Response to Bidders Queries for Tender No Revised/Roads/Kashmir/01

S.No.ReferenceQuery ReceivedResponse
1Completion Period:

 

Only 3 to 4 months period is available for execution of bituminous works in the Valley due to low temperature during Major portion of the year. In view of such Climatic conditions, the completion period of “15 Months” may please be modified to “15 working months”.Time of completion is now 18 months for bidder bidding for both lots. Completion time for Lot 1 is 12 months and lot 2 is 18 months. Refer corrigendum No 3.
2General Construction Experience:

 

During the Year 2005-2010 two major Infrastructure packages i.e. Railway Project through IRCON International Limited and Road Projects under JKERA were implemented and executed in the valley. In order to ensure the participation of Local Contractors the “last five years” as mentioned vide Clause 2.3.2 (Annual Construction Turnover), 2.4.1 (General Construction Experience), and 2.4.2(a) ( Specific Construction Experience), of the tender document may please be modified to “ Last five years or 2005-2010 years”Last Five Years may now be read as Last Seven Years (Fy 2013-14 to 2019-2020).

Refer Corrigendum No  03

3As per the bidding documents under clause 2.3.2 ( Annual Construction Turnover) and Clause 2.4.2 (a) (Specific Construction Experience)” – the requirement for the bidder during last five (%) years in Civil Engineering Construction work is very high almost double if we compare it with other tendering agencies like State PW(R&B) Department, PMGSY, ERA,BRO, NHAI, MoRT&H etc.

Keeping in view the usual turmoil situation in the state of J&K and the process of billing and subsequent release of payments to the contractors by the departments in the fund deficient State is quite slow directly affecting to maintain a good Annual Turnover of the Contractor. Hence Demonstrating of annual Construction turnover of such a magnitude for these tenders by Majority of local contractors is not possible thus limiting their participation.

It is therefore requested to your goodself to kindly give some relaxation /rebate under such clauses to maximize the participation of the local contractors.

The bidder has now option of bidding for individual lots  or both lots. The revised qualification criteria have been accordingly modified. Refer corrigendum No 3.
4Kindly Refer to sub clause 2.3.2 “Annual Construction Turnover” of Clause 2.3 “ Financial Situation and Performance” of Bidding Document for tender No. Revised/Roads/Kashmir/01 which reads as under:

 

 “Achieved in at least two financial years ( in the last five years) a minimum annual financial turnover in Civil Engineering Construction Work of INR 200 Crores ( Two hundred Crore rupees calculated as total certified payments received for Contracts in Progress or Completed”.

In this connection, we feel that the limit of INR 200 Crores for Annual Financial Turnover in Civil Engineering Construction Work is very High keeping in view the prevailing conditions in the valley during past five years. This limit will only prevent healthy competition in the bidding process and will not lead to healthy, fair and reasonable rates. We suggest that this limit may be lowered down to match with the past and present prevailing working conditions for ensuring fair competition to get fair and reasonable rates.

The objective of qualification criteria is to have sub projects executed by most competent agencies having the requisite financial and technical capacity.  However now bidder has option to bid for individual lots or combination of lots. Refer corrigendum No 3.
5Multiple Packages have been merged to Single Contract.In each package invited by your department, it has been observed that multiple packages have been merged to Single Contract resulting in non competence of Local Contractors.

Here in Jammu and Kashmir among all top ranked contractors, who are technically and financially sound are not able to participate besides having sufficient equipments and manpower in hand. The tenders shall have been invited for single roads instead of merging multiple roads.

SO the packages may be kindly split/ fragmented and the tenders shall be invited individually for all roads in order to enable local participations.

The package is now  divided into two lots. The Bidder has an option to bid for Individual Lots or the whole Package.

Refer Corrigendum 03

 

 

6Clause 2.4.2 (A) Instructions to Bidders regarding “Specific Experience”“Never Follow laws blindly

Law does not created humans,

Humans created laws”- (Grain Nelson)

“Try to be Law Changer than law Follower”- (Stifen Horn)

The Specific Experience criteria seem to be very different and higher than other working/contraction Departments. Usually the similar Experience is 25% for all high magnitude Contracts of MoRTH, NHAI, NHIDCL, BRO, CPWD and PWD. No doubt the World Bank funded tenders are having totally different conditions that all other departments and the Circular in this regard is also in our knowledge. The Employer (ERA/JTFRP)/Executing Agency is also bound unto the guidelines  and instructions framed by World Bank but the guidelines and rules are framed for the welfare/betterment of Nation, society and all associates of the concerned not to make it complicated or against any community.

If Specific Experience will not be relaxed and will not be fixed like other Works Departments who have build all highways network and other Infrastructure of our country, then how come it is possible for a contractor/construction Company to increase its credentility and to bag higher contracts than he executed in the past as the specific Experience Criteria fixed by your department seems 100% of the invited Contract Value.

Moreover, higher value of “Specific Experience” is nothing to do with the quality and timely execution of the project. It is seeked to check that a person/company who is financially and technically sound is having idea of similar construction, idea of material used, idea of equipment used and other aspects.

So it is requested to make it convenient for all local contractors by fixing Specific Experience @ 25% of the Contract Value as like all other Construction Departments are fixing it.

And Please clarify, if this type of supremacy laws will be implemented in all working departments, then how a Construction Company can Increase its credentials and how can a company bag higher Contracts. This may also be clarified that high magnitude Contracts of Highways, ROB’s, RUB’s and Tunnels have been successfully completed by the Departments who are entertaining similar experience of 25% only, then why what is more special with World Bank Project, when the difference is only in terms of Funding source not by specification and working procedure.

 

Refer response to query No 4.

7Financial Turnover, Credit Lines and Working Capital.The same shall be in accordance with all working Departments who are also working for the development of poor country. 

Refer response to query No 4.

8All Road PackagesIt has been noticed that the tenders invited by your good self have been formulated by merging two or more roads in a single tender. The location of these works in the same tender is different altogether, one being in one district and others in different districts. Bifurcating a single road package wouldn’t have been a genuine demand but bifurcation of different roads falling in different districts seems to be a genuine concern for the contractors fraternity of Kashmir.

The financial turnover of the local contractors is not that much in order to meet the requirements in the said contracts and in order to provide employment in the region. It is requested to bifurcate the tenders.

It is once again requested to bifurcate the said contracts so that these works will be completed well within the available time frame, when executed by different contractors at the same time. This will also result in healthy competition and maximum participation which in turn is beneficial to the Govt. Exchequer.

 

 

The package is now  divided into two lots. The Bidder has an option to bid for Individual Lots or the whole Package. Refer  Corrigendum 03.

 

92.3 Financial Situation and Performance

Clause No. 2.3.2 Annual Construction Turnover  Page No. 43

“Achieved in at least two financial years ( in the last five years) a minimum annual financial turnover in Civil Engineering Construction Work of INR 200 Crores ( Two hundred crore rupees calculated as total certified payments received for Contracts in Progress or Completed”.

1.       It is submitted that the required turnover be reduced by 25% i.e. 150 Cr so as to increase the maximum participation and healthy Competition.

 

2.       It is submitted that the required turnover be demanded from last 7 financial Years instead of 5 financial years as required in Bid Document.

1.        Refer response to query no 4.

 

 

 

 

2.       Accepted, may refer Corrigendum 03.

10Experience :

Clause No: 2.4.2 (a) Specific Construction Experience Page No 45

1.       It is submitted that the required similar works be reduced by 25% i.e. 80 Cr, so as to increase the maximum participation and healthy Competition.

2.       It is submitted that the required turnover be demanded from last 7 financial years instead of 5 financial years as required in the bid document.

1.       Refer response to query no 6.

 

 

 

2.       Accepted, may refer Corrigendum 03.

11GeneralIt is also requested the completion period of the above subject work may be enhanced to three years, as it is not possible to complete the work in a given period of time.Refer response to query no 1.
12GeneralFurther it is also requested that the Concrete road may also be considered as similar type of work for the above subject.Since the Roads are of Flexible Pavement type, hence the change asked for is not accepted.

 

13Section III- Evaluation and Qualification Criteria, Clause 2.3 Financial Situation and Performance, Sub Clause 2.3.2 Annual Construction Turnover.Please Clarify whether the Bidder should have achieved required turnover individually in 2 Years during the Last 5 years or the Bidder should have achieved required turnover cumulatively from 2 years during Last 5 years.

If we have achieved such turnover in any one year from last 5 years do we fulfill the criteria.

 

The Bidder should have achieved the specified Annual Financial Turnover in  any two years  in the Last Seven  Years satisfying the criteria for each Year separately .

If any bidder has achieved the Specified Annual Financial turn over only in any one year from the  Last Seven  Years, the bidder  does not fulfill the criteria.

(Besides, Last Five Years as mentioned in the bid document may now be read as Last Seven Years, Refer Corrigendum No 03 )

14Section III – Evaluation and Qualification Criteria, Clause 2.4 Experience, sub clause 2.4.2(a): Specific Construction Experience.Please Clarify whether in case of Joint Venture, one member (Lead Member) should meet 100% requirement or he should meet 50% of requirement.Any one of the JV members

must meet requirement.

Refer Corrigendum No. 03.

17Date ExtensionWe intend to participate in the bid process for the aforementioned tenders, due to less time available for submitting the tenders, it is requested to kindly extend the date for submission of bids for at least one month from the actual bid submission date i.e. upto 14th December 2019.The Last date for bid submission has been extended upto 18-12-2019.

Refer Corrigendum 04.

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