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IPA
Sr
No
RFP for Amend in MPT ACT
Reference
Clause No
1
Clarification Particulars
Clause
Orgn
General
The Law
Point
2
Page 6
Clause 4
The Law
Point
3
Page 6
Clause 4
The Law
Point
Clarification on Pre-Bid Queries
Ref no :IPA/MSD/ICTD/Legal consultant/2015
Question
Clarification
Can a firm, having proven track record and Yes as per Clause 3(ii)
experience, not having been invited for the However, the firm has to
QIT, submit its proposal for evaluation?
satisfy the eligible conditions
stipulated in the RFP.
The eligibility criteria specify that the firm The definition of the legal
should have completed at least 3 ‘legal transaction advisory services
transaction advisory services’ in public has been incorporated and
infrastructure projects. The term ‘legal issued as an addendum to the
transaction advisory services’, not having been RFP.
defined in the QIT, when taken in its literal
sense does not provide a clear nexus vis-à-vis
the scope of the QIT, which is for the purpose Please refer to Addendum no.1
of amending the MTP Act. Would having prior
experience in legislative drafting and providing
legal advisory services in the operation of
major ports be considered as relevant to be
included within the ambit of this eligibility
criteria? In this light, it would be helpful to
define/modify the term ‘legal transaction
advisory services’ so that the meaning may
become clearer and a nexus between the
eligibility criteria and the scope under the QIT
may be established.
The eligibility criteria specifies that the firm The Clause remain unchanged
should have been in existence for the past 10
years. It may be noted that a firm may have
individuals/professional experts associated
with it having over 10-15 years of experience
in the specific field but the firm as such may
not have been in existence for 10 years. Would
it be possible for a firm providing its services
4/06/2015
Page 1 of 7
IPA
RFP for Amend in MPT ACT
4
Page 6
Clause 4
The Law
Point
5
Page 6
Clause 4
The Law
Point
Clarification on Pre-Bid Queries
Ref no :IPA/MSD/ICTD/Legal consultant/2015
to a major port for the past 4-5 years to be
considered as qualified even though the
eligibility criterion of the firm having been in
existence for the last 10 years cannot be met?
The eligibility criteria specify that the firm
should have given services to PSUs/
Government organizations in telecom, power,
aviation, etc. sectors. Would shipping/ports be
included in this considering that amendment of
MPT Act is part of the Terms of Reference?
The eligibility criteria specifies that the firm
should have min. revenue of Rs. 2 cr. during
each of the last 3 years. A firm that has several
clients as PSUs and Government bodies may
not fulfil the Rs. 2 cr. minimum revenue
criteria over each year. Would it be possible to
consider an average of 3 years instead of a 2 cr.
min. revenue each year?
Further, would it be possible to consider the
figures for years 2012-13, 2013-14 and 201415 instead of 2011-12, 2012-13 and 2013-14?
Are audited reports required for each year or
would a certificate of an auditor in respect of
the same suffice? Please also note that earlier
RFPs issued by the IPA itself and which are
more subsisting in nature (i.e., for
empanelment)
have
a
min.
revenue
requirement of Rs. 1 cr.
4/06/2015
Page 2 of 7
Yes.
Yes,
the sentence “ Min
revenue of Rs. 2 cr. during
the each of the last 3 years”
has been amended as a : “ Min
average revenue of Rs. 2 cr.
per annum during the last 3
years”.
Please refer to Addendum no.1
No
Auditor Certificate confirming
the annual revenue for the last
3 years will be accepted.
IPA
6
RFP for Amend in MPT ACT
Page 8
7
8
Clause 8
General
Page 10
Clause 16
Clarification on Pre-Bid Queries
The Law
Point
Ref no :IPA/MSD/ICTD/Legal consultant/2015
Clause 8 (page 8) states that the team should
include at least one member each having
qualification of Post Graduate Degree in Law,
Management. Please clarify whether this
includes the Team Leader as well and whether
both degrees are required. In case both the
degrees are required, can one of the degrees be
held by a single team member and the other by
another team member?
Out the Team of four member
including Team leader, One
member should have Post
Graduate in law and one
member should have Post
graduate in management.
Please refer to Addendum no.1
The Law
Point
It is our understanding that any documents No change in the time lines.
prepared as an output would have to be The clause remains unchanged.
discussed with all the stakeholders involved
(including major ports) for their inputs which
would also have to mutually be agreed upon
between all the stakeholders. Please confirm if
our understanding is correct. If the same is
deemed to be correct, consultation and
coordination with each of the stakeholders
involved would be time consuming and in that
regard, the timeline contemplated in the QIT
appears insufficient. In such a case, would an
extension in the time line be considered?
The Law
Point
An Earnest Money Deposit (EMD) is required The clause remains unchanged.
to be submitted along with the bid proposal
and the same is required to be retained until
award of the tender in terms of Clause 16 (page
10). The same Clause states that upon award of
tender the EMD of the unsuccessful bidders
would be returned. However, it is unclear as to
what would happen to the EMD in respect of
the successful bidder. Further, a performance
bank guarantee of 10% of the total quotation is
4/06/2015
Page 3 of 7
IPA
RFP for Amend in MPT ACT
9
(Evaluatio Clause 8(b) of
n
of the Q.I.T
proposal)
J Sagar
Associates
10
(Gross
Annual
Revenue)
Form TP-2 of
the Q.I.T
J Sagar
Associates
11
(Selection Clause 3 of the
of
legal Q.I.T
consulting
firm)
J Sagar
Associates
Clarification on Pre-Bid Queries
Ref no :IPA/MSD/ICTD/Legal consultant/2015
also required to be furnished by the successful
bidder upon award of the tender which is
required to remain valid until completion of the
works. This is not a common practice for law
firms as no advance payment would be made
by the IPA. Invoices/Bills by Law Firms are
raised upon completion of any service
rendered. If the IPA so believes the service to
be incomplete, the IPA need not make such
payment and an appropriate forum may be
approached for misconduct, etc.
The EMD, if at all required to be submitted,
should be refundable to the Consultant upon
award of the tender and the performance
guarantee could possibly be dispensed with.
We request that this condition be waived in order Out the Team of four member
to allow all personnel having relevant experience including Team leader, One
to be included in the team.
member should have Post
Graduate in law and one
member should have Post
graduate in management.
Please refer to Addendum no.1
We request that this condition be waived. No.
However,
Auditor
However, we will be able provide a declaration Certificate confirming the
stating that the threshold specified in the bid annual revenue for the last 3
document has been complied with.
years will be accepted.
We request that the language of the Q.I.T be Yes as per Clause 3(ii)
modified to permit all the firms, which meet the However, the firm has to
bid criteria, to participate in the bid process.
satisfy the eligible conditions
stipulated in the RFP.
4/06/2015
Page 4 of 7
IPA
RFP for Amend in MPT ACT
Ref no :IPA/MSD/ICTD/Legal consultant/2015
12
(Earnest
Money
Deposit)
Clause 16 of
the Q.I.T
J Sagar
Associates
We request that this condition be waived.
13
Page 24 &
6
Form TP-2 &
Clause 5 (i)
J Sagar
Associates
We request that this condition be waived.
Alternatively, documentary evidence of the
assignments could be provided upon selection of
a bidder.
14
General
Suri &
Company
Law Firm
15
General
Suri &
Company
Law Firm
Clarification on Pre-Bid Queries
The clause remains unchanged.
In case of non disclosure
agreement, declaration by the
MD of the Firm with regard to
experience particulars will be
accepted. However, in the
event of selection of the firm,
the documentary evidence
from the client i.e. copy of
Work order /contract /LoE/
Engagement letter for each of
the assignments mentioned by
the firm in the technical
proposal shall be provided..
Are the proposed amendments in MPT Act The proposed amendments will
required separately for all major ports in India
apply to all the Major Port
or the amended provisions would apply Trusts.
unanimously to all major ports(both existing &
future ports) in India ?
Did Indian Ports Association (IPA) carry out Available relevant details will
similar exercise to amend the MPT Act be shared with the selected
previously? If yes, what was the scope of such firm.
amendments and would IPA share the details of
such amendments with the selected bidders for
comparison/review between the previous
amendments and the proposed amendments?
4/06/2015
Page 5 of 7
IPA
RFP for Amend in MPT ACT
16
Page 6
Clause 4(d)
Suri &
Company
Law Firm
17
Page 8
Clause 8(b)
Suri &
Company
Law Firm
18
Page 8
Clause 8 (note)
Clarification on Pre-Bid Queries
Suri &
Company
Law Firm
Ref no :IPA/MSD/ICTD/Legal consultant/2015
As per Par 4 point(d), one of the eligibility
conditions require that the gross annual revenue
of the applicant bidder from consultancy in each
of the last three financial years (i.e 2011-12,
2012-13 & 2013-14) should not less than 2
crores. In this regard, please clarify whether the
applicant bidder is required to submit duly
audited financial statements or a certificate from
a duly qualified chartered accountant/auditor
(Certifying that the revenue of the applicant firm
in each of the last three financial years was Rs 2
crores or more) would be sufficient to meet the
eligibility criteria mentioned in Para 4 point (d)
of the Tender?
Para 8 Point (b) requires that the team should
include at least one member who holds
qualification of Post Graduate degree in law,
Management. Please clarify it means one team
member should have Post Graduate degree in
both law and Management or in either of the
two(i.e Law or Management)
As per the Note to Para 8, the applicant bidder is
required to submit self-evaluation sheet in
respect of the eligibility criteria stipulated in
Para 8. Please clarify the intent and meaning of
this requirement and also provide the format in
which the said self-evaluation sheet is to be
submitted
4/06/2015
Page 6 of 7
Auditor Certificate confirming
the annual revenue for the last
3 years will be accepted.
Out the Team of four member
including Team leader, One
member should have Post
Graduate in law and one
member should have Post
graduate in management.
Please refer to Addendum no.1
The note at page no. 8 has been
modified as below.
The consultants shall submit
the technical proposal with
proper page numbering for
supporting documents.
Please refer to Addendum no.1
IPA
RFP for Amend in MPT ACT
19
Page 10
Clause 16
EMD
Suri &
Company
Law Firm
20
Page 8
Clause 6 (II.b)
Suri &
Company
Law Firm
21
Page 24
Form TP -2
Suri &
Company
Law Firm
Clarification on Pre-Bid Queries
Ref no :IPA/MSD/ICTD/Legal consultant/2015
As per para 16, the applicant bidder is required
to submit earnest money deposit (EMD) of Rs 1
lac along with the proposal. The said amount of
EMD of Rs 1 Lac appears to be on a higher side
and it is requested that the same may be reduced
by 50%
Para 6II.(b) states that the lumpsum quote should
be inclusive of all expenses which the consultant
may incur while exercising the assignment
including travel, boarding & lodging as required.
In this regard, please clarify what shall be the
expected requirement for travel by the consultant
in respect of the proposed assignment of IPA and
whether IPA will bear costs & expenses for
travel at the instance of IPA since it is expected
that IPA should bear the coast & expenses when
the travel is sought by the IPA and not the
consultant.
The format for Financial Proposal in form FP-2
has different columns for quoting milestone
based fee. Please confirm whether financial
proposed for each milestone is required to be
given or the applicant bidders can submit a
single consolidated financial proposal for all the
milestones.
4/06/2015
Page 7 of 7
The clause remains unchanged.
IPA will reimburse the travel
cost on the actual basis for the
travel to any other place other
than Delhi/NCR at the instance
of IPA.
Not necessarily. The financial
bid shall be evaluated on the
total consolidated amount
quoted by the firm.