document fee/e-Service fee can be made by eligible bidders online directly through
Debit Cards & Internet Banking.
The Bidders can submit their tender documents (Online) as per the dates mentioned in the key dates:-

Important Note:-
RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

1) The Applicants/bidders have to complete „Application/Bid Preparation & Submission‟ stage on


scheduled time as mentioned above. If any Applicant/bidder failed to complete his/her
aforesaid stage in the stipulated online time schedule for this stage, his/her Application/bid
status will be considered as „Applications / bids not submitted‟.
2) Applicant/Bidder must confirm & check his/her Application/bid status after completion of
his/her all activities for e-bidding.
3) Applicant/Bidder can rework on his/her bids even after completion of „Application/Bid
Preparation & submission stage‟ (Application/Bidder Stage), subject to the condition that the
rework must take place during the stipulated time frame of the Applicant/Bidder Stage.
4) In the first instance, the online payment details of tender document fee + e-Service and EMD
& PQQ/Technical Envelope shall be opened. Henceforth financial bid quoted against each of
the item by the shortlisted bidder/ Agency wherever required shall be opened online in the
presence of such bidders/ Agency who either themselves or through their representatives
choose to be present. The bidder can submit online their bids as per the dates mentioned in
the schedule/Key Dates above.
The bids shall be submitted online in two separate envelopes:
Envelope 1: Technical Bid
The bidders shall upload the required eligibility & technical documents online in the Technical Bid.
Envelope 2: Commercial Bid
The bidders shall quote the prices in price bid format under Commercial Bid.
Instructions to bidder on Electronic Tendering System
These conditions will over-rule the conditions stated in the tender documents, wherever
relevant and applicable.
1. Registration of bidders on e-Procurement Portal:-

All the bidders intending to participate in the tenders process online are required to get registered on the
centralized e-Procurement Portal i.e. https://haryanaeprocurement.gov.in. Please visit the website for
more details.
2. Obtaining a Digital Certificate:

2.1 The Bids submitted online should be encrypted and signed electronically with a Digital Certificate
to establish the identity of the bidder bidding online. These Digital Certificates are issued by an Approved
Certifying Authority, by the Controller of Certifying Authorities, Government of India.
2.2 A Digital Certificate is issued upon receipt of mandatory identity (i.e. Applicant‟s PAN
Card) and Address proofs and verification form duly attested by the Bank Manager / Post Master /
Gazetted Officer. Only upon the receipt of the required documents, a digital certificate can be issued.
For more details please visit the website – https://haryanaeprocurement.gov.in.
2.3 The bidders may obtain Class-II or (HQ) digital signature certificate from any Certifying Authority
or Sub-certifying Authority authorized by the Controller of Certifying Authorities or may obtain
information and application format and documents required for the issue of digital certificate from.
2.4 The bidder must ensure that he/she comply by the online available important guidelines at the
portal https://haryanaeprocurement.gov.in for Digital Signature Certificate (DSC) including the e-Token
carrying DSCs.
2.5 Bid for a particular tender must be submitted online using the digital certificate (Encryption &
Signing), which is used to encrypt and sign the data during the stage of bid preparation. In case, during
the process of a particular tender, the user loses his digital certificate (due to virus attack, hardware
problem, operating system or any other problem) he will not be able to submit the bid online. Hence, the
users are advised to keep a backup of the certificate and also keep the copies at safe place under
proper security (for its use in case of emergencies).

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

2.6 In case of online tendering, if the digital certificate issued to the authorized user of a
firm is used for signing and submitting a bid, it will be considered equivalent to a no-objection certificate
/power of attorney / lawful authorization to that User. The firm has to authorize a specific individual
through an authorization certificate signed by all partners to use the digital certificate as per Indian
Information Technology Act 2000. Unless the certificates are revoked, it will be assumed to represent
adequate authority of the user to bid on behalf of the firm in the department tenders as per Information
Technology Act 2000. The digital signature of this authorized user will be binding on the firm.
2.7 In case of any change in the authorization, it shall be the responsibility of management / partners
of the firm to inform the certifying authority about the change and to obtain the digital signatures of the
new person / user on behalf of the firm / company. The procedure for application of a digital certificate
however will remain the same for the new user.
2.8 The same procedure holds true for the authorized users in a private/Public limited company. In
this case, the authorization certificate will have to be signed by the directors of the company.
3 Pre-requisites for online bidding:
In order to operate on the electronic tender management system, a user‟s machine is required to
be set up. A help file on system setup/Pre-requisite can be obtained from Nextenders (India) Pvt. Ltd. or
downloaded from the home page of the website - https://haryanaeprocurement.gov.in.. The link for
downloading required java applet & DC setup are also available on the Home page of the e-tendering
Portal.
4 Online Viewing of Detailed Notice Inviting Tenders:
The bidders can view the detailed N.I.T and the time schedule (Key Dates) for all the tenders
floated through the single portal eProcurement system on the Home Page at
https://haryanaeprocurement.gov.in.
5 Download of Tender Documents:
The tender documents can be downloaded free of cost from the eProcurement portal
https://haryanaeprocurement.gov.in
6 Key Dates:
The bidders are strictly advised to follow dates and times as indicated in the online Notice Inviting
Tenders. The date and time shall be binding on all bidders. All online activities are time tracked and the
system enforces time locks that ensure that no activity or transaction can take place outside the start
and end dates and the time of the stage as defined in the online Notice Inviting Tenders.
7 Online Payment of Tender Document Fee, eService fee ,EMD fees & Bid Preparation &
Submission (PQQ/Technical & Commercial/Price Bid):
i) Online Payment of Tender Document Fee + e-Service fee:
The online payment for Tender document fee, eService Fee & EMD can be done using the secure
electronic payment gateway. The Payment for Tender Document Fee and eService Fee shall be made by
bidders/ Vendors online directly through Debit Cards & Internet Banking Accounts and the Payment for
EMD shall be made online directly through RTGS / NEFT & OTC. The secure electronic payments gateway
is an online interface between contractors and Debit card / online payment authorization networks.
ii) PREPARATION & SUBMISSION Of online APPLICATIONS/BIDS:
Detailed Tender documents may be downloaded from e-procurement website
(https://haryanaeprocurement.gov.in) and tender mandatorily be submitted online.
Scan copy of Documents to be submitted/uploaded for Prequalification or Technical bid under online
PQQ/ Technical Envelope: The required documents (refer to DNIT) shall be prepared and scanned in
different file formats (in PDF /JPEG/MS WORD format such that file size is not exceed more than 10 MB)
and uploaded during the on-line submission of PQQ or Technical Envelope.
FINANCIAL or Price Bid PROPOSAL shall be submitted mandatorily online under Commercial Envelope
and original not to be submitted manually)

8. ASSISTANCE TO THE BIDDERS:-


In case of any query regarding process of etenders and for undertaking training purpose, the
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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

intended bidder can also avail the following and can contact service provider as per below:
Office Timings of Help-desk support for Single e Procurement Portal of Government of Haryana-
Technical Support Assistance will be available over telephone Monday to Friday (09:00 am. to 5:30 pm)
& Training workshop will be conducted on every 1st, 2nd Friday (from 3:30 pm upto 6:00 pm) and 4th
Saturday (from 11:30 am upto 3:00 pm) of each month.
All queries would require to be registered at our official email-chandigarh@nextenders.com for on-
time support (Only those queries which are sent through email along with appropriate screenshots or
error description will be considered as registered with the Help-desk)
Important Note:-
(a) Any intending bidder can contact the helpdesk on or before prior to 4 hours of the
scheduled closing date & time of respective e-Auction/ Tender event.
(b) For queries pertaining to e-Payment of EMD, please contact the helpdesk at least 2 business days prior
to the closing date & time of e-Auction/Tender event.
(c) Help-desk support will remain closed during lunch break i.e. from 1:30 PM up to 2:15 PM on each
working day.
Schedule for Training:-
Training workshop will be held on 1st, 2nd Friday (from 3:30 pm upto 6:00 pm) and 4th
Saturday (from 11: 30 am upto 3:00 pm) of each month at following addresses:
Nextenders (India) Pvt. Ltd Nextenders (India) Pvt.Ltd. Public Nextenders (India) Pvt. Ltd.,
Municipal Corporation Health Division No. 2 Nirman Sadan (PWD B&R),
Faridabad, Near Hisar, Model Town Opp. N.D Gupta Plot No.- 01, Basement,
B.K.Chowk, Opp. Hospital, Dakshin Marg, Sec- 33 A,
B.K.Hospital, NIT, Hisar Chandigarh -160020
Faridabad Contact: 9034357793 For Support- 1800-180-2097,
Contact no. 0172-2582008-2009
8743042801 / 9310335475

For Support Call – 1800-180-2097


Haryana eProcurement Help Desk Office will remain closed on Saturday ( except 4thSaturday),
Sunday and Nation`al Holidays
NOTE:- Bidders participating in online tenders shall check the validity of his/her Digital Signature
Certificate before participating in the online Tenders at the portal https://haryanaeprocurement.gov.in.

For help manual please refer to the „Home Page‟ of the e-Procurement website at
https://haryanaeprocurement.gov.in, and click on the available link „How to...?‟ to download the file.

Guideline for Online Payments in e-tendering


Post registration, bidder shall proceed for bidding by using both his digital certificates (one each
for encryption and signing). Bidder shall proceed to select the tender he is interested in. On the
respective Department‟s page in the e-tendering portal, the Bidder would have following options to make
payment for tender document & EMD:
A. Debit Card
B. Net Banking
C. RTGS/NEFT
Operative Procedures for Bidder Payments
A) Debit Card
The procedure for paying through Debit Card will be as follows.
(i) Bidder selects Debit Card option in e-Procurement portal.
(ii) The e-Procurement portal displays the amount and the card charges to be paid by bidder. The
portal also displays the total amount to be paid by the bidder.

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

(iii) Bidder clicks on “Continue” button.


(iv) The e-Procurement portal takes the bidder to Debit Card payment gateway screen.
(v) Bidder enters card credentials and confirms payment.
(vi) The gateway verifies the credentials and confirms with “successful” or “failure” message, which is
confirmed back to e-Procurement portal.
(vii) The page is automatically routed back to e-Procurement portal.
(viii) The status of the payment is displayed as “successful” in e-Procurement portal. The e-
Procurement portal also generates a receipt for all successful transactions. The bidder can take a
print out of the same,
(ix) The e-Procurement portal allows Bidder to process another payment attempt in case payments are
not successful for previous attempt.
B) Net Banking
The procedure for paying through Net Banking will be as follows.
(i) Bidder selects Net Banking option in e-Procurement portal.
(ii) The e-Procurement portal displays the amount to be paid by bidder.
((HQ)) Bidder clicks on “Continue” button
(iv) The e-Procurement portal takes the bidder to Net Banking payment gateway screen displaying list of
Banks
(v) Bidder chooses his / her Bank
(vi) The Net Banking gateway redirects Bidder to the Net Banking page of the selected Bank
(vii) Bidder enters his account credentials and confirms payment
(v(HQ)) The Bank verifies the credentials and confirms with “successful” or “failure” message to the Net
Banking gateway, which is confirmed, back to e-Procurement portal.
(ix) The page is automatically routed back to e-Procurement portal
(x) The status of the payment is displayed as “successful” in e-Procurement portal.
The e-Procurement portal also generates a receipt for all successful transactions. The bidder can
take a print out of the same. (xi) The e-Procurement portal allows Bidder to process another payment
attempt in case payments are not successful for previous attempt.
C) RTGS/ NEFT
The bidder shall have the option to make the EMD payment via RTGS/ NEFT. Using this module,
bidder would be able to pay from their existing Bank account through RTGS/NEFT. This would offer a
wide reach for more than 90,000 bank branches and would enable the bidder to make the payment from
almost any bank branch across India.
I. Bidder shall log into the client e-procurement portal using user id and password as per existing process
and selects the RTGS/NEFT payment option.
ii. Upon doing so, the e-procurement portal shall generate a pre-filled challan. The challan will have all
the details that is required by the bidder to make RTGS-NEFT payment.
(HQ). Each challan shall therefore include the following details that will be pre-populated:
 Beneficiary account no: (unique alphanumeric code for e-tendering)
 Beneficiary IFSC Code:
 Amount:
 Beneficiary bank branch:
 Beneficiary name:
iv. The Bidder shall be required to take a print of this challan and make the RTGS/NEFT on the basis of
the details printed on the challan.
v. The bidder would remit the funds at least T + 1 day (Transaction + One day) in advance to the last day
and make the payment via RTGS / NEFT to the beneficiary account number as mentioned in the challan.
vi. Post making the payment, the bidder would login to the e-Tendering portal and go to the payment
page. On clicking the RTGS / NEFT mode of payment, there would be a link for real time validation. On
clicking the same, system would do auto validation of the payment made.
D) Over-the-Counter (OTC)
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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

This solution shall allow the bidder having account with ICICI Bank, to make the payment
from any CMS enabled Branch of ICICI Bank in India. Bidders can make the payment via cash(if
amount is<=₹ 49,999), Demand Draft or ICICI Bank Cheque.
The procedure for paying through OTC mode is as follows:
(i) Bidder selects Over-the-Counter remittance option in e-Procurement portal.
(ii) The e-Procurement portal displays the amount to be paid. Bidder chooses the bank account no. for
refund of the amount.
((HQ)) Bidder clicks on “Continue” button
(iv) The e-Procurement portal displays the details of payment. Bidders clicks on “print _challan”
and prints the OTC challan.
(v) Bidder submits the OTC challan at the counter of any designated branch of ICICI Bank with Cash /
Demand Draft / ICICI Bank Cheque (Payment in cash is allowed upto Rs.49,999/-)
(vi) ICICI Bank verifies the URN (format to be discussed and decided) and Amount with e-
Procurement portal prior to accepting the payment
(vii) On successful verification from e-Procurement portal, ICICI Bank accepts the payment. In case of
failure, ICICI Bank shall return back the OTC challan and payment to the Bidder.
(v(HQ)) ICICI Bank will commit the payment transaction (in case of successful verification from e-
Procurement portal) and sends the Bank Transaction Number (I-Sure Reference Number) online against
the URN and Amount.
(ix) ICICI Bank will generate receipt for the payment transaction and issues the same to the Bidder.
(x) The e-Procurement system updates the bank transaction number against the URN and Amount based
on details sent by ICICI Bank online prior to generation of receipt.
(xi) The status of payment will be displayed as “verification successful” in e-Procurement portal, when
the bidder clicks on verification option in the portal
(xii) Bidder would be required to upload the scan copy of receipt as received from ICICI Bank as part of
proof in Nextender portal before submitting the tender:-

Sr. no. Scenario Do's / Don’t's

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

Do‟s
• It is the bidder‟s responsibility to ensure that RTGS/NEFT payments
are made to the exact details as mentioned in the challan which are:
1) Beneficiary account no: <client code> + <random number>
2) Beneficiary IFSC Code: As prescribed by ICICI Bank (this shall
remain same across all tenders)
3) Amount: As mentioned on the challan. It is specific for every
tender/transaction
4) Beneficiary bank branch: ICICI Bank Ltd, CMS
In the event of
5) Beneficiary name: As per the challan
making
1 • For every tender, details in the challan are different and specific to
Payment through
that tender only. Bidder should not make use of a challan for making
NEFT/RTGS
payment for another tenders‟ EMD
• It is advised that all the bidders make payment via RTGS/NEFT
at least one day in advance to the last day of tender submission as
certain amount of time is required for settlement and various parites
are involved. The payment may not be available for the bidder
validation. In such cases bidder may not be able to submit the tender
• Bidder has to make only single payment against a challan as per the
amount mentioned on the challan.
• Bidder must do the payment before tender validity gets expired

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

Don’t’s
• Bidder should not enter erroneous details while filling the NEFT/RTGS
form at their bank. The following possibilities may arise:
1) Incorrect IFSC code mentioned:- Transaction would be rejected and
the amount would be refunded back in to the bidders account
2) Incorrect Beneficiary account number mentioned(<client
code> + <random number>):-
a) In case, the beneficiary account number mentioned is incorrect the
transaction would be rejected and the bid would not be accepted.
3) Incorrect Amount mentioned: The amount would be rejected if the
amount mentioned in while making the payment is incorrect. Such
cases will be captured as unreconciled transactions and will be auto-
refunded directly to bidder‟s account.
In the event of any discrepancy, payment would not be considered and
bidder would not be allowed to bid/ participate.
• Bidder is not supposed to use challan generated in one tender for
payment against another tender since details in the challan are unique
to the tender and bidder combination.
• Bidder must not make multiple or split payments against a particular
challan. Any split payment received against the same challan will be
refunded back to the bidder.
• Bidder would not be entitled to claim that he is deprived of
participating in the tender because his funds are blocked with the
division on account of incorrect payment made by the bidder

Do’s
• It is the bidder‟s responsibility to ensure that OTC payments
are made to the exact details as mentioned in the challan which are:
Beneficiary account no: <client code> + <random number>
Amount: As mentioned on the challan It is specific for every
In the event of tender/transaction
making Beneficiary name: As per the challan
2
Payment through Bidder has to make only single payment against a challan as per the
OTC amount mentioned on the challan
• Bidder must do the payment before tender validity gets expired
• Bidder needs to mandatorily upload the scan copy of the payment
receipt issued by ICICI Bank, in Nextender
Portal before submitting the Tender

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

Don’t’s
• If the bidding amount is greater than Rs.49,999,
then Bidder should not make payment in cash. In this
case, Bidder should pay via Demand Draft/ICICI Bank
Cheque
• It is bidders‟s responsibility to ensure that Demand
draft should be valid and should not have
discrepancies such as signature not found, stale
DD, mutilated, material alteration, favouring third
party etc., In the event of Demand Draft returned by
bidder‟s Bank on account of such discrepancies, ICICI
Bank shall ensure that such communication is sent to
the Client within 3 days from the date of rejection by
the Bidder‟s Bank
• For every tender, details in the challan are different
and specific to that tender only. Bidder should not
make use of a challan for making payment for another
tenders‟ EMD

GENERAL NOTES (A)


1. This contract schedule of rates is an extract of the relevant items from the Haryana PWD
schedule of rates, 1988 and is to be read with another schedule attached hereto namely as the
“ SCHEDULE OF CEILING PREMIA ”. For the purpose of cross reference against each items the
chapter no and the item no has been indicated.
2. The above rates are for the complete items including cost of all materials, labour, tools and
plants etc. unless otherwise specified.
3. All clauses and notes given in the Haryana PWD schedule of rates 1988 with upto the date of
tender shall be applicable on all above items where ever necessary.
4. The description rates, units etc. of the above items shall be corrected as per Haryana PWD
schedule of rates, 1988 in case of any error or omission.
5. Nothing shall be paid for unforeseen delays on account of non-availability of any kind of
material, drawing or design.
6. Nothing shall be paid for the damage done by rain, floor or any other act of God.
7. The whole work shall be carried out strictly in accordance with the Haryana PWD
specifications 1990 edition with upto date correction slips.
8. In case contract schedule of rates. Only essential portion or items has been written it will
deem to cover the entire items fully described in Haryana PWD schedule of rates subject to
the foot notes and notes given in the Haryana PWD schedule of rates 1988.
9. The work shall be considered to be situated within the Municipal limits for all purposes.
10. No claims will be entertained from the contractor in case any mistake in description, rates or
units accrue in any of the items taken in the schedule, while composing this schedule or on
account of typing or comparison or over sighting. If there is any mistake, the same shall be
rectifiable at any stage as per Haryana PWD schedule or rates, 1988 by the Engineer-in-charge
alongwith the amendments of the same received from time to time.
11. Approximate quantities have been given in the contract schedule of rates and these can very
at the time of execution of the work. The payment will however be made according to the
actual work done by the contractor and accepted by the Department.
12. The amount of work can be increased or decreased. The contractor will have no claims on this
account.
13. The items given in the contract schedule of rates can be changed by the Engineer-in-charge
and its execution will be handing over the contractor.
14. No claim on account of fluctuated in prices due to any reason what so ever will be considered.
15. The list of ceiling premia admissible on various items contained in various chapter of Haryana
PWD schedule of rates 1988 is attached with the notice inviting tender and shall from the part

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

and parallel of this contract schedule of rates. All those items which do not fall within
Haryana PWD schedule of rates, 1988 the ceiling premia shall be “ZERO”.
16. Payment only made to the contractor for the work actual done at site and accepted by the
department.
17. All the items in the contract schedule of rates are subject to the foot notes as given in the
Haryana PWD schedule of rates, 1988 regarding these items.
18. The department reserve the option to take away any item of work or any part there of at any
item during the currency of contractor and re-allot to another contractor with due notice to
the contractor without liability of compensation.
19. The item of HSR 1988 is described very briefly but the description would mean the complete
description in aforesaid PWD schedule of rates, 1988 regarding these items with upto date
amendments.
20. All the pages of the tender for must be signed by the tenderer before submitting the tender
failing which the tender shall be treated as invalid.
21. The validity of the tender shall be considered as three months and no lower limit even if
quoted by the contractor shall be considered.
22. In the DNIT CSR means CONTRACT SCHEDULE OF RATES.
23. If water connection is given to the contractor by the department ½% (Half percent) charges
shall be deducted from the bill of the work done. However, material required for water
connection will be arranged by the contractor.
24. The work will be carried out according to IRC, MORT & H / PWD specification latest edition
which will form a part and parcel of this contract schedule of rates.
25. Nothing extra shall be paid for any type of jungle clearance which the tenderer may have to
carry out.
26. If any damaged is done by the contractor to any existing work during the coarse of excavation
of the work. This shall have to be made good by him at his own cost.
27. The shall take all the precaution to avoid the accidents by providing and maintaining
necessary caution boards, day and night speed limit breakers, red flags and red light and
providing barriers as necessary at either end of the location. All these arrangements will be
considered as incidental to the work and contractor responsibility and nothing shall be payable
to him in this respects.
28. The contractor shall make his own arrangement for the electric connection of required and
make necessary payment directly to the department concerned.
29. The work will be open to third party inspection arranged by the department and contractor
will have no claims in this regard. The charges for third party inspection will be born by the
department.
30. Any item of work not provided in the contract schedule of rates but require to be executed,
will be at the Haryana PWD schedule of rates, 1988 together with the ceiling premium
exhibited in the NIT for various chapters where the item exists in the Haryana PWD schedule
of rates 1988 subject to premium or discount tendered by the contractor. In case of non
scheduled item, this will be governed by clause 12 of the contract agreement.
31. MCG has right to negotiate the rates to explore lower rates if required.
32. Contractor should strictly comply with the directions contained in the various orders of
Tribunal as well as the MOEF Guidelines 2010 in relation to precautions required to be taken
while carrying on construction.
33. Contractor shall put tarpaulin on scaffolding around the area of construction and the building.
No person including contractor, owner can be permitted to store any construction material
particularly sand on any part of the street, roads in any colony.
34. The construction material of any kind that is stored in the site will be fully covered in all
respects so that it does not disperse in the air in any form.
35. All the construction material and debris shall be carried in the trucks or other vehicles which
are fully covered and protected so as to ensure that the construction debris or the
construction material does not get dispersed into the air or atmosphere, in any form
whatsoever.
36. If any person, owner and or contractor is found to be violating any of the conditions stated in
this order or for their non compliance, such person,owner, contractor shall be liable to pay
compensation of Rs. 50,000/- per default in relation to construction activity at its site and Rs.
5,000/- for each violation during carriage and transportation of construction material, debris
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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

through trucks or other vehicles, in terms of Section 15 of the NGT Act on the principal of
Polluter Pay. Such action would be in addition not in derogation to the other action that the
authority made take against such contractor, owner, person and transporter under the laws in
force.
37. If construction is being carried out without taking the preventive and protective
environment/steps as stated in this order and MOEF guidelines, 2010, the State Government,
SPCB and any officer of any department as foretasted shall be entitled to direct stoppage of
work.
38. No. Construction will be done upto 1.2 m from the stem of a tree while construction of roads,
streets of any specification attract a penalty of Rs. 10000/- per tree.

Executive Engineer-(HQ)
Municipal Corporation
Gurugram

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

TECHNICAL CONDITIONS (B)


1. The ISI marked OPC 43 Grade; Cement will be used and arranged by the Contractor/ Agency at his
own cost.
2. The work will be open for third party inspection for quantity and quality as per prescribed
relevant. IS specification as directed by the Engineer in charge.
3. The design mix to be used will be going approved by the agency from Engineer-in-charge at least
15 day in advance. The samples will be given by the agency free of cost.
4. Contractor shall provide suitable measuring arrangement and leveling instruments latest quality
approved by Engineer-in-charge at the site of work.
5. No extra payment on account of quality control measures shall be paid to the contractor.
6. PERIOD OF DEFECTS LIABILITY. The contractor shall be responsible to make good and defect which
may develop or may be noticed during period of one year from the certified date of completion
and which is attributable to the contractor. All notices of such defects shall be given to the
contractor promptly. In case the contractor fails to make good the defects, the Engineer-in –
Charge may employ other means to make good such defects and all expenses consequent and
incidental there to shall be borne by the contractor.
7. The contractor shall not occupy or obstruct by his operations more than ½ of the width of any
road or street. However, in special conditions, the contractor shall obtain the consent of the
Engineer-in-charge in writing before closing any road for vehicular traffic and footpath shall be
kept clear at all times. The contractor shall make all the precaution to avoid any accidents and
for proper guidance of the traffic bye providing necessary barriers, reflective cautionary sign/
signal, speed limit boards, red and green flags, electric light focus type at night, with sufficient
number of chowkidars and other measures while work is in progress or blocking the road wherever
otherwise necessary. The material and the machinery shall be stocked/ placed at the site of work
in such a way that there will be no obstruction to traffic and inconvenience to public. No claim
shall be entertained on account of such faulty arrangement made by the contractor. The
contractor shall be fully responsible for all accidents caused by the negligence of such precaution.
In case the contractor fails to comply with the afore said arrangements the same shall be made by
the Engineer-in-charge at the risk and cost of the contractor.
8. If directed by the Engineer-in-charge in writing the work shall be done during night time for which
nothing extra shall be paid to the contractor.
9. Before tendering the tender shall inspect the site of work and shall fully acquaint/ satisfy himself
about the condition with regard to site, nature of soil, availability of material, suitable location
for construction of god owns stores and labour huts, the extent of leads and lifts is involved in the
work (over the entire duration of contract) including local required for a satisfactory execution of
work. This rate should take into consideration all such factors and contingencies. No claim what
so ever shall be entertained by the department on this account.
10. Only actual quantities of work completed by the Engineer-in-charge shall be paid for if any
damage in done by the contractor to any existing work during the course of execution of work,
this shall have to be made good by him at his own cost.
11. At least one authorized representative of the contractor should always be available at site of
work to take instruction from departmental officers and ensure proper execution of work should
be done in the absence of the contractor.
12. The contactor shall be required to provide all such materials/ equipment‟s at site to conduct field
tests and to ensure that the quality of aggregate shall be according to the prescribed specification
and no payment for material required for samples for such tests shall be made to him. In case the
material is not found up to mark, the same will be rejected.
13. For cement, bitumen, steel and similar other material there essential tests are to be carried out
at the manufacturer‟s plants or at laboratories other then the site laboratory, the cost of
samples, testing and furnishing of test certificates to the Engineer.
14. Nothing shall be paid for making and maintenance of service road required for the transportation
of the material.
15. Nothing shall be paid for making and maintenance of service road required for the transportation
of the material.
16. If any damage is done by the contractor to any existing work during the course of excavation of
the work this shall have to be made good by him at any cost.
17. Only actual quantities of work completed and accepted by the Engineer-in-charge shall be paid
for.
18. The contractor shall make his own arrangement for obtaining the electric connection of required
and make necessary payment directly to the department concerned.

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

19. Irrespective of what is stated in para 6 of the preface of Hr. PWD/ schedules of rates 1988 general
rules no carriage of cement, steel and bricks aggregate bitumen or any other type of material
shall be admissible irrespective of lead involved.
20. No payment will be made to the contractor for damage caused by the rains or other natural
claimants during the execution of the work and no claim on this account will be entertained.
21. This security shall be refunded after 3(three) months of completion of work but the contractor/
Agency shall submit deposit at call in the shape of bank Guarantee of equal amount for balance
09(nine) months in favour of Engineer-in-charge before release of security.
22. The aggregate & fine aggregate used shall be as per PWD/ Most specification and the water shall
be as per IS 456 2000.
23. All aggregates including water etc. and furnished products in RMC will be tested as per relevant
ISI standard.
24. The Fly ash may be used in mix designed for M-40 grade to max extent of 10% and design be got
approved by the NCCB/CRRI with minimum cement content 420 Kg of 43 grade per cubic meter.
25. Any item of work not provided in the contract schedule of rates but require to be executed, will
be paid at the Haryana PWD schedule of rates, 1998 together with the ceiling premium exhibited
in the NIT for various chapter where the item exists in the Haryana PWD schedule of rates 1988
subject to premium or discount tendered by the contractor. In case of non schedule items, this
will be governed by class 12 of the contract agreement.
26. Municipal Corporation Gurugram has right has to negotiate the rates to explore lower rates if
required.

Executive Engineer-(HQ)
Municipal Corporation
Gurugram

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

SPECIAL CONDITIONS (C)


1. Wherever in the description of the item in the bill of the quantities the specification clause No.
of MORT&H is missing, the same shall be carried out strictly in accordance with the MORT&H
(Road Wing) and latest revision/ amendment as applicable.
2. The contractor shall clear the site of work simultaneously as the work proceeds failing which the
same shall be got cleared by the Engineer-in-charge at the risk and cost of the contractor.
3. Collection of material at site for the proper execution of work as per specification shall include
all leads and lifts. The percentage rates quoted by the contractor shall hold good irrespective of
the quarry/ sources form which materials are brought so long it conform to the specification.
Clause/ change of any quarry/ source shall not entitle the contractor to claim any revision in
rates.
4. The contractor shall store all materials in proper manner so as to avoid contamination,
deterioration and any accidents. He shall not store or keep any materials are to be stored shall be
subject to the approval of the Engineer-in-charge. At the places where the materials are stored
by the contractor he will make his own arrangements to clear the place within such time as may
be instructed by the Engineer-in-charge or the same shall be got clear by the Engineer-in-charge
at the risk and cost of the contractor.
5. No compensation for any damage caused to the work/ materials by him, folds or other natural
calamities shall be pad to the contactor. The contractor shall make good all such damages at his
own cost as per directions of the Engineer-in-charge.
6. The contractor shall obtain prior approval of the Engineer-in-charge before installation of water
and power system, electrical and mechanical equipment and plants and all temporary
construction etc. at site of work. On completion of work, the contractor be made good the ground
at his own cost as per directions of the Engineer-in-charge, failing which the same shall he made
good by the Engineer-in-charge at the risk and cost of the contractor.
7. The contractor shall made his own arrangement for obtaining electrical connection, if required
and make necessary payment directly to the department concerned.
8. The contractor shall not occupy or obstruct by his operation more than ½ of the width of any road
or street. However, in special conditions, the contractor shall obtained the consent of the
Engineer-in-charge in writing before closing any road for vehicular traffic and foot path shall be
dept clear at all times. The contractor shall make all the precaution to avoid any accidents and
for proper guidance of the traffic by providing necessary barriers, reflective cautionary sign/
signal, speed limit boards, red and green flags, electric light focus type at night, with sufficient
number of chowkidars and other measures while work is in progress or blocking the road wherever
otherwise necessary. The material and the machinery shall be stocked/ placed at the site of work
in such a way that there will be no obstruction to traffic and inconvenience to public. No claim
shall be entertained on account of such faulty arrangement made by the contractor. The
contractor shall be fully responsible for all accidents caused by the negligence of sung precaution.
In case the contractor fails to comply with the aforesaid arrangements the same shall be made by
the Engineer-in-charge at the risk and cost of the contractor.
9. If directed by the Engineer-in-charge in writing the work shall be done during night time for which
nothing extra shall be paid to the contractor.
10. The contractor shall make arrangement at his own cost for at least two numbers of modern
leveling instruments (wild type) for the purpose of carrying leveling operation failing which the
same shall be arranged by the Engineer-in-charge at his risk and cost.
11. No work should be done in the absence of the contractor on his authorized representatives. A
technician and surveyor will be provided/ made available for all working time by the contractor
for carrying out quality control tests and surveying. Nothing extra will be paid on this account.
12. Nothing will be paid unforeseen delays on account of non-availability of any kind of material or
drawing and design.
13. The contractor will be responsible for setting cut the work estabilisng benchmark, center line etc
and will carry out all such works at his own cost.
14. Before start of the work, the contractor shall submit the program of execution of work, get it
approved from Engineer-in-charge and strictly adhere to the same for timely completion of the
project.
15. The contractor shall have to make approached to the site, if so required and keep them in good
condition for transportation of labour and materials a well as inspection of work by Engineer-in-
charge. Nothing extra shall be paid on this account.
16. The contractor shall bear all incidental charges for cartage, storage and safe custody of materials
issued to him by the department if any or his own material.

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

17. The rate quoted by the agency/ contractor shall including the entire cost of royalty, Municipal
tax, direct or indirect including all loading, unloading, carriage on Kacha/ Pacca bed or road and
stacking including all labour for supply of material at the destination and nothing extra shall be
paid. The contractor shall quote his accordingly.
18. The contractor will arrange and use its own all type of machinery and T&P incidental to all
operation for the work. The rates to be quoted should be inclusive of the same.
19. The stacking will be done at hot mix plant site for various type of material in the sequence as
approved by the Engineer-in-charge, which will have to be maintained.
20. The contractor shall remove all bituminous on kerbs and channels and all heaps of wasted mix
from gully grating, bell mount and other installation at the end of the day work, failing which the
same shall be done at his risk and cost.
21. In case of important roads where the intensity of traffic is high, the contractor shall be
constructed by the Engineer-in-charge, restrict the work to non peak period as determined by the
Engineer-in-charge. No claim/ compensation on account of the same shall be entertained.
22. Collection of material should be so planned that it is commensurate with physical progress.
23. The quality control for road work and materials will be exercised as per section 900 of MORT&H
specification latest revision/ amendment and for determining the quality of bitumen used by
extraction method as per procedure laid for doing such tests by IRC, the frequency of sampling
will be:-
a) MSS/ Pre Mix Carpet/ LBM & BC: One test per 50 meter cube and not less than two tests per
day.
b) BM: One test per 100 meter cube and not less than two tests per day.
24. At the time of start of work, the contractor shall get a sample work done in presence of Engineer-
in-charge who shall fix up the degree of compaction/ consolidation required for a particular item
of work and conduct suitable tests at regular intervals to determine for the work done approaches
the desired limit. In case tests reveal any deficiency, the contractor shall made good the same
without extra payment or work will be rejected if not according to required specification.
25. The contractor shall progress on different parts simultaneously to ensure completion of the road
so that minimum breakage and repairs are involved.
26. To arrive at the desired grading of materials for BM, the exact quantities of material of different
gauges shall be determined and stacked on the basis of laboratory tests from time to time. The
extra payment on this account worked not be admissible.
27. To ensure quality of intermediate traction test check may be carried out and sample taken from
materials. In case that is not found according to specification the work may be rejected.
However, the engineer-in-charge if considered it expedient and in the interest of work, he may
ask the contractor to supply the missing fraction up to quantity as determined by him separately,
free of cost.
28. Before tendering the tendered shall inspect the site of work and shall fully acquaint/satisfy
himself about the condition with regard to site, nature of soil, availability of materials, suitable
location for construction of godowns stores and labor huts, the extent of leads and lifts is involved
in the work (over the entire duration of contract) including locals conditions, traffic restriction,
obstructions and other conditions as required for a satisfactory execution of work. His rate should
take into consideration all such factors and contingencies. No claim what so ever shall be
entertained by the department on this account.
29. Weather and seasonal limitation: The work of laying shall not be taken up during rainy or foggy
weather or when base course is damp or wet or during dust storm or when atmospheric
temperature is 10 degree C or less at site of work of particular reach.
30. The rate quoted should include hire charges of land or purchase of land for installation of Ht Mix
Plant etc.
31. Only actual quantities of work completed and accepted by the Engineer-in-charge shall be paid
for if any damage in done by the contractor to any existing work during the course of execution of
work this shall have to be made good by him at his own cost.
32. Samples will also be got tested from CRRI/ Shree Ram Test House/ IIT`s or any other reputed test
house & testing laboratory. Samples will be given by the agency free of cost and testing charges
will be borne by the contractual agency.
33. Before start of the work contractor will get his machinery inspected and approved from the
Engineer-in-charge of the work.

Executive Engineer-(HQ)
Municipal Corporation
Gurugram

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

MAINTENANCE OF ROAD (D)


a) The contractor will maintain the roads for period of one year from date of completion of roads.
Maintenance will include repair of any potholes or depression or damage, which will be done by
contractor at his own cost. The contractor will be bound to repair road cuts also for which he will
be paid for and the contractor will be bound to repair the road cuts if any during mtc. Period.
The contractor will be paid for cuts @425/- per sqm and bitumen will be issued free of cost to
contractor. The contractor will be bound to repair the road cut within 2 days from its occurrence.
The road cuts will be repaired by filling jamuna sand in trenches, with three layers metal having
compacted 9” thickness and75 mm thick LBM,25mm thick premix carpet with seal coat type „B‟
proper compaction with suitable capacity of roller to entire satisfaction of the engineer-in –
charge the bitumen issued for restoration of road cuts shall be 6.75 kg/sqm.
b) If the contractor /agency fail to repair the road cut with in two days of its occurrence then
penalty amounting to Rs.500/-per cut per day will be levied on contractor.
c) The contractor/agency will be have to arrange the related materiel and required machinery for
the repair of potholes and depression during the mtc. period at his own cost. Nothing extra will
be paid on his account.
d) Security amount deducted under clause-1 of agreement will be 5% of gross amount of work. This
security amount will be refunded after successful completion of the mtc. period of one year.

Executive Engineer-(HQ)
Municipal Corporation
Gurugram

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

QUALITY CONTROL (E)

1. a) Identify defects: The engineers-in-charge or his representative shall check the


contractor‟s any work and notify the contractor any defects that are found. Such checking
shall not relieve the contractor/ contractor‟s responsibility/ responsibilities. The engineer-in-
charge may instruct the contractor to search for defect and to uncover any work that the
engineer-in-charge or his authorized representative considers may have a defect.
b) Correction of defects: The Engineers-in-charge shall give notice to the contractor of any
defects before the end of defects liability period/ maintenance period which will be one year
after completion. The defect liability period/ maintenance shall be extended as long as
defects remain to be corrected. Every time notice of a defect is given, the contractor shall
correct the notified defect within the limit of time specified by the Engineer-in-Charge‟s
notice. If the contractor has not corrected a defect within the time specified in Engineer-in-
charge‟s notice, the Engineer-in-charge will assess the cost of having the defect corrected
and the contractor will pay the amount.
c) The contractor shall have to provide a field laboratory fully equipped at work site and at hot
mix plant for conducting all the relevant tests mentioned in the MORTH&H specification
subject to the approval of the Engineer-in-charge or his representative. The record of such
tests is to be maintained in proper register duly signed by the contractor or his
representative, which will become the property of Deptt. The contractor will bear all the
running expenses for conducting such tests. All the tests will be carried in the presence of
Engineer-in-charge or his authorized representative. All the entries are to be signed by the
contractor and such authorized representative of Engineer-in-charge.
2. The quality control tests will be got done by department and the material for such tests will
be supplied by the contractor free of cost. In case the material is not found upto the
requirement, the same will be rejected. Cost of such tests will also be biome by contractual
agency.
3. Various quality control operation will be maintained as per clause No. 901, 902, 903 of
MORT&H (Road wing) specification (IVth revision) of 2001/ latest edition.
4. Contractor shall provide suitable measuring arrangement and leveling instruments of latest
quality approved by Engineer-in-charge at the site of work.
5. No extra payment on account of quality control measures shall be paid to the contractor.
6. The Engineer-in-charge at his discretion can get any type and nos. of tests carried out from
any other approved laboratory for his satisfaction for which all the expenses incurred would
be biome by the contractual agency. The results so obtained from the laboratory would be
acceptable/ binding to the agency.
7. The riding quality of each and every reach will be strictly as per specifications.
8. Work will be also be opened to third party inspection also.
9. The Sign Board showing the detail has to be installed at site free of cost before starting the
work.

Executive Engineer-(HQ)
Municipal Corporation
Gurugram

17
RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

REQUEST FOR PROPOSAL

FOR

APPOINTMENT OF TRANSACTION ADVISOR, FROM THE LIST OF PANEL OF PRE-QUALIFIED


TRANSACTION ADVISORS APPROVED VIDEADDL. CHIEF SECRETARY TO GOVT.OF HARYANA,
FINANCE DEPARTMENT MEMO.VO. 40/7/2016/Asstt./HBPE(FD) DT. 19/01/2017, FOR THE
PROJECT OF DEVELOPMENT OF MULTI-LEVEL CAR PARKING AT KAMAN SARAI, GURUGRAM.

ON PUBLIC PRIVATE PARTNERSHIP (PPP)

Municipal Corporation, Gurugram (Haryana)


Plot No. C-I, Tower-B,
2nd Floor, Info City-I,
Sector-34, Gurugram - 122004 (Haryana)
e-mail: ce@mcg.gov.in
July 2017

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

Table of Contents
GENERAL
1.1 Background ....................................................................................... 21
1.2 Request for Proposal ............................................................................ 21
1.3 Due diligence by Applicants .................................................................... 21
1.4 Sale of RFP Document ........................................................................... 21
1.5 Validity of the Proposal ......................................................................... 21
1.6 Brief description of the Selection Process ................................................... 22
1.7 Currency conversion rate and payment ...................................................... 22
1.8 Schedule of Selection Process ................................................................. 22
1.9 Pre-Proposal Conference ....................................................................... 22
1.10 Project Overview .............................................................................. 23
1.11 Bid Security .................................................................................... 23
2. INSTRUCTIONS TO BIDDERS ..................................................................... 23
2.1 Scope of Proposal ................................................................................ 23
2.2 Conditions of Eligibility of Applicants......................................................... 24
2.3 Conflict of Interest .............................................................................. 24
2.4 Number of Proposals ............................................................................ 26
2.5 Cost of Proposal .................................................................................. 26
2.6 Visit to the Municipal Corporation Gurugram for Assessment ............................. 26
2.7 Acknowledgement by Applicant ............................................................... 26
2.8 Right to reject any or all Proposals ........................................................... 27
2.9 Clarifications / Corrigendum / Addendums .................................................. 27
2.10 Amendment of RFP............................................................................ 27
2.11 Language ....................................................................................... 28
2.12 Format and signing of Proposal ............................................................. 28
2.13 Financial Proposal ............................................................................. 28
2.14 Submission of Online Proposal............................................................... 29
2.15 Proposal Due Date............................................................................. 29
2.16 Late Proposals ................................................................................. 30
2.17 Modification/ substitution/ withdrawal of Proposals .................................... 30
2.18 Performance Security......................................................................... 30
2.19 Evaluation of Proposals....................................................................... 30
2.20 Clarifications from Applicants ............................................................... 31
2.21 Negotiations.................................................................................... 31
2.22 Substitution of Key Personnel ............................................................... 31
2.23 Indemnity....................................................................................... 32
2.24 Award of Transaction Advisory Services ................................................... 32
2.25 Execution of Agreement...................................................................... 32
2.26 Commencement of Assignment ............................................................. 32
2.27 Proprietary data ............................................................................... 32
3. EVALUATION PROCESS........................................................................... 33
3.1 Evaluation of Financial Proposal ............................................................... 33
3.2 Combined and final evaluation………………………………………………………………………………… 20
4. FRAUD AND CORRUPT PRACTICES ............................................................. 33
5. PRE-PROPOSAL CONFERENCE .................................................................. 34
6. SCOPE OF WORK ................................................................................. 35
6.1 Scope of Work of the Assignment ............................................................. 35
6.2 Responsibilities of the Transaction Advisor .................................................. 37
7. MISCELLANEOUS .................................................................................. 38
7.1 General Provisions ............................................................................... 38
7.2 Payment Milestones & Project Timelines..................................................... 38
7.3 Working Conduct ................................................................................. 39
7.4 Other Terms and Conditions.................................................................... 39
8. CONTENTS OF THE PROPOSAL ................................................................. 40
8.1 Transmittal Letter and Title Page ............................................................. 40

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

8.2 Table of Contents ................................................................................ 40


8.3 Summary of Pre-Qualification…………………………………………………………………………………………….………40
8.4 Proposal Contents................................................................................ 40
8.5 Team Identification and Organizational Chart .............................................. 40
8.6 Services and Work Plan ......................................................................... 41
8.7 Qualifications and Experience ................................................................. 41
8.8 Power of Attorney ............................................................................... 41
8.9 Undertaking regarding Conflict of Interest................................................... 41
8.10 Proposal Validity Period ........................................................................ 41
8.11LAST DATE FOR SUBMISSION OF PROPOSAL ..................................................... 41
9. SUBMITTAL OF FINANCIAL PROPOSALS ..................................................... 41
9.1FORM FIN-1 (FINANCIAL PROPOSAL SUBMISSION FORM) ........................................... 32
9.2 FORM FIN-2 (FORMAT FOR FINANCIAL PROPOSAL)………………………………………………………………… 33
9.3FORM FIN-3 (TRANSACTION ADVISOR‟S ORGANIZATION AND EXPERIENCE) ..................... 45
9.4FORM FIN-4 (COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE AND ON COUNTERPART
STAFF AND FACILITIES TO BE PROVIDED BY THE
EMPLOYER)……………………………………………………………………………………………………………..…….. 47
9.5FORM FIN-5 (DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR PERFORMING THE
ASSIGNMENT/JOB)………………………………………………..…………………..……………………………….…….48
9.6 FORMFIN-6(TEAM COMPOSITION AND TASK
ASSIGNMENT/JOBS)……………………………………………………………………………………………………………….49
9.7 FORM FIN-7 (INFORMATION REGARDING ANY CONFLICTING ACTIVITIES AND DECLARATION
THEREOF) ......................................................................................... 49
9.8 FORM FIN-8 (POWER OF ATTORNEY)…………………………………………………………………………………………..40

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

1. GENERAL
1.1 Background

Municipal Corporation, Gurugram (Haryana) has decided to undertake the Development of a Multi-
level Car Parking at Kaman Sarai, Gurugram through Public-Private Partnership (the “Project”) on a
suitable model.

With a view to inviting bids for the Project, Municipal Corporation, Gurugram (Haryana) has decided
to conduct a feasibility study for determining the technical feasibility and financial viability of the
Project. If found, technically feasible and financially viable, the Project may be taken up for
procurement for selection of a private entity (the “Concessionaire”) selected through a competitive
bidding process for development. The Project would be implemented in accordance with the terms
and conditions stated in the Concession Agreement to be entered into between the Municipal
Corporation, Gurugram(Haryana) and the Concessionaire (the “Concession Agreement”).

In pursuance of the above, the Municipal Corporation Gurugram (Haryana) has decided to carry out
the process for selection of a Transaction Adviser for preparing the Feasibility Report and bid
documents including the draft Concession Agreement, appraise the Project, develop a revenue
model and project structure, and assist the Municipal Corporation Gurugram (Haryana) in the bidding
process, till the signing of the Concession Agreement in accordance with the Terms of Reference
specified.

The appointment of Transaction Advisor shall be made on Cost Based Selection (CBS) basis.

1.2 Request for Proposal


The, Municipal Corporation Gurugram(Haryana) invites proposals from interested firms (the
“Proposals”)from the list of panel of pre-qualified transaction advisors approved vide Addl. Chief
Secretary to Govt.of Haryana, Finance Department memo.no. 40/7/2016/Asstt./HBPE(FD) dt.
19/01/2017 for selection of Transaction Advisor (the “Transaction Advisor”) who shall develop a
revenue model and appropriate structure for the Project (the “Revenue Model”), prepare bid
documents for selection of the Concessionaire (the “Bid Documents”) and assist the Municipal
Corporation Gurugram (Haryana) in the bidding process (collectively the “Transaction Advisory
Services”). The Municipal Corporation Gurugram (Haryana) intends to select the Transaction Advisor
through an open competitive bidding process in accordance with the procedure set out herein.

1.3 Due diligence by Applicants


Applicants are encouraged to inform themselves fully about the assignment and the local conditions
before submitting the Proposal by paying a visit to the MC Gurugram and the
Project site, sending written queries to the Municipal Corporation Gurugram,(Haryana) and attending
a Pre-Proposal Conference on the date and time specified.

1.4 Sale of RFP Document


RFP document can be obtained online on all working days on payment of a fee of Rs.5,000 (Rupees
Five Thousand only) by making an online payment through the website
https://mcgurgaonharyanaeprocurement.gov.in. No other mode of sale of RFP document shall be
allowed.

1.5 Validity of the Proposal


The Proposal shall be valid for a period of not less than 120 days from the Proposal Due Date (the
“PDD”).

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

1.6 Brief description of the Selection Process


Municipal Corporation Gurugram,(Haryana) has adopted a single stage Cost Based Selection (CBS)
process (collectively the “Selection Process”) for evaluating the Proposals comprising financial bid
to be submitted in sealed envelope. In this stage, on the basis of the laid down terms and
conditions, the Transaction Advisers shall submit financial proposals and the Transaction Advisers
quoting the lowest financial quote i.e. L-1 will be selected for the project. The L-1 ranked Applicant
(the “Selected Applicant”) shall be called for negotiation, if necessary, while the second ranked
Applicant will be kept in reserve.

1.7 Currency conversion rate and payment


For the purposes of technical evaluation of Applicants, [Rs. 65 (Rupees sixty)] per US$ shall be
considered as the applicable currency conversion rate. In case of any other currency, the same shall
first be converted to US$ as on the date 60 (sixty) days prior to the PDD, and the amount so derived
in US$ shall be converted into INR at the aforesaid rate. The conversion rate of such currencies shall
be the daily representative exchange rates published by the International Monetary Fund for the
relevant date.

All payments to the Transaction Advisor shall be made in INR in accordance with the provisions of
this RFP. The Transaction Advisor may convert INR into any foreign currency as per Applicable Laws
and the exchange risk, if any, shall be borne by the Transaction Advisor.

1.8 Schedule of Selection Process


The Municipal Corporation Gurugram, (Haryana) would endeavour to adhere to the following
schedule:

Sr. No Event Description Date


1. Issue of Bid Documents 29.08.2018
2. Last Date for receiving queries / clarifications 08.09.2018
3. Pre Proposal Conference 10.09.2018
4. Departments Response to Queries 17.09.2018
5. Proposal Due Date or PDD for Online 08.10.2018
Submission
5. A Physical Submission of Online Bid 11.10.2018
Opening of Proposal 13.10.2018
6. Validity of Applications 120 days
7. Address for Submission Executive Engineer-(HQ),
Municipal Corporation,
Gurugram, Plot No. C-
I,Tower-B,2nd Floor, Info
City-I,Sector-34, Gurugram -
122004 (Haryana)

1.9 Pre-Proposal Conference


Commissioner,
Municipal Corporation, Gurugram (Haryana)
Plot No. C-I, Tower-B, 2nd Floor, Info City-I,
Sector-34, Gurugram - 122004 (Haryana)

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

1.10 Project Overview


Details of Project to be developed under PPP is given as follows:

Sl. No. Particulars of Projects Land Title Approx Area in sq m

Multi Lever Car Parking at


1. Nagar Nigam 8950.57
Kaman Sarai, Gurugram

1.11 Bid Security

1.11.1 The Applicant shall furnish online as part of its Proposal, a bid security of Rs.50,000 (Rupees
Fifty Thousand Only). The Selected Applicant‟s Bid Security shall be returned, or adjusted in
the amount of the Performance Security in accordance with the provisions thereof.

1.11.2 Any Bid not accompanied by the Bid Security shall be rejected by the Departments as
nonresponsive.

1.11.3 The Municipal Corporation, Gurugram (Haryana) shall not be liable to pay any interest on the
Bid Security and the same shall be interest free.

1.11.4 The Applicant, by submitting its Application pursuant to this RFP, shall be deemed to have
acknowledged that without prejudice to the Municipal Corporation, Gurugram (Haryana) any
other right or remedy hereunder or in law or otherwise, the Bid Security shall be forfeited and
appropriated by the Corporation as the mutually agreed pre-estimated compensation and
damage payable to the Corporation for, inter alia, the time, cost and effort of the Corporation
in regard to the RFP including the consideration and evaluation of the Proposal under the
following conditions:
 If an Applicant submits a non-responsive Proposal;
 If an Applicant engages in any of the Prohibited Practices specified in Section 4 of this
RFP;
 If an Applicant withdraws its Proposal during the period of its validity as specified in
this RFP and as extended by the Applicant from time to time;
 In the case of the Selected Applicant, if the Applicant fails to reconfirm its
commitments during negotiations as required vide Clause 2.23;
 If the Applicant is found to have a Conflict of Interest as specified in Clause 2.3.

1.11.5 The Applicants shall submit their Bid Security online and proof of payment made in a
physically sealed Bid Security envelope and the same should reach the concerned Office as
stated in the Request for Proposal by post or in person. Delays in post shall be the
responsibility of Applicants.
1.11.6 The Applicants have to upload scanned copy of Bid Security instrument along with the
reference details in the online Proposal in „Envelope – B‟ section.

2. INSTRUCTIONS TO BIDDERS

2.1 Scope of Proposal


2.1.1 Detailed description of the objectives, scope of services, Deliverables and other requirements
relating to this Transaction Advisory Services are specified in this RFP. In case an applicant
firm possesses the requisite experience and capabilities required for undertaking the
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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

Transaction Advisory Services, it may participate in the Selection Process (the “Applicant”).
The manner in which the Proposal is required to be submitted, evaluated and accepted is
explained in this RFP.
2.1.2 No Applicant shall submit more than one Bid for the Project.
2.1.3 Applicants are advised that the selection of Transaction Advisor shall be on the basis of an
evaluation by the Municipal Corporation Gurugram, (Haryana) through the Selection Process
specified in this RFP. Applicants shall be deemed to have understood and agreed that no
explanation or justification for any aspect of the Selection Process will be given and that the
Corporation‟s decisions are without any right of appeal whatsoever.
2.1.4 The Applicant shall submit its Proposal in the form and manner specified in this Section of the
RFP. The Financial Proposal shall be submitted in the form at Appendix-II. Upon selection, the
Applicant shall be required to enter into an agreement with the MC, Gurugram.

2.2 Conditions of Eligibility of Applicants


2.2.1 To be eligible for evaluation of its Proposal, the Applicant should be listed in the panel of pre-
qualified transaction advisors approved vide Addl. Chief Secretary to Govt.of Haryana, Finance
Department memo.vo. 40/7/2016/Asstt./HBPE(FD) dt. 19/01/2017.

2.3 Conflict of Interest


2.3.1 An Applicant shall not have a conflict of interest that may affect the Selection Process or the
Transaction Advisory Services (the “Conflict of Interest”). Any Applicant found to have a
Conflict of Interest shall be disqualified. In the event of disqualification, the Municipal
Corporation Gurugram, (Haryana) shall forfeit and appropriate the Performance Security, if
available, as mutually agreed genuine pre-estimated compensation and damages payable to
the Corporation‟s for, inter alia, the time, cost and effort of the Corporation‟s including
consideration of such Applicants Proposal, without prejudice to any other right or remedy that
may be available to the Municipal Corporation Gurugram, (Haryana) Here under or otherwise.
2.3.2 The Municipal Corporation Gurugram, (Haryana) requires that the Transaction Advisor provides
professional, objective, and impartial advice and at all times hold the Corporation‟s interests
paramount, avoid conflicts with other assignments or its own interests, and act without any
consideration for future work. The Transaction Advisor shall not accept or engage in any
assignment that would be in conflict with its prior or current obligations to other clients, or
that may place it in a position of not being able to carry out the assignment in the best
interests of the Municipal Corporation Gurugram (Haryana).
2.3.3 Without limiting the generality of the above, an Applicant shall be deemed to have a Conflict
of Interest affecting the Selection Process, if: (a) the Applicant, its Associates (or any
constituent thereof) and any other Applicant, its Associate (or any constituent thereof) have
common controlling shareholders or other ownership interest; provided that this
disqualification shall not apply in cases where the direct or indirect shareholding or ownership
interest of an Applicant, its Member or Associate (or any shareholder thereof having a
shareholding of more than 5 per cent of the paid up and subscribed share capital of such
Applicant, Member or Associate, as the case may be) in the other Applicant, its Associate is
less than 5% (five per cent) of the subscribed and paid up equity share capital thereof.
2.3.4 For the purposes of this Clause 2.3.4, indirect shareholding held through one or more
intermediate persons shall be computed as follows: (aa) where any intermediary is controlled
by a person through management control or otherwise, the entire shareholding held by such
controlled intermediary in any other person (the “Subject Person”) shall be taken into
account for computing the shareholding of such controlling person in the Subject Person; and
(bb) subject always to Sub-clause (aa) above, where a person does not exercise control over
an intermediary, which has shareholding in the Subject Person, the computation of indirect
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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

shareholding of such person in the Subject Person shall be undertaken on a proportionate


basis; provided, however, that no such shareholding shall be reckoned under this Sub-clause
(bb) if the shareholding of such person in the intermediary is less than 26% (twenty six per
cent) of the subscribed and paid up equity shareholding of such intermediary; or (b) a
constituent of such Applicant is also a constituent of another Applicant; or (c) such Applicant
or its Associate receives or has received any direct or indirect subsidy or grant from any other
Applicant or its Associate; or (d) such Applicant has the same legal representative for purposes
of this Application as any other Applicant; or (e) such Applicant has a relationship with
another Applicant, directly or through common third parties, that puts them in a position to
have access to each other‟s information about, or to influence the Application of either or
each of the other Applicant; or (f) there is a conflict among this and other consulting
assignments of the Applicant (including its personnel and other members, if any) and any
subsidiaries or entities controlled by such Applicant or having common controlling
shareholders. The duties of the Transaction Advisor will depend on the circumstances of each
case. While providing Transaction Advisory Services to the Municipal Corporation Gurugram,
(Haryana) for this particular assignment, the Transaction Advisor shall not take up any
assignment that by its nature will result in conflict with the present assignment; or (g) a firm
which has been engaged by the Municipal Corporation Gurugram, (Haryana) to provide goods
or works or services for a project, and its Associates, will be disqualified from providing
consulting services for the same project save and except as provided in Clause 2.3.3;
conversely, a firm hired to provide consulting services for the preparation or implementation
of a project, and its Members or Associates, will be disqualified from subsequently providing
goods or works or services related to the same project; or (h) the Applicant, its Member or
Associate (or any constituent thereof), and the bidder or Concessionaire, if any, for the
Project, its contractor(s) or sub-contractor(s) (or any constituent thereof) have common
controlling shareholders or other ownership interest; provided that this disqualification shall
not apply in cases where the direct or indirect shareholding or ownership interest of an
Applicant, its Member or Associate (or any shareholder thereof having a shareholding of more
than 5% (five per cent) of the paid up and subscribed share capital of such Applicant, Member
or Associate, as the case may be,) in the bidder or Concessionaire, if any, or its contractor(s)
or sub-contractor(s) is less than 5% (five per cent) of the paid up and subscribed share capital
of such Concessionaire or its contractor(s) or sub-contractor(s); provided further that this
disqualification shall not apply to ownership by a bank, insurance company, pension fund or a
Public Financial Institution referred to in sub-section (72) of section 2 of the Companies Act,
2013. For the purposes of this Sub-clause (h), indirect shareholding shall be computed in
accordance with the provisions of Sub-clause (a) above. For purposes of this RFP, Associate
means, in relation to the Applicant, a person who controls, is controlled by, or is under the
common control with such Applicant, or is deemed or published as an “Associate Office”; or
has a formal arrangement such as tie up for client referral or technology sharing, joint venture
with the Applicant (the “Associate”); provided, however, that if the Applicant has any formal
arrangement such as consortium membership in a consortium of advisers/ Transaction Advisors
for a particular assignment/ project, not being this project, with any other person, then such
other person shall not be treated to be an Associate of the Applicant solely due to the reason
of forming such consortium. As used in this definition, the expression “control” means, with
respect to a person which is a company or corporation, the ownership, directly or indirectly,
of more than 50% (fifty per cent) of the voting shares of such person, and with respect to a
person which is not a company or corporation, the power to direct the management and
policies of such person by operation of law or by contract.
2.3.5 An Applicant eventually appointed to provide Transaction Advisory Services for this Project, its
Associates, affiliates and the Financial Expert, shall be disqualified from subsequently

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

providing goods or works or services related to the construction and operation of the same
Project and any breach of this obligation shall be construed as Conflict of Interest; provided
that the restriction herein shall not apply after a period of 1 (one) years from the completion
of this assignment or to any consulting assignments granted by banks/ lenders at any time;
provided further that this restriction shall not apply to Transaction Advisory Services/ advisory
services performed for the Municipal Corporation Gurugram (Haryana) in continuation of this
Transaction Advisory Services or to any subsequent Transaction Advisory Services/ advisory
services performed for the Municipal Corporation Gurugram, (Haryana) in accordance with the
rules of the Corporation For the avoidance of doubt, an entity affiliated with the Transaction
Advisor shall include a partner in the Transaction Advisor‟s firm or a person who holds more
than 5% (five per cent) of the subscribed and paid up share capital of the Transaction Advisor,
as the case may be, and any Associate thereof. For the avoidance of doubt, in the event that:
(a) the Financial Expert of an Applicant/ Transaction Advisor was a partner or an employee of
another firm, which attracts the provisions relating to Conflict of Interest hereunder; and (b)
was directly or indirectly associated with any assignment that causes a Conflict of Interest
hereunder, then such Team Leader / Financial Expert shall be deemed to suffer from Conflict
of Interest for the purpose hereof.
2.3.6 In the event that the Transaction Advisor, its Associates or affiliates are auditors or financial
advisers to any of the bidders for the Project, they shall make a disclosure to the Municipal
Corporation Gurugram (Haryana) as soon as any potential conflict comes to their notice but in
no case later than 7 (seven) days from the opening of the RFP applications for the Project and
any breach of this obligation of disclosure shall be construed as Conflict of Interest. The
Municipal Corporation Gurugram, (Haryana) shall, upon being notified by the Transaction
Advisor under this Clause 2.3.6, decide whether it wishes to terminate this Transaction
Advisory Services or otherwise, and convey its decision to the Transaction Advisor within a
period not exceeding 15 (fifteen) days.

2.4 Number of Proposals


No Applicant or its Associate shall submit more than one Application for the Transaction Advisory
Services.

2.5 Cost of Proposal


The Applicants shall be responsible for all of the costs associated with the preparation of their
Proposals and their participation in the Selection Process including subsequent negotiation, visits
to the Municipal Corporation Gurugram,(Haryana) Project site etc.
2.6 Visit to the Municipal Corporation Gurugram for Assessment
Applicants are encouraged to submit their respective Proposals after visiting the office of the
Municipal Corporation Gurugram, (Haryana) and ascertaining for themselves the availability of
documents and other data with the Corporation, Applicable Laws and regulations or any other
matter considered relevant by them.

2.7 Acknowledgement by Applicant


2.7.1 It shall be deemed that by submitting the Proposal, the Applicant has: (a) made a complete
and careful examination of the RFP; (b) received all relevant information requested from the
M.C. Gurugram ; (c) accepted the risk of inadequacy, error or mistake in the information
provided in the RFP or furnished by or on behalf of the Municipal Corporation Gurugram,
(Haryana) or relating to any of the matters referred to in Clause 2.6 above;(d) satisfied itself
about all matters, things and information, including matters referred to in Clause 2.6& 2.7
herein above, necessary and required for submitting an informed Application and performance
of all of its obligations thereunder; (e) acknowledged that it does not have a Conflict of

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

Interest; and (f) agreed to be bound by the undertaking provided by it under and in terms
hereof.

2.7.2 The Municipal Corporation Gurugram, (Haryana) shall not be liable for any omission, mistake
or error in respect of any of the above or on account of any matter or thing arising out of or
concerning or relating to RFP or the Selection Process, including any error or mistake therein
or in any information or data given by the Corporation.

2.8 Right to reject any or all Proposals


2.8.1 Notwithstanding anything contained in this RFP, the Municipal Corporation Gurugram,
(Haryana) reserves the right to accept or reject any Proposal and to annul the Selection
Process and reject all Proposals, at any time without any liability or any obligation for such
acceptance, rejection or annulment and without assigning any reasons therefore.

2.8.2 Without prejudice to the generality of Clause 2.8.1, the Municipal Corporation Gurugram,
(Haryana) reserves the right to reject any Proposal if: (a) at any time, a material
misrepresentation is made or discovered, or (b) the Applicant does not provide, within the
time specified by the Municipal Corporation Gurugram, (Haryana), the supplemental
information sought by the Corporation for evaluation of the Proposal. Misrepresentation/
improper response by the Applicant may lead to the disqualification of the Applicant. If such
disqualification / rejection occurs after the Proposals have been opened and the highest
ranking Applicant gets disqualified / rejected, then the Municipal Corporation Gurugram,
(Haryana) reserves the right to consider the next best Applicant, or take any other measure as
may be deemed fit in the sole discretion of the Municipal Corporation Gurugram, (Haryana),
including annulment of the Selection Process.

2.9 Clarifications / Corrigendum / Addendums


2.9.1 Applicants requiring any clarification on the RFP may send their queries to the Municipal
Corporation Gurugram, (Haryana) in writing by e-mail so as to reach before the date
mentioned in the Schedule of Selection Process at Clause 1.8. The subject shall clearly bear
the following identification: "Queries concerning RFP for Development of Multi Level Car
Parking at Kaman Sarai, Gurugram on PPP Mode". The Municipal Corporation Gurugram,
(Haryana) shall endeavour to respond to the queries within the period specified therein but no
later than 7 (seven) days prior to the PDD. The responses will be sent by e-mail. The Municipal
Corporation Gurugram, (Haryana) will post the reply to all such queries, minutes of the Pre
Bid Meeting / Corrigendum / Addendum on the Official Website only and copies thereof may
be circulated to all Applicants through e - mail who have purchased the RFP document or
participated in the Pre Bid or specifically requested the Municipal Corporation Gurugram,
(Haryana) without identifying the source of queries.
For Any queries all the concerned can contact Executive Engineer-(HQ), Office of the
Municipal Corporation, Gurugram (Haryana) Plot No. C-1, Info City-1, Tower-B, Second Floor,
Sector-34, Gurugram-122004, Haryana.
2.9.2 The Municipal Corporation Gurugram (Haryana) reserves the right not to respond to any
queries or provide any clarifications, in its sole discretion, and nothing in this Clause 2.9 shall
be construed as obliging the Corporation to respond to any question or to provide any
clarification.

2.10 Amendment of RFP


2.10.1 At any time prior to the deadline for submission of Proposal, the Corporation may, for any
reason, whether at its own initiative or in response to clarifications requested by an
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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

Applicant, modify the RFP document by the issuance of Addendum/ Amendment and posting it
on the https://mcgurgaonharyanaeprocurement.gov.in and by conveying the same to the
prospective Applicants (who have purchased the RFP document) by e-mail.
2.10.2 All such amendments will be notified through e-mail to all Applicants who have purchased the
RFP document. The amendments will also be posted on the
https://mcgurgaonharyanaeprocurement.gov.in along with the revised RFP containing the
amendments and will be binding on all Applicants.
2.10.3 In order to afford the Applicants a reasonable time for taking an amendment into account, or
for any other reason, the Municipal Corporation Gurugram, (Haryana) may, in its sole
discretion, extend the PDD.

2.11 Language
2.11.1 The Proposal with all accompanying documents (the “Documents”) and all communications in
relation to or concerning the Selection Process shall be in English language and strictly on the
forms provided in this RFP. No supporting document or printed literature shall be submitted
with the Proposal unless specifically asked for and in case any of these Documents is in
another language, it must be accompanied by an accurate translation of all the relevant
passages in English, in which case, for all purposes of interpretation of the Proposal, the
translation in English shall prevail.

2.12 Format and signing of Proposal


2.12.1 The Applicant shall provide all the information sought under this RFP. The Municipal
Corporation Gurugram, (Haryana) would evaluates only those Proposals that are received in
the specified forms and complete in all respects.
2.12.2 The Applicant shall prepare only one set of the Proposal (together with originals/ copies of
Documents required to be submitted along therewith pursuant to this RFP) and clearly marked
“ORIGINAL”. In the event of any discrepancy between the original and its online submission
and hard copy submission, the online submission shall prevail.
2.12.3 The Proposal shall be typed or written in indelible ink and signed by the authorised signatory
of the Applicant who shall initial each page, in blue ink. In case of printed and published
Documents, only the cover shall be initialled. All the alterations, omissions, additions, or any
other amendments made to the Proposal shall be initialled by the person(s) signing the
Proposal. The Proposals must be properly signed by the Authorised Representative (the
“Authorised Representative”) as detailed below: (a) by the proprietor, in case of a
proprietary firm; or (b) by a partner, in case of a partnership firm and/or a limited liability
partnership; or (c) by a duly authorised person holding the Power of Attorney, in case of a
Limited Company or a corporation; A copy of the Power of Attorney certified by a notary
public in the form specified in Appendix-I (Form-8) shall accompany the Proposal (if required).
2.12.4 Applicants should note the PDD, as specified in Clause 2.8, for submission of Proposals. Except
as specifically provided in this RFP, no supplementary material will be entertained by the
Municipal Corporation Gurugram, (Haryana), and that evaluation will be carried out only on
the basis of Documents received by the closing time of PDD as specified in Clause 2.17.1.
Applicants will ordinarily not be asked to provide additional material information or
documents subsequent to the date of submission, and unsolicited material if submitted will be
summarily rejected.

2.13 Financial Proposal


2.13.1 Applicants shall submit the financial proposal in the formats at Appendix-II (the “Financial
Proposal”) clearly indicating the total cost of the Transaction Advisory Services (Form-2 of
Appendix II) in both figures and words, in Indian Rupees, and signed by the Applicant‟s
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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

Authorised Representative. In the event of any difference between figures and words, the
amount indicated in words shall prevail. In the event of a difference between the arithmetic
total and the total shown in the Financial Proposal, the lower of the two shall prevail.
2.13.2 Financial bid should be submitted only online in “COMMERCIAL or Envelope - C” and nowhere
else in technical option or physically. If financial bid is submitted online along with technical
bid documents or physically the tender shall be rejected.

2.13.3 While submitting the Financial Proposal, the Applicant shall ensure the following: (i) All the
costs associated with the assignment shall be included in the Financial Proposal. These shall
normally cover remuneration for all the Personnel (Expatriate and Resident, in the field,
office etc.), accommodation, air fare, equipment, printing of documents, etc. The total
amount indicated in the Financial Proposal shall be without any condition attached or subject
to any assumption, and shall be final and binding. In case any assumption or condition is
indicated in the Financial Proposal, it shall be considered non-responsive and liable to be
rejected. (ii) The Financial Proposal shall take into account all expenses and tax liabilities.
For the avoidance of doubt, it is clarified that all taxes shall be deemed to be included in the
costs shown under different items of the Financial Proposal. Further, all payments shall be
subject to deduction of taxes at source as per Applicable Laws. ((HQ)) Costs (including break
down of costs) shall be expressed in INR.

2.14 Submission of Online Proposal


2.14.1 The Applicants have to prepare their Bids online, encrypt their Bid Data in the Bid Forms and
submit Bid Seals (Hashes) of all the envelopes and documents required to be uploaded related
to the Tender as per the time schedule mentioned in the key dates of the Request for Proposal
after signing of the same by the Digital Signature of their authorized representative.
2.14.2 Applicants not registered with www.haryanaeprocurement.gov.in at the time of bidding, will
have to get registered for participation.
2.14.3 Applicants will have to pay e-services charges amounting to Rs.1000/- along with RFP
document fee online at https://mcgurgaonharyanaeprocurement.gov.in Every Applicant
should submit the required valid EMD and eligibility documents as per tender document
through on line system by scanning of documents and uploading the same documents online at
https://mcgurgaonharyanaeprocurement.gov.in at “Envelope - B” Option.
2.14.4 Financial bid should be submitted online in “COMMERCIAL or Envelope - C” option only by
scanning the financial bid document given along with the tender document and nowhere else
in technical option or physically. If financial bid is submitted online along with technical bid
documents or physically the tender shall be rejected.
2.14.5 Every bidder should submit the certified copies of eligibility documents as specified in tender
document physically in sealed envelope mentioning name of work, name of bidder, date of
tender etc. at the place mentioned in the Schedule of Bidding Process on the PDD.
2.14.6 Without physical submission of Eligibility documents, the financial bid shall not be eligible for
opening even though the same document are uploaded by the bidder for e-tendering on line.
2.14.7 Every Applicant should observe and follow instructions for submission of bid in user guide
option available at https://mcgurgaonharyanaeprocurement.gov.in
2.14.8 Right to accept or reject any or all tenders are reserved.

2.15 Proposal Due Date


2.15.1 Proposal should be submitted at or before 1500 hrs on the Proposal Due Date specified in
Clause 1.8 at the address provided in Clause 1.8 in the manner and form as detailed in this
RFP.

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

2.15.2 The Municipal Corporation Gurugram, (Haryana) may, in its sole discretion, extend the PDD by
issuing an Addendum in accordance with the provisions of this RFP uniformly for all Applicants.

2.16 Late Proposals


Proposals received by the Municipal Corporation Gurugram after the specified time on PDD or
its suitable extension shall not be eligible for consideration and shall be summarily rejected.

2.17 Modification/ substitution/ withdrawal of Proposals


2.17.1 The Applicant may modify, substitute, or withdraw its Proposal after submission, provided
that written notice of the modification, substitution, or withdrawal is received by the
Municipal Corporation Gurugram prior to PDD. No Proposal shall be modified, substituted, or
withdrawn by the Applicant on or after the PDD.
2.17.2 The modification, substitution, or withdrawal notice shall be prepared, sealed, marked, and
delivered in accordance with Clause 2.18, with the envelopes being additionally marked
“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.
2.17.3 Any alteration / modification in the Proposal or additional information or material supplied
subsequent to the PDD, unless the same has been expressly sought for by the Municipal
Corporation Gurugram, (Haryana) shall be disregarded.

2.18 Performance Security


2.18.1 The Applicant, by submitting its Application pursuant to this RFP, shall be deemed to have
acknowledged that without prejudice to the Municipal Corporation Gurugram, (Haryana) any
other right or remedy hereunder or in law or otherwise, its Performance Security shall be
forfeited and appropriated by the Municipal Corporation Gurugram, (Haryana) as the mutually
agreed pre-estimated compensation and damages payable to the Corporation for, inter alia,
the time, cost and effort of the Corporation in regard to the RFP, including the consideration
and evaluation of the Proposal, under the following conditions: (a) If an Applicant engages in
any of the Prohibited Practices specified in Clause 4.1 of this RFP; (b) if the Applicant is found
to have a Conflict of Interest as specified in Clause 2.3; and (c) if the selected Applicant
commits a breach of the Agreement.
2.18.2 An amount equal to 5% (five per cent) of the Agreement Value shall be deemed to be the
Performance Security for the purposes of this Clause 2.20, which may be forfeited and
appropriated in accordance with the provisions hereof. The Selected Bidder can request the
Municipal Corporation Gurugram, (Haryana) to appropriate the amount of Bid Security in the
Performance Security, as the case may be.

2.19 Evaluation of Proposals


2.19.1 The Municipal Corporation Gurugram, (Haryana) shall open the Online Proposals at [1530]
hours on the PDD in the presence of the Applicants who choose to attend.
2.19.2 Prior to evaluation of Proposals, the Municipal Corporation Gurugram, (Haryana) will
determine whether each Proposal is responsive to the requirements of the RFP. A Proposal
shall be considered responsive only if: (a) the Technical Proposal is received in the form
specified at Clause 2.2; (b) it is received by the PDD including any extension thereof pursuant
to Clause 2.9; (c) it is signed, sealed, bound together in hard cover and marked as stipulated
in Clauses 2.14; (e) it contains all the information (complete in all respects) as requested in
the RFP; (f) it does not contain any condition or qualification; and (g) it is not non-responsive
in terms hereof.
2.19.3 The Municipal Corporation Gurugram, (Haryana) Reserves the right to reject any Proposal
which is nonresponsive and no request for alteration, modification, substitution or withdrawal
shall be entertained by the Dept. in respect of such Proposals.
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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

2.19.4 The Municipal Corporation Gurugram, (Haryana) shall subsequently examine and evaluate
Proposals in accordance with the Selection Process and the criteria set out in Section 3 of this
RFP.
2.19.5 The opening of Financial Proposals shall be done in presence of respective representatives of
Applicants who choose to be present. The Municipal Corporation Gurugram, (Haryana) will not
entertain any query or clarification from Applicants who fail to qualify at any stage of the
Selection Process. The financial evaluation and final ranking of the Proposals shall be carried
out in terms of Clauses 3.1 and 3.2.
2.19.6 Applicants are advised that Selection shall be entirely at the discretion of the Municipal
Corporation Gurugram, (Haryana) applicants shall be deemed to have understood and agreed
that the Municipal Corporation Gurugram, (Haryana) shall not be required to provide any
explanation or justification in respect of any aspect of the Selection Process or Selection.
2.19.7 Any information contained in the Proposal shall not in any way be construed as binding on the
Municipal Corporation Gurugram, (Haryana) its agents, successors or assigns, but shall be
binding against the Applicant if the Transaction Advisory Services is subsequently awarded to
it.
2.19.8 Confidentiality Information relating to the examination, clarification, evaluation, and
recommendation for the selection of Applicants shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional adviser advising the
Municipal Corporation Gurugram, (Haryana) in relation to matters arising out of, or concerning
the Selection Process. The Municipal Corporation Gurugram, (Haryana) shall treat all
information, submitted as part of the Proposal, in confidence and shall require all those who
have access to such material to treat the same in confidence. The Municipal Corporation
Gurugram, (Haryana) may not divulge any such information unless it is directed to do so by
any statutory entity that has the power under law to require its disclosure or to enforce or
assert any right or privilege of the statutory entity and/or the Municipal Corporation
Gurugram, (Haryana) or as may be required by law or in connection with any legal process.

2.20 Clarifications from Applicants


2.20.1 To facilitate evaluation of Proposals, the Municipal Corporation Gurugram, (Haryana) may, at
its sole discretion, seek clarifications from any Applicant regarding its Proposal. Such
clarification(s) shall be provided within the time specified by the Municipal Corporation
Gurugram, (Haryana) for this purpose. Any request for clarification(s) and all clarification(s) in
response thereto shall be in writing.
2.20.2 If an Applicant does not provide clarifications sought under Clause 2.22 above within the
specified time, its Proposal shall be liable to be rejected. In case the Proposal is not rejected,
the Municipal Corporation Gurugram, (Haryana) may proceed to evaluate the Proposal by
construing the particulars requiring clarification to the best of its understanding, and the
Applicant shall be barred from subsequently questioning such interpretation of the Municipal
Corporation Gurugram, (Haryana).

2.21 Negotiations
2.21.1 The Selected Applicant may, if necessary, be invited for negotiations.

2.22 Substitution of Key Personnel


2.22.1 The Municipal Corporation Gurugram, (Haryana) will not normally consider any request of the
Selected Applicant for substitution of the Financial Expert as the ranking of the Applicant is
based on the evaluation of the Financial Expert and any change therein may upset the
ranking. Substitution will, however, be permitted in exceptional circumstances if the Financial
Expert is not available for reasons of any incapacity or due to health, subject to equally or
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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

better qualified and experienced personnel being provided to the satisfaction of the Municipal
Corporation Gurugram, (Haryana).
2.22.2 The Municipal Corporation Gurugram, (Haryana) expects the Key Personnel to be available
during implementation of the Agreement. The Corporation will not consider substitution of the
Key Personnel except for reasons of any incapacity or due to health. Such substitution shall
ordinarily be limited to one Key Personnel subject to equally or better qualified and
experienced personnel being provided to the satisfaction of the Municipal Corporation
Gurugram, (Haryana).

2.23 Indemnity
The Transaction Advisor shall, subject to the provisions of the Agreement, indemnify the
Municipal Corporation Gurugram, (Haryana) for an amount not exceeding the value of the
Agreement, for any direct loss or damage that is caused due to any deficiency in Services.

2.24 Award of Transaction Advisory Services


After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by the Municipal
Corporation Gurugram, (Haryana) to the Selected Applicant and the Selected Applicant shall,
within 7 (seven) days of the receipt of the LOA, sign and return the duplicate copy of the LOA
in acknowledgement thereof. In the event the duplicate copy of the LOA duly signed by the
Selected Applicant is not received by the stipulated date, the Municipal Corporation
Gurugram, (Haryana) may, unless it consents to extension of time for submission thereof,
cancel the LOA and the next highest ranking Applicant may be considered.

2.25 Execution of Agreement


After acknowledgement of the LOA as aforesaid by the Selected Applicant, it shall execute the
Agreement within the period prescribed in Clause 1.8. The Selected Applicant shall not be
entitled to seek any deviation in the Agreement.

2.26 Commencement of Assignment


The Transaction Advisor shall commence the Transaction Advisory Services within seven days
of the date of the Agreement, or such other date as may be mutually agreed. If the
Transaction Advisor fails to either sign the Agreement as specified in Clause 1.28 or commence
the assignment as specified herein, the Municipal Corporation Gurugram, (Haryana) may invite
the second ranked Applicant for negotiations. In such an event, the LOA or the Agreement, as
the case may be, may be cancelled /terminated.

2.27 Proprietary data


All documents and other information provided by the Municipal Corporation Gurugram,
(Haryana) or submitted by an Applicant to the Corporation shall remain or become the
property of the Municipal Corporation Gurugram, (Haryana) applicants and the Transaction
Advisor, as the case may be, are to treat all information as strictly confidential. The
Corporation will not return any Proposal or any information related thereto. All information
collected, analysed, processed or in whatever manner provided by the Transaction Advisor to
the Corporation in relation to the Transaction Advisory Services shall be the property of the
Municipal Corporation Gurugram, (Haryana).

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

3. EVALUATION PROCESS

3.1 Evaluation of Financial Proposal


3.1.1 In this stage, the financial evaluation will be carried out as per this Clause 3.2. Financial
Proposal of the bidders found eligible will be opened in front of representatives of bidders
who choose to attend and the Committee designated by the Municipal Corporation Gurugram,
(Haryana) for the purpose.

3.2 Combined and final evaluation


3.2.1 Proposals will finally be ranked according to their financial quotes (in ascending order).
3.2.2 The Selected Applicant shall be the first ranked Applicant (having the lowest financial quote).
The second ranked Applicant shall be kept in reserve and may be invited for negotiations in
case the first ranked Applicant withdraws, or fails to comply with the requirements specified
in Clauses 2.22, 2.26 and 2.27, as the case may be.

4. FRAUD AND CORRUPT PRACTICES

4.1 The Applicants and their respective officers, employees, agents and advisers shall observe the
highest standard of ethics during the Selection Process. Notwithstanding anything to the contrary
contained in this RFP, the Municipal Corporation Gurugram, (Haryana) shall reject a Proposal
without being liable in any manner whatsoever to the Applicant, if it determines that the
Applicant has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice (collectively the
“Prohibited Practices”) in the Selection Process. In such an event, the Corporation shall, without
prejudice to its any other rights or remedies, forfeit and appropriate the Performance Security, if
available, as mutually agreed genuine pre-estimated compensation and damages payable to the
Corporation for, inter alia, time, cost and effort of the Authority, in regard to the RFP, including
consideration and evaluation of such Applicant‟s Proposal.
4.2 Without prejudice to the rights of the Municipal Corporation Gurugram, (Haryana) under Clause 4.1
hereinabove and the rights and remedies which the Corporation may have under the LOA or the
Agreement, if an Applicant or Transaction Advisor, as the case may be, is found by the Municipal
Corporation, Gurugram (Haryana) to have directly or indirectly or through an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice during the Selection Process, or after the issue of the LOA or the execution of
the Agreement, such Applicant or Transaction Advisor shall not be eligible to participate in any
tender or RFP issued by the Municipal Corporation, Gurugram (Haryana) during a period of 2 (two)
years from the date such Applicant or Transaction Advisor, as the case may be, is found by the
Corporation to have directly or through an agent, engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practice, as the case
may be.
4.3 For the purposes of this Clause, the following terms shall have the meaning hereinafter
respectively assigned to them: (a) “corrupt practice” means (i) the offering, giving, receiving, or
soliciting, directly or indirectly, of anything of value to influence the action of any person
connected with the Selection Process (for avoidance of doubt, offering of employment to or
employing or engaging in any manner whatsoever, directly or indirectly, any official of the
Municipal Corporation, Gurugram (Haryana) who is or has been associated in any manner, directly
or indirectly with the Selection Process or the LOA or has dealt with matters concerning the
Agreement or arising there from, before or after the execution thereof, at any time prior to the
expiry of one year from the date such official resigns or retires from or otherwise ceases to be in
the service of the Authority, shall be deemed to constitute influencing the actions of a person

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

connected with the Selection Process; or (ii) save as provided herein, engaging in any manner
whatsoever, whether during the Selection Process or after the issue of the LOA or after the
execution of the Agreement, as the case may be, any person in respect of any matter relating to
the Project or the LOA or the Agreement, who at any time has been or is a legal, financial or
technical Transaction Advisor/ adviser of the Municipal Corporation, Gurugram (Haryana) in
relation to any matter concerning the Project; (b) “fraudulent practice” means a
misrepresentation or omission of facts or disclosure of incomplete facts, in order to influence the
Selection Process; (c) “coercive practice” means impairing or harming or threatening to impair or
harm, directly or indirectly, any persons or property to influence any person‟s participation or
action in the Selection Process; (d) “undesirable practice” means (i) establishing contact with any
person connected with or employed or engaged by the Municipal Corporation, Gurugram (Haryana)
with the objective of canvassing, lobbying or in any manner influencing or attempting to influence
the Selection Process; or (ii) having a Conflict of Interest; and (e) “restrictive practice” means
forming a cartel or arriving at any understanding or arrangement among Applicants with the
objective of restricting or manipulating a full and fair competition in the Selection Process.

5. PRE-PROPOSAL CONFERENCE
5.1 Pre-Proposal Conference of the Applicants shall be convened at the designated date, time and
place. Only those Applicants, who have downloaded the same from the
https://mcgurgaonharyanaeprocurement.gov.in, shall be allowed to participate in the Pre-
Proposal Conference. A maximum of two representatives of each Applicant shall be allowed to
participate on production of an authority letter from the Applicant.
5.2 During the course of Pre-Proposal Conference, the Applicants will be free to seek clarifications and
make suggestions for consideration of the Authority. The Municipal Corporation, Gurugram
(Haryana) shall endeavour to provide clarifications and such further information as it may, in its
sole discretion, consider appropriate for facilitating a fair, transparent and competitive Selection
Process.

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

6. SCOPE OF WORK

It is proposed to recruit a Transaction Advisor to develop an effective PPP Concession agreement


of the proposed project so as to provide overall handholding to the Municipal Corporation,
Gurugram (Haryana) in end to end execution of the assignment. If found technically feasible and
financially viable, the objective of this Transaction Advisory Services shall be to produce a
financially viable concession that would address the principal issues related to project risks and
adequate returns to the Concessionaire. Additionally, the Transaction Advisor shall also be
responsible for advising the Municipal Corporation, Gurugram (Haryana) to its suitability for
executing the project through a Self Financing mode based on the bankability of the Project.
However, if the Transaction Advisor after conducting the feasibility report is of the view that the
project is not feasible to be executed on PPP mode or a self-financing mode, it shall advise the
Municipal Corporation, Gurugram (Haryana) accordingly with suitable alternate implementation
framework proposed. For avoidance of doubt, it is clarified that if the project is not found to be
feasible, it shall be entirely at the discretion of the Municipal Corporation, Gurugram (Haryana) to
retain the services of the Transaction Advisor for the remaining part of the Transaction Advisory
Services.

6.1 Scope of Work of the Assignment

 Stage – I: Due Diligence & Kick Off


a) Kick off meeting and interaction with the Municipal Corporation, Gurugram (Haryana) so as
to understand their objectives for the Project, advising on the commercial and capital
structuring, especially with reference to Applicable Laws etc.
b) Understanding the project preparedness in terms of due diligence of land title based on
available documents, suitability of land use for the project and applicability of other bye
laws, provisions, etc and advising the authority suitably based on the information collected,
conduct stakeholder assessment through personal interviews etc and prepare report, which
should highlight any possible opposition/conflict, any expectation from any of the
stakeholders.
c) Presentation of case studies on similar projects being implemented elsewhere in the
country identifying the key issues, challenges faced and advise on the regulatory support
for implementation of the project
d) Study of the Master Plan provisions, suitability of the existing rights and title of the
Municipal Corporation, Gurugram(Haryana) for the proposed development
e) To carry out necessary surveys / studies for carrying out Feasibility study for development
of Multi Level Car Park.

 Stage - II – Preparation of Feasibility Report


a) Site evaluation and appreciation.
b) Traffic survey and validating the ECS (if required) as per the traffic scenario in and around
the proposed site
c) Technology specification including number of ECS, area per ECS, dimensions of the parking
bay/ slot, average dimension of the car, number of underground levels, floor plans for each
level, maximum depth of the construction, maximum height of the total parking structure,
maximum clear height of each basement, maximum and average retrieval time of a vehicle
in the parking structure, number of entry and exit bays, number of car lifts, details and
specifications of as per the technology.

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

d) Concept plan, designs, drawings and layouts for the multilevel car parking showing salient
features such as alignment, overall length, width showing arrangement of vehicles cross
section, deck level etc. and to amalgamate the same by creating necessary provisions for
commercial assessment so as to meet the suitability of the product mix for execution on
PPP mode
e) Suggest suitable technologies to meet specifications desired by the and agreed upon by its
consultants
f) Recommend phasing of the facility in response to the pace of future development
g) Estimate time to construct recommended facility
h) Specifications and block cost estimates for the project and estimated cost per ECS as per
the proposed technology
i) Estimate for annual maintenance costs for the parking facility
j) Provide a strategy for operating guidelines, parking revenue and enforcement of a parking
structure
k) Recommend appropriate management/staffing and pricing strategies for parking structure.
l) Recommend the appropriate structure for development of project
m) Presenting the case studies on similar projects being implemented elsewhere in the country
identifying the key issues, challenges faced and advise on the regulatory support for
implementation of the project
n) Review the development guidelines for the Project including: Specific facilities to be
developed including parking, open/green space, commercial area, etc and assess the
necessary Construction standards as per the governing bye laws, Master Plan provisions etc
o) Review and Carry out additional market assessment to frame up and present to the
Municipal Corporation, Gurugram (Haryana) the modality for implementation including
activities such as
o Demand Assessment & Segmentation
o Project components, sizing and support infrastructure
o Common utilities and facilities required
o Determining Project Phasing
o Project cost estimate and financial projections
p) Conduct a thorough financial analysis and viability assessment of the project through
activities such as preparation of financial model based on the results of the market surveys,
designs prepared by its technical team and private sector inputs.
The financial analysis could cover the following but not limited to the following points in
detail:
o Assessment of the financial viability of the project based on detailed cash flow
projections, including scope for cross subsidization, scope for economies of scale,
detailed cost analysis
o Detailed cash flow projections for the project
o Financial structuring
o Financial analysis – return on investment, DSCR etc.
o Cost-Benefit analysis for the Municipal Corporation, Gurugram (Haryana) as well as
the Private Investor
o Assessment of project sustainability
o VfM Analysis
q) The financial model will be finalized with suitable revised assumptions, a base case,
sensitivities, and outputs (projected project financial statements - balance sheet, cash
flow, income statement, key ratio analysis); key assumptions should be tested against key
outputs such as Internal Rate of Return (IRR), Debt Service Coverage Ratio (DSCR), Net
Present Value of the Project and other ratios.

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

r) Finalization of Project Structure: In the light of the revised financial model and the
qualitative and quantitative input received from the market surveys, a final project
structure will be presented highlighting the commercial benefits and legal obligations of
the Authority
s) Examining various commercial and legal options, for project structuring to recommend a
suitable PPP modality and suitable implementation structure such as concession /
management contract / Development Agreement, Joint Venture, etc; based on the existing
PPP policy of the state, regulatory framework of the Municipal Corporation, Gurugram
(Haryana) and the state in general.
t) Based on the feasibility study, and agreed Project Implementation Structure, a separate
marketing document on the lines of a Project Information Memorandum (PIM) shall be
prepared for taking views from the real estate sector representatives, stakeholders and
anchors for early buy-in the project. The objective of the PIM would be to provide
comprehensive information on the Project to facilitate comprehensive evaluation of the
business opportunity that the project presents. This would also help the developers in
syndication of finances. It would cover all the aspects that have been analyzed thus far and
will be presented in a summarized form.
u) Conducting demand assessment studies, willingness to pay surveys, and arrive at a suitable
fare structure that is compatible for the users and the Developer considering overall risk
framework and long term sustainability of the project.
v) Arrive at a OPEX plan to ensure smooth and seamless functioning of the car parking system

 Stage – (HQ): Approvals and Sanctions


a) Governing the PPP policy and framework of the state, the Transaction Advisor shall also
actively assist the Municipal Corporation, Gurugram (Haryana) in seeking approvals on
various project documents and project agreements like the feasibility report, RFQ, RFP &
Contract Agreement from various government bodies.
b) Funding support required from government, if appropriate, should also be estimated. The
amount and nature of funding support available from following sources should also be
explored: a. Central VGF Scheme b. State VGF Scheme c. Grant from Government /
Companies / other organisations. The terms and conditions for availing financial support
should be clearly identified and listed out in the report.
 Stage – IV: Bid Process Management
a) Preparation of bid documents (Request for Proposal, Draft Concession Agreement)
b) Determining the pre-qualification, technical and financial evaluation criteria o Drafting
Concession Agreement
c) Assisting the Municipal Corporation, Gurugram (Haryana) in conducting Pre-Bid Meeting
d) Assisting the Municipal Corporation, Gurugram (Haryana) in evaluation of Bids
e) Assisting the Municipal Corporation, Gurugram (Haryana) in evaluating the report submitted
by the Developer
f) Assisting the Municipal Corporation, Gurugram (Haryana) in signing of the Concession
Agreement

6.2 Responsibilities of the Transaction Advisor


6.2.1 The Transaction Advisor will be required to provide required qualified personnel including
experts in the relevant sector, public-private partnerships, investment promotion, project
preparation and appraisal, policy and legal issues. The Transaction Advisor will be required to
establish a local presence if none is in place currently.

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

6.2.2 All the prospective members of the team of the Transaction Advisor shall have sufficient
qualified personnel, sub-Consultants, and resources to accomplish all the services described
herein within the prescribed time. The Transaction Advisor should be capable of furnishing all
necessary professional, technical, and expert services as required to complete all the
elements of Transaction Advisory Services assignment described below in the Scope of Work.
6.2.3 Municipal Corporation, Gurugram (Haryana) is seeking Transaction Advisor, which can bring
together a team of professionals and sub-professionals capable of completing all aspects of
the Transaction Advisory Services assignment. This will require a high degree of management
and technical expertise and experience directly related to structuring of Public-Private
Partnership for similar projects.

7. MISCELLANEOUS

7.1 General Provisions


7.1.1 The Selection Process shall be governed by, and construed in accordance with, the laws of
India and the Courts in the State shall have exclusive jurisdiction over all disputes arising
under, pursuant to and/or in connection with the Selection Process.
7.1.2 The Authority, in its sole discretion and without incurring any obligation or liability, reserves
the right, at any time, to: (a) suspend and/or cancel the Selection Process and/or amend
and/or supplement the Selection Process or modify the dates or other terms and conditions
relating thereto; (b) consult with any Applicant in order to receive clarification or further
information; (c) retain any information and/or evidence submitted to the Municipal
Corporation, Gurugram (Haryana) by, on behalf of and/or in relation to any Applicant; and/or
(d) independently verify, disqualify, reject and/or accept any and all submissions or other
information and/or evidence submitted by or on behalf of any Applicant.
7.1.3 It shall be deemed that by submitting the Proposal, the Applicant agrees and releases the
Authority, its employees, agents and advisers, irrevocably, unconditionally, fully and finally
from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way
related to or arising from the exercise of any rights and/or performance of any obligations
hereunder, pursuant hereto and/or in connection herewith and waives any and all rights
and/or claims it may have in this respect, whether actual or contingent, whether present or
future.
7.1.4 All documents and other information supplied by the Municipal Corporation, Gurugram
(Haryana) or submitted by an Applicant shall remain or become, as the case may be, the
property of the Corporation. The Municipal Corporation, Gurugram (Haryana) will not returns
any submissions made hereunder. Applicants are required to treat all such documents and
information as strictly confidential.
7.1.5 The Municipal Corporation, Gurugram (Haryana) reserves the right to make inquiries with any
of the clients listed by the Applicants in their previous experience record.

7.2 Payment Milestones & Project Timelines


The project duration is estimated by Municipal Corporation, Gurugram (Haryana) as 5 months.

Indicative Timelines in Weeks %age of


Stages Particulars & Deliverables (starting from Agreement Contract
Date) T=0 Value
Stage I Submission of Inception Report T+2 15%
4 weeks from Approval of
Stage II Submission of Feasibility Report 20%
Inception Report by the

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

Corporation or T+6, whichever


is lesser
Approval of Feasibility Report by
- 10%
Authority
4 Weeks after approval of
Upon submission of draft bidding Feasibility Report by the
20%
documents Corporation or T+10,
Stage (HQ)
whichever is lesser
Upon Finalization of bidding
- 10%
documents and invitation of bids
Upon Evaluation of bids and
Within 7 days from receipt of
Stage IV submission of bid evaluation 10%
bids
report
After Signing of Concession Upon approval from concerned
Stage IV 15%
Agreement Authority
Notes:
1. The above quoted fee shall include all expenses such as legal fees and out of pocket expenses,
etc. to be incurred by the Transaction Advisor to complete the assignment.
2. Taxes as applicable, shall be indicated by the Transaction Advisor on total fee separately.
3. In case Municipal Corporation, Gurugram (Haryana) decides to abandon the project for any
reason, the payment of the Transaction Advisor shall be restricted upto the Stage the services
have actually been provided by the Transaction Advisor.

7.3 Working Conduct


The Transaction Advisor will work in close association with the Municipal Corporation,
Gurugram (Haryana) which is the implementing agency to take this work forward. Close
collaboration will be required with other Transaction Advisors and implementing partners
working on other components in the project, especially Development of Infrastructure on PPP
basis and Investment promotion.

7.4 Other Terms and Conditions


7.4.1 The Applicant(s) shall bear all costs associated with the preparation and submission of its
proposal
7.4.2 All documents submitted by the Applicant(s) will be treated as confidential, and will not be
returned to Applicant(s).
7.4.3 Municipal Corporation, Gurugram (Haryana) reserves the right to accept or reject any or all
applications, without thereby incurring any liability to the affected Applicant(s) or any
obligation to inform the Applicant(s). Municipal Corporation, Gurugram (Haryana) also
reserves the right not to award or enter into any contract or agreement with any Applicant(s),
and may terminate the procurement process at any time without thereby incurring any
liability to any Applicant.
7.4.4 Failure by any Applicant(s) to provide all of the information required in the proposal or any
additional information requested by Municipal Corporation, Gurugram (Haryana) may lead to
rejection of the Applicant‟s proposal in its entirety.
7.4.5 Wherever required by applicable laws, Municipal Corporation, Gurugram (Haryana) shall
deduct taxes at source, from the amounts payable, and shall provide to the Transaction
Advisor the appropriate tax deduction certificate evidencing payment of such taxes.
7.4.6 The Transaction Advisor shall submit to Municipal Corporation, Gurugram (Haryana) two (2)
copies of the final output envisaged in the Scope of Services including the RFP and the

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

Concession Agreement. All the reports and agreements shall be submitted on CDs (2 sets)
containing all basic as well as processed data.
7.4.7 In case of difference in Original and copy of submission the Original shall prevail.

8. CONTENTS OF THE PROPOSAL

Once submitted, the proposal, including the composition of the consulting team, cannot be altered
without prior written consent of Authority. The proposal should be submitted in two sets one original
and one copy in the prescribed formats as under:

Financial Proposal (To be submitted online)


FORM FIN-1: FINANCIAL PROPOSAL SUBMISSION LETTER with Power Of Attorney
FORM FIN-2: FORMAT FOR FINANCIAL PROPOSAL
FORM FIN-3: TRANSACTION ADVISOR‟S ORGANIZATION AND EXPERIENCE
FORM FIN-4: COMMENTS AND SUGGESTIONS ON THE TOR
FORM FIN-5: DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN
FORM FIN-6: TEAM COMPOSITION AND TASK ASSIGNMENT/JOBS
FORM FIN-7: INFORMATION REGARDING ANY CONFLICTING ACTIVITIES
FORM FIN-8: POWER OF ATTORNEY

Standard Format for submission of the Proposal are enclosed with this RFP

Brief description of the submission of the proposal is given as under:

8.1 Transmittal Letter and Title Page


Include a transmittal letter containing a brief statement of the respondent‟s understanding of the
work to be done and an indication of positive interest in performing this work for Authority.

8.2 Table of Contents

Include a Table of Contents listing the various sections included in the proposal.

8.3 Summary of Pre-Qualification


Each Transaction Advisor shall summarize its eligibility as per the pre-qualification criteria specified
in Clause 2.2 of this RFP.

8.4 Proposal Contents


Each Transaction Advisor must include in the proposal an Executive Summary that summarizes
important features of the proposal, brief description of the Transaction Advisor‟s approach to the
scope of work, a description of the project team, and a description of how the proposed team meets
the requirement set forth in this RFP. The Executive Summary should not be more than 4 pages.

8.5 Team Identification and Organizational Chart

Identify your firm and each key professional by name, primary representative and title, address of
offices, telephone and fax numbers and email address. Indicate the business structure of your firm
(i.e., whether your firm is a corporation, joint venture, partnership, or sole proprietor). Indicate the
name(s) of the owner(s) of your firm.

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

8.6 Services and Work Plan

The proposal should include a work plan describing the services, approach and methodology
proposed for accomplishing the scope of work. The proposed phasing of the project should be
discussed. The proposal should be sufficient in detail to allow an objective analysis of the firm‟s
capabilities and envisioned work plan in comparison with competing firms. Discuss the roles and
responsibilities of the project team. In absence of the Service and Work Plan not accompanying the
proposal, it shall be entirely at the discretion of the Municipal Corporation, Gurugram (Haryana) to
consider the Proposal as nonresponsive.

8.7 Qualifications and Experience

The proposal must supply information concerning the qualifications and experience of the proposed
project team for this assignment.

8.8 Power of Attorney


An authorized person of the firm shall sign the proposal, on behalf of the firm. The Power of
Attorney of the authorized person should be on stamp paper duly notarized or Board resolution
should be submitted along with the proposal. All necessary forms and statements for the various
miscellaneous provisions explained in this document must be completed, properly signed, and
submitted with the proposal.

8.9 Undertaking regarding Conflict of Interest


Transaction Advisor must submit an undertaking clearly indicating that they or their associates will
not participate directly or indirectly in submitting bid on behalf of the Private Entrepreneur so that
there will not be any conflict of interest.

8.10 Proposal Validity Period


Proposal Validity Period must be minimum 120 days from the Proposal Due Date.

8.11 LAST DATE FOR SUBMISSION OF PROPOSAL


Last Date for Submission of Proposal shall be as per the Schedule of Bidding Process or any extension
thereof.

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

Financial Proposal - Standard Forms

Appendix – 2

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

FORM FIN-1 (FINANCIAL PROPOSAL SUBMISSION FORM)


(To be Submitted Online)

[Location, Date]

To,
Commissioner
Municipal Corporation, Gurugram (Haryana)
Plot No. C-I, Tower-B,
2nd Floor, Info City-I,
Sector-34, Gurugram - 122004 (Haryana)

Dear Sir,

We, the undersigned, offer to provide the consulting Assignment/job for Transaction Advisor for
Development of Car Parking cum Commercial Complex on PPP mode in accordance with your
Request for Proposal dated [Insert Date] and our Technical Proposal. Our attached Financial Proposal
is for the sum of [Insert amount(s) in words and figures].

This amount is inclusive of the Domestic taxes excluding service tax. We hereby confirm that the
financial proposal is unconditional and we acknowledge that any condition attached to financial
proposal shall result in rejection of our financial proposal.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract
negotiations, up to expiration of the validity period of the Proposal.

We understand you are not bound to accept any Proposal you receive.
We remain,

Yours sincerely,

Authorized Signature [In full and initials]:


Name and Title of Signatory:
Name of Firm:
Address:

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

FORM FIN-2(FORMAT FOR FINANCIAL PROPOSAL)

(To be submitted Online)

Project / Name Total fee


1. Transaction Advisory Services for [Indicate total fee]
Development of Multi Level Car Parking at
Kaman Sarai, Gurugram( Haryana).

2. Local taxes, if any (As per Govt. Norms) [_________]


3. Total amount quoted in Form Fin-I [_________]
4. Service Tax (As per Govt. Norms) [_________]
5. Grand Total [_________]
[ ] to be filled in by the Applicant

Authorized Signature:………….....
Name: ……………………………..
Designation ……………………….
Name of firm:………………………
Address:……………………………

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

FORM FIN-3(TRANSACTION ADVISOR’S ORGANIZATION AND EXPERIENCE)

A - Transaction Advisor’s Organization

[Provide here a brief description of the background and organization of your firm/entity and each
associate for this Assignment/job. The brief description should include ownership details, date and
place of incorporation of the firm, objectives of the firm etc.]

B – Financial Capacity
(Provide the certified copy on information related to turnover of the Applicant firm, as required in
Clause 2.2.2]

C - Transaction Advisor’s Experience

[Using the format below, provide information on each Assignment/job for which your firm, was
legally contracted either individually as a corporate entity or as one of the major partners within an
association, for carrying out consulting Assignment / job similar to the ones requested under this
Assignment/job (If possible, the employer shall specify exact assignment / job for which experience
details may be submitted).]

1. Firm‟s name:

1 Assignment/job name:

1.1 Description of Project

1.2 Approx. value of the contract (in Rupees):

1.3 Country:

1.4 Location within country:

1.5 Duration of Assignment/job (months) :

1.6 Name of Employer:

1.7 Address:

1.8 Total No of staff-months of the Assignment/job:

1.9 Approx. value of the Assignment/job provided by your firm under the
contract (in Rupees):

1.10 Start date (month/year):

1.11 Completion date (month/year):

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

1.12 Name of associated Transaction Advisors, if any:

1.13 No. of professional staff-months provided by associated Transaction


Advisors:

1.14 Name of senior professional staff of your firm involved and functions
performed.

1.15 Description of actual Assignment/job provided by your staff within


the Assignment/job:

Note: Please provide documentary evidence from the client i.e.,


copy of work order, contract for each of above-mentioned
assignment. The experience shall not be considered for evaluation if
such requisite support documents are not provided with the proposal.

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

FORM FIN-4 (COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE AND ON COUNTERPART
STAFF AND FACILITIES TO BE PROVIDED BY THE EMPLOYER)

A - On the Terms of Reference

[Suggest and justify here any modifications or improvement to the Terms of Reference you are
proposing to improve performance in carrying out the Assignment/job (such as deleting some
activity you consider unnecessary, or adding another, or proposing a different phasing of the
activities). Such suggestions should be concise and to the point, and incorporated in your Proposal.]

B - On Inputs and Facilities to be provided by the employer

[Comment here on Inputs and facilities to be provided by the Employer to Transaction Advisors
including: administrative support, office space, Domestic transportation, equipment, data, etc.]

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

FORM FIN-5(DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR PERFORMING THE
ASSIGNMENT/JOB)

Technical approach, methodology and work plan are key components of the Technical Proposal.

You are suggested to present your Technical Proposal divided into the following three chapters:

a) Technical Approach and Methodology,

b) Work Plan, and

c) Organization and Staffing,

a) Technical Approach and Methodology. In this chapter you should explain your understanding of the
objectives of the Assignment/job, approach to the Assignment/job, methodology for carrying out
the activities and obtaining the expected output, and the degree of detail of such output. You
should highlight the problems being addressed and their importance, and explain the technical
approach you would adopt to address them. You should also explain the methodologies you propose
to adopt and highlight the compatibility of those methodologies with the proposed approach.

b) Work Plan. The Transaction Advisor should propose and justify the main activities of the
Assignment/job, their content and duration, phasing and interrelations, milestones (including
interim approvals by the Employer), and delivery dates of the reports. The proposed work plan
should be consistent with the technical approach and methodology, showing understanding of the
TOR and ability to translate them into a feasible working plan. A list of the final documents,
including reports, drawings, and tables to be delivered as final output, should be included here.

c) Organization and Staffing. The Transaction Advisor should propose and justify the structure and
composition of your team. You should list the main disciplines of the Assignment/job, the key expert
responsible, and proposed technical and support staff.]

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

FORM FIN-6(TEAM COMPOSITION AND TASK ASSIGNMENT/JOBS)

Professional Staff
Area of Position / Task
Sr. No. Name of Staff Name of Firm Expertise assigned for
this job

FORM FIN-7(INFORMATION REGARDING ANY CONFLICTING ACTIVITIES AND DECLARATION THEREOF)

We hereby declare that our firm, our associate / group firm are not indulged in any such activities
which can be termed as the conflicting activities. We also acknowledge that in case of
misrepresentation of the information, our proposals / contract shall be rejected / terminated by the
Employer which shall be binding on us.

Authorized Signature [In full and initials]:


Name and Title of Signatory:
Name of Firm:
Address:

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RFP for Selection of Transaction Advisor for Development of Multi-Level Car Parking at Kaman Sarai, Gurugram, Haryana.

FORM FIN-8(POWER OF ATTORNEY)


Know all men by these presents, We, ......................................... (name of Firm and address of
the registered office) do hereby constitute, nominate, appoint and authorise Mr /
Ms........................................ son/daughter/ wife and presently residing at
........................................, who is presently employed with / retained by us and holding the
position of .................... as our true and lawful attorney (hereinafter referred to as the
“Authorised Representative”) to do in our name and on our behalf, all such acts, deeds and things as
are necessary or required in connection with or incidental to submission of our Proposal for and
selection as the Transaction Advisory Services for the Project of Development of Multi Level Car
Parking at Kaman Sarai, Gurugram(Haryana) (the “Project”, proposed to be developed by the
Municipal Corporation, Gurugram (Haryana) including but not limited to signing and submission of all
applications, proposals and other documents and writings, participating in pre-bid and other
conferences and providing information/ responses to the Municipal Corporation, Gurugram (Haryana)
representing us in all matters before the Municipal Corporation, Gurugram (Haryana) signing and
execution of all contracts and undertakings consequent to acceptance of our proposal and generally
dealing with the Municipal Corporation, Gurugram (Haryana) in all matters in connection with or
relating to or arising out of our Proposal for the said Project and/or upon award thereof to us till the
entering into of the Agreement with the Authority. AND, we do hereby agree to ratify and confirm
all acts, deeds and things lawfully done or caused to be done by our said Authorised Representative
pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts,
deeds and things done by our said Authorised Representative in exercise of the powers hereby
conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, ................................................. THE ABOVE NAMED PRINCIPAL


HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ........................................ DAY OF
...................., 20......
For ......................................................
(Signature, name, designation and address)

Accepted ........................................
(Signature, name, designation and address of the Attorney)

Notes:
 The mode of execution of the Power of Attorney should be in accordance with the procedure,
if any, laid down by the applicable law and the charter documents of the executants(s) and
when it is so required the same should be under common seal affixed in accordance with the
required procedure.
 Wherever required, the Applicant should submit for verification the extract of the charter
documents and other documents such as a resolution/power of attorney in favour of the
person executing this Power of Attorney for the delegation of power hereunder on behalf of
the Applicant.
 For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney
is being issued. However, the Power of Attorney provided by Applicants from countries that
have signed The Hague Legislation Convention, 1961 are not required to be legalised by the
Indian Embassy if it carries a conforming Apostille certificate.

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