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With 600 it and more Summaries Nursing in PDF only on Docsity! 1 REPUBLIC OF KENYA: MINISTRY OF DEFENCE REQUEST FOR QUALIFICATIONS OF BIDDERS FOR THE FINANCING, DESIGN, CONSTRUCTION AND COMMISSIONING OF RESIDENTIAL ACCOMMODATION FOR THE KENYA DEFENCE FORCES ON A BUILD-LEASE-AND-TRANSFER(BLT) BASIS TENDER NO: MOD/INFRAS/024/20/21 ADDENDUM/CLARIFICATION NO: 3 2 20th April 2021 Tender No: MOD/INFRAS/024/20/21 Project: Financing, Design, Construction and Commissioning of Residential Accommodation for the Kenya Defence Forces on a Build-Lease-And-Transfer (BLT) Basis To: All Prospective Bidders Addendum/Clarification No: 3 Following the issuance of the RFQ on the 18th of March 2021; the issuance of Addendum No:1 on 6th April 2021, the Pre-bid meeting/Investor Conference held on 13th April 2021, the issuance of Addendum No:2 on 14th April 2021; Prospective Bidders are advised to take note of the response to queries and request for clarifications during the virtual Pre-bid meeting/Investor Conference held on 13th April 2021, as well as the response to queries and request for clarifications made subsequent to 13th April 2021, to date. RESPONSE TO QUERIES AND REQUEST FOR CLARIFICATION DURING THE VIRTUAL INVESTORS/PRE-BID CONFERENCE HELD ON 13TH APRIL 2021 S/No. Section Question Response 1. Project Land Acreage and Project Sites (1) What is the total acreage available for construction? a) The acreage set aside for housing is as follows: i.Roysambu – 15 acres, ii.Kwambuzi (Nanyuki) – 300 acres, iii.Nyali Barracks – 10 acres, iv.Lanet Barracks – 21 acres, and v.Gilgil Barracks - 200 acres. b) Bidders will be expected to optimize land usage in their designs that will form part of their RFP bids. (2) The 200 acreage in Gilgil, does this mean that we can use the whole 200 acres in the housing project or this is just the whole camp and the housing project will be a small allocated portion of it? The 200 acres has been demarcated for housing purposes. For this first phase of the project, it is expected that the units constructed will utilize a portion of the 200 acres. This also applies to the other sites. 5 S/No. Section Question Response (2) Can we choose one site rather than all the available sites? the project as such. Consequently, the winning bidder will be expected to design, build and finance the housing units across the five (5) sites and deliver them within the two-year construction period. (3) Can the investor apply for one or two lots, instead of the whole project? 4. Quarterly Payments (1) Is there any assurance by form of an undertaking/performance guarantee from the Ministry to ensure that the quarterly payments are not delayed? (2) Delay in these payments is very risky for the EPC contractor. a) The MoD anticipates no delays in the quarterly payments. These quarterly payments are accumulated from the monthly housing allowances of the officers’ salaries which are normally paid on time without any delays. b) In the unlikely event of delay, reference will be made to the default interest rate of the senior lenders to the ProjectCo as per their financing agreement. c) The project duration is 15 years with 2 years for construction. During the 2- year construction period, a quarterly capital contribution equivalent to KES 125Million will be made in arrears. Post- construction, quarterly lease payments of KES 125Million will be paid to ProjectCo for the remaining project term of 13 years. As a result, the total outlay for capital contributions and quarterly lease payments is KES 7.5Billion and not KES 6.5Billion. (3) Please, could you confirm guarantee for the KES 125M over the 15 years? (4) Please advise if there is a delay in the quarterly Kshs 125 million what rates of interest will be applied on the delay (5) Can you kindly clarify as to why the lease payments are to cater for 52 quarters, equivalent to 13 years while the lease period is 15 years? (6) Can you please clarify about the quarterly payments of 125 million for 52 quarters as the total works out to KES 6.5 billion? (7) What is the rationale of charging rent - are you 6 S/No. Section Question Response going to put a cap on rent or allow market rates? d) Upon construction completion, The MoD will offtake all residential units and guarantee quarterly lease payments whether the units are occupied or not. For emphasis, the ProjectCo will not take occupancy risk. e) The quarterly payment of KES 125million is fixed for the entire project duration. The source of funding for the quarterly payment is from the housing allowance of KDF officers whose salaries are relatively static. However, indexation of the quarterly payment is addressed in S/No. 8 and 9 below. (8) Can the Housing allowance rates for the different cadres to be accommodated in these units be shared? (9) Is there an arrangement to guarantee uptake of units since lease payments will be made from house allowances? (10) Is there headroom to increase the lease payments? (11) Since rental deduction could potentially rise within 15 years, will this be reflected on the quarterly payments as well? 5. Performance Security On Payment Performance Guarantee, the question which was not answered is whether the instrument of Performance Guarantee will be issued. As security for the performance of its obligations during the construction period, the ProjectCo will provide to the contracting authority an irrevocable and unconditional guarantee from a bank. 6. Capital contribution (1) Since the Government is making a capital contribution, one would expect that bidders will be required to achieve a minimum rate of return on the project. Will bidders be expected to meet such a hurdle rate in their financial Modelling? a) The capital contribution will be towards the financing of construction. It is for the Bidders to determine what rate of return is commensurate to the risk they are assuming by participating in this project, given the financing mechanism outlined in S/No. 4 above. b) The capital contribution will be released to the Project Company that will be formed (2) You state that the contribution from MOD will be 1 billion. When will this 7 S/No. Section Question Response amount be released to the contractor? by the winning bidder on a quarterly basis in arrears and is intended to be in sync with construction progress. c) The MoD financial headroom is fixed since the profile of cashflows are derived from monthly housing allowance deductions from salaries. In the event that the construction is completed in under two years, the undrawn capital contribution will be paid as a capital contribution in arrears. (3) Is the 1 billion paid in a single tranche or 4 instalments of 125 million every quarter? (4) Is the 1 billion-shilling MoD contribution to be distributed across all the square meters or is it per bidder. (5) Are the quarterly payments over the 2-year construction period be on milestone basis or time based only? (6) Is there a marking system applicable and any incentives for completing the project at a faster rate say in 18 months instead of 24 months, as an example? (7) If the payments are based on housing allowance deductions and the construction happens in less than the predicted time of 2 years, can the payments also start earlier? (8) If the project is completed before 2 years does this mean the 125m per quarter will be increased as per the percentage completed? 7. Taxes (1) Clarification if the lease rentals will be subject to relevant taxes. The quarterly payment is an all-in lease payment inclusive of all applicable taxes. No tax exemptions/incentives are anticipated as at the time of the RFQ. It is for the (2) Please clarify about the quarterly payments of 125 10 S/No. Section Question Response 11. Project Agreement (1) When signing the contract agreement, will the CA allow ProjectCo, to revise some conditions of the contract as some of them may not be consistent with the actual situation? a) The draft project agreement will form part of bidding documents at RFP stage for consideration of shortlisted bidders. Contractual issues will thereafter be open for full negotiations with the preferred bidder. b) The Operation and Maintenance (O&M) of project assets is excluded from the scope of the Project Agreement. This will be the sole responsibility of the Ministry of Defense. c) The term of lease starts on contract signing. (2) After completion of construction, who will be responsible for the payment of the maintenance and management period of the Project? (3) Will these be included in the contract price of the agreement? (4) If to be considered separately, what is the estimate? (5) When does the 15-year lease period start? Does it start at contract signing or when the units are being constructed? 12. Refinancing Please provide scope for refinancing event after rental stabilization In principle refinancing is permitted subject to fulfillment of certain conditions that the Project Agreement will prescribe. 13. Build Lease Transfer (BLT) Model (1) As the project is a BLT Model, kindly clarify on transfer – how will the transfer occur Under the BLT structure, the MoD will lease the project sites to the ProjectCo which will undertake construction of the project housing. Upon completion of construction, the ProjectCo will lease back the project housing to the MoD for the remaining term of the agreement. Upon expiry of the Project Agreement the derivative lease and lease back agreements will terminate automatically. The details of the hand back regime will be set out in the Project Agreement a draft of which will (2) This is a BLT Model. Can you clarify something about the Transfer? (3) Upon the termination of lease term, all the units will 11 S/No. Section Question Response be transferred to KDF for free? be made available to the shortlisted bidders. 14. Project Finance (1) How will the CA consider the recourse project financing if our bank insists on limited recourse project financing? a) It is a requirement under section 3.2 of the RFQ that the bidder demonstrates experience of having raised non-recourse or limited recourse financing. Any other type of financing previously raised by the bidder will not meet the qualification requirements. b) Yes, a financier can support more than one bid provided they are not a Member of any bidding consortium. c) It is for the bidders to arrange the required financing to deliver the project. (2) Can one financier support multiple bidders? (3) Can a developer have their own arrangement with a bank? 15. Net Present Value (1) Has the PPP Unit tested the 125 million per quarter to establish a positive NPV? It is for the bidders to optimize the parameters put forward in the project structure, including the construction costs; number of housing units and the cost of debt, to achieve their desired rate of return within the MoD’s financing envelope of KES 7.5Billion over the 15-year project term. (2) Has the PPP Unit considered whether the 125 million lease payment of 52 quarters achieves a positive NPV? 16. Project Value Do we assume that the project value is around KES6.5 billion? It is for the bidders to generate the project costs estimates based on their designs and approach to the delivery of the output specifications within the financing envelope detailed in S/No.15 above. 12 S/No. Section Question Response 17. Special Purpose Vehicle (SPV) (1) Please expound more on the SPV? When will apply, define the preferred set up? a) The PPP Act 2013 requires that a successful bidder shall establish a ProjectCo in accordance with the Companies Act for the purpose of undertaking the project. Bidders are NOT required to register a Special Purpose Vehicle (SPV) at RFQ and RFP stage. The SPV is a requirement prior to Financial Close by the preferred bidders and their various shareholders. b) The MoD will make a capital contribution without taking a stake in the SPV. (2) If this is the case, will there be a creation of an SPV? (3) Can the KES 1 billion be considered as equity contribution? (4) Is there a requirement for the SPV shareholding to be fully subscribed by commercial or financial close (5) Bidder not willing to take on debt on their balance sheet as such set up an SPV together with the bank and MoD (6) Will the SPV need to be registered before the 27th of April 2021 18. Bidder Qualifications Bidder (1) Can one accumulate the contract price of financing project with some different projects within last 15 years? (2) Consider – A project with the financing of 100 million USD should be a mega project and difficult to find for most contractors. (3) Must one provide EPC management experience which is fully completed or substantially completed? In response to the queries on bidder qualifications the following adjustments have been made to the RFQ: a. 3.1 is revised downwards from 120,000sq.m of greenfield residential accommodation to 40,000sq.m of the same typology and a minimum project investment requirement of USD50Million. b. Under 3.2, the lead developer has to demonstrate that they have successfully raised at least USD 50Million in non-recourse or limited recourse debt and 15 S/No. Section Question Response (15) Under the clause of project financing experience, it states that the leader member shall within the 15 years, raise at least 100 million USD and 50 million USD in equity for two projects. (16) Can the lead member raise 150 million USD for the project rather than introducing 50 million USD in equity pools raising 100 million USD for the project? 19. Contractor, Sub Contractor and Supplier (1) The experience and resources of Bidder’s contractors shall not be considered in determining the Bidder’s compliance with the qualification criteria contained in this RFQ. Is any consideration behind this clause? (2) If Contractor’s experience cannot be considered in determining the Bidder’s compliance with the qualification, how can the bidder meet the construction qualification requirements? a) The experience and resources of Bidder’s contractors shall not be considered in determining the Bidder’s compliance with the qualification criteria contained in this RFQ if they are NOT members of the bidding consortium. The same applies to suppliers and sub- contractors. b) The bidder has the discretion of having one or multiple contractors/ subcontractors/ suppliers. c) The RFP stage will require certain disclosures on the methodology. Details on how to disclose local contents will be provided at that RFP stage. (3) Will the constructions across all the sites be sourced from one contractor or you shall have multiple selection of contractors / bidders? (4) Can a bidder appoint multiple sub-contractors? 16 S/No. Section Question Response (5) Must the contractor disclose local subcontractor at the time of bidding? (6) Can a sub-contractor be part of multiple consortia bids? (7) Is subcontracting acceptable? (8) If a supplier of construction material is part of a consortium that bids, can he also be the supplier of another consortium he is not a member? 20. Specifications (1) Is there a preferred building material or it is up to the contractor to get creative? (2) Are we allowed to give the specification on quality of the units and design concepts? (3) Can you offer prefab panel construction technology? (4) Can you build 4 storey housing units instead of single dwelling bungalows? (5) Can you consider provision of internet connectivity to each housing unit say through fiber connection to each household? a) The RFQ does not prescribe the building technology and material. The MoD encourages alternative building technology that can deliver the most housing units as per the output specifications but within the proposed financial headroom of capital contribution and quarterly payments. b) Creative approaches to the delivery of the project are encouraged that optimize the use of land whilst meeting or exceeding the minimum specifications requirements. c) Yes, electromechanical designs are to provide for internet connectivity in the units. 21. Lead Developer (1) Kindly clarify the lead developer: Can the lead developer be an EPC (a) The RFQ does not prescribe the nature, character and background of the Lead 17 S/No. Section Question Response contractor? Or does it have to be the financier or fund provider for the project? Member. The Lead developer can be any member of the consortium provided they meet the lead member criteria of 35% shareholding in the Project Company and the associated net worth requirements. (b) Currently, the RFQ is open on change of shareholding but it is anticipated that the lock-in period will be prescribed in the draft Project Agreement to be issued at the RFP stage. (2) Does the 35% need to be an Industrial or financial partner? (3) Can the lead Member will have a less than 35% of the equity shareholding of the Consortium? (4) Can the lead member change the shareholding during the SPV formation to less than the 35%? 22. Greenfield Project (1) Please clarify the definition of greenfield project a) Can greenfield project be an infrastructure project or it has to be a building project? b) Can an EPC project be deemed as a greenfield project? c) Does the greenfield project have to be an investment project? a) Refer to page 8 of the RFQ. b) Greenfield project is defined in the RFQ. For a project to be considered as a Greenfield project, the bidder must have prepared the proposal, negotiated the agreement, reached commercial close and raised non-recourse project financing to deliver the project. c) If one has acquired a brownfield by way of design, negotiation or raising financing, this is not a Greenfield project. Greenfield project has to be a housing project; can it be a railway project? 23. Local Content (1) Does the 40% local content apply as per the procurement law and is there any preference given to citizen contractors? a) There are two procurement laws in Kenya - Public Procurement and Asset disposal Act and the Public Private Partnership Act. Under