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					                      Redevelopment & Management of Industrial Estates in Delhi
                                        – Response to Pre-Bid Conference Queries


             Pre-bid conference for the Redevelopment & Management of Industrial Estates in Delhi


   Date                  :          March 24, 2011


   Venue                 :          Hotel Park, New Delhi


   Time                  :          3:00 PM


 The Pre-bid Conference was held under the Chairmanship of Executive Director, DSIIDC. The meeting was attended by other officials of
  DSIIDC and potential private developer/ interested parties of the project.

 Considering request of bidders, the last date for submission of bids is extended upto 18/4/2011 (till 1500 hours) .
 The queries that were raised by the bidders, and the responses to the same are provided in the table below:




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                                        Redevelopment & Management of Industrial Estates in Delhi
                                                           – Response to Pre-Bid Conference Queries




S. No Reference                   Queries / Clarifications                                     Responses
Queries Related to Instruction to Bidders
  1. RFP Clause 3.13.2            Please Confirm whether one set of submission is acceptable   Refer to Clause 1.1.15 of the Instructions to Bidders of the
                                  for all 3 packages or need to prepare separately for each    RFP
                                  package. Would request to consider one set of documents
                                  for all 3 packages
  2. RFP Clause 4.4               Please confirm whether experience for claiming threshold     Refer to Clause 4.4.2 and 4.4.3 of the Instructions to
                                  experience should be for completed projects & ongoing        Bidders of the RFP
                                  projects also
  3. RFP Document                 Please clarify whether it is spiral bound or hard bound?     Refer to Clause 3.12.3 of the Instructions to Bidders of the
       Clause 3.12.3                                                                           RFP

  4.   RFP Clause                 Please clarify the timeline for submission                   Refer to Addenda No 1 to the RFP.
       3.14.1 & RFP                                                                            The last date for submission of bids is extended upto
       Clause 1.3                                                                              18/4/2011 till 1500 hours.
       Schedule
       of Bidding
       Process
  5.   RFP                        In case a particular job/ contract has been jointly executed As per RFP
       Document                   by the Bidder (as part of a consortium), he should further
                                  support his claim for the share in work certificate from his
                                  statutory auditor or the client/ employer in the format given
                                  below. This certificate would be in addition to the above-
                                  mentioned certificate from the client done for that
                                  particular job/ contract by producing a
                                  Request to please amend the format & accept the statutory
                                  auditor certificate Copy Enclosed) which widely accepted
                                  by all clients namely, MHA, NHAI, PWD Rajasthan,
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                                    Redevelopment & Management of Industrial Estates in Delhi
                                                       – Response to Pre-Bid Conference Queries


S. No Reference               Queries / Clarifications                                         Responses
                              UPSRTC, MoRTH duly approved by planning commission
                              and Finance Ministry
  6.   General                As project is on PPP Model, So there must be some govt. As per RFP
                              agency for revenue collection. For Private party it is
                              practically infeasible to collect revenue from individual
                              industries
  7.   General                Please provide at least one more pre-bid meeting          Not accepted.

  8.   RFP Clause 3.5         Please indicate the date of field visit and data collection to   Bidders are advised to contact Project Director for any
                              ascertain the site condition                                     assistance in this regard well before the submission date.
  9.                          Please permit us to send the additional queries in due           Not accepted
                              course of the bid period
  10. RFP Clause no 4.11.3    It has been mentioned that one project shall be awarded to       As per RFP
                              bidder. The value of the projects is between Rs 48 to 130
                              crores and total work load works out to be Rs 268 crores.
                              This is hardly any workload for any company as presently
                              BOT projects are being carried out far beyond Rs 500
                              crores.

                              In this connection it is suggested that the allotment of the
                              works may please be allowed keeping in view the capacity
                              of the individual company. If any company has a capacity
                              to do all these jobs, the said company may please be
                              allowed to carry out the works for more than one project
                              and may not be restricted to one project only. This will be
                              quite cost effective as it will reduce the overheads and over
                              all expenditure
  11. Draft Concession        Amended to six months in place of three months                As per RFP
      Agreement Section 6.3
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                                         Redevelopment & Management of Industrial Estates in Delhi
                                                           – Response to Pre-Bid Conference Queries


S. No Reference                    Queries / Clarifications                                      Responses
      (vii)
  12. RFP Part I, Section 4.4.1 Please confirm that IT Parks comes under qualification           Confirmed. Refer to Addenda No. 1 ”
                                criteria 4.4.1 Category I which states that “Experience in
                                development of projects in "Industrial estates/ Industrial
                                parks, Integrated townships and/or SEZs”.
  13. RFP Part I, Section 4.4.1 We would like to bring to your kind attention that               Yes . Refer to Addenda No 1 to the RFP
                                Affordable Group Housing Scheme falls under the core
                                sector. This will increase the level of competition in
                                awarding the contract. Thereby, it should be included in
                                core sector.
Queries Related to Draft Concession Agreement
  14. Draft Concession          The clause is OK however any change in the content of            As per RFP
       Agreement, Section       O&M manual in relation to each project facility over the
       9.11, (a) Operation and  year shall be by joint consent only. Request to please
       Maintenance of           amend the provision accordingly.
       Industrial Estate
  15. Draft Concession          This clause is vague and leads to a commitment which is          As per RFP
       Agreement , Section      totally related with law and order matter which is beyond
       9.11, (c) Operation and  control of the concessioner also it is difficult to ensure a
       Maintenance of           complete support system to eliminate the possibility of
       Industrial Estate        service on account of calamities. This clause is fraught with
                                limitless liability and misinterpretation.
  16. Draft Concession          The collection of maintenance charges and other charges in       As per RFP
       Agreement , Section      spite of concessionaire being given the right under this         Refer to Clause 11.4(c) of Draft Concession Agreement
       9.11, (d) Operation and  agreement does not help the concessionaire in forcing the
       Maintenance of           customer for payment. The clause needs modification such
       Industrial Estate        as the responsibility of issuing the bill and collection shall
                                lie primarily with DSIIDC including initiation of legal
                                actions against defaulter. The concessioner will provide the
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                                      Redevelopment & Management of Industrial Estates in Delhi
                                                        – Response to Pre-Bid Conference Queries


S. No Reference                 Queries / Clarifications                                       Responses
                                backup supported work in this regard.
  17. Draft Concession          The clause is OK except in case the project facilities get     As per RFP
      Agreement , Section       damaged under conditions such as natural calamities or
      9.11, (g) Operation and   other force majeure conditions where the deterioration and
      Maintenance of            destruction of the asset is beyond any anticipated control
      Industrial Estate         measures. Request you please amend the provisions
                                accordingly
  18. Draft Concession          The operation model as well financial model take into          As per RFP
      Agreement , Section       account applicable permits and applicable laws which are
      9.11, (i) Operation and   prevalent however during the period and due to any major
      Maintenance of            change in applicable format and applicable laws having
      Industrial Estate         impact on cost shall be discussed/agreed and amendment
                                provision should built in to take care the cost escalation.
  19. Draft Concession          Adjusted Equity: This definition shall be used for             As per RFP
      Agreement                 termination; this should include the returns for opportunity
      Section 1.1               cost of equity also. It should be changed to NPV of
      Definitions               remaining concession period revenues net of expenses
  20. Draft Concession          Escrow Account: DSIIDC should also open an Escrow              As per RFP
      Agreement                 Account with reserves maintained for annual operating
      Section 1.1               support grant to Concessionaire
      Definitions
  21. Draft Concession          Other Charges: Balance out penalty in case conditions As per RFP
      Agreement                 precedent is due to default of DSIIDC
      Section 1.1
      Definitions
  22. Draft Concession          Joint Committee: The Joint committee should equally Agreed, Joint Committee will have two representatives of
      Agreement                 represented by Concessionaire and DSIIDC            DSIIDC and two representatives of concessionaire.
      Section 4.2 ( C )
  23. Draft                     Revised this to 5% of Total Project Cost                       As per RFP
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                                     Redevelopment & Management of Industrial Estates in Delhi
                                                       – Response to Pre-Bid Conference Queries


S. No Reference                Queries / Clarifications                                      Responses
      Concession
      Agreement
      Section 6.3
  24. Draft                    Revised this to 26% throughout Concession Period as As per RFP
      Concession               applicable in standard Concession Agreements by NHAI
      Agreement                also
      Section 6.8
  25. Draft                    Please clarify whether revenues earned from                   Yes; subject to provisions of Clause 6.13 of Draft
      Concession               the advertising will be Concessionaire’s revenues             Concession Agreement
      Agreement
      Section 6.13
  26. Draft Concession         Request to allow to take debt funding based on these assets   As per RFP
      Agreement Section 9.14   to make the project bankable. These encumbrances can be
                               kept during Concession Period
  27. Draft Concession         Although Concessionaire shall be responsible for debt,        As per RFP
      Agreement Section 11.1   equity funding of the Project but DSIIDC assistance and
                               support is required for financial closure of the Project in
                               terms of past and projected financials of DSIIDC, comfort
                               letter to banks etc
  28. Draft      Concession    Request to increase the time period of 60 days to at least    As per RFP
      Agreement Section 11.2   120 days as it’s a PPP project and funding of this will be
                               relatively time consuming
  29. Draft Concession         Request to provide clarity of escalation of annuity           Refer to Clause 12.1 of Draft Concession Agreement.
      Agreement Section 12.1   payments
      & Section 12.2
  30. Draft Concession         Request to include in force majeure the supply of water, As per RFP
      Agreement Section 16.1   power etc required for fulfillment of obligations of
      & Section 16.2           Concessionaire’s obligations but these are supplied/
                               provided by other government Bodies
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                                       Redevelopment & Management of Industrial Estates in Delhi
                                                         – Response to Pre-Bid Conference Queries


S. No Reference                  Queries / Clarifications                                       Responses
  31. Draft Concession           Request to make this 100% plus adjusted cost of equity         As per RFP
      Agreement        Section
      16.10 (b) (i)
  32. Draft Concession           Request to make this 115% of Adjusted Equity at least          As per RFP
      Agreement        Section
      16.10 (b)(ii)
  33. Draft Concession           Request to make this 100% of debt due and adjusted cost of As per RFP
      Agreement                  equity
      Section 16.10 (b) (iii)
  34. Draft Concession           Request to make this 100% of debt due and adjusted cost of As per RFP
      Agreement                  equity
      Section 18.6
  35. General                    Large No. of Industrial Plots (approx. 30-40%) in Industrial   Number of working units / vacant plots are dynamic and
                                 Area are vacant, may we please know that by what time          the Project Director may be contacted for obtaining the
                                 they get sold/occupied (are they in process or it’s a long     correct numbers on the day.
                                 term process). Also please specify the relocation scheme.
  36. General                    Please mention revenue collection formulae used for            Refer to Schedule 10
                                 calculating Tariff Model.
  37. Draft Concession           Applicable limits: Being plants in industrial area             As per RFP
      Agreement Section 6.4      environmental clearance and approval for deployment of
                                 plant and Cement Concrete batching plant shall be required
                                 or not.
  38. Draft Concession           Medical Aid posts: Please clarify the details of scope of      As per provisions of Draft Concession Agreement
      Agreement Section 9.13     work under the medical aid post with the round the clock
      (d)                        ambulance service. How the cost of these services shall be
                                 recorded.
  39. Draft Concession           Variation: Direct payment by DSIIDC to the                     As per RFP
      Agreement        Section   concessionaire, to be deleted clause 9.15 c, i & iii
      9.15.3 (c)
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                                     Redevelopment & Management of Industrial Estates in Delhi
                                                        – Response to Pre-Bid Conference Queries


S. No Reference                Queries / Clarifications                                         Responses
  40. Draft Concession         Process and percentage of increase of maintenance and            Refer to Schedule 10
      Agreement Section 11.5   other charges may please be explained and added into this
                               clause.
  41. General                  Waste water treatment - what will be the criteria to fix the     Refer to Schedule 10
                               charges for waste water treatment on plot lease holder
  42. General                  Development of parking area in each sector is an essential       Refer to Schedule 1
                               requirement, for this purpose the sufficient area shall be
                               required in each sector. Kindly allot centrally located plots
                               for parking area in each sector and earmark the parking
                               areas in each sector on site plan.
  43. General                  All other utilities - maintenance charge @ Rs 10/- per sqm       Please refer 11.4(c) of Draft Concession Agreement.
                               per month per unit of plot area levied on all lease plots
                                  i.    Is there any provision of recovering the
                                        maintenance charges @ Rs 10 per sqm per month
                                        per unit of the plot area in the leased plots.
                                 ii.    Dues of maintenance charges can be recovered as
                                        Govt. revenue from lease holder or not
                                iii.    There are two type of leased plots.
                                         o       Industrial units are operative on the leased
                                                 plot.
                                         o       Plot is leased but lying vacant without any
                                                 industrial activity
                               Kindly confirm that maintenance charges shall be
                               applicable to both type of leased plots
  44. General                  Minimum plot of 5.00 hec, shall be required for installation     Please refer Clause 8.1 (vi) of Draft Concession
                               of plants, yard for stocking materials, yard for machinery,      Agreement.
                               Concessionaire construction camp and office. The same
                               may kindly be earmarked in site plan also
  45. General                  The time for completion of work should be three years            As per RFP

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                        Redevelopment & Management of Industrial Estates in Delhi
                                          – Response to Pre-Bid Conference Queries


S. No Reference   Queries / Clarifications                                      Responses
                  excluding six month of mobilization survey work and
                  renewal of encroachment etc.
  46. General     Almost all industrial units are having their own boring and   As per RFP
                  using underground water. What will happen to the water
                  supply provided by DSIIDC. When owner is not using the
                  water supply then why he will pay for water supply
                  charges.
  47. General     Empowerments of SPV to levy the charges on all the             As per the Delhi Industrial Development, Operation and
                  allotees whether or not they started the operations, mainly   Maintenance Act, 2010, DSIIDC has been empowered to
                  in Bawana and Narela as Okhla & Patparganj are fully          levy and collect charges. In case of non compliance i.e.
                  operational. Developer should be given such authority, in     nonpayment, delay in payment etc, by the allottees /
                  the case of default by the industries, to recover the         occupants of the industrial plots, DSIIDC can take legal
                  amounts. DSIIDC on its part as partner in JVC, should         action against them.
                  invoke revenue recovery act and support in recoveries in
                  such cases. Industries association should be taken in to      Industrial Associations of all industrial estates have agreed
                  confidence in the whole process and should have their in      to pay user charges and maintenance charges as per above
                  principle consent.                                            Act .

  48. General     Narela and Bawana                                            As per RFP
                     i.   The road formulation level should be increased by
                          fixing a uniform height of plinth level of buildings
                    ii.   All roads made be made of cement concrete on
                          new formation with new service lines in proper
                          ducts
                   iii.   New storm water drain, sewer line and water main
                          line as per road level shall be required.
                   iv.    The work mentioned above may be taken up after
                          detailed survey and removal of encroachment
                          which may require 6 months time.

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                         Redevelopment & Management of Industrial Estates in Delhi
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S. No Reference   Queries / Clarifications                                         Responses
                    v.    ROW free from encroachment and encumbrances
                          should be given to concessionaire on the day of
                          handling over the site.
                  The project cost of Narela and Bawana may be revised as
                  per above mentioned changes in the scope of work
  49. General     Scope of rehabilitation of units/customer – ( whether it is in   No
                  the scope of developer or authority)
  50. General     Alternate land availability in case of major redevelopment       No
                  work to be done, if any such plot has been demarcated on
                  site.
  51. General     Scope of future development in the vicinity and if the same      It is not envisaged in the RFP. However, it would be
                  can be added to the existing project.                            covered under Clause 9.15 of Draft Concession
                                                                                   Agreement
  52. General     Revenue from resale of treated water                             As per RFP

  53. General     Guarantee of payments (source of annuity payments)               Refer Clause 12.1 of Draft Concession Agreement

  54. General     Penalties in case of delay from the Authority’s end              Provided in Draft Concession Agreement

  55. General     Please clarify that the Power Supply and Water for Refer to Clause 9.2(e) of Draft Concession Agreement.
                  construction, rehabilitation and O&M work will be in
                  DSIIDC’s Scope or Bidder’s Scope
  56. General     The RFP documents has specified the scope of major items As per RFP
                  but at the same time mentions “Project shall also include
                  rehabilitation / repair of miscellaneous estate civil works
                  which include but is not limited to Estate boundary wall,
                  gates, boundary walls of common plots, public
                  conveniences / toilets etc.” It is requested that scope of
                  miscellaneous works shall be specified clearly and
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                        Redevelopment & Management of Industrial Estates in Delhi
                                         – Response to Pre-Bid Conference Queries


S. No Reference   Queries / Clarifications                                   Responses
                  specifically.
  57. General     If some additional items/ quantities are required beyond Refer to Clause 9.15 of DCA.
                  those specified how do you propose to compensate the
                  concessionaire?
  58. General     Who will approve the proposal / design of STP / CETP?          Please refer Clause 6.2 of the Draft Concession
                                                                                 Agreement.
  59. General     How the level of maintenance / upkeep will be decided? Refer to Schedules 2 and 3
                  Who will decide it?
  60. General     What will be tariff rate applicable to concessionaire for As per notified tariff of applicable DISCOM.
                  energy bills?
  61. General     If multilevel parking becomes necessary, how the cost will Refer to Clause 9.15 of the Draft Concession Agreement
                  be reimbursed / compensated?
  62. General     The state at which revenue collected can be started shall be Refer to Clause 11.4 of the Draft Concession Agreement
                  defined clearly. To elaborate concessionaire shall be
                  permitted to collect parking fee as soon as it readies the
                  parking lot. The maintenance charges may be allowed in
                  stages after repairs and rehabilitation are completed on a
                  particular road / location & day to day facilities are started
                  by concessionaire.
  63. General     To safeguard the interest of concessionaire a strict Refer to Clause 8.1 (iv) of the Draft Concession
                  enforcement will be required from the traffic police for use Agreement
                  of parking lot. The client shall take up this matter with the
                  concerned department & declare the areas as no-parking
                  zone.
  64. General     It may not be possible for the concessionaire to enforce As per RFP
                  strict discipline regarding collection of Maintenance
                  Charges, water supply bills, bills for waste water treatment.
                  Even various government agencies with so many power &
                  support of enforcement agencies are unable to collect such
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                        Redevelopment & Management of Industrial Estates in Delhi
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S. No Reference   Queries / Clarifications                                       Responses
                  revenues totally. It is therefore requested that
                  concessionaire shall be paid these charges by the client who
                  in turn can collect it through enforcement & exercising
                  their powers.




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