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State of Tamilnadu - Section

Section 37 in Tamil Nadu Transparency in Tenders (Public Private Partnership Procurement) Rules, 2012

37. Request for Technical Proposal(RTP).

(1)Subject to the provisions of rule 5, where the Procuring Entity determines that a Request for Technical Proposals (RTP) should be made prior to the Request for Proposals, the Tender Inviting Authority shall issue a Request for Technical Proposals to all qualified applicants.
(2)The Request for Technical Proposals (RTP) shall involve a technical evaluation in the form of a pass or fail test, and only submissions that pass the minimum technical criteria will be invited to submit a Final Offer at the Request for Proposal (RFP) stage.Explanation. - For the purpose of sub-rule (2), a pass or fail test would includes a test based on a marking system with a minimum score requirement.
(3)The Request for Technical Proposals (RTP) shall specify the Minimum Technical Requirements (MTR), formulated based on the Feasibility Study or detailed project study or such other study.
(4)The Minimum Technical Requirements (MTR) shall be a description of outcomes that are sought to be achieved and not necessarily the means by which they are to be achieved and to the extent possible the Minimum Technical Requirements (MTR) shall be technology and brand neutral.
(5)The Minimum Technical Requirements (MTR) shall necessarily include the following:
(a)description of the scope of the Project; which shall mean the physical facilities that need to be constructed, the capacity of each such facility or its component and related aspects;
(b)output specifications; which shall include a description of the target users, levels of service, quality standards and performance parameters;
(c)the design and safety codes or standards that the facility must comply to, including for management of social and environmental impacts;
(d)the operation requirements including the standards to be followed for operations of the facility and provision of service including standards for safety, security, labour relations, quality, monitoring, reporting and dissemination, service levels to be offered to customers including waiting times and standards for grievance redressal;
(e)maintenance requirements including the maintenance standards and schedule for compliance; and
(f)testing and performance monitoring requirements specifying the tests that would be carried out for performance monitoring and the key performance indicators that would be monitored.
(6)The Request for Technical Proposal (RTP) shall ordinarily require the Qualified Applicants to submit responses on the technical solution, business solution and financial plan for implementing the Project. The Procuring Entity shall define and document the specific requirements for Technical Proposal for each Project in the Request for Technical Proposal (RTP), which have not already been assessed at the Request for Qualification (RFQ) stage and shall ordinarily include:
(a)Basic information about the Qualified Applicant:
(i)Corporate information about the Qualified Applicant;
(ii)Constitutional documents of the Qualified Applicant;
(iii)Annual reports (if required);
(iv)Details about business activities including number of years of operation, certifications, tie ups and similar arrangements; and
(v)Any other documents considered relevant.
(b)Experience of the Applicant, relevant to the Project:
(i)Details of the project experience; and
(ii)Certificates and other documentation supporting the project experience;
(c)Approach and methodology for implementation of the Project, including:
(i)Understanding of the scope of work;
(ii)Technical solution proposed or the approach for implementation of the Project;
(iii)Activity plan and schedule;
(iv)Details of the facility or service proposed;
(v)Brief construction plan; and
(vi)Brief operations and maintenance plan;
(d)Business plan for implementation of the Project, including.-
(i)Organisation structure of the Concessionaire;
(ii)Marketing plan;
(iii)Environmental and social impact management plan;
(iv)Tie-ups and associations; and
(v)Identification of risks and risk management plan.
(e)Financial plan for implementation of the Project, including.-
(i)Sources of finances and their expected boundary conditions;
(ii)Plan for financial sustainability of the Public Private Partnership (PPP) Project; and
(iii)Projected financial assessments and key assumptions.
(7)Each of the parameters shall be clearly defined for evaluation of the Technical Proposal and assigned a maximum score.
(8)The threshold or cut-off score for the pass or fail test based on Minimum Technical Requirements shall be pre-determined and specified in the Request for Technical Proposal (RTP).