Gangtok Smart City Development Limited

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Gangtok Smart City Development Limited Corrigendum No. 01 to Tender No. 7/GSCDL/TENDER/RFP/MLCP-PPP/2018 Name of the Work Implementation of Multi-Level Car Parking cum Commercial Development at Old West Point School Area near M.G. Marg, Gangtok East Sikkim on Design, Build, Finance, Operate and Transfer (DBFOT) basis Number and Date of Issuance of RFP / Tender Tender No. 7/GSCDL/TENDER/RFP/MLCP-PPP/2018 Document Date of issuance: 09/01/2019 Date of Issuance of this Corrigendum 01 February 01, 2019 This Corrigendum is being issued in continuation with an issuance of RFP Document vide Tender Notice No: 7/GSCDL/TENDER/RFP/MLCP-PPP/2018 dated 09/01/2019. The amendments to the issued RFP Document are as below: S.No RFP Section/ Clause 1 Section 1 Point No. 3 2 Section 1 Point No. 4 3 Section 1 Point No. 4 4 Section 1 Point No. 10 RFP Provision Service Area, in sqmtr - About 4,604 Sqmtr. Area Requirement - Total Area available for Development: approx. 9,200 Sqmtr + Parking Area Bid Security - Rs 3.50 Crore (Rupees three crore and fifty lakh only) Development Period Performance Security - Rs 7.50 Crore (Rupees seven crore and fifty lakh only) As Amended Service Area, in sqmtr - About 5,707 Sqmtr. The revise Project Site map has been enclosed as Annexure-I to this Corrigendum. Area Requirement - Total Area available for Development: approx. 11,416 Sqmtr + Parking Area Bid Security - Rs 4.425 Crore (Rupees four crore forty two lakh and fifty thousand only) Development Period Performance Security - Rs 9.00 Crore (Rupees nine crore only) Page 1 of 11

S.No RFP Section/ Clause RFP Provision 5 Section 1 Point Operations Period Performance Security - Rs 2.50 Crore No. 11 (Rupees two crore and fifty lakh only) 6 Clause 2.1.4 The cost of the Project is estimated at about Rs 140 Crore (the Estimated Project Cost ) 7 Clause 2.1.7 The service area, which is estimated at around 4,604 sqmtrs (the Service Area ) at Old West Point School Area, near M.G. Marg, Gangtok - Sikkim 8 Clause 2.2.9 The Financial Proposal has been invited for the Project on the basis of the lowest Concession Period required for the Concessionaire (the Concession Period ). The Concession Period quoted by the Bidder (the Financial Proposal ) shall constitute the sole criteria for evaluation of Financial Proposal of the Qualified Bidders. The Bidder quoting the lowest Concession Period requirement (the Lowest Bidder ), will be the preferred Bidder (the Preferred Bidder ) for the Project. 9 Clause 3.4.2 Experience of at least one multi-level car parking or experience of one civil construction project of having total project cost above Rs 75 Crore (Rupees seventy five crore) OR experience of atleast two civil construction projects having total project cost above Rs 40 Crore (Rupees fourty crore) each OR experience of civil construction of three project cost above Rs 25 Crore (Rupees twenty five crore) each AND Successfully commissioned at least one residential / commercial / industrial real estate project, having total development area above 2,500 Sqmtr. As Amended Operations Period Performance Security - Rs 3.00 Crore (Rupees three crore only) The cost of the Project is estimated at about Rs 177 Crore (the Estimated Project Cost ) The service area, which is estimated at around 5,707 sqmtrs (the Service Area ) at Old West Point School Area, near M.G. Marg, Gangtok - Sikkim The Financial Proposal has been invited for the Project on the basis of the lowest Concession Period required for the Concessionaire (the Concession Period ). The Concession Period quoted by the Bidder (the Financial Proposal ) shall constitute one of the criteria along with Technical Score for evaluation of Proposal of the Qualified Bidders. The Bidder securing the highest weighted average of Technical and Financial Score (the Lowest Bidder ), will be the preferred Bidder (the Preferred Bidder ) for the Project. Experience of at least one multi-level car parking or experience of one civil construction project of having total project cost above Rs 75 Crore (Rupees seventy five crore) OR experience of at least two multi-level car parking or two civil construction projects having total project cost above Rs 40 Crore (Rupees fourty crore) each OR experience of three multi-level car parking or three civil construction of three project cost above Rs 25 Crore (Rupees twenty five crore) each AND Successfully commissioned at least one residential/commercial /industrial real estate project, having total development area above 2,500 Sqmtr. Page 2 of 11

S.No RFP Section/ Clause 10 Clause 3.23.1 Point 1 RFP Provision Sub Parameter Successfully commissioned at least one multilevel car parking or similar project having total project cost above Rs 75 Crore (Rupees seventy five crore) OR Successfully commissioned at least two multi-level car parking or similar projects having total project cost above Rs 40 Crore (Rupees forty crore) OR Successfully commissioned at least three multi-level car parking or similar projects having total project cost above Rs 25 Crore (Rupees twenty five crore) Successfully commissioned at least one multilevel car parking or similar project having total project cost above Rs 100 Crore (Rupees one hundred crore) OR Successfully commissioned at least two multi-level car parking or similar projects having total project cost above Rs 50 Crore (Rupees fifty crore) OR Successfully commissioned at least three multi-level car parking or similar projects having total project cost above Rs 35 Crore (Rupees thirty five crore) Successfully commissioned at least one residential/ commercial /industrial real estate project, having total development area above 2,500 Sqmtr. Successfully commissioned at least one residential/ commercial /industrial real estate project, having total development area above 4,000 Sqmtr. Score 6 9 6 9 As Amended Sub Parameter Experience of at least one multi-level car parking or experience of one civil construction project of having total project cost above Rs 75 Crore (Rupees seventy five crore) OR experience of at least two multi-level car parking or two civil construction projects having total project cost above Rs 40 Crore (Rupees fourty crore) each OR experience of three multi-level car parking or three civil construction of three project cost above Rs 25 Crore (Rupees twenty five crore) each Successfully commissioned at least one multi-level car parking or experience of one civil construction having total project cost above Rs 100 Crore (Rupees one hundred crore) OR Successfully commissioned at least two multi-level car parking or two civil construction projects having total project cost above Rs 50 Crore (Rupees fifty crore) OR Successfully commissioned at least three multilevel car parking or three civil construction projects having total project cost above Rs 35 Crore (Rupees thirty five crore) Successfully commissioned at least one residential/ commercial /industrial real estate project, having total development area above 2,500 Sqm. Successfully commissioned at least one residential/ commercial /industrial real estate project, having total development area above 4,000 Sqm. Score 10 15 10 15 Page 3 of 11

S.No RFP Section/ Clause RFP Provision As Amended 11 Clause 3.23.1 Point 2 Sub Parameter Score Net Worth of Rs 35 Crore (Rupees thirty five crore) at the close of the last financial year, 10 preceding Bid Due Date Net Worth of Rs 50 Crore (Rupees fifty crore) at the close of the last financial year, 20 preceding Bid Due Date Average Net Cash Accrual of Rs 15 Crore (Rupees fifteen crore) over the three 10 preceding financial years Average Net Cash Accrual of Rs 20 Crore (Rupees twenty crore) over the three preceding financial years 20 Sub Parameter Net Worth of Rs 35 Crore (Rupees thirty five crore) to less than 50 crore at the close of the last financial year, preceding Bid Due Date Net Worth of Rs 50 Crore (Rupees fifty crore )or more at the close of the last financial year, preceding Bid Due Date Average Net Cash Accrual of Rs 15 Crore (Rupees fifteen crore) to less than 20 crore over the three preceding financial years Average Net Cash Accrual of Rs 20 Crore (Rupees twenty crore) or more over the three preceding financial years Score 10 15 10 15 12 Section 1 Point No. 8 Allowed Maximum 6 Members Mandatory equity contribution Minimum 3 Consortium Members Optional equity contribution remaining Consortium Members 13 Clause 3.2.3 The Bidder or any of the Consortium Member, participated in the Bidding Process, but not selected as the Lowest Bidder or Selected Bidder or Concessionaire, as the case may be, shall not be allowed to hold an equity stake in the Concessionaire, before completion of the two years of the Operations Period. A maximum of 6 members are allowed to form a consortium The Bidder or any of the Consortium Member, participated in the Bidding Process, but not selected as the Lowest Bidder or Selected Bidder or Concessionaire, as the case may be, shall not be allowed to be a part in the Concessionaire, before completion of the two years of the Operations Period. Page 4 of 11

S.No RFP Section/ Clause 14 Clause 3.4.3 Point c RFP Provision Audited annual reports of the Bidder for the last 5 (five) financial years preceding Bid Due Date. 15 Clause 3.4.4 In case the annual accounts for the latest financial year, preceding Bid Due Date, are not audited and therefore the Bidder cannot make it available, the Bidder shall give an Undertaking to this effect and the statutory auditor shall certify the same. In such a case, the Bidder shall provide the audited annual reports for 5 (five) financial years preceding the financial year, for which the audited annual report is not being provided. 16 Clause 3.24.2 In the event that two or more Bidders quote the same Financial Proposal, and in turn becomes the Lowest Bidder (the Tie Bidders ), the Authority shall identify the Preferred Bidder by draw of lots, which shall be conducted, with prior notice, in the presence of the Tie Bidders, who choose to attend. As Amended Audited annual reports of the Bidder, for the last 3 (three) financial years preceding Bid Due Date. In case the annual accounts for the latest financial year, preceding Bid Due Date, are not audited and therefore the Bidder cannot make it available, the Bidder shall give an Undertaking to this effect and the statutory auditor shall certify the same. In such a case, the Bidder shall provide the audited annual reports for 3 (three) financial years preceding the financial year, for which the audited annual report is not being provided. In the event that two or more Bidders get Same Score in the Overall (Technical plus Financial) scoring system the Authority shall identify the Preferred Bidder by draw of lots which shall be conducted in presence of the bidders having same score with a prior notice. Chief Executive Officer Gangtok Smart City Development Limited Gangtok, Sikkim Page 5 of 11

Revised Project Site sd/- Chief Executive Officer Gangtok Smart City Development Limited Page 6 of 11

Gangtok, Sikkim Gangtok Smart City Development Limited Implementation of Multi-Level Car Parking cum Commercial Development at Old West Point School Area near M.G. Marg, Gangtok East Sikkim on Design, Build, Finance, Operate and Transfer (DBFOT) basis Reply to Bidders Pre-Bid Meeting Queries February 01, 2019 Page 7 of 11

Sr. No Bidder s Query / Comment Authority s Response Bidder Number 1 1 If the Authority will extend hand of cooperation to solve various construction related problems, if so, during practical execution of work? The Authority will assist and provide reasonable support to the Concessionaire during the Concession Period. However, the primary responsibility of implementation of the Project, including obtaining necessary approvals from authority 2 If the agency is permitted to carry out work during day time? If so, whether the Authority will assist the agency to deal with related problem in order to carry out the work during day time? 3 In what way the Authority will provide the agency for storing place? 4 What way the 20% construction grant will be remitted to the Concessionaire? 5 In case of Consortium whose turnover report and credential are to be provided? The Lead Member and / or all members and / or the consortium? 6 If any prior permission from any competent authority is required before starting the work? If so, how the Authority will assist the agency? Bidder Number 2 7 Can Concessionaire demand for extended period of concession (beyond 30 years) while quoting? 8 At present lots of activities are been performed at the proposed site. Is there any specific planning to relocate those activities permanently at a different place? Brief required. concerned shall be with the Concessionaire. Refer reply provided in Row Number 01. The Concessionaire will have to make his own arrangements for construction material storing space. Project Grant during the Concessionaire Period shall be paid in accordance to article in concessionaire agreement. The Grant shall be paid by the authority in instalments on achievement of milestone stipulated in the agreement by depositing the same in the Escrow Account. The amount would be released to the Concessionaire from the Escrow account. It may be noted that: 1. Any one Consortium Member may provide Financial Capacity in accordance with Clause 3.4.2 (B); and 2. Any one or more Consortium Members may provide Technical Capacity in accordance with Clause 3.4.2 (A) Refer reply provided in Row Number 01. No. The Authority shall hand over possession of the Project Site, free of any Encumbrance and/or encroachment, to the Concessionaire during Preparatory Period or on fulfilment of the Concessionaire s Conditions Precedent, whichever is Page 8 of 11

Sr. No Bidder s Query / Comment Authority s Response earlier. 9 Whether the authority will provide first point electricity and water to concessionaire? Yes. However, it shall be responsibility of the Concessionaire to maintain and pay applicable user charges for such 10 As per document all statutory clearances to be obtained from various departments by the Concessionaire but it would have been easier to get clearances by the authority. Bidder Number 3 11 Whether parking charges will be decided by the Concessionaire or regulated by the authority? 12 Will the authority arrange ground for dumping debris of the demolished structure within the reasonable distance or Concessionaire to arrange for dumping ground? 13 Whether detailed cost estimate prepared for the project (140 Crores) be made available to the concessionaire? 14 Please explain why lowest concession period is the only criteria kept for evaluation of financial proposal? Bidder Number 4 15 We understand that 30 years of concession period starts from the date of completion of project. 16 How the site to be handed over to the concessionaire by the authority? What will be the time frame? 17 Whether the authority will provide first point electricity and water to the concessionaire. 18 Stability of project Site: Gangtok falls in Seismic Zone IV but it is written that as per stability map prepared by Mines and Geology department, Gangtok, the site is located in Zone-3, whether Zone- 3 means seismic zone-3. If yes, then building can be permitted to design considering the norms of Seismic zone-iii. Bidder Number 5 connection and usage of the same. Refer reply provided in Row Number 01. Kindly refer Annexure-I of this Document. This is an proposal/draft which needs a formal approval of the competent authority on or before the event of signing of concessionaire agreement No. the same shall be the responsibility of the Concessionaire. No. The RFP conditions shall prevail. No. The Concession Period shall commence on successful completion of the Conditions Precedent of both Concessionaire and the Authority. The Concession Period shall be inclusive of Development Period of 4 Years. Refer reply provided in Row Number 08. Refer reply provided in Row Number 09. Kindly refer Clause 3.8.1 and Clause 3.8.2 of RFP Document Volume I. Page 9 of 11

Sr. No Bidder s Query / Comment Authority s Response 19 The service area does not include the total area of the Old West School including the existing parking area. Please consider the total area of Old West Point school including the existing parking area for the project. 20 This area for the commercial use may not make it a viable project. If the design and plan is considered from the bidder, it would help the bidders to propose a suitable size which will be within the norms of the State. 21 The dates for the financial is not mentioned. Please consider the plausible announcement of Code of Conduct in Mid February which could delay the entire process. 22 Total 13.5 Cr for a PPP project where is bidder is investing their own finances to create an asset which will be owned by the government. Even if the bidder defaults in any foreseeable circumstance can be repossessed by the government. Please consider the reduction in the total amount of security deposit. 23 In the QCBS scoring pattern, considering the financial as the sole criteria for evaluation is contradictory. Please change the clause to accommodate both technical and financial score into consideration for the QCBS grading system. 24 The total of the individual line items is not in line with the scoring. It is either lesser than the component score or in another case is higher than the component score, for example: 1. In technical capacity, the highest scorer cannot get more than 19 marks even though the total score for technical capacity is 30 marks 2. In financial capacity, the highest bidder can theoretically get 40 marks even though the total score for financial capacity is only 30 marks Please reconsider the scoring across all components. Kindly refer Corrigendum Number 01 for the revised Project Site map. No change. The Authority will try to open Financial Proposal at earliest, post-evaluation of Envelope-1 of all Bidders. The Bid Security will either be returned on Concessionaire providing the Development Period Performance Security, subject to the provisions of the Concession Agreement. Similarly, the Development Period Performance Security will be returned on Concessionaire providing the Operations Period Performance Security, subject to the provisions of the Concession Agreement. No change. Kindly refer Corrigendum Number 01. Kindly refer Corrigendum Number 01. Page 10 of 11

Annexure-I: User Charges The Concessionaire shall be able to charge following User Charges with effect from the COD for MLCP. The User Charges shall be escalated by 20% in every 4 th Year, i.e. these charges shall remain stable for a period of every 3 years and shall increase by 20% in the 4 th Year. The prescribed schedule for User Charges for the Year 1 of the Operations Period for MLCP is as follows: User Charges - Parking: Vehicle Parking Period, in hours 0-1 1-2 2-4 4-6 6-8 Above 8 Hours Monthly Pass Two Wheeler 10 15 20 30 50 100 1,000 Four Wheeler Private Vehicles Four Wheeler - Taxi Other User Charges: 20 30 40 60 75 150 2,000 15 25 30 50 60 100 1,500 Facility User Charges/ per use, in Rs Public Toilet 5.00 Urinals 1.00 Chief Executive Officer Gangtok Smart City Development Limited Gangtok, Sikkim Page 11 of 11