for CONSTRUCTION OF HYDERABAD - SUKKUR, 306 KM (APPROX) 6-LANE DIVIDED, FENCED MOTORWAY On BUILD-OPERATE-TRANSFER BASIS Issued to: Mis, September 2021 sie noes NATIONAL HIGHWAY AUTHORITY (Procurement & Contract Administration Section) 28-Mauve Area, Sector G-0i|, Islamabad, Pakistan Phone # 92-51-9032727, Fax # 92-51-¢260419Nua he. REP for pecan = Subhur Motonuny (M6) REQUEST FOR PROPOSAL Construction of Hyderabad ~ Sukkur (306 Km), 6-Lane Divided, Motorway (M-6), acess-controlled Facility ‘UNDER PUBLIC PRIVATE PARTNERSHIP ARRANGEMENT. ‘ON BUILD-OPERATE-TRANSFER BASIS. Table of Contents PART I: INTRODUCTION. ' PART Il: INSTRUCTIONS TO BIDDERS. 3 ‘A. PROJECT DESCRIPTION 3 Ad Background : 3 A2 —Scopeofthe Project. 4 A3 The Concesion, 4 ‘A4 Basic, Non-Nogoisbl, Parameters of the Concession 4 AS Disclaimer 0 AG Bribery & Collusion 0 B._ MINIMUM TECHNICAL INFORMATION REQUIRED 2 BLL Mandatory Submision 2 BL Executive Summary = = 2 B.L2 Power of Anomey 2 B.13. Copy of Articles of incoyperation or Consiation of the Bidder sa legal entity 2 B14 Jit Venture Consortium = B BLS Bid Security B B16 Statement of Bid Conformity B 2 BOT Managerial, Technical and Constuction Qulifctins 5 3. Project Appreciation. a 4 BA Project Implementation Methodology. 4 C MINIMUM FINANCIAL INFORMATION REQUIRED, 6 Cal Minimum Financial Information 6 C2 Cumeney 1” D._ EVALUATION PROCESS, CRITERION AND PROCEDURES 1s DL The Overall Evaluation Process 7 18 Did Responsiveness is D12 Bid Opening : a Di13_ Eligibility 9 D2 Technica Proposal Evaluation Criteria 21 D3 Financial Proposal Evaluation Criteria, 23 DA Final Evaluation Resuks, DS Bond and Secuity Requirements DS.t Bid Seri D2 Finanelal Close Bond 5.3. Consrvtion Performance Bond Dit Operations Bond pss “Transfer Bonda REP fo Ht = Slur Motocuay (M6) DS Award and Notice Proceed : 26 PROPOSAL SUBMISSION PROCEDURES. se 20 EA troduction 2 2 General. 7 a E21 Conta Bidding 20 E22. Site Visit. 2 E23 Amendment of RFP, = 2 2A Ganeral Considerations for Bidding 27 3 Preparation of Bi. 28 1E3.1 Proposal Validity Period 28 E32 Two Envelope Sysem of Tendering 7 28 E33. Language. 29 E34 Conformity wih the REP. : — 29 E341 "Conforming Bids. : 29 EA Proposal Due Date. : 29 ES Processing of Proposal before Evaluation, 29 E6 Presid Conference 30 ET Confideniliy : 31 ES Negotiations. E 31 Appendix—1: Project Description and Scope of Werk Appendix 2: Format of Bi Security Appendix 3: Consrvtion Performance Standards Design Criteria Appendix4: Operations and Maintenance Requirements Appendix-S: —andback Requirements Appendix—6: Reference Design (Depetng Fundamental Employer Reqirmen's) Appondix—7: Format of Curculum Vitae Appendix-8; Publis Private Partnership Authority Act, 2017 and Public Private Partnership ‘Autority (Amendment) Act, 2021 Appendix9: Bid Forms of Technical Proposal |A. Bidder’ Information Form B, Specific Consruton Experience C. Non Blackisting D. Financial Qualification -Net Worth Appendix 10: Bid Forms of Financial Proposal ‘A. Financial Data Forms 'B. Work Breakdown Strctre for Construction Cost, (C. Work Breakdown Stacie for Projet Cost Appendix I: Draft PPP Agreement io liPageREP foc Herd —Subdur Motorway 6) REQUEST FOR PROPOSAL Construetion of Hyderabad ~ Sukkur (306 Km), 6-Lane Divided, Motorway (M6), acces-controlled facility UUNDER PUBLIC PRIVATE PARTNERSHIP ARRANGEMENT. ‘ON BUILD-OPERATE-TRANSFER BASS PART I: INTRODUCTION The National Highway Authority (°NHLA") heteby disseminates this Request for Proposal REP’) to invite all interested parties to submit Technical and Financial Proposals to compete for “Construction of Hyderabad ~ Sukkur Motorway (M-6), under Public Private Partnership (“PPP”) arrangement on Build-Operate-Transfer (“BOT”) bass” [HA is envisioning to complete the missing link of Peshawar ~ Karachi Motorway (PKM) ‘through the construction of a new Hyderabad- Sukkur Motorway (M6). NHA envisages and desires private sector 1o come up withthe best, affordable, efficient, cost cffective solutions providing value-for-money for the road users without compromising international standards of safety and reliability. The private parties are required t0 come up with the development and financial arrangements for designing, constuction, commissioning, operations and maintenance ofthe Projet. Unless expressly specified otherwise, all capitalized terms used herein shall bear the ‘meaning ascribed thereto inthe Draft PPP Agreement attached to this RFP as Appendic-t1 REP includes PART IL instructions to Bidders", which s briefly described as follows: A.A description ofthe Project including a statement of the objectives, scope, expected ‘uiput and basic, non-negotiable, parameters of the Concession, ‘The Minimum Technical Parameters requited of Bidders to be considered responsive ‘The Minimum Financial Data required from Bidders to be considered responsive ‘The evaluation criteria to be used by NHA. to determine the highest evaluated bid, price and other factors considered. E. Proposal submission procedures; including, Interalia, the date, time and location of proposal submission, validity period, and the permissible mode of proposal Following Appendices are attached, as an integral part of RFP, for consideration of the Bidders, Appendix 1: Project Description and Scope of Work Appendix 2; Format of Bid Security ‘Appendix 3: Constrction Performance Standards & Design Criteria ‘Appendix4: Operations and Maintenance Requirements ‘Appendix S: Handback Requirements NvREP foc iyderbad = Sule Motor 015) Appendix6: Reference Design (Depicting Fundamental Employer Requirements) Appendix 7: Format of Cusculum Vitae Appendix 8: Public Private Partnership Authority, Act 2017 and Public Private Partnership Authority (Amendment) Act, 2021 Appendix 9: Bid Forms of Technical Proposal ‘A, Bidder's information Form B. Specific Construction Experience C. Non-Blacklisting D, Financial Qualification ~ Net Worth Appendix 10: Bid Forms of Financial Proposal ‘A. Financial Data Forms B. Work Breakdowm Structure for Construction Cost C. Work Breakdown Structure for Project Cost Appendix11: Draft PPP Agreement Incase any discrepancy is found between, Instructions to Bidders and its Appendices, except Appendix-S, te stipulation of Instructions to Bidders shall prevail. The hierarchy, in tems of priority of documents of RFP, sas follows: ‘Appendix-8: Public Private Parnersip Authoriy, Act 2017 and Publi Private Parmership Authority (Amendment) Ae, 202] ‘Request for Propo, Prt: Isiructions to Bidders Appendix-I: Projet Desrption and Scope of Work ‘Appendix-3: Constetion Performance Standards & Design Criteria ‘Appendix-4: Operations and Maintenance Requirements Appendix: Handback Requirements Appendix-6: Reference Design (Depicting Fundamental Employer Requirements) Appendix-7: Format of Cuticulum Vite Appendix-11: Draft PPP Agreement 2[Page____REP foc Hyderabad —Sukkur Motorway (6) PART I: INSTRUCTIONS TO BIDDERS A. PROJECT DESCRIPTION A Background NHA has planned for the construction of “Hyderabad ~ Sukkur (approximately 306 Km Jong), fenced G-lane divided, access contolled motorway (M-6) on BOT basis” (the “Project”. The Project will reduce tavel time and ereate numerous economic and socal benef ‘The Goverment of Pakistan (“GOP”) is desirous to undertake the Project on fast ‘wack basis, 30 that the benefits could be made available to general public at the cates, Following Figure-1 porttays the Project alignment that commences from Hyderabad and terminates at Sukkur, 3/PaveN wo REP tend Saar sary OE) A2 Scope atthe roe A detailed project description and scope of work, that includes Key engineering features of the Project for construction of a world-class motorway, i attached at Appendix. A3 The Concession [NHA envisages granting an exclusive and non-asignable Concession to the selected bidder to undertake, develop, design, finance, construct, insure, commission, manage, operate, maintain and, atthe end ofthe Concession Period, transfer to NHA all the Project Assets, including but ‘ot limited to, Service Areas, Allied Facilities and all the superstactures, buildings and civil ‘works built on Right of Way ("ROW") for the purposes ofthe Project. The Concession wil also include the exclusive right, subject to the terms of the PPP Agreement, of the selected Bidder to collect ol from vehcles/users using the Project, except exempted vehicles, generate revenue through toll and by exploiting the commercial use of the Service Areas and other Allied Failte built by the Bidder as part ofthe Concession and to approprite the same uring the Concession Peri. The PPP Agreement shall include the terms and parameters of ‘the Concession as contained herein, ‘As required under the law, the changes in theDrat PPP Agreementshall be kept to minimum level; however, both the parties in good fit shall make efforts to protect the Interests ofeach ter for the success of the Projet. Bidders are expected to address all of the aspects of ‘heDraft PPP Agreementin thir submissions. The form and content of the negotiated PPP ‘Agroement are expected to conform closely to theDraft PPP Agreement included here as Appendix-11. AA Basic, Non-Negotiable Parameters ofthe Concession Follwving are the basic parameters ofthe Concession, The bidders ate required to consider these parameters, as fixed and non-negotiable, for preparing their bid proposals 8) Consession Period: The Concession will be for a maximum period of twenty-five @5) years, commencing from Effective Date ie. signing of the PPP Agreement inclusive of financial close period b) Financial Close Period: The Concessionire will have to achieve Financial Close within one hundred and eighty (180) calendar days from the Effective Date. During this phase the Concessonsire shall keop NHA. well posted of its activities / correspondence with potetial lenders / financial institutions. The Financial Close period may be extended for another period of maximum one hundred and twenty (120) ays subject to approval of NHA upon providing sufficient evidence of efforts made by the Coneessionaire for achievement of Financial Close. ©) Expenditures before Financial Close Incase the Concession is unable to achieve the Financial Close its Financial Close Bond shall be forfeited and NH. shall not be iable to any claim(s) (in pat or as a whole) for any expenses) that are incurred on, iner-alia, the prepaation/submission of bid proposal, incorporation of the Project, Company, negotiating the PPP Agreement or prepaatin of project design, whatsoever. 4) Construction Period: Construction period fr the Project will be thirty (30) months ‘rom the date of achievement of Financil Close ©) Land/Concestion Area: NHA shall, at its own costee 2 » deliver to the Concessionare immediately after the Financial Close, the vacant possession of the constriction comidor matching with the construction plans inline with the Approved Detaled DesignApproved Detailed Design. The land for service areas, interchanges and any other ancillary facilites will be made available by NILA ‘within ix (06) moaths of submission of Detiled Design. The Right of Way together with the Concession Area to be made available by NHA, will be fenced by the ‘Concessionare as per Approved Detailed Design However, bidders will be provided access to the Concession Area for conducting surveys for preparation of ther bids. Project Company: The successful Bidder will have to incorporate a private limited company with the Securities & Exchange Commission of Pakistan SECP") inthe fom of a special purpose vehicle ("SPV"), who will exceute a PPP Agreement with NHA as Concessionate. [Bid Security: For a Bid tobe responsive, cach Bidder is required to provide, asa pat ofits Technical Proposal, a Bid Security in the amount of PKR 150,000,000 (Pak Rupees one hundred fity million only). The Bid Security shall be denominated in Pakistani Rupees, and shall bein the form as detailed under Section D.S.1 ofthis RFP. GOP/NHA’s Financial Support: The GOP/NHA shall provide Financial Suppor Viability gap Funding. (°VGE") in the form of capital and operational VGP as given below i, Capital VGF During Construction Period: GOP shall provide capital VGP with {maximum limit of PKR 43.00 Billion (Pak Rupees Forty Three Bilion only) in the form of Equity (“Cass B” equity shares) having no dividend and voting righ. ‘The capital VGF shall be rovided during constuction period (30 months) of the project and shall be paid inten (10) equal quarterly instalments. Each instalment STall be ccleased atthe begining ofeach quarter. The disbursement of Capital ‘GF shall be ensured through an esrow account arangemeat fi, Operational VGE During Operations Period: NHA shall provide the Operational VGF, per annum forthe frst seven (07) Operational years of the Projet in the form ofthe “Subsidy” (annual equal amounts). The Bidder's quote of the VGF amount shall be inclusive ofall the applicable taxes. The Operational ‘VGF instalment shall be paid in the fist quarter of each Operational Year (om Operational Year I to 7). Each instalment shall be released a the begining of fist {quarter of each Operational Year. ‘As an effort to enhance the viability bankablityof the project, NHA has planned to ring fence the cashflows of M-S (ol reventes less operations & maintenance ‘ost forthe frst 7 operational years of the project to fund operational VGF payment obligations. In case of a shortfall, GOP/ NHA will bridge the ep. ‘The provision of Capital and Operational VGF shall be secured by issuing revolving 'SBLC backed by sovereign guarante o be issued by GOP or some other GOP-hacked ‘guarantee financial instrument to ensue the bankabilityof the Project. Equity & Debt Requirement: The Concession shall be responsible for arranging project financing and shall be required to commit a minigaum tity perent (30%) of the Project Cost (after deducting the amount of ‘capital Viability gap funding (VGP) and toll & Vod » =) » ° _--REP fc Hyer = Suhr Motor. (M6) ‘Whereas, maximum seventy percent (70%) of the Project Cost, after deducting the amount of GOPINFIA’s Financial Support as upfront viability gap funding (VGF) and toll & other income during construction}, shall be aranged by the Concessionsre as Debt. Debt Repavment or Restructuring: ‘The Concestionaire and the Financiers shall be responsible to Keep NHA informed, through quarterly report, about the stats of debt repayment and shall also keep NHA informed iP any’ change inthe debt term is made that include, inter-aia restructuring, rescheduling refinancing et PPP Authority Fee: ‘The succesfil Bidder (as Concessionaire) shall pay to Pubic Private Parnership Authority (7P3A”) an equivalent amount of 0.15 % ofthe Estimated Project Cost ’P3A Fee"), as quoted by the successful Bidder and accepted by NHA, ‘within a period of thity (30) days of achievement of Financial Close/ Appointed Date Removal/Relocation of Public Utils: NHA shall be responsible to remove / relocate the public utilities, which are required to be removed /telocated for construction of the Project, at its own rsk and cost. The utilities shall be removed! relocated in a reasonable time afer submission of ules relocation folder by the ‘Concessionaire in its Detailed Design, However, the ducts including bridges! box culverts wherever required) for the ‘existing utes crossing aeoss the motorvay, including, but not limited to, su-gas Pipeline, water pipeline et. shall be provided by the Concessionaie at its own cos Euture Public Utilities: The Concessionsite shall be responsible for providing service comidoridut in order to provide space for cables/utlites and Concessionaire may charge rentals, subject to the conditions imposed by and approvals granted by [NHA as per rules, regulations & SOP's of NHA, wheress, one-time fee for granting permission or issuance of NOC, asthe case may be, shall be retained by NHA. Riding Quality: Since Hyderabad - Sukkur Motorway is a greenfield project, NA expects that riding quality of the Project would meet high quality intemational Standards, The roughness of the pavement level (riding quality) for the Concession Period, in terms of International Roughness Index (IRI — mk), over any one (I) Kilometre length of any single Lane shall be a follows: i. Upon Construction Completion mis10 During the Operations Period Inis25 Sil, Upon overay / rehabilitation IRI<15 iv. Onthe Transfer Date IRI<20 Additional Interchange/Toll Plaza: NHA/GOP may desire to build any addtional interchangeltoll plaza (ober than the interchangestoll plazas to be established as pat ‘ofthe Project Scope of Work, Appendis-1 ofthis RFP) during Concession Period For this additional interchange/oll plaza, NILAIGOP shall provide land (if required) and shall bea its costs and expenses Incase the Concessionare desires to build any additonal interchangestoll plaza (other than the interchanges/toll plazas to be established a5 part of the Project Scope of ‘Work, Appendis-1 of this RFP) during the Concession Period, it shall seek approvalrte strstr 8 » » 9 9 fown costs, efforts and expenses. In case the additional land is required for this itionalintrcbangetoll plaza, it shal be procured by the Concessionaire at its own ost, which shall be mutated inthe name of NHA. However, the Concessionaite shall tet the design accepted from NITA for new interchange/toll plaza, which will meet ‘minimum standard design criteria ofthe Project. ‘This additonal interchangetll plaza, constructed by NHA or by the Coneessionaite, shall become part of Project Assets and the Concessionaire shall be responsible for the operation and maintenance of additonal interchangeltoll plaza and its allied facies. Variations: The Concessionaire may propose Variations to the Approved Detailed Design or NHA may request @ Variation to the Approved Detailed Design in sccordance withthe terms and conditions of the PPP Agreement. If such Variation is proposed during the Construction Period, the price shall be derived from the CConcessionare’s Bid Price. In the event that a Variation is proposed during the Operations Period, the rates shall be based on prevailing market prices as verified by the Independent Engincer (“IE”) Project Tolling Rights: The Concessionsire shal be given tolling rights ofthe Project, ‘under closed tolling system. However, the Concessionsre shall be obligated to ‘coordinate and implement at is own cost, an integrated etllng system, providing ‘uninterrupted visibility to NHA at ll mes, with the objective that the road users have to make single entry and single ext while travelling on Karachi-Hyderabad motorway (0469) and even to Sukkur- Mulian motorway (MS) during the Concession Period ‘Base_Year Toll Rates: The Base Year Toll rates, applicable from the Service Commencement Date of the Project, ie. once the Project is filly operations after completion of Motorway, are fixed as under Vehicle Category Base Toll Rate (PKR/Km) | (Clas 1 Carteep/ Taxi 2.80 (Class 2: Hiace/Wagon/Van 470 (Class 3: Mini Bus/Coaster 6.60. (Clas 4: Buses 9.40 (Cas 5: Trucks (2 & 3 Axle) 1220 Class 6: Articulated Trucks 15.70 Toll Escalation: No toll escalation shall be allowed during Construction ‘even if section of the Project is opened for vehicular talc. Seven and half percent (7.5%) annual Toll escalation shall be applied during the frst sb (06) years iter Service Commencement Date and thereafter Six & half percent (6.5%) snnval Tol ‘xcalaton shall be applied. NHA Revenue Sharing: NHA Revenue Sharing (i proposed) shall be quoted jn terms ‘of percentage of gross revenue (ie. tll revenue plus other revenues) and in nominal terms 10 be calculated in the bidder's financial model which will be considered guaranteed amount. The Concession shall pay annually to NHA, the guaranteed 7/Page» » ») » » a “a Future Com “The Concessonsie shall have the right to earn revenue ‘om commercial use of ROW. The same shall be clearly identified and shall be shown inthe financial model. Any fatue avenues of earning revenue not contemplated inthe financial model shall be subject to mutually greed terms and approval of NHA. REP fo Hyderabad = Shut Motorway (MS) Exempted Vehicles: The Concessionaire will not be required to exempt any specie ‘ehiele types or group of road users from the payment of tolls except the following: i. Provincial and National Highways & Motorway Police fi, Fre Brigades iii, Ambulances iv. Ammed Forces of Pakistan vehicles bearing broad arrow number plates Vehicles having Supreme Court / High Court Flags / Insignia Plates However, Concessionare can make arrangements with regular users ofthe facility (citer individuals, companies or others), cly to reduce the tol charged in individual, cases, NHA shall not be made responsible for any such arrangement and shall not be Fiabe of any claims) whatsoever in this regard, Project Escrow Account: The Concessonsire shall be responsible to open snd establish an Eserow Account in addition other projest accounts. The nature, scope and operation of the Escrow Account ineluding but not limited to the preferential rights of NHA shall be finalized’ negotixed during finalization! negotiation of PPP ‘Agreement and Escrow Agreement Penalties: In the event that the Concessonaire does not comply with performance indiators given in the PPP Agreement ard the Operations Manual, the Independent Engineer ("IE") shall make determination of the penalty amounts payable by the CConcessionaite to NHA, The amounts shall be retrieved from the Project Eserow ‘Account afer detersnation by the IE. ‘The Concessionare shall bear the entire cost of Independent Engineer CIE") and Independent Auditor ("IA") sod shall make monthly payments to them after dv verification oftheir invoices (in rms oftheir services and performance) by NHA Representative Sectional Completion: Upon sectional 2ompletion of the project, ic. substantial ‘completion of continuous stretch of motceway between any two interchanges of the Project (cluding, but not limited to: completion of fence, interchange(s) for centryexit, relevant toll plazas and all other safety measures allied facilities), the ‘Concessionate shall be allowed to open tat stretch to tefl, The following tol rates. shall be applicable during construction phase or any extended period of ‘construction phase, subject to ensuring te safety and reliability standards asset by NHA and verification of Independent Engineer (10 be appointed afer signing of PPP Agreement). BiPaveNua A Rr fo yer = Suku Motorway (M8) sa) by 2) a) 2 “oll Rates Rupees (Ke) Vehicle Category Concession | Concession Year (0-13) | Vear (15-25) Case 1 Careepr Tat 2a 2.60 (Class: Hinoe/Wayon/Van 407 437 ‘Cass 3: Mini Bus Coaster su) eas Class 4: Buses 413 4 Chas 5 Trikes @ © 3 Axle) 1086 113s Class G Anteulsted Treks | 13.59 14.60 Sectional opening of the Projects offered to support Concessionare’'s cash low during Construction Period, whereas, actual Base Year Toll Rates shall be applied upon Substantial Completion of the Project, along with allied facilities, of the Project and subsequently annual tll escalation shall be allowed Completion of Incomplete & Remaining Works: The Concessionaire shall be responsible o complete the works identified in List of Incomplete and Remaining ‘Works within six (06) months period subsequent to issuance of Substantial Completion Cerificate Eroject Risks: The Concessionsre, inter-alia, shall exclusively bear the risks of ‘demand incloding tai, forex and cost & time overrun, all commercial risks, design, ‘construction, performance and insurance risks. NHA shall share the sk of change in law, force majeure and poliial risk, NH shall also support the project lenders by iving. them step-in and substitution rights, in aceordance with the tems and ‘conditions of the PPP Agreement and lenders direct agreement (to be signed if required by the lenders). ‘Taxation framework: The Concessionair shall be lable to pay all eppicable taxes ‘ofthe Federal or Provincial Government of Pakistan. The bidders must show in their Financial Model the extent and timing ofits tax provision and the proposed tax ‘depreciation policy that wil be adopted foreach category of Project Assets. Eaciiies for NHA Representative: ‘The Concessionate shall provide, for NHA Representative and project staf, a fully furnished office atthe Concession Area and transportation facilites as desribed in Appendix-I: Pojest Description and Scope of Work Capacity Development NILA Officials: The Concessionsre shall arrange: {Training abroad for a least for two (02) NHA officials, inthe field of PPP project structuring / development. The taining level must be equal to or beter ‘han that provided by the IP3 Insitute USA; i. A visit abroad for atleast fortwo (02) NHA officials to visit PPP projects to have experience of implementation of PPP projets. 9|Pagea Rules & Regulations: The rules and regulations, manuals and standards made by NNHA or othervise adopted by NHA shall apply on the Project for the purposes of achieving harmony and uniformity. REP foc iyerabad~Sukhur Motorway 0M) For commercial use of ROW, the Concessionsre shall adopt the prevaling standards sand rates of NHA as preseribed in SOP for commmerciaizaion of ROW. 4e) Euture Safety and Connectivity: To address the future highway safety issues, tunic congestion and ensuring connectivity of the residents ofthe area, during the ‘Concession Period, the required structure (other than the structres to be established as par’ of Scope of Work, Appendix-1 of this RFP) shall be provided by. the ‘Concessonaire at its own cost. However the addtional lant (& required) shall be provided by NHA. a ‘Traffle Visibility: The Bidder (as Concessonaie) shall ersure to provide NHA, Visibilyof all the data collecting in the operation centre and shal provide visibility of realtime tric data and toll collected on each toll plaza of the Project. The Concessionare shall be obliged, throughout the Concession Period, to submit a fortighily report, with respect to the tral operation of the Project to NHA. Prokeet Environment: The Bidder (as Concessonsie) shall keep the Concession Area in & safe condition in compliance withthe environmental requirements in accordance with the Laws of Pakistan. The Bidder (as Concessionsre) shall be esponsibe to procure all required consents for the Project under the Pakistan Environmental Protection Act 1997 and te approval ofthe Environmental Impact Assessmen fom the relevant EPA (Environment Protection Agency). ‘Transfer of Project: At the end ofthe Concession Petiod, the Project shall be returned to NHA in a well-maintained operational condition, meeing the riding quality standards and all other hand back requirements at a consideration of PKR 1.00 (Pak Rupee One only) to NHA as per Handback Requirements prescribed in the PPP Agrocment. AS Disel All information, assumptions and projections contained inthe REP including its appendices are indicative only and are provided solely to assist in a preliminary assessment of the Project. Nothing in these documents or elsewhere shall create any contractual relationship between NHA and any Bidder, nor shall commit NHA to any policy deserbat in these documents or slsewhere and nether Government of Pakstan nor NHA or any ofits consultants oF advisers will have any lability’ o responsibilty ithe information, assumptions or projections contained herein o otherwise in respect ofthe Project prove to be incorect. Its the responsibilty ofthe [Bidder to verify the information, assumptions and projections contained in these documents or elsewhere. AG Bribery & Collusion [NEA shall be entitled to reject the Bid or terminate the PPP Agreemert (signed) and recover fiom the successful Bidder the amount of any loss resulting from such termination if the successful Bidder shall have offered or given to any person any gift or consideration of any Kind as an inducement or reward for doing, oF forbearing to-do, any action in relation 19 obtaining, or execution of the Concession or any other contact with NHA, or for showing avour to any person in relation tothe Concession or any othe ith NHA, or ifany ofeee on its behalf (whether with or without the knowledge of the successful Bidder), or if the successful Bier shall have come to any agreement with another Bidder or numberof Bidders ‘whereby an agreed quotation or estimate shall be offered as @ Bid to NHA by one or more Bidders. [Pagea REP foc Hyderabad ~Subur Motorway (M6) 1B, MINIMUM TECHNICAL INFORMATION REQUIRED ‘The minimum technical information NHLA requires Bidders to submit in their Technical Proposal to be considered responsive to the technical requirements are set out in Seetions B.1 to BA below BA Mandatory Submission Following information / documentation, as detailed under Section B.1.1 to B..6 below, is mandatory for the Bidders to submit as part of Technical Proposal, to be considered responsive, Bul. Executive Summary A covering letter identifying the company(s), firm(), joint venture(s) or consortium, the relationship of the parties, the lead and associated company(s)firms) and an Executive Summary ofthe Bidders Technical Proposl (aot to exceed five page) BAL2. Power of Attorney ‘A Power of Attomey to the signatory of the Bid on following format must accompany the Bid: ‘Principal issuing authority of Power of Attorney) shall prove the legal documents cstablishing his authority of issuing the Power of Atlamey on bebalf of Firm / ‘Company / (fr al partners of FV/ consortium); ‘+ the name, designation / tile in the Firm / Company, ofthe person issuing the Power of ‘Atomey must be mentioned on the Power of Atorney; ‘+ the Power of Attomey’shall be submitted on stamp paper valuing Rs, 100; in ease of 8 foreign company, it may be issued on the Company's letterhead ‘+ the Power of Atiomey shall be in original with original sgnatures (scanned and clectronie signatures shall not be acceplble), ‘the Power of Attomey shall bear the name, specimen signature, specimen ints ofthe signatory of the Bid as well as his designation / tile in the Fiem / Company and identification number (CNIC/ Passport No.) BAL3 Copy of articles of incorporation/egal documents of private partes (companies! firms ete) ‘+ Allthe private parties tht comprise the bidder in case of ]V/ Consortium, ora single ‘or a partnership frm, a the case may be, shall submit eopy(es) of articles of | incorporation, memorandum of association, partnership deed or any other legal documents of incorporation pertaining to regisiration with SECP (Securities & Exchange Commission of Pakistan) or the Registrar of Firms. ‘© The foreign company(ics) shall submit copy of articles of incorporation, remorandum of association of any other legal documents of incorporation from its relevant autority(es) in the county ofits orn. ‘+ Ifthe conficate is in foreign language, the bidder shall stagh a copy of the accurate ‘translation in English 12/Page_— REP for Hysterabad = Sukhur Motormay (M6) BAA Joint Venture/ Consortium Following ate the requirements fora joint venture! consortium: ‘All companies/ firms comprising the joint venture! consortium shall be legally constituted, 4 All partners of the joint venture! consortium shall at all times and under all circumstances be liable jointly and severally to NHA for the execution of PPP ‘Agreement in accordance with the terms and conditions of the PPP Agreement. ‘© One of the partners of joint venture/ consortium shall be nominated as the “lead partner” and as provided in B.12 above, the authorization shall be evidenced by Submitting a power of atorey, signed by Tegally authorized signatories of all the joint ‘entre! consortium partners A copy of the JViconsorium agreement shall be submitted with the Technical Proposal stating the conditions under which it wil funeton, its period of duration, the persons authorized to represent and obligate it, the proportionate participation ofthe partners and any other information necessary to permit a full appraisal of its functioning, ‘Associaton Agreement) with consultants) hal be provided BAS Bid Security [Bidders are required to submit Bid Security as specified in Setion DS. below. BAG Statement of Bid Conformity A Statement of Bid Conformity, stating whether or not the Bid conforms to all requirements ‘of the RFP. The requirements of bid conformity are stout in Section E.3.8 below, B2_ BOT Managerial, Technical and Construction Qualifications ‘A narrative and graphic presentation of the bidder's curent managers, corporat, tecnica, construction and other related qualifications to undertake and successfully design, finance, onstrct, commission, develop, manage, operats, maintain, insure and transfer atthe end of the Concession Period, the Project under BOT arrangement. It should also highlight the ompanizational chart of the Bidder. It should further elaborate in detail the relevant experience of the bidder (any firm/ company included in JV/ consortium) in different aspects ofthe project ie financial close, desig, construction supervision and construction of similar project a8 particularly mentioned in Section D2. The narrative must explain the Bidder's [BOT insittional arrangements; including its proposed project organization, particularly IRI Less than 3.5 m/km for each lane-km TTruts not more than 10 mm No settlement on structure approaches ‘no potholes Wo shoving > 7 9p0t per km No Bleeding/ ravelling ‘no edge deformation no shallow depression Patchwork profile Range + 15 mm no false ditch (shoulder build up ‘causes water to drain back on to the pavement) no drop off, No reverse slope, no edge step and| TRI requirement to be addressed immediately Upon breach of the given criteria Potholes causing a threat to satety wall be responded immediately others within 2-3 days of notification. Bleeding surface to be treated immediately within 5 days.‘ate wo false ditch due to raised | Shall be corrected within| Paved Shoulders (if | Smooth (No 95 shoulder from FRL in (shoulder | 2-3 days if shoulder are any) standing of F to drain | deformed water) bback_on_to the pavement) no Width as per scouring approved design No water accumulation on surface ‘Smooth Pot Role 7 patch Road Shoulder and | Safe Smooth and 90 ‘As per cross- section damaged due to Service Road (surface | as per approved No water ponding settlement / treated) design No chipping off of the material | deformation, shall be No pothole corrected within 5 days Follow size separator of ‘aggregates! No use of undersize material No deformation/ settlement in unbound layers Proper Cross drainage and surface drainage be ensured for service road and outer shoulders (by providing chutes at proper distance and its regular cleaning) Chipping off of the material where observed in excess, shall be re- laid on quarterly basis. Complete resurfacing shall be carried out, if ‘TST surface is deformed > 25% per linear length.blockade temporary diversion neat Respond Inmelate Upon Neat rotation Merete Sight cstance earn Ron il promptly and Grass ‘Turf ‘Sight Distance auvesetc. Passing a Properly disposed of within Present Rosdvay eat eae Sah baie ——] 4 neon headwalls, paved ditches dusts over aadide appears wea ad ean | Respond eveaaly Debrisand | Neat Ronde” | atective 2 Roadside appears neat and clean | Respond immediately Liter Matba | Neat | Aiusctive | eat and clean Repo aay Landscaping | stable ‘Minimal erosion and Respond immediately stable no erosion showing 2 patter that slope Necesion Wel endanger the tity ofthe slope The slope of pitching surface | Respond immediately Slope Pitching | No Disturbed shouldbe as per desan slope, ching Sight variation E Tne ralfic poe an reve | Respond Tae ‘niu Blockage, emted constructructurally 5s deteriorated barrel Fepair or reconstr Open >90%diameter open shall ‘rains property [rains property be attended and doints Intact (oints intact completed immediately Discharge [ust be free of Blockade Capacity as per minimal erosion at ends ross pipes design end protection intact No erosion no dip in road over pipe inciting Skructurally sound <5% deteriorated barrel Tepair or reconstruction Open 395%dlameter open shall Drains properly drains propert be attended and Joints intact joints intact ‘completed immediately Discharge no evidence of flooding Box Culverts /Slab | Capacity as per minimal erosion at ends Culverts design [end protection intact 7 No Erosion no dip in road over pipe incicating ‘Aligned TTolerances/ Criteria | repair or reconstruction Structurally sound Toundermining or undercut | shall Clean requiring action be attended and drains no spalling completed immediately ‘no obstruction to flow of water that requires action‘Open io obstruction Tepair oF reconstruction ‘Storm Drains No flooding 8 S shall | Drop inlets. No settlement Tio evidence of flooding be attended and ‘completed at the earliest | Taine io obstruction. Tepair oF reconstruction | Clean/érain 8 no unsealed crackss6mmm shall | Kerb and Gutter ‘Sound no spalling>¥< inch deep be attended and No undermining =25i of surface spalled ‘completed at the earliest No erosion due to Erosion not to be allowed to | repair or reconstruction Erosion / scour / ‘Scour 95 Continue shall = ar ee gee oar) acon pein 0 mpm co %‘Smooth ride, Strong, Tino graffiti on structures ‘Structurally critical ‘esthetic, wide 100 Conditions (Soundness ‘encugh and Soundness score (Level!) as per| Level - Il or more) must Overall Bridge available at legal INHA Bridge Inspection Manual | be notified and road speed limit | user safety measures be | censured immediately, followed by repair work within 24 hours of damage occurrence Percent ‘sper approved | Functional Repair or replace badly ‘Traffic Safety Furetional oem damaged traffic safety Features (Railings, Manual features within 1-2 days Parapet, Wing walis, | damaged but functional Drainage spouts etc) traffic safety features ‘will be replaced within a week ‘Smooth ‘Axper Approved | minimal spalls cracks or sealing | Structurally critical Strong 08M Manual — | clean deck Conditions must be Deck ‘Wide enough notified immediately Drains property Drains 7scuppers are clean and FunctionalSeren no loss of section oF cracks | Stucuraly eral Clearance Paintin good shape conditions must be uperstructure eshte ospalling “| notified immediately Droper vertiea _ proper opening Seong ho spals, racks, scaling | Sructuralyerticat too good Bearing assemblies functional | conitions must be safe from settlement abutment seats cleaned and — | notified immediately Substructure all zomponents Smooth Pier seats clean and sound Joints do not leak ‘bearings clean, sound and lubricated periodically 53. Pavement Markit Delineators and Reflectors Tepair or reconstruction or Bright visible ‘as perOaM | Present Painted Manual 95% clear of debris | repaint shall be in? languages attended immediately Pavement marking | intact upright of surface damaged ‘Object markers and | Reflective Road should be » 3 star forall Delineators, Km stone | present in right, applicable road user types 5 km stone location placement meets industry standards Present reinforced 9 painted ‘lear of obstruction Placement meets ‘industry standards Tepait oF reconstruction or repaint shall be attended immediatelyPainting printing 90% clear of obstruction Tepai oF reconstruction oF letters on Road Signs | Painted tomatch = | 95 repaint shall be km stone with ‘Tomatch with the existing | attended immediately ‘And 5kmstone existing EE si eceheno a ‘9BKlights functional Remedy the reason of non: 98% clear obstruction functional of lights so Lighting arrangement 98% Lights on fog prone areas. | that lighting is restored within 6 hours replace any damaged painting. poles, switch box or transformer immediately | fF reasonable time decided by Independent 100 ‘TOOK Patrolling arrangement — | immediate response within set Security _ lr ———C. pees _ {00% suvellane of key pott|incdent and taen with _ Uplate equipment _ weatpie Eb | Ps - + Water supply, daage & — ny veition unctonalbulng so [ting et 3 tolet always hall be functinat_| Selb done within one | ngndsde amenity Water supply | _ 4 ter spy BE gis Fnctional he Truck lay by | Grnage payement Bling or outetde the building | tghting landscaping | ‘95% of total time the water | supply] 95% of total paved area shall be crack-free ‘95% of kerbs and channel are in Perfect condition Building to be repainted every year Equipment at Toll Plaza ms Weigh station Furctional /efficient Clean Lighting Safety Landscaping Centralized Operation Centre wi ensure smooth traffic flow through electronic traffic ‘management system, completing its ‘operation with CCTV (closed circuit TV system) 5 "100% functional tall equipment TTS /weigh station with adequate backup arrangement 100% Maintenance agreement with vendors for quick response 100% Staff should be properly uniformed. 95% Lightings power 95 % furnished / painted CTY and allied system 100% functional with adequate Repair/replace refinish within one daySafety TOOT accident management Vehicle recovery and ‘Accident Management | Lane availabiity % and accident management recovery vehicle recovery response to be made | within | 95% lane availability 15 minutes Reporting Condition 00% Required detailed Roughness Nonitoring 100 reporting Condition biannually Bridge Management System (BMS) Pavement. Management System (Pas)Project Implementation Unit office/ Operations and Maintenance buildings including laboratory building toilet Funetion alclean hygienic structure efficient ay Comfortable 00% functional PIU office and laboratory ‘9B%functional laboratory testing ‘equipment and apparatus 100xtestingfacilityof any type of tests ‘9BRlights functional, water supply and Repair/replace/retinish within one day water Seinege functional supply ‘98%time equipment — | drainage (ite AC, water cone, tgning heater fnctiont pavement 1008 faring tem Equipment tobe refinished once Furniture in every two years | 100% urtire fantonl Teal bung tobe painted every year a Zito,The Toll processing time for each vehicle per lane shall not exceed ten (10) seconds. In the event the Toll processing time at any Toll Plaza exceeds ten (10) seconds for a duration of one (1) Month at any Toll Processing _| time during the Concession Period (in the ordinary course), the Concessionaire shall forthwith add an Time ‘additional lane or upgrade the system deployed at the Toli Plazas to ensure that the Toll processing time for each vehicle per lane shall not exceed ten (10) seconds. TTS Systems | Remains functional a ‘Weigh Bridges — | Remains Tunctionat 7 (6SWM and WIM)Handback Requirements ‘Subject tothe terms of this agreement of the transfer date, concessionaire shall comply with and ‘ong to the following Handback Regirements in respect ofthe project asses Ora a “Miia REQUIREMENTS ‘Concession Area ENERcaLachading Shoulders and'Slopes ‘Concession Ares slong with projec asset shal be fice fom any ligation and dispe ‘Concession Area/ /Projet Assets shall be | free from debris, surplus material or | leftover constsction mate Sa International Roughness Index (RI) a the Fxpiey Date Lest than 20m per kn for each ane If terminated diting the Operation Pio: ‘Less than 3.0 m per han for each lane pet ke Potholes / Depresions Ni Character Deletion ‘As pez Approved Dealed Design > 7 10% Slopes(Pavements,Shouldes) As per Approved Detaled Design > = 10% Caskng Ni Rut Dept Nor Exeating TO Teng nt move dan 39 af he Moone leg, Raveting Ni FPavemett Edge Deommaton Ni Pavement Ege Diep Ni Paved Shales ‘No evened, ho wang nd no op SF frown han shuld awh wet Dea Road Marking 100% wih der ally an eiecioa ‘Gr Taring/Vgetain ‘Neat agit dnoce cea ineeston, ers Sop ‘No eran and dope i sable = ‘Slope Pitching ‘Neat and no disturbed pitching finn z ann SE Gos Pes ‘No erosion, suctaly sound jas are al inet et opcam an dow steamside seine ool dine ropes Box Calera /Sab Cavers To erson, suc sound ja ae all inne, ety matene cal cower Sid ars eran din prope, ‘Dian Dich Lned oe Cand) “AT dias are cean, no danage aod Ay Fane Drainage Seuctures Scructually sound, oe Tact, no ca | sad dns pope a and Guar Structurally sound, funcional and no spall aS wer‘Baidges/Culvers| ‘Simooth ride, seactorlly sound. Goundaess LeveL D 0 crack ad fully Faaeional. Parapet walls and mings ate in perfect condition and feesly painted, NIB in perfect condition, wening course perfecly doped without any fet, expansion joints in perfect condition, benings ate all checked and approved by the Independent Eapincer Orie Structure Hike Retaang Wal, Toe Wall Stanly sound wh no cad dened wd | peed where senate ‘Ancllagy Works z ‘Crh Barer Seructually sound, replaced wilh new one wheter broken, damaged oF missing TRoad Signs/Maings, Dalinetows, Road Stade cee and’ Other Road Furniture Good lacy, ab, wate | tepliced ‘with new one weet broken, Giged orig, pine, preset a bioprlaon, prope moued anal ze Tiamination Lighting AID Eghtng shall be functional and poles are ropes erected and printed | ‘Riainisiative Office, Centralized |All uldings aren good shape and functional, Operation Center, Toll Plazas, Service | fs paintings inside and outside the building, ‘Areas and Weigh Stations no Asmage inside and outside the building. | condition ‘water supply, cesinage sytem and clctrial {reall functonal, no damage in the internal pavement, internal” oad. pavement and Patling area are resurficed with road Pairings feshly apped, all furituge are in ftbfictory condiaon and broken ones ate repliced with new one, femishing items are rephced sath fesh ones, water reservoie 15 les, ai condioners, watercoolers, heaters ste supplied are all in fairy good workingReference Design (Depicting Fundamental Employer Requirements) he"Appendix ~7 Format of Curriculum Vitae 1. Proposed Position 2 Name of Firm Name of Statt Dato of Birth 4. Nationality: 5. ONICNe. Education: I r Cay 7. Membership of Professional Associations: 8 Other Training: 8 Languages: CEonocns Language Speaking Reading ‘Waiting 10. Employment Record:‘11, Detailed Tasks Assigned on the Project: 12, Work Undertaken that Best llustratos Capability to Handle the Tasks Assigned 13. Certification |, the undersigned, certty that fo the best of my knowledge and belie, this CV correctly escrbes my quaificaions, my experience and myself. | understand that any wilful misstatement described herein may lead to my dsquaifieation or dismissal, engaged. ‘Signature of Sia Member — Date ‘Alhorized Oficial rom he Fimix—8 Public Private Partnership Authority Act, 2017 and Public Private Partnership Authority (Amendment) Act, 2021REGISTERED NoML-302 17646 EXTRAORDINARY PUBLISHED BY AUTHORITY ISLAMABAD, FRIDAY, MARCH 31, 2017 PARE ‘Acts Ordinances, President's Orders and Regulations NATIONAL ASSEMBLY SECRETARIAT Islamabad, the 291h Starch, 2017 No. F,22(20)/2016-Legis.—The following Ast of Als (Parliament) received the assent ofthe President on the 27th Mar Published for general information: — ACT NO. VIL OF 2017 An Act 10 provide a regulatory and enabling environment for private Participation in provision of public infrastructure and related services through fair and transparent procuremeu processes (WHEREAS iti expodient to establish regulary framework to execute public private partnership in Pakistan so a to promote demestic and foreign private investment in infrastructure to increase availability of public infrastructure, reduce transaction costs, ensure appropriate regulatory contals, and provide legal and ‘economic mechanisms to enable the resolution of contract disputes, among ethers through transparent and fair procurement process; Ise ented follows — : om (yw Price: Rs. 1050 Ww (s19@017¥ex.6x2)FTE OF PAKISTAY Past CHAPTER | Preliminary 1, Short ttle, extent, application and commencement—{(1) This ‘Act may be called the Public Private Partnership Authority Act, 2017, (2) Iextenc’ to the whole of Pakistan, 3) Itshall come into force at once! (4) _ltshall apply to all kinds of projects undertaken by an implementing agency under public p vate partnership. 2, Definitisas.—In this Act, unless there is anything repugnant inthe subject or context— (@) “agreement” means a written agreement between an implementing ‘agency and a private party for implementation ofa project and any other agreement subsidiary or incidental to it; (b) “Authority” means the Public Private Partnership Authority established under seston 3; (©) “Board” means the Board constituted by the Federal Government in accordance with section 6; (@)_ “bid doc aments” means request for proposal or pre-qualification, issued by implementing agency under the provisions ofthis Act, (©) *Compeny”” means infrastructure Project Development Facility (IPDF), a corporate entity registered and operating under the provisioas ofthe Companies Ordinance, 1984; (9) “pute” moans eny monctary claim or contractual dispute bonween ‘private party and an implemesting agency under an agreement, (@) “implementing ageney” means any of the line ministries, attached departments, body corporate, autonomous body of the Federal Governrvent or any organization or corporation owned oF controled bythe Fader Goverment, (h) “lender means anni niuion ta provides WG dite party for implementation of a project; \ ~