Corrigendum 6
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ADDENDUM & CORRIGENDUM - 6 Dated: 16.09.2020 Request for proposal (RFP) for Selection of Master ETC Service Provider at National Highways Fee Plazas RFP Reference No.: IHMCL/Master ESP/2020/01 published on dated 25.06.2020 Sl. Section/Reference Original Clause Updated Clause No. 1. Clause 3.2 Eligibility The bidder shall be one of the following: The bidder shall be one of the following: Criteria Sl. # 1 – Legal Entity a) A business entity (“Sole Bidder”) c) A business entity (“Sole Bidder”) incorporated under the Companies Act incorporated under the Companies Act 1956/2013 or Limited Liability 1956/2013 or Limited Liability Partnerships Partnerships Act 2008 or equivalent Act 2008 or equivalent law/Act in the law/Act in the country of jurisdiction. country of jurisdiction. OR, OR, b) A Consortium of business entities d) A Consortium of business entities (“Consortium”), where each Member of (“Consortium”), where each Member of the Consortium shall be incorporated the Consortium shall be incorporated under under the Companies Act 1956/2013 or the Companies Act 1956/2013 or Limited Limited Liability Partnerships Act 2008 or Liability Partnerships Act 2008 or equivalent law/Act in the country of equivalent law/Act in the country of jurisdiction, subject to following points: jurisdiction, subject to following points: i. members of the Consortium shall i. members of the Consortium shall nominate one member as the lead nominate one member as the lead member (the “Lead Member”), who member (the “Lead Member”), who shall be responsible for all shall be responsible for all interactions with IHMCL; interactions with IHMCL; ii. maximum number of members in the ii. maximum number of members in the Consortium shall be two (2), Consortium shall be two (2), including including the Lead Member; the Lead Member; iii. the members in the Consortium shall iii. the members in the Consortium shall be jointly and severally liable; be jointly and severally liable; iv. any entity who has submitted iv. any entity who has submitted Proposal Proposal for this RFP in its individual for this RFP in its individual capacity capacity or as part of a Consortium or as part of a Consortium cannot cannot participate as a member of participate as a member of any other any other Consortium; Consortium; v. the members of the Consortium shall v. the members of the Consortium shall execute a Power of Attorney for execute a Power of Attorney for Lead Lead Member of Consortium; Member of Consortium; vi. the members of the Consortium shall vi. the members of the Consortium shall enter into a Memorandum of enter into a Memorandum of Understanding (MoU) for the Understanding (MoU) for the purpose purpose of submission of the of submission of the Proposal. Proposal. The Sole Bidder / all members in case of a The Sole Bidder / all members in case of a Consortium should be registered with GST in Consortium should be registered with GST in India. Page 1 of 22 Sl. Section/Reference Original Clause Updated Clause No. India. In case any Consortium member is a In case any Consortium member is a foreign foreign entity, the Bidder can give an entity, the Bidder can give an undertaking undertaking along with the Proposal that in along with the Proposal that in case of award case of award of Contract, the foreign entity of Contract, the foreign entity shall register with shall register with the GST Authority within 30 the GST Authority within 30 90 days of Award days of Award of Contract. of Contract. Further, in case the Sole Bidder or Lead Member of the Consortium(in case of a Consortium) is a foreign entity, the Sole Bidder or the Lead Member shall be required to execute the project through a subsidiary company registered under Company Act 2013 in India holding minimum equity stake equal to 51% in the subsidiary company throughout the entire Contract Period. The subsidiary company shall be required to be registered with GST authority with 90 days from the Award of Contract. 2. Corrigendum 4, SI # The Sole Bidder or the Lead Member in case The Sole Bidder or the Lead Member in case 1, Clause 3.2.1, of Consortium should have an average of Consortium should have an average annual Eligibility/Pre- annual turnover of minimum Rs. 200 crores turnover of minimum Rs. 200 crores during Qualification criteria, during the last three (03) financial years, i.e. the last three (03) financial years, i.e. FY page no. 1 FY 2016-17, FY 2017-18 and FY 2018-19 2017-18, FY 2018-19 and FY 2019-20. For the purpose of this criterion, annual For the purpose of this criterion, annual turnover of only the bidding entity will be turnover of only the bidding entity will be considered. Annual turnover of any parent, considered. Annual turnover of any parent, subsidiary, associated or other related entity subsidiary, associated or other related entity will not be considered. will not be considered. Supporting Documents to be provided Supporting Documents to be provided For Sole Bidder or the Lead Bidder of For Sole Bidder or the Lead Bidder of Consortium: Consortium: a) Relevant extracts of audited financial a) Relevant extracts of audited financial statements for the last three financial statements for the last three financial years years FY 2016-17, FY 2017-18 and FY FY 2016-17, FY 2017-18, and FY 2018-19 2018-19 and FY 2019-20 AND AND b) Certificate from the Statutory Auditor on b) Certificate from the Statutory Auditor on turnover details over the last three (3) turnover details over the last three (3) financial years FY 2016-17, FY 2017-18 financial years FY 2016-17, FY 2017-18, and FY 2018-19 and FY 2018-19 and FY 2019-20 As per format provided in Annexure 4 As per format provided in Annexure 4 with necessary modification in Financial Year in line with above. In case of any difference in financial year prevalent in the country of jurisdiction, only the annual turnover of relevant years shall be considered for evaluation. Page 2 of 22 Sl. Section/Reference Original Clause Updated Clause No. 3. Corrigendum 4, SI # Average annual turnover of the Sole Bidder Average annual turnover of the Sole Bidder or 2, Clause 3.21.3, or Lead member, in case of Consortium, Lead member, in case of Consortium, during Evaluation during the last three (03) financial years, i.e. the last three (03) financial years, i.e. FY 2016- Parameters for FY 2016-17, FY 2017-18 and FY 2018-19 17, FY 2017-18, and FY 2018-19 and FY Technical Proposal, 2019-20 sub-clause A, Sole Marks shall be allotted as given below: bidder/Lead Member >INR 400 = 25 marks Marks shall be allotted as given below: Profile, page no. 1 >INR 300 and up to INR 400 Crore = 20 >INR 400 = 25 marks marks >INR 300 and up to INR 400 Crore = 20 >= INR 200 and up to INR 300 Crore = marks 10 marks >= INR 200 and up to INR 300 Crore = 10 marks For the purpose of this criterion, annual turnover of only the bidding entity will be For the purpose of this criterion, annual considered. Annual turnover of any parent, turnover of only the bidding entity will be subsidiary, associated or other related entity considered. Annual turnover of any parent, will not be considered. subsidiary, associated or other related entity will not be considered. Supporting Document required Supporting Document required Certificate from the Statutory auditor clearly specifying the annual turnover for the Certificate from the Statutory auditor clearly specified years. specifying the annual turnover for the specified years. In case of any difference in financial year prevalent in the country of jurisdiction, only the annual turnover of relevant years shall be considered for evaluation. 4. ADDENDUM & ICT Project Experience ICT Project Experience CORRIGENDUM -1, Sl # 2, Eligibility/Pre- The Sole Bidder or the Lead Member in case The Sole Bidder or the Lead Member any of Consortium should have been successfully Member(s) of the Consortium individually Qualification awarded and implemented large scale ICT or combined (in case of Consortium) should project (s) related to end- to end IT system have been successfully awarded and Implementation and , Operation & implemented large scale ICT project (s) related Maintenance in India or abroad during last to end- to end IT system Implementation five seven years for Central/State and, Operation & Maintenance in India or Government departments/entities abroad during last five seven years for including PSUs as on the Bid Due Date as Central/State Government below: departments/entities including PSUs as on the Bid Due Date as At least one project with contract below: value minimum INR 80 Crore Or, At least one project with contract value At least 2 projects with contract value minimum INR 80 Crore minimum INR 50 Crore Or, Or, At least 2 projects with contract value At least 3 projects with contract value minimum INR 50 Crore minimum INR 40 Crore Or, At least 3 projects with contract value minimum INR 40 Crore Page 3 of 22 Sl. Section/Reference Original Clause Updated Clause No. The project(s) should have been either completed or an ongoing project where The project(s) should have been either deliverable or milestone has been completed or an ongoing project where successfully met. deliverable or milestone has been successfully met. 5. ADDENDUM & The Sole Bidder or the Lead Member in case The Sole Bidder or the Lead Member any CORRIGENDUM -1, of Consortium should have been successfully Member(s) of the Consortium individually Sl # 8, Eligibility/Pre- awarded and implemented large scale ICT or combined (in case of Consortium) should project (s) related to