Design DPR QUERIES and their reply

(These queries and their repies will form part of rfp document and will be applicable to all the bidders)

S.No.

Queries

Reply

HSCC (INDIA) LIMITED

Clause 1.3.4, 3.2 and item 2 (4)of scope of services at page 12 of volume 3 does not clearly indicate the standards and specifications meeting all laws, regulation local and global standards. What is to be followed? Where are the global standard defined? As per part II technical bid page 16, item V freedom of specifications and standards opted in design.

(a) Cl 1.3.4 specifies that the contract is governed by the documents listed in Para 1.3.3 including relevant standard and specifications which are available commercially.

(b) Cl 3.2 specifies Scope of Work.

(c) Item 2(4) Scope of services at Page 12 of Vol 3 gives services to be provided. As far as specifications are concerned these will be governed by BIS, MCI, WHO,NBC, local byelaws etc and specifications provided by any other organizations dealing with health care in case not covered else where.

Note 4, page 17 Is it optional, should it clarified at the beginning and state the dimensions also.

Though it is optional however it will be appreciated if a model of Scale 1:500 is prepared and shown during presentation. However for presentation a ‘walk through’ is to be given.

Clause 2.6.14, page 20 Does it mean it has to be before the 24.09.2007 at 14.00 hrs or can be

by 14.00 hrs on 24.9.2007

Clause 2.7.2, page 22 (iii) Substantially response bid not defined what can be left out need to be specified as it leaves discretion with the evaluation criteria.

It means latest by 14.00 h on 24 .9.2007

Please read Clause 2.7.2, Page 22(iii) with Cl. 2.7.2(ii) Page 21 where responsive bid is clearly defined.

Clause 2.8.1 Is it true bidder may resile from the offer made as per form A based on clause 4.4?

The optional offer has been made by the client keeping in mind, the choice of the Bidder. However, if the bidder is not interested in a particular site, he should not indicate his preference for the site. Once offered, the offer can’t be resiled

Clause 2.13 MoHFW option of offer other site is complementary to 2.8.1 and only applicable if bidder submits his undertaking in form A. How the clause 2.8.1 can be enforced?

The offer is optional and other site is not complementary. In case site is offered fee as applicable will be paid in full. Offer criterion is discussed during the pre-bid meeting and all were made aware of.

Clause 3.4 Use of design and technically successful bidder which means he has qualified for consideration but is not T1 at that site does it means for use on other than 6 sites of RFP or at any other sites then why he is not offered Rs 30 Lacs for the other site, where they propose to use the design?

Milestone payments envisage 20% payments (1-20 crores) then why only 30 Lacs?

In case bidder is not T-1 for a particular site he will not be allotted that site. In case he has given an offer for another site for any reason he will be paid full fee. In a situation a bidder is not offered a site and his concept is liked by the client in that case he will be compensated for the work done.

The payment under milestones and operation of this clause are under two different situations.

Clause 3.5 Why 10% of fixed fee is not made the LD? What is meant by total contract value?

Contract value in this case is fixed fee.

Clause 3.8 Proof checking by IIT is for structural design as per page 20 of volume 3. Please confirm

Not only structural design but all designs including services such as , Electrical ,mechanical, PHE, etc are covered.

Clause 3.9 please confirm that inspection of A/c and records

Only with respect to the scope under this contract and account pertains to this contract only.

Clause 3.13 The clause is contradicting to essence of clause 3.4 Please clarify clause 3.13 is only applicable on awarded of site and the completed stage of works.

The clause is valid to even this contract.

Clause 4.17 After T1 is declared successful as per clause 4.15 and 4.16 ranking him again R1, R2 will give him double benefit by awarding him site for which he has not bid. It will be a set back to other technically successful but did not get site for which they have bid.

The table is given for the eventuality which may or may not arise and will not give any benefit to any specific party(ies).

Item 8& 9 Items 8 & 9 of form A volume I are contradicting to clause 3.4, 2.18 & 2.13.

Not really. Every clause has a specific meaning

Clause 2.6 Preparation of bid part II page 17. At what scale should the model be the following is suggested for site 1:1000 and for parts 1:500

Scale of Model is now fixed as 1:500 for similarity and equal comparison

Page 52 from T II, Can an architect be consider
for Sl. No. 1 i.e as team leader.

Yes, if he fulfills other criterion of Team Leader

Clause 3.4 Page 30 can a consultant quote a consultancy fee lower to Rs 6.0 crores.

what is the gross total area to be considered for

Concept design.

This is a fixed fee contract and evaluation is not based on fee.

Each campus will be on 100 acres (approx) land and Hospital Complex approx 57000 sqm, PMR 2300 Sqm, AYUSH 620 Sqm and herbal Garden 2 Acres, Teaching Complex 14500 Sq m, Auditorium 3500 Sqm and Public Utilities on 6000 Sqm. Residential Complex on 35000 sq m . Areas are guidelines only and variation are permissible.

At what scale are drawings to be submitted?

Scale of the drawings will be as under:

Layout 1:1000 Part Layout 1:500, Plans, Elevation & section 1:200 Details 1:100 or depending upon the details .

What is the gross total area to be considered for concept design

See reply to Ser No 15 above.

ARCHIMEDES

A 1. Voulme-1, Clause-2.6.3(II) - Technical Bid. Please elaborate on (III), (IV) with details of requirement.
2. Volume-1, Clause- 3.4.1 Page-30, Payment and Clause-2.6.3 (II-C), Page-17- break up of assignment as per form “G”- page-49.
In both the clause “the stages does not match”.- Please clarify.

3. Please mention the “Scale of the Printed drawings”.

III and IV were explained in the bid meeting

i)The two clauses are applicable at different stages of the lifecycle of the project. While Form G would assist in evaluation of bids and would be used only if there is a need. Clause 3.4.1 is linked to the payment terms.

ii). Ser No 1 with stage 1

Ser No 2 with Stage 2

Ser No 3 with Stage 3

Ser No 4 with Stage 4

Same as Ser 16.

B) With respect to the Rishikesh site we require the following information.
1. What is the High Flood Level (HFL).
2. What is the minimum distance that development can happen from river edge?

1. To be obtained by bidders themselves.

2. As per local byelaws

Consulting Engineering Services

Para 2.6.3 Documents comprising the bid-Part II Technical Bid The submission requirements as given in Part II (a) Technical Bid is highly elaborate and it is not clear how all these details can be identified and submitted at the concept design level.

It is feasible to work out these details, maximum requirement are descriptive in nature. The details are essential for working out concept of health care institute and more so where the selection process is based on concept and not fees.

Para 2.8 Award of Work Regarding Award of the Contract, it is understood that the consultants should submit the Concept Design and other details for any of the 6 sites of their choice. However, the different consultants will be given ranking on the basis of their submissions. Unless all consultants submit their design for the same site, comparative evaluation and ranking may not be objective. In this respect, is it possible to clarify what role the order of preference for the 6 sites (refer to Para 2.6.3, I (i) given by the consultant will play in the award of a project.

Concept Design of all sites will be evaluated separately and ranking given. The ranking will be compared for a particular site for the common bidders hence there is no scope of any ambiguity on award of project.

Para 3.2 Stage 4 of Scope of Work.The expression “Provide adequate professional assistance to the implementing agency” is rather loose and should be more clearly specified.

Can not be quantified. Assistance will mean all the details required in completion of project within the scope of consultant by detailing, site visit and other verbal and written quarries.

The Fixed fee of Rs 6 crores appears to be very much on the lower side considering that it includes all taxes (presumably Service Tax also) and covers cost of proof checking, clearances and approvals from Statutory Bodies,

presentation materials, site visits (of which the quantum is large) and all consultancy services including medical equipment.

Fee is considered adequate and is based on many parameters; fee is inclusive of service tax. Only the statuary expenses made to statutory bodies shall be reimbursed over and above assignment fee. Fee for Medical equipments are not in the scope of this service.

Clause 3.6 The amount of Performance Security of 60 lakhs is on the higher side, considering that the consultants have been pre-qualified.

Performance Security of 60 Lacs is only for Phase I and 80% will be refunded thereafter

Para 4.1.2 The composition of the Evaluation Committee may kindly be advised, as it is the normal practice.

Evaluation Committee will consist of Prominent person in the health care sector and high officials and evaluation process will be beyond doubt.

Para 4.2 There are a large number of criteria under Space Planning including Disaster Management and Evaluation Plan, Signage etc, which are not expected to be conceived at the Concept Design stage.

These entire criterions are conceived during Concept stage and are basic requirement for any project of this magnitude.

Form G- Break up of Assignment Fee

Since the Assignment fee has been fixed, the purpose of this break up is not clear.

The basic purpose of this break up is to safe guard against unforeseen eventualities arising after work is award ed

Key Personnel It should be acceptable if the Project Manager/Team Leader is an Architect of the requisite experience as almost all the other team members except Landscaping Architect and the Senior Architect are Engineers.

Agreed with meeting other qualification and experience criteria

TECHNICALLIYA

Assignment fee We request you to consider reimbursement of any variations in taxes and levies over and above the assignment fee of Lump sump fixed by you. We would also wish to know the basis on which the Lump sump fees is fixed by you as assignment fee for each site.

Not agreed 80%of the work will be completed in 6 months is Stage 1.

The fee have been fixed based on experience gain on various health care projects under way and efforts requited to prepare the DPR of International level and not on minimum fee criteria .

Bid Security Normally for Council of Architecture members bid security is not insisted upon. Hence we would request to waive the bid security. Further the bid security amount of Rs.6 lakhs / Rs.6.5 lakhs is very high. If bid security is a must then you can consider fixing a token amount of Rs.1 lakh each for all the six sites.

The scope is not restricted to Architectural Services only bid security is not considered higher side and 80% will be refunded after Stage 1 only. Security is for a very short period. Being time bound project seriousness in assignment is expected.

Tender Fee Since you had already collected an amount of Rs.5,000/- for processing expression of interest tenders the fee of Rs.10,000/- for processing the consultancy tender can be reduced to Rs.5,000/- per each site.

Not considered higher side.

Instruction to Bidders Clause 2.1 (g): Form ‘D’ is to be read as Form ‘C’. Since Form ‘D’ refers to “Format for Power of Attorney for authorized signatory”.

Corrected. Clause 2.1 (g). Form D should be read as Form C

Liquidated Damages for delays: We request you to consider reducing the maximum of 10% for the Liquidated Damages to 5% maximum.

Being a time bound project LD can not be reduced .

Performance Security:The percentage of performance security of 10% of the total assignment fee is high. We would request you to consider reducing to 5%. Further whether it is possible to consider to retain the stipulated percentage of Performance Security from each of the payments released to cover for the above performance security.

Reduction is not feasible.

Fee will have to be deposited as per relevant clause

Proof Check Is it only for structural design or for all including services design?

All including services see reply elsewhere

Project Monitoring Committee: Regarding Second Para clarification is required – Purpose for which inspection and auditing of our accounts is required by auditors appointed by the Client.

In case of Arbitration or disputes in the eventuality of foreclosures or under RTI act/ GOI statuary requirements.

Site team during post tender phase: For visits made at the request of the Client beyond the stipulated visits in this clause shall have to be reimbursed at actual.

Total no of visits will be worked out considering total duration and spaced out as per actual progress of work .

Ownership of the Design and drawings:

Para 2: “Even in the event stoppage / cancellation of the selection process, all documents / designs / drawings submitted by the Bidders to the Client on or before the cancellation of the selection process shall become the property of the Client and the Bidders shall have no claim on such documents / design” is not acceptable to us and all the documents are to be returned to us.

In the eventuality of work/event stoppage before bid is opened all the drawings will be returned.

Technical Evaluation Criteria :Sl.No.4 : Please furnish expansion for “NPV” of O&M

NPV Means Net Present Value

O&M Means Operation and Maintenance

Form of Bid: Clause 8: This clause is contradicting the clause 3.4 of Section 3 – Payment – Second Para. Hence, it may please be amended suitably.

Once the bid is submitted it becomes the property of MoHFW .

Breakup Assignment fees:

Milestones & Payment terms:

Clause 3.4.2 You had indicated the percentage payable and milestones for release of payments. But in Form ‘G’ you are asking from the tenderer for breakup. The purpose of asking this may please be clarified. This breakup will lead to difference with the payment terms indicated by you.

The breakup of assignment fee is required for different purpose i.e. in the event of foreclosure.

Vol-II Clause 8.16: Is it not the Contractor’s responsibility and scope to insure. Why duplication?

Insurance as relevant to services such as personals of Design DPR or vehicles/ equipment employed under this scope.

Clause 9.3 If it is due to the defective design only of the consultant then the consultant will indemnify the Client

Yes within the scope only

Clause 9.4 Consultants will not be responsible for any claim arising due to defect in services / equipment during the construction, erection, commissioning of the Project and including defects liability period after completion and handing over of the project if the same is not

entirely due to consultants deficiency of the Services rendered.

not agreed to clause 9.4 will prevail

Changes & Additions in Consultant’s Scope of work: Clause 14 Major changes are to be compensated by the Client over and above the assignment fee.

Not agreed no major changes envisage.

Arbitration: Clause 20 Arbitration is to be in accordance with the provisions of the Indian Arbitration Act 1996 or any statutory modification of reenactment thereof and the rules made there under from time to time.

Not agreed arbitration will be as per clause 20.

Independent Audit: Clause 23 Specify the records and expenses that are to be
maintained by the consultant and be responsible and liable for statutory audits.

no other documents are needed than need for statuary audit as per G.o.I

Participation money: Since the work involved submitting the bid document requires lot of manpower and time, kindly consider a lump sum amount as participation money to meet the expenses for the unsuccessful bidders.

See addendum enclosed

MATHUR KAPARE

Assignment Fees(Inclusive of all taxes and levies excluding statutory payments to Local Bodies) & Bid Security Clause 1.2

a. The tax structure keeps changing and this will make the consultant bear the variation in the structure which is difficult for the consultant.
b. Todays rate for taxes is 10.30% TDS, 12.36% Service Tax and when you add 10% security the total in hand fees is reduced by 32.66% = Rs 1,95,96,000/- hence the total assignment fees comes to only Rs 4,04,04,000/- which is very low and should be increased substantially.
c. Why do consultants have to submit a Bid Security? Normally the bid security is required off the Contractors. This should be waived and not asked for off the consultants.

Fee is considered adequate and inclusive of all taxes. Bid security can not be waived.

Eligibility to Bid: Clause 2.2

a. If we wish to add and subtract from the list of consultants submitted with the EOI and submit a fresh list with the RFP does it disqualify the Consultant?

No change in consortium/ JV partners shall be permitted. Sub-consultant, however, if any may be changed with prior permission of the Client. Any change in the consortium member will lead to disqualification of the Consultant

b. Similarly, if one of the Participating Companies/Firms from the Consortium of EOI wishes to withdraw from the Consortium at the time of RFP does it disqualify the Consultant?

Same as Ser 45

Norms for JV/Consortium:Clause 2.4

a. Para i. Why is formation of a company after award of work necessary? All works done jointly by members of consortium can be clearly identified and as it is all members of the group are jointly and severally liable for the execution of the project (Para iv). What will the company do after the Project is over. How does the client benefit by forcing different fields of expertise to come under one banner for one project? This would be difficult for Consultants having foreign experts as part of their consortium.

Can be accepted as long as a legally binding relationship exists between the bidders and there is a lead member.

b. A JV/Consortium for a project is sufficient to execute all kinds of Projects.

yes

Break up of Assignment fees as per

form G:Clause 2.6.3

a. This is a non requirement since the entire assignment fees has already been fixed, therefore the same may be deleted.

not agreed clause is relevant

Payment: Clause 3.4

a. Regarding 3.4.1 Fee for engagement: Same as Para 1 a & b above.

not agreed clause is relevant

b. As per Milestones of Payments the successful Bidder gets upto 25% upon approval of Preliminary Architectural Design where as in case the client uses the design of a successful bidder at any other site, the client shall pay a sum of Rs 30 lakhs which is Equal to 5% of the total fees. This seems unfair since the successful bidder would have put in all the work for it and is entitled to full fees of 25% as per Milestones.

Not agreed. In second case only concept is taken and no details are called for neither consultant is required for obtaining any approval.

Liquidated damages for Delays:Clause 3.5 a. Please add an equivalent Bonus Clause too.

Not relevant in such type of work

Performance Security: Clause 3.6 a. This should be waived as this is an unnecessary financial burden on the consultant.

Not agreed

Site Team during the Post Tender Phase :Clause 3.10

a. As per this clause the following visits have been worked out assuming the works are completed in a period of 36 months:

Personnel
Personnel
Architects
Structural Engineer
Electrical Engineer
PHE
Landscape Architect
Fire Fighting
HVAC (not in TOR)
Total
Grand Total

First 6 months	Next 24 months
First 6 months	Next 24 months
12	24
6	24
3	24
0	24
0	0
0	0

21	96
	153

b. Based on above the range of number of visits to the site varies from 105 to 201 vists for a period ranging from 2yrs to 4 yrs. At a per visit cost of Rs 25,000/- the range of financial burden is of Rs. 26.25 Lakhs to Rs. 50.25 lakhs. The same range when Foreign consultants visit the site the average trip cost would be more like Rs 2.0 lakhs per visit.

adequate provision have been made for payment and visits given in clause 3.10a are considered essential.

c. We request that the scope of site visits by the consultants be deleted and the cost of site visits be reimbursed on actuals (Travel, Boarding & Lodging) plus a per diem as considered appropriate by the client.

not agreed to provision have been made under stage 4 and payment regulated.

Technical Evaluation Criteria: Clause 4.2 a. As per 1,2,3 & 4 the proposal to be submitted is a detailed Architectural design for this:

i. Shouldn’t all the competitors be given a uniform set of requirements in order to assess everybody’s design on an equal footprint? Does the client have a programme, which will be issued to all competitors? If yes then when will it be forwarded to us?

ii. As per para 5 b above the entire exercise to reach the final design stage is approximately Rs 1.50 Crores worth. Shouldn’t all competitors be given an honorarium for submitting their proposals?

Scope of work is common for all the bidders and requirement is same for all the sites hence every bidder is given equal opportunities. The programme will be issued in due course. Bidders are to apply for site specific and only site specific work will be evaluated and compared.

not agreed to

RITES

There is ambiguity regarding scope of services, as it is learnt that a separate EOI/RFP is being invited for Architectural service s through a separate advertisement which is included in the scope of Design/DPR Consultant. The same should be clarified.

No separate advertisement is given

Ref Clause 3.2 (stage III) of TOR-there is no explicit information about supervision consultant. Although implementing agency is there in RFP which seems to be the works contractor. who is the supervision consultant for this project.

Supervision consultant will be appointed separately

Ref clause 5(Final Acceptance) of TOR: as per the scope of the work, Final Acceptance is to be given by Supervision Consultant. The RFP document is meant for the appointment of Architectural cum design Consultant.

No, final acceptance will be given by Committee appointed by client and not by supervision consultant

Ref Clause 8 & 9 of conditions of contract: all the statutory insurance and indemnity shall be covered by the consultant. The optional insurance/indemnity is not to be covered within this clause.

Only insurance applicable to this work

Ref clause 3.5 of TOR (Liquidated damage for delays): The maximum amount of Liquidated damage shall be 10% of the total consultancy Fee in place of 10% of Total contract Value.

It will be for total fee.

Ref clause 3.2 stage IV of TOR: The completions certificates/NOC’s are from various local authorities are to be taken by implementing Agency as per the standard Practice and scope of the work of Implementing Agency. The Pre-Constructional approvals are taken by architectural cum design Consultant.

Not agreed Design DPR Consultant will have to do.

Ref Clause 4.2 (Technical Evaluation Criteria) the Submission of Technical Bid is likely to cost substantially due to the details being asked about Architectural and Detailed engineering features of the project. The client may likely to share the cost in context of substantially detailing with RFP documents. it is requested to make payment of Rs.5.00 Lakhs to each participating bidders to meet the expenses in this regard.

Not considered at present.

The limit for phase –I is not realistic in terms of Approval from statutory /Local bodies and Procurement of works contractor. The relevant documents shall be submitted to the statutory/local body within time limit. If there is any delay in approval, the duration of Phase-I shall be extended accordingly .The Process for tendering is likely to take 3 months, so the duration of phase-1 should preferably 12 months in place of 8 months.

Duration of assignment is fixed and no change accepted

The tentative list of equipment is not available on net as told in client‘s requirement.

List will be placed on Web Site and will be intimated.

The fee is meant up to the schedule completion of work and subsequently defects liability period. if any delay is occurring ,then amount of Rs.5000.00/Person/day shall be paid to Consultant as per deployment schedule.

The site visits will be suitably spaced depending upon progress of work by taking total constriction time in to account. In case at a later date additional visits are required the same will be decided at that stage

BHARGAV ASSOCIATES

As they want to change the form T-IV at RFP stage

It is not feasible now however could be considered at appropriate stage.

Heinle Wischer Gesellschaft Germancy

Site visit by the bidder are requested. Extensive documents for each site are provided, site plan etc. Information about location of site in particular city is missing. please provide geographic information of each site:

Latitude north and Longitude East. With this information the location of each site can be identified with its environment by satellite image e.g. google earth and site visits can be prepared.

Approximate Latitude and Longitudes of the identifiable place near by of AIIMS sites are as follows: However these have to be correlated to the zonal and site survey plans;

Jodhpur 26 deg 14.22min N and 73 deg 00.30 min E

Raipur 21 deg 14.52 min N and 81 deg 38.27 min E

Bhubaneshwar 20 deg 14 min N and 85 deg 44 min E

Rishikesh 30deg 04.45 min N and 78 deg 15.49 min E

Bhopal 23 deg 13.2 min N and 77deg 28 min E

Patna 25 deg 34min N and 85 deg 02 min E

Assignment fees seems to be fixed Clause 1.2 ; RFP Page 41 Form B Bid Security), 2d The conditions of this obligation are-----if the bidder does not accept the correction of his bid prize as corrected by the evaluation committee.

Did we get correctly, that the Evaluation Committee can find a bid less worth than Assignment fee acc. to clause 1.2 and bidder shall accept this correction?

It is a fixed fee assignment neither reduction nor increase is accepted. Criterion for selection is purely based on Concept design of the bidder.

In case the bid is not technically qualified the same will be rejected.

What are the Criteria for fee reduction? Will there be a minimum level

Fee reduction is not possible.

How does the Evaluation Committee Constitutes

By appointing prominent persons in health care sector