INDEX
Sl. No. / Contents / Page No.Letter of Invitation
/ 3-5Appendix - I : Terms of Reference / 6-8
Appendix - II : Formats for Financial Proposals / 9-11
Letter of Invitation (LOI)
File No. VC/JDA/ Dated . -04-2010
Dear Sir,
Sub: Construction of Multi-tier Parking Lots on Public-Private-Partnership basis.
1. Introduction
Vide Govt. of India, Ministry of Finance, Deptt. of Economic Affairs, PPP Cell’s
· circular dated Aug. 22, 2007 your firm has been empanelled as one of the eleven Transaction Advisors to facilitate investment in infrastructure. Jammu Development Authority (JDA) intends to construct Multi-tier Parking lot on Public- Private- Partnership basis to mitigate the problems of parking. You are accordingly requested to submit your Financial Proposals for selection of Transaction Advisor for construction of Multi-tier parking lots.
1.2 A brief description of the assignment and its objectives are given in the enclosed Terms of
Reference (Appendix I).
1.3 To obtain first hand information on the assignment and on the local conditions, you are
encouraged to pay a visit to the client, and other relevant offices such as those of the Jammu Development Authority, Chief Town Planner, Jammu, Chief Engineer R & B Jammu, Jammu Municipal Corporation, Transport Deptt, Senior Superintend of Police Traffic, Jammu, Economic Reconstruction Agency Revenue Deptt. etc. You must fully inform yourself of local, institutional and legal conditions and take them into account in preparing your proposal
1.4 Please note that (i) costs of preparing the proposal and of negotiating the contract,
including visits to the Client etc., are not reimbursable as a direct cost of the assignment; and (ii) Client is not bound to accept any of the proposals submitted and reserves the right to reject any or all proposals without assigning any reasons.
1.5 The proposals must be properly signed as detailed below:
i. by the proprietor in case of a proprietary firm
ii by the partner holding the Power of Attorney in case of a firm in partnership
(A certified copy of the Power of Attorney shall accompany the Proposal).
Iii by a duly authorized person holding the Power of Attorney in case of a
Limited Company or a corporation (A certified copy of the Power of Attorney shall accompany the proposal).
2. Preparation of Proposal
You are requested to submit your financial proposal in one cover and experience in another cover:
3 Financial Proposal
The Financial proposal in one separately sealed envelop with one ‘Original’ clearly marked as such and three ‘Copies’. The Financial Proposal shall take into account all types of the tax liabilities and cost of all expenditures as specified in the data sheet.
4. Experience
The experience should be given in one sealed envelope with following conditions.
4.1 Must conditions:
Experience in PPP related projects viz Multi –tier parking, Bus Stand, Inter state bus terminals
4.2 List of staff along with their CV proposed for assigned task.
4.3 Desirable condition: You have been empanelled for commercial-legal advice, but we except that you have basic fundamental technical knowledge of multi level parking.
5. Time of Submission and Validity
5.1 Your completed Proposal must be delivered on or before 15th. May ‘2010 up to 1300 hrs.
5.2 Your proposal must be valid for the 90 number of days from the closing date of submission of proposal.
6. Opening and Evaluation of Financial Proposals
6.1 At the public opening of Financial Proposals, Consultant representatives who choose to attend, will sign an Attendance Sheet.
6.2 Each Financial Proposal will be inspected to confirm that it has remained sealed and unopened.
6.3. The Client representative will open each Financial Proposal. Such representative will read out aloud the name of the Consultant and the total price shown in the Consultant’s Financial Proposal. For financial evaluation, total cost of financial proposal will be considered. This information will be recorded in writing by the Client’s representative.
7. Negotiations
7.1 Prior to the expiration period of proposal validity, the Client will notify the most preferred Consultant in writing by registered letter, cable, telex or facsimile and invite him to negotiate the Contract.
7.2 Negotiations normally take two to three days. The aim is to reach agreement on
all points and initial a draft contract by the conclusion of Negotiations. The financial proposal is subject to rationalization. Special attention will be paid to optimize the required outputs from Consultants within the available budget and to define clearly the inputs required from the client to ensure satisfactory implementation of the assignment.
7.3 The selected firm shall not be allowed to substitute key staff, unless both parties
agree that undue delay in the selection process makes such substitution unavoidable or that such changes are critical to meet the objectives of the assignment. If this is not the case and of it is established that key staff were included in the proposal without confirming their availability, the firm may be disqualified and the process continued with the next ranked firm. The key staff proposed for substitution shall have qualifications equal to or better than the key staff initially proposed
7.4 The negotiations will be concluded with a review of the draft form of Contract. The Client and the Consultants will finalize the contract to conclude negotiations.
8. Performance Security
8.1 The consultant will furnish after the issue of Letter of Acceptance (LOA) and before the eligibility for the first payment under the contract, an unconditional Bank Guarantee from the Bank (Generally, by SBI or its subsidiaries or any Indian nationalized bank or IDBI or ICICI or ICICI Bank or by a foreign bank through a correspondent bank in India) for an amount equivalent to 10 % of the total contract value to be received by him. The Performance Security shall be valid for a period of six months and will be released by JDA upon successful appraisal and approval of the Proposals by the Jammu Development Authority.
9. Award of Contract
9.1 The Contract will be awarded after successful Negotiations with the successful Consultants. If negotiations (as per para 7 above) fail, the Client may invite the 2nd lowest bidder Consultant for Contract negotiations.
9.2 The selected Consultant is expected to commence the Assignment within seven days of the signing of the contract.
10. Confirmation
We would appreciate you informing us by telex/facsimile:
i/ Your receipt of the letter of invitation
ii/ Whether or not you will submit a proposal.
Thanking you.
Yours sincerely,
Sd/-
(Gulzar Ahmad Qureshi)
Vice-Chairman
Jammu Development Authority
Appendix-I
TERMS OF REFERENCE
Consultancy Services for Construction of Multi-tier Parking Lots on PPP basis in Jammu City.
1. Objective of the studies:-
The objectives of the studies is to:
(i) Help for construction of Multi-tier Parking Lots.
2. Scope of work
(i) Interaction with the market, or conduct of formal market soundings, to confirm decisions on scope, timing and packaging of the transaction;
(ii) Preparation of bid documents including but not limited to the Request for Proposals and the Contract for Services (Concession Agreement);
(iii) Preparation of supporting information to assist bidders in preparation of their bid and where relevant creation of a data base and management of access to the data base;
(iv) Support to communication with the market and interaction with the market, including managing and responding to requests for clarification;
(v) Preparation of an evaluation plan, assistance with evaluation and preparation of evaluation reports;
(vi) Assistance in negotiation with one or more parties prior to contract award;
(vii) Monitoring and advice on bidder performance against any conditions precedent to financial close; and
(viii) Management of other advisory inputs, and overall management of the interaction team, to ensure a successful conclusion.
3. Identified Project
S. No.
/ Name of Parking Lots / Area / Remarks1 / General Bus stand / Approx. 50 kanals / Ground level Bus parking operational.
2 / Doctor’s lane Parking / 7.46 kanals / Ground level Car parking operational.
3 / Parking at Panjtirthi / 5.4 Kanals / Ground level Matador parking operational
4. Coverage of Area
4.1 The report will cover areas of Jammu city as defined under the Local Area limits of Master Plan.
4.2 Other stake-holders, including elected representatives, civil society groups, NGOs will also need to be consulted in all stages of the Project.
5. Fee Structure
The fee for the assignment will be released in installments related to the progress of work, as indicated below:-
Sr. No. / Stages / % Fees entitled to be released / Cumulative %1) / Mobilisation fee on award of work and subject to submission of bank guarantee. / 25% / 25%
2) / On submission of feasibility report report / 20% / 45%
3) / Evaluation of RFQ / 10% / 55%
4) / Evaluation of RFP / 20% / 75%
5) / On signing of concession agreement / 25% / 100%
6. Termination of the Contract
Termination of the contract in the Event of Default of Agency:
a) If agency fails to comply with the conditions and do not work in the prescribed time frame then JDA shall call for explanation by issuing notice to the agency.
b) The JDA shall be entitled to terminate this contract on account of an Event of Default of the agency and shall do so by issuing 10 days show cause notice calling the explanation from the Agency as to why the contract shall not be terminated for the reason stated therein. If the satisfactory explanation is not received the JDA will terminate the contract.
c) The JDA on such notice shall have powers to
i) Take possession of the work done so far by the agency.
ii) Carry out the remaining incomplete work by deploying another suitable agency at the discretion of the Vice-Chairman, Jammu Development Authority (JDA) and at the risk and cost of the Agency.
iii) Undertake an assessment of the works and other aspects of the project to ascertain the amount of work completed by the Agency.
iv) A Panel comprising of the experts as appointed by the Vice-Chairman JDA, would undertake the assessment of the said compensation and decision of the panel shall be final and binding on agency.
d) The JDA shall forfeit the security deposits without prejudice to the JDA’s right to recover from the Agency any amount that may be due to it.
e) The Agency shall have no claim to compensation to any loss sustained to him by reason of his having purchased or procured any material or entered into any commitments or made any advance on account of or with a view to the execution of the project of the performance of the contract and the Agency shall not be entitled to recover or be paid any sum for any work actually performed under the contract.
f) In the event of Agency failing to discharge his liability, the Vice-Chairman, JDA has the right to initiate appropriate legal proceedings to recover such dues.
7. Settlement of Disputes
a) If any dispute or difference or claims of any kind arises between the JDA and the Agency in connection with, consultancy, interpretation or application of any terms and conditions or any matters or thing in any way connected with or in connection with or arising out of this contract, or the rights, duties or liabilities of any party under this contract, whether before or after the termination of this agreement, then the parties shall meet together promptly, at the request of other party, in an effort to resolve such dispute, difference or claim by discussion between them.
b) If any dispute arise out of the contract of the said project that shall be referred to the Court of Law at Jammu only. It is made specific here that in no case the matter shall be referred to any Arbitration or conciliation or any other alternative dispute reddressal mechanism. The dispute (if any), shall be subjected to Jammu Jurisdiction only.
8. Liquidated Damages
The Agency shall be liable to pay the Liquidated Damages (L.D.) to the extent of 10% of the cost of the work offered by the Agency. The Liquidated Damages shall be imposed on the Agency by the Vice-Chairman, JDA on account of non performance or unsatisfactory performance by the Agency to execute the said project and non compliance of the instruction issued to the Agency. Before imposition of the Liquidated Damages the agency will be served 10 days show cause notice to that effect and may be given hearing by the Vice Chairman, JDA. The decision of the Vice-Chairman, JDA regarding imposing the LD, shall be final and binding on the agency.
The Agency shall be responsible for executing the entire study including all labour, material etc, at his own cost. The work should be executed as per the norms and guidelines prescribed by the State Government and Central Government from time to time.
Right to reject any or all offers without assigning any reason thereof, is reserved by the Vice-Chairman, Jammu Development Authority (JDA), Jammu.
Appendix-II
Form-F-I
PROFORMA FINANCIAL OFFER
Name of Work: Providing Consultancy Services for the Construction of Multi-tier Parking Lots on Public- Private- Partnership mode for Jammu City
(Name of the Agency) states that –
1) The Offer Is Unconditional
2) The rates quoted are inclusive of all duties, and taxes
We have carefully studied the various Components herein above with the scope of work and detailed specifications and all other terms and conditions of this Terms of Reference (TOR). On the basis of that I/We hereby undertake to execute the said work as per the rates quoted herein below.
We have gone through your Terms of Reference (TOR) for the above said work and We have understood all the terms and conditions pertaining to the work. Our Total Financial Offer for executing the said work is ( inclusive of all expanses ) Rs. ______(In words Rs. ______)
Place:
Date:-
Address:
Tel./Fax: Signature of Authorized Signatory
Appendix-II
(Form F-2)
Explanation of Financial Proposal
Summary of Cost
No. / Description / AmountI
II
III
IV / Remuneration for Key Personnel (inclusive of per diem allowance)
Remuneration for Supporting Staff (inclusive of per diem allowance)
1. Accommodation, boarding, lodging etc.
2. Travel/Transportation cost within the
state/outside the state.
3. 3. Use of equipments.
4. 4. Vehicles-Hired or owned.
5. 5. Service Charges.
6. 6. Contingencies.
7. Other items ( Please specify)
9.
Subtotal :
Taxes and Duties
Total cost net of service tax**
Service Tax
Income Tax
VAT
Any other taxes imposed by the Government.
TOTAL COSTS (Including Service Tax)
** Total Cost Net of Service Tax shall be considered for financial evaluation