transport department - punjab, pakistan of firm… · “ppp rules” mean the punjab public...

TRANSPORT DEPARTMENT

GOVERNMENT OF PUNJAB

LAHORE, PAKISTAN

PREQUALIFICATION OF FIRMS / CONSORTIUM FOR ESTABLISHMENT OF MULTI-MODAL

INTERCITY BUS

TERMINALS IN LAHORE CITY, PUNJAB, PAKISTAN

ON BUILD OPERATE TRANSFER MODE

_____ July 2017

Reference: Multi-Modal Intercity Bus Terminals Project

Islamic Republic of Pakistan

The Grantor hereby invites Applications for Prequalification from interested companies or consortia to be

prequalified to bid on a PPP tender for the development, construction, operation, maintenance and financing of

MIBTs in PPP mode on BOT basis. The Concession Agreement will be awarded through a competitive bidding

process open to both local and international Prequalified Applicants.

The following prequalification procedure will be adopted for the purposes of shortlisting of the Applicants:

1. This RFQ is provided with a project brief (which gives Applicants an overview of the Project).

2. Each Applicant whose Application for Prequalification is determined to be substantially responsive to the

Evaluation Criteria shall be designated as the Prequalified Applicants.

3. The Prequalified Applicants shall be invited to participate in the Bidding Process for the Project.

The Applications for Prequalification must be delivered no later than (Insert time) on (Insert date), at the

address indicated in Section 8 of the RFQ.

Sincerely.

[Insert name]

[Insert designation]

[Insert address]

IMPORTANT NOTICE

The RFQ is provided to the recipient solely for use in preparing and submitting applications for prequalification

in a competitive bidding for the Project. The RFQ is being issued by the Grantor solely for use by prospective

investors in considering the Project. The RFQ has been prepared with the assistance of M/s. Sampak

International as the TA, EY Ford Rhodes as the financial advisor and HaidermotaBNR & Co. as the legal

advisor.

None of the above entities, nor their employees or consultants make any representation (expressed or implied)

or warranties as to the accuracy or completeness of the information contained herein, in the project brief or

other document made available to a person in connection with the tender process for the Project, and shall have

no liability for this RFQ or for any other written or oral communication transmitted to the recipient / Applicant

in the course of the recipient’s / Applicant’s evaluation of the Project. Neither these entities nor their employees

or consultants will be liable to reimburse or compensate the recipient / Applicant, for any costs or expenses

incurred by the recipient / Applicant in evaluating or acting upon this RFQ or otherwise in connection with the

Project as contemplated herein.

The RFQ does not constitute a solicitation to invest, or otherwise participate, in the Project.

1 DEFINITIONS AND RULES OF INTERPRETATION

1.1 All capitalized terms used herein shall have the following meaning:

“Applicant” means the legal entity who has submitted an Application for Prequalification to

participate in the prequalification process in terms of this RFQ and includes a Consortium and, if

applicable, any Parent Company.

“Parent Company” means a company incorporated in or outside of Pakistan, who owns fifty percent

(50%) shareholding (directly or indirectly) in the Applicant or a Consortium Member (as the case

maybe), whose technical and/or financial strength has been relied upon by such Applicant or a

Consortium Member (as the case maybe) to satisfy the Evaluation Criteria.

“Applications for Prequalification” means the application for prequalification prepared in

accordance with the provisions of this RFQ.

“Bidding Process” means the competitive bidding process to be carried out for the selection of a

Concessionaire for this Project under the PPP Act and the PPP Rules in accordance with the RFP.

“BOT” means the built, operate and transfer mode in terms of the PPP Act.

“Concessionaire” means the Prequalified Applicant declared as the successful bidder in terms of the

RFP, who executes the Concession Agreement.

“Concession Agreement” means the concession agreement to be signed between the Grantor and the

SPV for the development of the Project.

“Concessionaire Guarantee” shall have the meaning given to that term in Section 2.2.5.

“Concession Period” shall have the meaning given to that term in Section 4.2.3.

“Consortium” means an Applicant participating in the prequalification process in the form of a

consortium meeting the requirements set out in this RFQ.

“Consortium Member” has the meaning given to that term in Section 2.5.1.

“Grantor” means the Transport Department, Government of Punjab.

“Evaluation Criteria” means the legal, technical and financial criteria and other conditions and

requirements specified in the RFQ, as may be amended from time to time.

“GOPb” means the Government of Punjab.

“Land” shall have to the meaning given to that term in Section 4.2.2.

“Lead Member” shall have to the meaning given to that term in Section 2.5.1.

“Letter of Intent” means the instrument to be submitted as part of the Application for Prequalification

in the form attached as Appendix C.

“MIBT” means the Multi-Modal Inter-City Bus Terminals located as Shahdara and / or Thokar.

“Notification” shall have the meaning given to that term in Section 4.3.5.

“Pakistan” means the Islamic Republic of Pakistan.

“PPP” means Public Private Partnership in terms of the PPP Act.

“PPP Act” means the Punjab Public Private Partnership Act, 2014.

“PPP Rules” mean the Punjab Public Private Partnership Rules, 2014.

“Project” means the development, construction, operation, maintenance and financing of the MIBTs

on BOT basis.

“Prequalified Applicants” means the Applicants whose Application for Prequalification are declared

substantially responsive in accordance with the Evaluation Criteria.

“RFP” means the request for proposals to be issued to Prequalified Applicants by the Grantor, which

will include, inter alia, the instructions to bidders, the draft Concession Agreement, the draft land lease

agreement and the escrow arrangement for receipt and distribution of Project revenues.

“Request for Qualification” or “RFQ” means this document setting out the terms and conditions for

the prequalification process in respect of the Project.

“SPV” means the special purpose vehicle incorporated in Pakistan by the Concessionaire for the

development and implementation of the Project meeting the requirements set out in the RFQ and any

additional requirements to be included in the RFP.

“Submission Deadline” has the meaning given to that term in Section 8.1.

“TA” means the technical advisor appointed by the Grantor for providing technical advice in relation

to the Project.

1.2 RULES OF INTERPRETATION

The following rules shall be applied in the interpretation of the following provisions of the RFQ:

1.2.1 The singular shall include the plural and vice versa, where appropriate.

1.2.2 The expressions section or appendix shall respectively mean a section or appendix of this RFQ.

1.2.3 A reference to any legislation or legislative provision includes any statutory modification,

amendment or re-enactment of or legislative provision substituted for, and any subordinate

legislation/rules/regulations under that legislation or legislative provision.

1.2.4 The words “including” and “includes”, and any variants of those words, will be read as if

followed by the words “without limitation”.

2 INTRODUCTION

2.1 PROJECT BACKGROUND

2.1.1 Lahore is the second largest city of Pakistan with a population of over ten (10) million. The city

spreads out over an area of about twenty-five (25) kilometers by twenty-five (25) kilometers.

However, due to the Indian border towards the east, the expansion is pushing the city towards the

north beyond the Ravi River and the south, towards Multan Road. Looking at the present trend it can

be seen that residential areas are also expanding towards the east of the city on Ferozepur Road and

new defense housing phases.

2.1.2 Currently fast urban development and commercial activities in Lahore are consuming the land near

major road networks and it is quite difficult to secure a large chunk of land for constructing central bus

terminal catering to more than six thousand (6,000) incoming and outgoing intercity trips daily.

2.1.3 Badami Bagh General Bus Stand at Circular Road and City Terminal at Band Road are currently the

only main bus terminals where mainstream intercity bus operations are undertaken. Considering the

rush of passengers and vehicles at both terminals, it is essential to provide bus terminals of international

standards at two different locations in Lahore, so that better intercity transport facilities are available

to the general public.

2.1.4 The Grantor has therefore decided to establish two (2) MIBTs in PPP mode on BOT basis in Lahore.

2.1.5 The new terminals are to be designed, so as to facilitate intercity passengers with modern

facilities of international standards. These MIBTs will be connected to the Metro Bus / rail system,

intra- city transport system, railway and with proper road links to Allama Iqbal International Airport,

via the Lahore Ring Road, with an emphasis on reducing travel time and discomfort to the intercity

passengers.

2.2 INSTRUCTIONS TO PROSPECTIVE APPLICANTS

2.2.1 The Grantor hereby invites interested private sector parties through this RFQ to submit their

Applications for Prequalification along with all required documents, specified in this RFQ.

2.2.2 The Grantor wishes to engage the private sector for bringing their capital, experience and expertise in

the development and management of the Project. The private sector shall undertake the development,

construction, operation, maintenance and financing of the MIBTs.

2.2.3 The Concession Agreement will be awarded through a Bidding Process open to local and international

Prequalified Applicants only.

2.2.4 The Project shall be a solicited proposal through a single-stage two-envelope Bidding Process, to be

conducted in accordance with the PPP Act and the PPP Rules.

2.2.5 The Project will be structured as a Concession Agreement between the Grantor and the SPV established

by the Concessionaire who emerges as the successful bidder during the Bidding Process. The

Concessionaire (including all Consortium Members in case of a Consortium) will execute a guarantee

in form and substance acceptable to the Grantor (as included in the RFP), guaranteeing all the

obligations of the SPV under the Concession Agreement (the “Concessionaire Guarantee”).

2.2.6 The Concessionaire shall be responsible for the development, construction, operations and maintenance

of the MIBTs.

2.2.7 To assist the Applicants, the Grantor has set out, in Section 4, the tentative and non-binding details of

the concessions it proposes to make available by the Grantor under the Concession Agreement. By no

means are these concessions to be considered final. Final concessions will be set out in the RFP for the

Project following a consultative session with all relevant stakeholders and approval from all relevant

agencies departments of the GOPb.

2.3 PROJECT LOCATION

The locations selected for the development of the Project are:

2.3.1 Thokar MIBT

Thokar Niaz Baig Interchange MIBT, a sizeable chunk of government-owned land measuring

approximately 102,000/- Sq M. The site is on Multan Road and in close vicinity to the Motorway

(M-2). the MIBT at this location will facilitate the movement of transport coming from south (major

influx) as well as from the north of the country (using the Motorway). Architectural design layout

is attached as Annex-A.

2.3.2 Shahdara MIBT

Shahdara MIBT, a sizeable piece of government-owned land measuring approximately 110,000/- Sq

Mtrs. the MIBT at this location aims to resolve the issue of traffic coming from the north of the country

(via GT Road) and the traffic coming from the south of the country through Shahdara Interchange.

This terminal will be on the main GT Road which will facilitate the intercity transport. Architectural

design layout is attached as Annex-B.

LOCATION MAP

The location map is as follows:

2.4 PURPOSE OF RFQ

2.4.1 The purpose of this RFQ is to:

(a) provide interested parties with the background of the Project;

(b) set out the objectives and the proposed commercial principles governing the Project;

(c) communicate the expectations of the Grantor in seeking private sector investment and

participation;

(d) explain the intended procurement process;

(e) outline the Evaluation Criteria;

(f) specify the terms and conditions for participation in this prequalification process for prospective

Applicants; and

(g) elicit responses from Applicants with the skills, knowledge, experience, capability, financial

resources, capacity and approach necessary to design, procure, build, finance, operate and

maintain the Project.

2.5 CONSORTIUM

2.5.1 An Applicant may participate in the prequalification process either individually or in the form a

consortium comprised of companies, firms, corporate bodies or other legal entities, each of which shall

constitute members of the Consortium (a “Consortium Member”). In the event that an Applicant is a

Consortium it shall appoint and authorize one (1) Consortium Member as the lead member (the “Lead

Member”). The Prequalified Applicant shall be required to meet the criteria stated in this RFQ and,

during the Bidding Process, any additional requirements set out in the RFP. The Lead Member shall

represent and irrevocably bind all Consortium Members in all matters connected with the

prequalification process and the Bidding Process for the Project, including, but not limited to, the

submission of the Application for Prequalification on behalf of the Consortium.

2.5.2 For the purposes of this RFQ the Applicants participating as a Consortium are required to submit a

Letter of Intent as part of their Applications for Prequalification. The shareholding percentage of each

Consortium Member in the SPV shall be stated in the Letter of Intent and shall be locked, subject to

any changes permitted in terms of the RFP. Any change in the Consortium shall be subject to the terms

and conditions to be stated in the RFP. Each Consortium Member shall be jointly and severally liable

for the obligations of the Concessionaire and the SPV.

2.6 PARENT COMPANY

2.6.1 The Applicant, or in the case of the Consortium, any Consortium Member, may elect to present

evidence of projects undertaken by its Parent Company to satisfy the Evaluation Criteria. In doing so,

it must demonstrate to the satisfaction of the Grantor, and in accordance with the Evaluation Criteria

set out in Section 6, that the relevant skills and resources of the Parent Company will be available to

the Applicant including the Consortium Member during the Concession Period.

2.6.2 Similarly, an Applicant, or in the case of the Consortium, any Consortium Member, may elect to present

financial statements of their Parent Company to satisfy the Evaluation Criteria.

2.6.3 Should an Applicant or, if applicable, any Consortium Member rely on the strength of its Parent

Company to satisfy the Evaluation Criteria, such Parent Company shall sign the Concessionaire

Guarantee along with the Applicant and, if applicable, all other Consortium Members. Alternatively,

the Parent Company may provide a separate guarantee in form and substance acceptable to the Grantor

as provided for in the RFP.

2.7 PRE-QUALIFICATION APPLICATION PREPRATION AND SUBMISSION COSTS

2.7.1 The Applicant shall bear all costs associated with the preparation and submission of its Application for

Prequalification, including, without limitation, all costs and expenses related to the Applicant’s

preparation of responses to questions or requests for clarification.

3 PROJECT OBJECTIVES

3.1.1 In response to the growing importance of efficient public infrastructure in driving sustainable economic

development and growth, lifting levels of productivity and boosting regional employment, the GOPb

has embraced the PPP model as a key strategy for the accelerated delivery of its public infrastructure.

The Grantor’s objectives for the Project include:

(a) to improve the quality of public transport services in Lahore;

(b) to provide state-of-the-art intercity bus terminals; and

(c) ease congestion, pollution and reduce travel time for passengers.

4 COMMERCIAL PRINCIPLES

4.1 REQUEST FOR PROPOSAL

4.1.1 This Section provides key obligations of the Concessionaire and major concessions being considered

by the Grantor for inclusion in the Concession Agreement. By no means are these proposed concessions

final. Final terms shall be included in the RFP following consultation with the Prequalified Applicants

and approvals from all relevant agencies and departments of the GOPb.

4.1.2 Design and Construction of Multi-Modal Intercity Bus Terminals

The RFP shall include the soil investigation reports prepared by the TA, however, the responsibility of

validation / updating of these reports shall be with the Prequalified Applicants and the site risk shall be

borne by the Concessionaire. Underground water quality tests and other relevant investigations which

are not done by the TA shall also be conducted by the Concessionaire.

During the Bidding Process, and as part of the RFP, the Prequalified Applicant shall be provided with

the preliminary design and engineering assessments made by the TA, which will not be binding on the

Prequalified Applicant and without recourse to the Grantor. The Prequalified Applicants and the

Concessionaire shall perform its own due diligence and study and prepare its own engineering designs

and drawings to meet the requirements for provision of facilities and amenities at terminals as well as

conformity to engineering standards, material specifications, space requirements for different facilities

by hiring the services of competent well reputed engineering/ architectural firms or consultants, the

detail of which shall be indicated in the RFP.

Each Prequalified Applicant, shall as part of its proposal under the RFP, shall be required to submit its

conceptual design for the Project, which will include the terminal master plan, the building plans, the

utilities plans for Project area, area drainage, the signage plan, the traffic circulation plan, rough cost

estimates and architectural design. The conceptual design shall be in conformity with the requirements

for provision of facilities for the MIBTs which include but shall not be limited to: the capacity of the

terminals to handle peak hours intercity buses, departure and arrival bays and idle parking for buses,

intra-city bus bays, amenities such ticketing counters, waiting halls, fuel station, driver’s rest rooms,

washing areas, repair and service facilities (workshops), pick & drop lanes, hotel, motels, public toilets,

internet facilities, food courts, security system, firefighting system, 24/7 electricity supply etc.,

commercial space for shops and offices including banks, ATMs, business center, meeting rooms, cargo

offices etc. and other compatible uses associated with bus terminals such as horticulture, IT system

control rooms, waste management arrangement, landscaping, etc. All the designs and engineering

drawings shall be based on the results of the Prequalified Applicant’s soil and other investigations and

will be integrated with infrastructure development outsides MIBTs, initial environment impact

assessment and traffic assessments to be conducted on the sites.

The detailed engineering design and drawings (along with other specific information including detailed

engineering cost estimate, item-wise specification and quantities of all material, equipment and

components to be incorporated in the Project) will be submitted by the Concessionaire after award in

accordance with the timelines stated in the RFP. Such designs and drawings and other information shall

be validated by an independent engineer or engineering firm as appointed by the Grantor before

commencement of construction work. The role of the independent engineer / engineering firm shall be

to assess and ensure quality of construction, materials testing, building structures, conformity of civil

works as per approved plans, conformity of applicable by-laws and regulations and conformity with

the technical requirements of the Concession Agreement.

The Approval of the final design by the concerned departments/ agencies and the Grantor shall be

mandatory. The construction of terminals shall be made in accordance with construction standards,

material specifications and quality standards laid down in the RFP.

4.1.3 Operation and Management of Multi-Modal Intercity Bus Terminals

The Concessionaire shall be expected to operate and manage the MIBTs and shall be responsible for

the efficient, hassle-free operations of intercity buses in accordance to schedules and service levels

notified by the Grantor from time to time or defined in the key performance indicators in the Concession

Agreement. The management of terminals to handle incoming and outgoing traffic, circulation and

movement of passengers within terminals, safety of passengers, training of terminal staff, route

planning, security arrangements, up and down time of the IT systems, the IT tools (websites &

servers, etc.), performance and upgradation of equipment installed at each MIBT shall be the

responsibility of Concessionaire. In addition, the Concessionaire shall also closely monitor the

operations of intercity bus services at each MIBT terminal operated through different bus operators in

the scheduling and management of intercity bus operations including the management of routes,

number of buses on particular route and the fitness of vehicles. It shall be the responsibility of the

Concessionaire to ensure that adequate facilities are provided and available to passengers, operators,

drivers and visitors during peak and off-peak hours. The effective management of bus operations to

meet the passenger demand on any given day, especially national and/or local events shall be managed

by the Concessionaire. Failure to meet the operations, management and maintenance parameters may

lead to damages being applied through well-defined key performance indicators in the Concession

Agreement.

4.1.4 Customer Care and Quality Review

The Concessionaire shall be expected to provide facilities for customers to register complaints and

inquiries regarding bus routes and scheduling, fare and other facilities. The Concessionaire shall

prepare and implement the customer care management plan for addressing customer complaints. The

Concessionaire shall establish dedicated helpline (UAN) to register complaints/ suggestions/

improvements regarding the services offered at the terminals. Such customer facilities shall be

expected to meet international standards which shall be defined in the Concession Agreement. The

Concessionaire shall be expected to ensure that the routes and schedules of intercity transport at each

terminal are properly communicated to passengers, which includes communication through variable

messaging sign at each MIBT site, the website and 24/7 telephonic services. The Concessionaire shall

ensure latest and updated internet/ wifi facilities for customers at MIBTs. The Concessionaire shall also

be expected to address the concerns of the bus operators and facilitate them in the preparation of

intercity bus routes, schedules, and number of buses to be operated on any given day. It is the

Concessionaire’s responsibility to ensure that the bus operators are operating their buses according to

rules and regulations defined by GoPb and Concession Agreement. The Concessionaire shall be

responsible for online and at-terminal booking / ticketing procedures. Failure to meet the customer

services goals may lead to damages being imposed through well-defined key performance indicators

in the Concession Agreement

4.1.5 Financial, Legal and Contractual Compliance

The revenues of the Project shall be routed through an escrow account. Mechanism for receipt and

disbursement of funds under the escrow account arrangement shall be provided in the Concession

Agreement as part of the RFP.

The Concessionaire shall keep the record of all financial and accounting documents and will prepare

financial statements as per applicable laws and share those with the Grantor and the independent auditor

from time to time.

The roles and responsibilities of independent auditor and the independent engineer to be appointed

under the Concession Agreement shall be provided in Concession Agreement as part of the RFP.

Broadly, the independent auditor will audit all Project revenues to ensure the Grantor is receiving its

share of the revenue in terms of the Concession Agreement; the independent engineer will monitor the

progress of the construction phase and, subsequently, compliance with key performance indicators

during operations.

The Concessionaire shall be required to discharge its obligations under the Concession Agreement in

accordance with the applicable laws and prudent industry practices.

4.1.6 Management Information System

A well designed, high performance and robust IT system is essential for the automation of MIBT

business processes in order to attain high degree of efficiency in managing operations of bus terminals

and maintaining quality of customer services. The Concessionaire shall design and develop a turnkey

solution for IT system and database management system and shall be responsible to submit detailed

system architecture and specifications to the Grantor for its review and approval. The database shall

have the ability for its integration with GOPb databases such as vehicle registration, vehicle fitness,

route permits, driving license, etc.

The Concessionaire shall develop a comprehensive Management Information System (MIS) which

allows monitoring of the terminal operations encompassing the bus bays, waiting areas, parking bays

occupancy, fee collections, management offices, hotel occupancy and number and time of vehicles

entering and leaving the terminal. A robust reporting suit shall be developed by Concessionaire as part

of MIS system.

A well–designed security and surveillance system shall be developed by the Concessionaire for live

monitoring of terminals. The adequate numbers of CCTV cameras shall be installed to cordon areas

within and outside terminals and access of the same shall be made available to the Grantor.

The IT system shall include an integrated suite of customized and/or off-the-shelf software designed to

centrally support all aspects of the MIBTs operations, including revenue collection, expenditure, and

vehicle management. Failure to meet the IT requirements (hardware & software) may lead to damages

being imposed through well-defined key performance indicators in the Concession Agreement. The

Concessionaire shall keep the record of all financial and accounting documents and must prepare

financial statements (monthly, bi-annually and annually) and share them with the Grantor and third

party validation firm / independent auditor for the purpose of monitoring the revenue of the Project.

4.2 KEY FEATURES OF THE CONCESSION AGREEMENT

4.2.1 Special Purpose Vehicle

(a) The Concessionaire shall be required to establish an SPV. The SPV shall enter into the Concession

Agreement with the Grantor. The Concessionaire shall provide the Concessionaire Guarantee to

the Grantor, guaranteeing all the obligations of the SPV.

4.2.2 Land

(a) The land for the establishment of the Project (the “Land”) shall be provided to the Concessionaire

on a monthly lease by the Grantor for the entire Concession Period. There will be an annual increase

in the rent, which shall be specified in the RFP.

(b) The terms of the lease shall be given in the draft land lease agreement, which shall be provided in

the RFP.

4.2.3 Construction, Operation and Concession Periods

(a) The concession period shall commence upon the notification of allotment of land issued by the

Grantor (the “Notification”) and shall be [twenty (20)] years therefrom (the “Concession

Period”).

(b) The expected construction time for the MIBTs shall not exceed two (2) years from issuance of the

Notification. The precise date shall be specified in the RFP.

(c) The operations and maintenance period for each MIBT shall commence upon construction

completion of each MIBT (in accordance with the requirements of the Concession Agreement) and

continue till the expiry of the Concession Period.

(d) The Concessionaire will be compensated for delays in achieving the operations start date if the

delay occurs due to the non-performance of obligations of the Grantor.

4.2.4 Infrastructure, Closure of Terminals and Opening of New Terminals

(a) The infrastructure outside the MIBTs will be made available to the Concessionaire prior to

operations start, as specified in the RFP.

(b) The Grantor shall, on the start of operations of the MIBTs, ensure the existing C-Class stands

within Lahore notified under Rule 253-A of Motor Vehicle Rules, 1969 are operated from the

MIBTs. In case this does not occur, the Grantor will compensate the Concessionaire in terms

provided for in the RFP. C-Class stands are those Stands, being administered by City District

Government, a District Government, a Town Municipal Administration or a Tahsil Municipal

Administration or through the agency of a contractor.

(c) [The Concessionaire shall be given a first right of refusal with respect to any new C-Class stands

/terminals to be opened in Lahore. The first right of refusal shall be applicable for a period specified

in the RFP.]

(d) From the start of the Concession Period and until a period to be specified in the RFP, the Grantor

shall not allow the opening of any new D-Class stands in Lahore and shall not permit the increase

in capacity of existing D-Class stands. D- Class stands are privately owned or company stands

defined under Rule 253 of Motor Vehicle Rules, 1969.

4.2.5 Revenue Generation

(a) The Concessionaire’s main source of revenue shall be the terminal charges collected from vehicles.

(b) The Concessionaire shall be allowed to collect toll for various categories of vehicles following the

commencement of the operation and maintenance period of the respective MIBTs in accordance

with the terms set out in the table below:

Source of revenue Charge

Inter-city Bus Arrival or Departure Terminal charges per trip per vehicle

Intra-city Bus Arrival Fixed fee per entry

Intra-city Wagon Arrival Fixed fee per entry

Car or Taxi Parking Fixed fee per entry

(c) Other sources of revenue for the Concessionaire shall include shops, restaurants, snack bars, hotels,

motels, fueling stations, offices, repair workshops, washing decks, signing posts, advertisements,

drivers rooms, etc. established at the MIBTs.

(d) The Concessionaire shall estimate the cost and revenue of the Project, based on its own market

research, surveys and analysis, by taking into account the parameters given hereinabove and any

other factors that may be relevant and as specified in the RFP.

4.2.6 Financing

(a) The Concessionaire shall bear the responsibility of financing of the Project.

(b) The Concessionaire’s minimum equity investment in the Project shall be thirty percent (30%) of

the total project cost.

(c) The Grantor anticipates that financial close shall be achieved within three (3) months from the

signing of the Concession Agreement.

4.2.7 Expiry of Concession Period

(a) The Concession Agreement will define the requirements and handback conditions for the MIBTs

at the end of the Concession Period.

(b) The Concessionaire shall be obliged to transfer the facilities to the Grantor at the end of the

Concession Period, as may be extended from time to time in accordance with the terms of the

Concession Agreement.

(c) The project assets including all infrastructure, the IT systems and the MIS system shall be handed-

over to the GOPb, after completion of Concession Period, with a minimum operational life of five

(5) years for the equipment and a minimum life of forty (40) years for the building structures after

the completion of the Concession Period. Such warranty shall be evaluated and validated by a third-

party firm.

4.2.8 Termination and Force Majeure

(a) The Concession Agreement shall include compensation payments to be made to the Concessionaire

for early termination due to the default of the Grantor or (if applicable) termination for convenience

of the Grantor. Compensation will include verifiable payments of project costs incurred, payment

to lenders of outstanding debt and projected return on equity - all to be based on projections and

models agreed prior to the signing of the Concession Agreement.

(b) The Concessionaire will be protected from force majeure risk (subject to insurance requirements

for construction and operations).

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5 PROCUREMENT PROCESS

The intended process for the selection of the Concessionaire is set out below.

5.1 Stage 1 – Request for Qualification

At the RFQ stage, Applicants will submit qualifications to demonstrate their capabilities to fulfil

the roles and responsibilities of the private sector partner as per requirement in the RFQ.

5.2 Stage 2 – Request for Proposal

Prequalified Applicants will proceed to the RFP stage.

5.3 Finalization of Project Documentation

The Grantor and the Concessionaire will work towards finalization of the Concession Agreement

and associated contracts.

5.4 Indicative Timeline

The indicative timelines for the Bidding Process are set out in the table below and are subject to

internal GOPb approvals and receipt of necessary consents from relevant agencies and

departments and any permitted extensions stated in the RFP:

Event Tentative Date

Deadline for submission Application for

Prequalification

30 days from issuance of

the RFQ

Issuance of RFP including draft Concession Agreement

to Prequalified Applicants

15 days from

announcement of

Prequalified Applicants

Pre-bid conference To be notified in the RFP

Deadline for submission of bids 60 days from issuance of

the RFP

Notice of Award 15 days from receipt of

Bids

Signing of Concession Agreement 10 days from Notice of

Award

Financial Close 90 days from signing of the

Concession Agreement

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6 EVALUATION CRITERIA

6.1 TECHNICAL, LEGAL AND FINANCIAL CRITERIA

6.1.1 At the prequalification stage, the Applications for Prequalification will be evaluated against a

number of financial, legal and technical criteria, forming part of the Evaluation Criteria. The

criteria for evaluation of the Applications for Prequalification is set out in the below table:

DESCRIPTION

APPLICANT /

LEAD

MEMBER

OTHER

CONSORTIUM

MEMBERS

DOCUMENTS

REQUIRED

Applicant’s Credentials and Track Record Submission

Requirements

Development and/or majority ownership in

projects successfully completed during the

last Five Years (Real estate and/or

transport infrastructure worth at least

PKR Five Billion each) (Minimum two projects)

Aggregate number of the projects

completed by each Consortium

Member.

Appendix B5

Operation and maintenance or majority

ownership in entity carrying out operations

and maintenance of bus terminals and

allied facilities in the last Five Years (each

having a minimum daily capacity of 1000

trips)

Aggregate number of the projects

completed by each Consortium

Member

Appendix B6

Pending Litigation

All pending litigation shall be treated as

resolved against the Applicant and/or

Consortium Member provided that the claims

made against the Applicant and/or Consortium

Member do not represent in aggregate more

than fifty (50) percent of the Applicant’s net

worth and in the case of a Consortium fifty

(50) percent of the Consortium Member’s net

worth.

Must meet the

criteria

Must meet the

criteria

Appendix I

Financial Standing

Net Worth (Total assets-total liabilities) (Minimum PKR 5.0 Billion for last

concluded financial year)

Must meet 60%

of the criteria

Must

collectively

meet 40% of the

criteria

FIN - 1

Average Annual Turnover (latest Three

years) (Minimum average revenue of PKR 3.0

Billion or cumulative revenue of PKR 9.0

Billion for last Three years)

Must meet 60%

of the criteria

Must

collectively

meet 40% of the

criteria

FIN - 2

Available Cash Flow in the amount of

equivalent to minimum PKR 1.0 Billion to

meet cash flow requirements.

(Please note that this can be a combination of

undrawn credit facility (which can be

demonstrated through a bank letter) and un-

Must meet 60%

of the criteria

FIN - 3

20 | P a g e

encumbered cash/bank balances as at the

close of the latest available audited accounts)

Credit Worthiness (based on last concluded

financial year)

- Maximum debt/ equity ratio of 60:40

- Minimum current ratio of 1.01

Or

- Alternatively, an Applicant may

provide proof of credit worthiness in

the form of credit rating from a

reputable credit-rating agency

acceptable to the Grantor (such as

Moodys, S&P, Fitch etc.)

Must meet this

requirement

FIN - 4

Note: Foreign Applicants / foreign Consortium Members having financial statements in a currency other

than Pak Rupee, the exchange rate for conversion into Pak Rupee, applicable for evaluation shall be based

on the daily weighted average rate published by State Bank of Pakistan (SBP) (available at

http://www.sbp.org.pk/ecodata/Rates/WAR/WAR-History.asp) prevailing at respective financial year end

of the entity.

6.1.2 The Grantor reserves the right to change the timing, form and substance of the Evaluation Criteria

or the evaluation procedure at its discretion, pursuant to an addendum issued under Section 8.

6.1.3 Each Application for Prequalification shall be checked for completeness and compliance with the

RFQ requirements detailed in this document. Non-compliant or incomplete submissions may be

rejected.

6.1.4 The Grantor may reject any Application for Prequalification which is not responsive to the

requirements of the RFQ. The Grantor reserves the right to waive deviations/omissions, if these

do not materially affect the capability of an Applicant to perform the Concession Agreement /

project.

6.1.5 The experience of subcontractor(s) and their resources shall not be taken into account in

determining the Applicant’s compliance with the Evaluation Criteria.

http://www.sbp.org.pk/ecodata/Rates/WAR/WAR-History.asp

21 | P a g e

7 INFORMATION TO BE SUBMITTED IN RESPONSE TO RFQ

7.1 APPLICATION FOR PREQUALIFICATION

7.1.1 This Section sets out the minimum information requirements for the Application for

Prequalification. The Applicants should support their submissions in their Application for

Prequalification with other information which they believe is essential to their RFQ responses.

7.1.2 The minimum list of information to be submitted is set out below. Each submission should also

be accompanied by the RFQ forms attached as Appendixes to this RFQ, completed in accordance

with instruction given in this RFQ. A failure to respond to any of these elements may result in the

disqualification of the Applicant from the prequalification process. The Applicants should use the

list of requirements in this Section as the framework for their Application for Prequalification to

assist the evaluation of their submissions.

7.2 MANDATORY INFORMATION

7.2.1 The Applicant or each Consortium Member, in case of a Consortium, must provide the following

mandatory information:

(a) Corporate, management and organisational structure and shareholding;

(b) Legal status, company profile and nature of business operations;

(c) Consortium, joint venture or subcontractor agreements (if applicable);

(d) Lead partner identity and contact information (if applicable);

(e) Roles and responsibilities of each partner and main subcontractors in the Consortium or

organization (if applicable);

(f) Letter of Intent (if applicable);

(g) Official address, proof of registration with relevant authorities in country of incorporation

including the year of registration / incorporation and years of operations since

incorporation;

(h) Audited financial statements for last three (3) years (complete);

(i) Banker’s certificate regarding credit worthiness and available credit lines to the Applicant

or Consortium Members;

(j) Applicants must provide comprehensive resumes of the key team members intended to

work on the Project. The resumes should describe their degree of involvement with

management of the development, construction, maintenance and operations phases of

projects, indicate their qualification and experience including their role in the project and

duration of their engagement; and

(k) If the Applicant or any Consortium Member is a local firm it must provide NTN, Sales

Tax and Punjab Revenue Authority (PRA) numbers. In case the Applicant or any

Consortium Member is a foreign firm the Applicant must provide company registration

and tax registration with relevant authorities in its home country for such foreign

Consortium Member(s). Registration with SECP, FBR, PRA, PEC etc. shall be

compulsory on the SPV before the signing of the Concession Agreement.

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7.3 FINANCIAL INFORMATION

7.3.1 Applicants must provide evidence of financial strength of the Consortium or organization by

providing:

(a) The audited accounts for the last three (3) years for each of the equity provider(s) and in

the case of a Consortium, any other key Consortium Members;

(b) Where an equity provider, design-build contractor, operator, infrastructure management

subcontractor and / or any other key subcontractor intends to procure a corporate

guarantee from a Parent Company or other entities, the audited accounts for the last three

(3) years of that parent company or other entities;

(c) The copies of financial statements are to be provided in the English language and in the

name of the Applicant or Parent Company, i.e. balance sheets including all related notes

and income statements for the last three (3) years, as indicated above, complying with the

following conditions:

(i) all such documents reflect the financial situation of the Applicant / each Consortium

Member / Parent Company;

(ii) historic financial statements must be audited by a certified accountant;

(iii) historic financial statements must be complete, including all notes to the financial

statements;

(d) The financial information reflected above should be consistent with the corresponding

information reported in the audited financial statements;

(e) Historic financial statements must correspond to accounting periods already completed

and audited (no statements for partial periods shall be requested or accepted);

(f) Soft copies of these financial statements in the form of CD together with respective hard

copies shall be provided; and

(g) Any other information for the equity provider, design-build contractor, operator,

infrastructure management subcontractor or any other subcontractor needed to

demonstrate financial capacity to provide the relevant service to the Project over the

relevant time period.

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7.4 OTHER PROJECTS

7.4.1 Applicants are required to identify potential liabilities and/ or guarantees which may arise from

other projects which the Applicant is committed to, or are at the bidding stage on, which are not

covered by any financial reporting disclosure requirements included in the information requested

in this RFQ.

7.5 HISTORY OF LITIGATION, BANKRUPTCY AND BLACKLISTING

7.5.1 The Applicant, or if the Applicant is a Consortium, each Consortium Member, shall not be subject

to any pending litigation representing more than fifty (50) percent of the Applicant’s net worth,

bankruptcy or liquidation proceedings. In this respect, the Applicant shall be required to submit a

form attached as Appendix H.

7.5.2 The Applicant and each Consortium Member, in case of a Consortium, shall not have been

blacklisted or convicted of fraud, corruption or money laundering. In this respect, the Applicant

and each Consortium Member, in case of a Consortium, shall be required to submit an undertaking

in the form attached as in Appendix G. The Parent Company of an Applicant or a Consortium

Member, in case of a Consortium, would also be required to submit an undertaking for blacklisting

in the form attached as Appendix G in the event that the technical and/or financial strength of the

Parent Company has been relied upon by such Applicant or Consortium Member to satisfy the

Evaluation Criteria. An Applicant may be disqualified subsequent to the verification of such

undertaking during the Bidding Process.

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8 INSTRUCTIONS TO APPLICANTS

8.1 The Applicant shall enclose one original and three copies of the Application for Prequalification

in a sealed envelope duly signed and stamp which shall bear the name and mailing address of the

Applicant, submitted by the Applicant through courier / express mail or by hand at the mailing

address of the Grantor set out in Section 8.16, below. However, the Applicant must ensure that

the Applications for Prequalification must reach no later than [Insert hour] hours PKT, on [Insert

date] (the “Submission Deadline”) in the office of Additional Secretary (Planning), Transport

Department, Govt. of Punjab, Pakistan and be clearly marked “APPLICATION FOR PRE-

QUALIFICATION FOR ESTABLISHMENT OF MULTIMODAL INTERCITY BUS TERMINALS

UNDER PPP MODE ON BOT BASIS IN LAHORE, PAKISTAN”.

8.2 In case of any conflict between the original and copies of the Application for Prequalification, the

original shall prevail.

8.3 To assist in the evaluation of Applications for Prequalification, the Grantor may, at any stage

during the course of the prequalification process, ask any Applicant for additional information or

supporting documentation in respect of any matter associated with the documentation submitted

by the Applicant in its Application for Prequalification. If an Applicant does not provide

clarifications of the information requested by the date and time set in the Grantor’s request for

clarification, its Application for Prequalification may be rejected.

8.4 At any time prior to the Submission Deadline of Applications for Prequalification, the Grantor

may amend the RFQ by issuing addenda. Any addendum issued shall be part of the RFQ and shall

be communicated in writing to all who have obtained the RFQ directly from the Grantor. To give

prospective Applicants reasonable time in which to take an addendum into account in preparing

their Applications for Prequalification, the Grantor may, at its discretion, extend the Submission

Deadline of Applications for Prequalification.

8.5 All rights and obligations of the Grantor and the Applicants subject to the previous deadline shall

be subject to the deadline as extended pursuant to Section 8.4.

8.6 Electronically submitted Applications for Prequalification shall not be entertained and treated as

rejected.

8.7 The Application for Prequalification shall be prepared in the English language. Information in

any other language shall be accompanied by its translation in English.

8.8 The Applicants must respond to all questions and provide complete information, as required in

the RFQ. Any lapses to provide essential information may result in dis-qualification of the

Applicant.

8.9 Submissions forming part of the Application for Prequalification should be in the attached

formats and in the sequence as prescribed in the RFQ.

8.10 The entire Application for Prequalification submitted by the Applicants shall be properly

numbered, stamped and duly signed by their authorized representative.

8.11 The RFP shall be issued to Prequalified Applicants and only the Prequalified Applicants shall

be invited to bid.

8.12 Application for Prequalification electronically submitted, incomplete or received after the due

date shall not be entertained.

25 | P a g e

8.13 An Applicant requiring any clarification of the RFQ shall contact the Grantor in writing at the

Grantor’s address specified below. The Grantor will respond in writing to any request for

clarification provided that such request is received no later than five (5) days prior to the

Submission Deadline (as may be extended from time to time) of Application for Prequalification.

The Grantor shall forward copies of its response to all Applicants who have acquired the RFQ

directly from the Grantor.

8.14 The Grantor reserves the right to annul the prequalification process and reject all Applications

for Prequalification at any time, without thereby incurring any liability to the Applicants.

8.15 The Grantor may reject any Application for Prequalification which is not responsive to the

requirements of the Evaluation Criteria. The Grantor reserves the right to waive minor

deviations, if these don’t materially affect the capability of an Applicant to perform the

Concession Agreement. Subcontractor’s experience and resources shall not be taken into

account in determining the Applicant’s compliance with the Evaluation Criteria.

8.16 The mailing address of the Grantor is as under:

Additional Secretary (Planning) Transport

Department, Government of Punjab Transport

House, 11-A Egerton Road, Lahore. Tel: +92-

42-99200499

Email:

[email protected]

mailto:[email protected]

26 | P a g e

9 CONFLICT OF INTEREST

9.1 The Applicant, and in case of a Consortium, all Consortium Members, must not be associated, nor

have been associated in the past, with the consultant or current employees of the Grantor or any

other entity that has prepared the design, specifications and other prequalification and bidding

documents for the Project. Any such association may result in disqualification of the Applicant.

9.2 An Applicant /partner of a consortium may be considered to be in a conflict of interest with one or

more parties in this procurement process if an Applicant / Consortium Member (or their

subsidiaries) participates in more than one (1) Application for Prequalification or bid. This will

result in the rejection of all the Application for Prequalification in which it has participated.

9.3 The Grantor considers a conflict of interest to be a situation in which an Applicant has interests that

could improperly influence that party’s performance of official duties or responsibilities,

contractual obligations, or compliance with applicable laws and regulations.

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APPENDICES

APPENDIX – A

SHORTLISTING CRITERIA- CHECKLIST

Sr.

No.

Eligibility Information

Response/Elaboration

1

Name of Firm/ Consortium

2

Mention the name of registration

authority/(s) under which Applicant /

Consortium Member is registered and

provide a copy of proof of registration to

prove legal identity of your firm/organization

3

Please provide audited financial statements

for the last three (03) years

Copies Attached

Copies Not Attached

4

Mention National Tax Number (NTN) and

Sales Tax Number in the name of Applicant

/ Consortium Member and provide a copy

of registration

National Tax

Number (NTN)

Sales Tax

Number

5

Was your firm ever blacklisted by any

government authority or any bilateral/multi-

lateral and/or financial institution?

(Applicant must attach an undertaking by

your firm’s authorized person with this

Application for Prequalification)

We solemnly declare that our

organization or any member of

Consortium Member has never

been suspended/debarred or

blacklisted.

Our organization or Consortium

Member has been

suspended/debarred or blacklisted

once or more than once

6

Profile of the Applicant / Consortium Member

Profile Attached

Profile Not Attached

7

Qualifications and experience of designated

staff

CVs Attached

CVs Not Attached

8

Proof of construction Projects as per

Evaluation Criteria

Copies Attached

Copies Not Attached

11 Proof of completed/ongoing

projects that Applicant /

Consortium Member has

financed

Copies Attached

Copies Not Attached

12

Brief description of the project(s)

completed/ongoing

Copies Attached

Copies Not Attached

APPENDIX B1

FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF APPLICATION

(On a Stamp Paper of appropriate value and witnessed by two adult males) (if signed abroad - to be

notarized by Notary Public and attested by Pakistani Embassy and Ministry of Foreign Affairs and adhesive

stamped when brought into Pakistan)

POWER OF ATTORNEY

Know all men by these presents, we (name and address of the registered office) do hereby

constitute, appoint and authorize Mr./Ms (name and address of residence) who is presently

employed with us and holding the position of as our attorney, to do in our name and on

our behalf, all such acts, deeds and things necessary in connection with or incidental to our proposal for the

[insert name of project] in the Pakistan including signing and submission of all documents and providing

information/ responses to Multimodal Intercity Bus Terminals (MIBTs), representing us in all matters

before Transport Department, GoPb, and generally dealing with MIBT in all matters in connection with our

proposal for the said project. We hereby agree to ratify all such acts, deeds and things lawfully done by our

said attorney pursuant to this Power of Attorney and that all such acts, deeds and things awfully done by

our aforesaid attorney shall and shall always be deemed to have been done by us.

For _

Accepted

(Signature)

(Name, Title and Address)

(Signature)

(Name, Title and Address of the Attorney)

(Insert name of Applicant)

(Firm/Organization Seal & Stamp)

Notes:

1. To be executed by the sole Applicant or the Lead Member in case of a Consortium duly supported

by a Board Resolution.

2. The mode of execution of the power of attorney should be in accordance with the procedure,

if any, laid down by the applicable law and the charter documents of the executants (s) and when it is so

required the same should be under common seal affixed in accordance with the required procedure.

3. Also, where required, the executants(s) should submit for verification the extract of the charter

documents and documents such as a resolution /power of attorney in favor of the person executing this

power of attorney for the delegation of power hereunder on behalf of the Applicant.

APPENDIX B2

FORMAT FOR POWER OF ATTORNEY FOR LEAD MEMBER OF CONSORTIUM

POWER OF ATTORNEY

(On a Stamp Paper of appropriate value and witnessed by two adult males) (if signed abroad - to be

notarized by Notary Public and attested by Pakistani Embassy and Ministry of Foreign Affairs and

adhesive stamped when brought into Pakistan)

Transport Department, Government of Punjab has invited Applications for Prequalification from interested

Applicants for the [insert name of project].

Whereas, the members of the Consortium are interested in competing for the Project in accordance with the

terms and conditions of the RFQ and other connected documents in respect of the Project, and

Whereas, it is necessary under the RFQ for the members of the Consortium to nominate one of them as the

Lead Member with all necessary power and authority to do for and on behalf of the Consortium, all such

acts, deeds and things as may be necessary in connection with or incidental to the Consortium's Application

for Prequalification for the Project.

NOW THIS POWER OF ATTORNEY WITNESSETH THAT:

We, M/s. _______________, and M/s. _________________ [insert the respective names and addresses of

the registered office] do hereby constitute, appoint and authorize M/s._ as the Lead Member

of the Consortium and as our attorney, to do on behalf of the Consortium, all or any of such acts, deeds

or things as may be necessary in connection with or incidental to the Consortium's proposal for the Project,

including submission of Application for Prequalification, participating in conferences, responding to queries,

submission of information/ documents and generally to represent the Consortium in all its dealings with the

Transport Department, Government of Punjab or any other Government Agency or any person, in connection

with the Project until culmination of the process of selection and thereafter till the Concession Agreement is

entered into with Transport Department, Government of Punjab.

We hereby agree to ratify all such acts, deeds and things lawfully done by Lead Member as our said attorney

pursuant to this Power of Attorney and that all acts deeds and things lawfully done by our aforesaid attorney

shall and shall always be deemed to have been done by us/Consortium.

Dated this Day of 201_.

(To be executed by all the members of the Consortium)


Note:

1. The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid

down by the applicable law and the charter documents of the executants(s) and when it is so required the

same should be under common seal affixed in accordance with the required procedure.

2. The executants(s) should submit for verification the extract of the charter documents and documents such

as Board Resolution and Power of Attorney in favor of the person executing this Power of Attorney in favor

of the Lead Member.

APPENDIX B3

(a) Name:

(b) Country of Incorporation:

(c) Address of the corporate headquarters and its branch office (s), Pakistan:

(d) Date of incorporation and / or commencement of business:

2. Brief description of the firm including details of its main lines of business and proposed roles and

responsibilities in this Project:

3. Name, Designation, Address and Phone Nos. of Authorized Signatory of the Firm:

(a) Name:

(b) Designation:

(c) Bidder's Company:

(d) Address:

(e) Telephone No:

(f) E-mail Address:

(g) Fax No:

4. Details of individual (s) who will serve as the point of contact / communication for the Project, within

the firm’s.

(a) Name:

(b) Designation:

(c) Address:

(d) Telephone No.

(e) E-mail address:

(f) Fax No.:

5. In case of Consortium:

(a) The information above (1-4) should be provided for all the Consortium Members

(b) Information regarding role of each Consortium Member should be provided as per table below:

Sr. No Name of Member Lead Member/Associate Role of Member

1

2

(Signature of Authorized Signatory)

(Name of Authorized Signatory)

(Specify whether Lead Member, Associate Member)


APPENDIX B4

FORMAT FOR LETTER OF APPLICATION FOR

PREQUALIFICATION

[On the Letter Head of the Applicant (in case of a Consortium Lead Member]

Date:

To,

The Secretary Transport,

Transport Department, Government of Punjab,

[Insert name of Project]

Sir,

We, the undersigned, apply to be prequalified for the referenced Project and declare the following:

(a) We have examined and have no reservations to the RFQ, including addenda No(s) [insert if

applicable], issued in accordance with Section 8.

(b) We have read and understood the RFQ in respect of the captioned Project and hereby represent and

confirm that, notwithstanding any qualification or conditions, whether implied or otherwise,

contained in our Application for Prequalification, our Application for Prequalification is unqualified

and unconditional in all respects.

(c) We, including all Consortium Members, for any part of the contract(s) resulting from this

prequalification process, if any, do not have nationalities of countries upon which international

sanctions are imposed.

(d) We understand that at the time of bidding, we, including any Consortium Members for any part of the

contract(s) resulting from this procurement process, shall not have any conflict of interest in

accordance with Section 9.

(e) We, including any Consortium Members for any part of the contract(s) resulting from this

prequalification, have not been declared ineligible/blacklisted by the Government/Semi-Government

Agency/Department including the Guarantor in accordance with Section [xxx].

(f) We understand that you may cancel the prequalification process at any time and that you are not bound

either to accept any Application for Prequalification that you may receive or to invite the Prequalified

Applicants to submit Application for Prequalification for the contracts that are the subject of this

prequalification, without incurring any liability to the Applicants.

(g) We agree to permit the Grantor or its representative to inspect our accounts and records and other

documents relating to the Application for Prequalification and to have them audited by auditors

appointed by the Grantor.

(h) All of the forms accompanying the Application for Prequalification have duly been signed by authorized

signatories.

Name ........................................................................................................................................................

In the capacity of .....................................................................................................................................

Signed ......................................................................................................................................................

…………………………………….. (Seal)…

Duly authorized to sign the Application for and on behalf of ................................ (Name of Applicant)

Date ..........................................................................................................................................................

Witness # 1: Witness # 2:

Signature: ____________________ Signature: ____________________

Signed by: ____________________ Signed by: ____________________

Designation: __________________ Designation: __________________

Date: _________________________ Date: _________________________

Seal: _________________________ Seal: _________________________

APPENDIX B5

INFORMATION RELATED TO PROJECTS COMPLETED IN REAL ESTATE AND / OR

TRANSPORT INFRASTRUCTURE

[Using the format below, please provide information on each project for which you, and each associate for

this project, was legally contracted as a corporate entity or as one of the members within an consortium, for

carrying out project specified in the Evaluation Criteria to the ones requested under this Project. Please

provide Client's certification and/or evidence of the contract agreement.]

Project name: Value of the agreement (in current PKR):

Country:

Location within country:

Duration of project (months):

Name of Client, Address, contact number: Total No. of staff-months (by your company)

on the project:

Start date (month/year):

Completion date (month/year):

Value of total project provided under an

agreement (in current PKR)

In case of developer prime contractor or

subcontractor:

Value of part of the project provided by

Bidder under the agreement (in current PKR):

Name of associated members, if any: No. of professional staff-months provided by

associated members:

Name of senior professional staff of your company involved and functions performed

(indicate most significant profiles such as Project Director/Coordinator, Team Leader):

Narrative description of Project:

Description of actual services provided by your staff within the assignment:

Please attach Letter of Award / Signed Agreement / Completion Certificate for each project to

support your claim.

Note:

1. Only those projects that satisfy technical criteria shall be considered

2. All the financial numbers are to be given in Pak Rupees (in words & figures)

3. The form shall be filled for an individual Applicant or each Consortium Member including lead member

separately in order to ascertain cumulative experience for the consortium


(Insert name of authorized signatory)

(Insert name of Applicant)

(Insert Seal / Stamp)

APPENDIX B6

INFORMATION REGARDING OPERATIONS AND MANAGEMENT OF BUS TERMINALS

AND ALLIED FACILITIES

(please attach relevant documents / certificates to support your claim. Use separate sheets for managing &

operating more than one intercity bus terminal)

Sr. No Description Details / Remarks

1 Number of Intercity Bus Terminals Managed

and Operated in last three (03) years

Number: ___________

(attach supporting documents such as

license to manage and operate bus

terminals from relevant authorities)

2 Name and Location of Bus Terminals

Name: ______________

Location: (City & Country)

Please provide complete address of bus

terminal

3 Overall Capacity of Bus Terminal (trips

managed and operated per day)

Number of trips / day: ___________

(attach supporting documents)

4 Please specify the transport modes operated

and managed from terminal on daily basis

Buses: ________

Mini-buses: _________

Coasters: _________

Others: _________ (please specify)

Total: ________

(attach supporting documenting)

6 Type of allied facilities at intercity bus

terminals

List down all the allied facilities at

intercity bus terminals:

i. Type _____ & Capacity ____

ii. Type _____ & Capacity ____

iii. Type _____ & Capacity ____

iv. Cont…..

(e.g. Type Hotel & Capacity 50 Rooms)

(Bus Bays for Departure, Arrivals and

Idle Parking etc.)

APPENDIX C

LETTER OF INTENT TO FORM A CONSORTIUM

Date: [Insert Date]


Transport Department, Government of Punjab


Sir,

We, hereby convey and confirm as under:

(a) our intent to form a Consortium with and for the

successful execution of the captioned Project.

(b) that the Lead Member of the Consortium will be .

(c) that we will be jointly and severally liable for the obligations of the SPV if awarded the Concession

Agreement and commit to provide the following appendices and documents before the RFP submission

deadline:

1. The Power of Attorney for signing authority from each Consortium Member;

2. The Power of Authority for Lead Member;

3. Duly notarized memorandum of understanding of the Consortium.

(d) that the mode of execution of the Power of Attorney would be in accordance with the procedure, if any,

laid down by the applicable law and the charter documents of the consortium members and when it is

so required the same would be under common seal affixed in accordance with the required procedure.

(e) that the consortium members would submit for verification the extract of the charter documents and

documents such as Board Resolution and Power of Attorney in favor of the person executing this Power

of Attorney in favor of the Lead Member.

Yours faithfully,

(Signature of Authorized Signatory of the Consortium Member)

(Name, Title and Address of the Signatory)

(Firm/Organization seal & stamp)

Note:

To be submitted on stamp paper

To be signed by the authorized signatory of each Consortium Member in case of a Consortium

To be stamped by each Consortium Member in case of a Consortium

APPENDIX D

FORMAT OF UNDERTAKING FOR

CONFLICT


Transport Department, Government of Punjab,


Sir,

We, [Insert name of the Applicant], registered under the laws of [Insert name of country], with registered

office at [Insert address] and holding registration No. [Insert registration number] hereby solemnly

represent, declare and covenant:

(a) that [Insert name of the Applicant] does not have any conflict of interest (as per the requirements

and stipulations of Section 9 of the RFQ) with one (1) or more parties prequalified to participate in

the Bidding Process under the RFP;

(b) that [Insert name of the Applicant] does not have access to any information in relation to the

Applications for Prequalification submitted by any other Applicant (including a Consortium) for

the Projects which may influence the Applications for Prequalification submitted;

(c) that [Insert name of the Applicant] has not participated as a consultant in the preparation of the

design or technical / commercial / financial / legal specifications of the works / services, that are

the subject of the Bidding Process under the RFP;

(d) that [Insert name of the Applicant] has not concealed any information that might hinder the

procurement process conducted for the Projects or the award of contracts for the Projects;

(e) that the Grantor has the right to sanction [Insert name of the Applicant], including but not limited to

the right to declare [Insert name of the Applicant] ineligible/blacklisted (either indefinitely or for a

stated period of time) to participate in bidding activities in Pakistan and, in the event that a Project

has been awarded to [Insert name of the Applicant] in accordance with the RFP, then the Grantor has

the right to cancel the contract(s) and the award the Project to [Insert name of the Applicant], in each

case if: (i) at any time the Grantor determines that [Insert name of the Applicant] has concealed any

information that is against the provisions of the RFQ and / or RFP issued for the Projects and / or

the applicable procurement laws of Pakistan; or (ii) the representations, declarations and covenants

contained in this Undertaking are found to be incorrect, untrue and / or invalid; and

(f) that in case the representations, declarations and covenants contained in this Undertaking are found

to be incorrect, untrue and / or invalid, [Insert name of the Applicant] and the Consortium Members

shall indemnify and hold harmless the Grantor against any loss, damage or action / claim which may

arise due to any representation, declaration and covenant being found incorrect, untrue and/or

invalid.

(unless otherwise stated, the capitalized terms used in this Undertaking shall bear the same meaning as

given to such terms in the RFQ).

IN WITNESS WHEREOF, we have signed this Undertaking at [Insert address] on this [Insert date].

For and on behalf of,


(Name of Authorized Signatory of Applicant)


(Name of Applicant)

Note:


APPENDIX E

FORMAT FOR ANTI-COLLUSION UNDERTAKING




Sir,

We, [Insert name of Applicant and in case of a Consortium, each Consortium Member], hereby certify and

confirm that:

(a) in the preparation and submission of this Application for Prequalification, we have not acted in

concert or in collusion with any other Applicants or other person(s) and also have not done any act,

deed or thing which is or could be regarded as anti-competitive, restrictive or monopolistic trade

practice;

(b) we have not offered nor will offer any illegal gratification in cash or kind to any person or agency

in connection with the instant Application for Prequalification;

(c) the information furnished in the Application for Prequalification is true and correct and nothing has

been concealed or tampered with; and

(d) we have gone through all the terms of the RFQ and are liable to any punitive action and

disqualification for furnishing false information / documents that is required to be furnished

pursuant to the terms of the RFQ.

Dated this Day of , 201__.

Yours faithfully,


(Name of the Applicant or Consortium Member)

(Firm/Organization seal & stamp)

Note:


To be submitted by each Consortium Member (in case of a Consortium)

To be signed by the authorized signatory of each Consortium Member in case of a Consortium

To be stamped by each Consortium Member in case of a Consortium

APPENDIX F

UNDERTAKING (CONTINUING LIABILITY) (THE “CONTINUING LIABILITY

UNDERTAKING”)

[to be submitted by each Applicant/ each Consortium Member]

[if executed by a local entity - signed by the authorized signatory; printed on a stamp paper of PKR 500/-]

[if executed by a foreign entity - signed by the authorized signatory; to be notarized by Notary Public and

attested by Pakistani Embassy and Ministry of Foreign Affairs; and adhesive stamped (PKR 500/-) when

brought into Pakistan]




Sir,

We, [name of the Applicant / Consortium Member], registered under the laws of [Insert name of country],

with registered office at [Insert name of country] and holding registration No. [Insert registration number],

do hereby solemnly represent, declare, covenant and agree:

(a) that the Grantor shall remain empowered and authorized, at any given time and in its sole discretion,

to take any of the actions specified in sub-clause (b) of this Continuing Liability Undertaking if the

Grantor becomes aware, directly or indirectly, that [Insert name of Applicant] and/or inter alia any of

its affiliates, associates, partners, co-workers, joint venture holders, any syndicate members, sister

concerns, shareholders and/or subsidiaries (by the same name or another):

1. Has committed a default and/or a breach of an agreement (or any provision thereof) entered into with

the Government of Punjab (the “GOPb”) or any of the GOPb’s departments, attached departments,

special institutions, agencies, statutory authorities, corporations, bodies and/or entities (collectively

referred to as the “Entities” and each individually as an “Entity”);

2. Has failed to demonstrate, to the satisfaction of the GOPb / respective Entities with which it has

entered into an agreement, its intention to continue performance of its obligations by way of continued

and unhindered performance under such agreement(s);

3. Has failed to demonstrate, to the satisfaction of the GOPb / respective Entities with which it has

entered into an agreement, that: (i) it possesses sufficient technical and/or financial capability to fulfill

the performance of its contractual obligations under such agreement(s) without causing delay and

detriment to the interests of the GOPb / respective Entities with which it has entered into an

agreement; and/or (ii) it has employed such sufficient technical and/or financial capability to fulfill

the performance of its contractual obligations under such agreement(s);

4. Cannot, to the satisfaction of the GOPb / respective Entities with which it has entered into an

agreement, achieve completion of its obligations under such agreement within the timelines specified

in such agreement(s);

5. While any agreement it has entered into with the GOPb / respective Entities is in force or its

obligations thereunder are pending performance, it: (i) becomes bankrupt, insolvent or financially

incapable; and/or (ii) it goes into voluntary and/or involuntary liquidation ; and/or (iii) a receiving or

administration order is made against it or is under the charge or control of a receiver or administrator;

and/or (iv) it compounds with its creditors or carries on business under a receiver, trustee or manager

for the benefit of its creditors; and/or (v) it commits an act or an event occurs which (under the

applicable laws) has an effect similar to any of the events / conditions specified above; and/or

6. To the direct or indirect knowledge of the GOPb or its Entities, it has, subject to any applicable laws,

attempted to or given or offered (either directly and/or indirectly and whether within or outside

Pakistan) to any person any bribe, gift, gratuity, share as percentage, commission, material gain or

consideration or thing of value, be it for inducement or reward or otherwise, for: (i) doing or

forbearing from doing any action in relation to seeking or procuring award, contract, bid, tender,

favour, etc.; and/or (ii) for doing or forbearing from doing any action in relation to any agreement it

has entered into with the GOPb / respective Entities.

(b) that if the Grantor becomes aware, directly or indirectly, of any of the matters specified in sub-clause

(a) of this Continuing Liability Undertaking, then the Grantor may, in its sole discretion, take the

following actions: (i) reject the bid of [Insert name of Applicant]; (ii) cancel the award of a Project to

[Insert name of Applicant] and terminate/rescind the contacts if so executed with [Insert name of

Applicant]; and (iii) declare [Insert name of Applicant] and all its Consortium Members, if there are

any, as ineligible/blacklisted (either indefinitely or for a stated period of time) to participate in bidding

activities in Pakistan.

(c) that if the Grantor, in its sole discretion, exercises the Grantor’s rights and takes any of the actions as

specified in this Continuing Liability Undertaking, then the actions taken by the Grantor shall be final

and binding and [Insert name of Applicant] shall not challenge such actions / decisions of the Grantor

in any form whatsoever before any court of law, tribunal and/or forum.

(d) that in case the declarations, representations and covenants of [Insert name of Applicant] contained in

this Continuing Liability Undertaking are breached, [Insert name of Consortium Member] and [Insert

name of other Consortium Member] shall jointly and severally indemnify and hold harmless the

Grantor against any loss, damage or action / claim which may arise due to breach of any such

representation, declaration and covenant.

(unless otherwise stated, the capitalized terms used in this Continuing Liability Undertaking shall bear the

same meaning as given to such terms in the RFP).

IN WITNESS WHEREOF, we have signed this Continuing Liability Undertaking at [●] on this _______

day of ____________________ 2017.

For and on behalf of

[Insert name of Applicant / Consortium Member]

___________________________

[Name of authorized signatory]

[Designation]

Witnesses:

1. ________________________________

Name: ____________________________

Address:___________________________

2. ________________________________

Name: ____________________________

Address:___________________________

__________________________________

CNIC:_____________________________

__________________________________

CNIC:_____________________________

APPENDIX G

BLACKLISTING UNDERTAKING (THIS “UNDERTAKING”)

[to be notarized by notary public and attested by Pakistani Embassy and Ministry of Foreign Affairs and

adhesive stamped when brought into Pakistan]




Sir,

We, [Insert name of Applicant / Consortium Member / Parent Company], registered under the laws of

[Insert name country], with registered office at [Insert address] and holding registration No. [Insert

registration number] (the “Applicant”), do hereby solemnly represent, declare and covenant:

1. that we are not ineligible / blacklisted to participate in, bid for or undertake any contract or project

through any form of public tender (due to reasons, including but not limited to corrupt practices and

poor performance) by the government of Pakistan / government of Punjab or any other provincial

government / governments of all foreign countries or their governmental bodies and / or International

Organizations (e.g. World Bank, Asian Development Bank, United Nations, International Monetary

Fund etc.) at the date of submission of this Undertaking;

2. that we have not been declared ineligible by any court of law or governmental body of the world due

to corrupt, fraudulent, coercive and / or collusive practices;

3. that no action, suit or other legal proceeding or governmental investigation is pending against us or

any of its respective officers, directors or employees, or that any of the foregoing has received any

notice thereof, which questions the validity and execution of this Undertaking or the representations

provided in this Undertaking;

4. that we have not directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive

practices in competing for the award of any contracts;

5. that we have not concealed any information that might hinder the procurement process conducted for

the government of Punjab’s proposed projects or the award of contracts for the project;

6. that Grantor has the right to sanction us or our successor, including but not limited to the right to

declare ineligible (either indefinitely or for a stated period of time) to participate in bidding activities

in Pakistan if at any time the Grantor determines that we have, directly or through an agent, engaged

in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing any contract.

In the event that the project has been awarded to us at such time, then the Grantor has the right to

cancel the contracts and award of the project; and

7. that in case the representations, declarations and covenants contained in this Undertaking are found to

be incorrect, untrue and / or invalid, we shall indemnify and hold harmless the Grantor against any

loss, damage or action / claim which may arise due to: (i) any representation, declaration and covenant

being found incorrect, untrue and/or invalid; and/or (ii) our disqualification from the prequalification

process.

IN WITNESS WHEREOF, we have signed this Undertaking at [Insert address] on this [Insert date].

For and on behalf of

_____________________________

[Insert name of authorized signatory of Applicant / Consortium Member / Parent Company]

[Designation]

[Insert name of Applicant / Consortium Member / Parent Company]

Witnesses:

1. ________________________________

Name: ____________________________

Address:___________________________

__________________________________

CNIC:_____________________________

2. ________________________________

Name: ____________________________

Address:___________________________

__________________________________

CNIC:_____________________________

APPENDIX H

PENDING

LITIGATION

Applicant’s Legal Name: .................................................. Date: ..........................................

..................................................

Consortium Member’s Legal Name:

Each Applicant or each Consortium Member must fill in this form:

Pending Litigation

No pending litigation as per the requirements of the RFQ.

Pending litigation as per the requirements of the RFQ, as indicated below

Year

Matter in Dispute

Value of

Pending

Claim in

US$

Equivalent

Value of

Pending

Claim as a

Percentage

of Net

Worth

APPENDIX - I

Form FIN - 1

Historical Financial Performance

Applicant’s Legal Name

Date:

.........................................

Consortium Member Legal Name

Page

..............of.............pages

Each Applicant or each Consortium Member must fill in this form

Financial Data for Previous 3 Years [US$ Equivalent]

Year 1: Year 2: Year 3:

Information from Balance Sheet

Total Assets (a)

Total Liabilities (b)

Net Worth (a-b)

Total Debt (c)

Current Assets (d)

Current Liabilities (e)

Working Capital (d-e)

Information from Income Statement

Total Revenues

Profits Before Taxes

Profits After Taxes

Financial Data for Previous 3 Years [US$

Equivalent]

Year 1: Year 2: Year 3:

Currency Exchange

Rate used for

conversion/translation

from local currency to

US$ at year end

Note:

The copies of financial statements must be in English language in the name of Applicant (the prospective

bidder) or Parent Group (in which case parent guarantee shall be required as part of the Bid) i.e. balance

sheets including all related notes, and income statements for the last three (3) years, as indicated above,

complying with the following conditions.

· All such documents reflect the financial situation of the Applicant or each partner to a JV.

· Historic financial statements must be audited by a certified accountant.

· Historic financial statements must be complete, including all notes to the financial statements.

· The financial information reflected above should be consistent with the corresponding information

reported in the audited financial statements

· Historic financial statements must correspond to accounting periods already completed and audited

(no statements for partial periods shall be requested or accepted).

Soft copies of these financial statements in the form of CD together with respective hard copies shall be

provided.

Note: If Applicant is part of a Group of Companies, please provide the Detailed Group Structure

indicating, among other details (like shareholding %age, legal status and name of all companies/entities,

common directorship, if any, etc.) of the Ultimate Parent.

APPENDIX - J

Form FIN - 2

Average Annual Turnover

Applicant’s Legal

Name

Date: .........................................

Consortium Member

Legal Name

Page ..............of.............pages

Each Applicant or each Consortium Member must fill in

this form

Annual Turnover Data for the Last Three (03)- Years

Year

Amount Currency Exchange Rate US$ Equivalent

Average Annual Turnover

Cumulative

Turnover

The information supplied should be the Annual Turnover of the Applicant or each Consortium Member in

terms of the amounts recognized for each year, converted to US Dollars at the rate of exchange at the end of

the period reported. This should consistent with the amounts reported in the audited accounts.

APPENDIX - K

Form FIN - 3

Credit Line

The “Available Cash Flow” must be demonstrated inter alia through a combination of undrawn credit

facility and unencumbered cash/bank balances. The above said information/statement must be at least

for the last concluded year.

The Applicant shall also provide original certificate from reputed banks/DFIs to the effect that the

Applicant (individual/JV) has financial resources/access/ un-encumbered cash/bank balance to the said

credit line for smooth execution/completion of the Project in case the Applicant is declared successful

subsequent to the competitive bidding process.

APPENDIX - L

Form FIN – 4

Credit Worthiness

Applicant’s Legal Name Date: .........................................

JV Partner Legal Name

Page ..............of.............pages

Only applicable for the Lead Member or Single Applicant

Credit worthiness to be computed based on latest available audited financial statements as

provided by the Applicant in Form FIN-1

Debt/ equity ratio =

Total interest bearing liabilities ( Long

term+ Short Term)

Total interest bearing liabilities ( Long

term+ Short Term) + Equity

Current ratio = Current Assets

Current Liabilities

ANNEX-A

ARCHITECTURAL DESIGN OF THOKAR NIAZ BAIG MIBT

ANNEX-A

ARCHITECTURAL DESIGN OF SHAHDARA MIBT

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