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TELANGANA STATE INDUSTRIAL INFRASTRUCTURE CORPORATION
LIMITED (TSIIC)
REQUEST FOR PROPOSAL (RFP)
FOR
DEVELOPMENT OF URBAN STREET
INFRASTRUCTURE FOR ISB ROAD FROM DLF
CIRCLE TO VARUN MOTORS, HYDERABAD,
TELANGANA ON PUBLIC PRIVATE PARTNERSHIP
(PPP) MODE UNDER IALA NANAKRAMGUDA
TELANGANA STATE INDUSTRIAL INFRASTRUCTURE CORPORATION
6TH FLOOR, PARISRAMA BHAVAN, FATEH MAIDAN ROAD, BASHEERBAGH,
HYDERABAD, TELANGANA 500004
PHONE No- 040-23237625
WWW.TSIIC.TELANGANA.GOV.IN
March 2020
DEVELOPMENT OF URBAN STREET INFRASTRUCTURE FOR ISB ROAD FROM DLF CIRCLE TO VARUN MOTORS, HYDERABAD, TELANGANA ON PPP MODE UNDER IALA NANAKRAMGUDA
Request For Proposal - Volume I: Instructions to Bidders March 2020
2
REQUEST FOR PROPOSAL (RFP)
VOLUMES DETAILS
Volume I Instructions to Bidders (ITB)
Volume II Development Controls (DC) & Technical Specifications
(TS)
Volume III Formats for Bid Submission (FBS)
Volume IV Draft Concession Agreement
DEVELOPMENT OF URBAN STREET INFRASTRUCTURE FOR ISB ROAD FROM DLF CIRCLE TO VARUN MOTORS, HYDERABAD, TELANGANA ON PPP MODE UNDER IALA NANAKRAMGUDA
Request For Proposal - Volume I: Instructions to Bidders March 2020
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VOLUME - I: INSTRUCTIONS TO BIDDERS (ITB)
DEVELOPMENT OF URBAN STREET INFRASTRUCTURE FOR ISB ROAD FROM DLF CIRCLE TO VARUN MOTORS, HYDERABAD, TELANGANA ON PPP MODE UNDER IALA NANAKRAMGUDA
Request For Proposal - Volume I: Instructions to Bidders March 2020
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TABLE OF CONTENTS
DISCLAIMER .................................................................................................................. 6
1.0 INTRODUCTION .................................................................................................... 9
2.0 BID SUMMARY ..................................................................................................... 13
3.0 DEFINITIONS AND INTERPRETATIONS .................................................... 26
4.0 GENERAL INFORMATION AND INSTRUCTIONS ..................................... 30
5.0 BIDDING PROCESS ............................................................................................ 44
6.0 PREPARATION AND SUBMISSION OF BIDS ............................................. 45
7.0 BID OPENING AND EVALUATION ................................................................. 48
8.0 AWARD OF PROJECT/ SIGNING OF CONCESSION AGREEMENT ...... 53
DEVELOPMENT OF URBAN STREET INFRASTRUCTURE FOR ISB ROAD FROM DLF CIRCLE TO VARUN MOTORS, HYDERABAD, TELANGANA ON PPP MODE UNDER IALA NANAKRAMGUDA
Request For Proposal - Volume I: Instructions to Bidders March 2020
5
SCHEDULE OF BIDDING PROCESS
Event Description Scheduled Date & Time
RFP Download Start Date 20.03.2020 from 02.00 PM onwards
Pre bid meeting/conference
04.00 PM on 27.03.2020 at TSIIC Limited,
6th Floor, Parisrama Bhavan, Fateh Maidan
road, Basheerbagh, Hyderabad, Telangana
500004.
Phone No- 040-23237625
Last Date & Time for receipt of Bids
3:00 PM on 06.04.2020 at TSIIC Limited,
6th Floor, Parisrama Bhavan, Fateh Maidan
road, Basheerbagh, Hyderabad, Telangana
500004.
Technical Bid Opening
On 06.04.2020 at TSIIC Limited, 6th Floor,
Parisrama Bhavan, Fateh Maidan road,
Basheerbagh, Hyderabad, Telangana
500004.
Commercial Bid Opening Shall be intimated to qualified bidders
The above schedule is tentative. TSIIC reserves the right to modify the said schedule of
Bidding Process at any time during the Bidding Process at its sole discretion without
assigning any reason or being liable for the same in any manner whatsoever.
Further TSIIC reserves the right to hold, in its sole and absolute discretion, more than
one pre-bid conference or hold one or more consultation meetings with the interested
parties/bidders and in such event the above schedule shall stand modified and
amended.
DEVELOPMENT OF URBAN STREET INFRASTRUCTURE FOR ISB ROAD FROM DLF CIRCLE TO VARUN MOTORS, HYDERABAD, TELANGANA ON PPP MODE UNDER IALA NANAKRAMGUDA
Request For Proposal - Volume I: Instructions to Bidders March 2020
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DISCLAIMER
1. The information contained in this Request for Proposal document (the “RFP”) or
subsequently provided to the interested parties/ Bidder(s)(hereinafter defined),
whether verbally or in documentary or any other form by or on behalf of the Telangana
State Industrial Infrastructure Corporation Limited (“TSIIC”/ the “Authority”) or any
of its employees, representatives, advisors or consultants is provided to Bidder(s) on
the terms and conditions set out in this RFP and such other terms and conditions
subject to which such information is provided.
2. This RFP contains brief information about the project for “Development of Urban
Street Infrastructure for ISB road from DLF circle to Varun Motors,
Hyderabad, Telangana on Public Private Partnership (PPP) Format under
IALA Nanakramguda” on DBFOT basis by a private participant, being the Preferred
Bidder/Concessionaire, selected through a competitive Bidding Process (hereinafter
defined), pursuant to this RFP. The purpose of this RFP is to provide the interested
parties/Bidders with information that may be useful to them in the formulation of their
proposals/ bids (including Commercial Bids) (the “Bids”/”Proposals”) pursuant to this
RFP and for no other purpose.
3. TSIIC may in its absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information in the RFP. The information that TSIIC
is in a position to furnish is limited to this RFP and the information available at the
contact addresses given in the RFP, along with any amendments/clarifications thereon.
4. This RFP is not an Agreement and is neither an offer nor an invitation by TSIIC to the
prospective Bidders or any other person but is merely informatory in nature. The
information contained in the RFP or subsequently provided to Bidders, whether
verbally or in documentary form by or on behalf of TSIIC/ the Project Advisor/ their
Consultants/ any of their employees, is provided to the Bidders on the terms and
conditions set out in the RFP and any other terms and conditions subject to which such
information is provided. The terms on which the Project is to be developed and the
right of the Preferred Bidder/Concessionaire shall be as set out in a separate definitive
agreement i.e. a Concession Agreement to be entered into by the concerned parties
later. This RFP includes statements, data and information which reflect various
assumptions and assessments arrived at by the TSIIC in relation to the Project. Such
data, information, assumptions, assessments and statements do not purport to contain
all the information that each Bidder may require. The purpose of the RFP is to provide
the Bidder(s) with information to assist the formulation of their Bids. The RFP does not
purport to contain all the information each Bidder may require. The RFP may not be
appropriate for all persons, and it is not possible for TSIIC, their employees,
representatives or consultants to consider the investment objectives, financial situation
and particular needs of each eligible party who reads or uses the RFP.
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5. The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its Bid including but not limited to preparation, copying, postage,
delivery fees, expenses associated with any demonstrations or presentations which
may be required by the Authority or any other costs incurred in connection with or
relating to its Bid. All such costs and expenses will remain with the Bidder and the
Authority shall not be liable in any manner whatsoever for the same or for any other
costs or other expenses incurred by a Bidder in preparation or submission of the Bid,
regardless of the conduct or outcome of the Bidding Process.
6. Each Bidder should check the accuracy, reliability and completeness of the information
provided in the RFP and wherever necessary, obtain independent advice from
appropriate sources. TSIIC/ Project Advisors, their employees, consultants or
representatives make no representation or warranty and shall incur no liability under
any law, statute, rules or regulations as to the accuracy, reliability or completeness of
the RFP. Each Bidder should conduct its own studies and analysis and is advised to
collect and obtain any other information that may be necessary for preparing the Bid,
at its own responsibility. The Bidder shall be deemed to have satisfied himself before
submitting his Bid, as to the risks, contingencies and all other circumstances, which
may influence or affect his Bid.
7. For the avoidance of doubt, in case a Bidder places reliance on any aforesaid
assumptions, assessments, statements, data and information furnished by
TSIIC/Project Advisors and/or its consultants, representatives, employees, in this RFP
or under any project report etc. then the same shall not in any manner bind/make
liable TSIIC/Project Advisors and/or its consultants, employees or representatives, to
indemnify the Bidder in respect of any loss/damage/costs whatsoever arising out of or
in connection with such reliance placed by the Bidder on the aforesaid assumptions,
assessments, statements, data and information.
8. Information provided in this RFP to the Bidder(s) is on a wide range of matters, some
of which may depend upon interpretation of law. The information given is not intended
to be an exhaustive account of statutory requirements and should not be regarded as
a complete or authoritative statement of law. TSIIC accepts no responsibility for the
accuracy or otherwise for any interpretation or opinion on law expressed herein.
9. The possession or use of this RFP in any manner contrary to any applicable law is
expressly prohibited. The Bidders shall inform themselves concerning, and shall
observe any applicable legal requirements. The information does not purport to be
comprehensive or to have been independently verified. Nothing in this RFP shall be
construed as legal, financial or tax advice.
10. TSIIC/Project Advisors, its employees, advisors or consultants make no representation
or warranty and shall have no liability to any person, including any Bidder under any
DEVELOPMENT OF URBAN STREET INFRASTRUCTURE FOR ISB ROAD FROM DLF CIRCLE TO VARUN MOTORS, HYDERABAD, TELANGANA ON PPP MODE UNDER IALA NANAKRAMGUDA
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law, statute, rules or regulations or tort, principles of restitution or unjust enrichment
or otherwise for any loss, damages, cost or expense which may arise from or be
incurred or suffered on account of anything contained in this RFP or otherwise,
including the accuracy, adequacy, correctness, completeness or reliability of the RFP
and any assessment, assumption, statement or information contained therein or
deemed to form part of this RFP or arising in any way for participation in this Bid
Stage. Neither the information in this RFP nor any other written or oral information in
relation to the Bidding Process for implementing the Project or otherwise is intended to
form the basis of or the inducement for any investment activity or any decision to
enter into any contract or arrangement in relation to the Project and should not be
relied as such.
11. TSIIC/Project Advisors and also its advisors/ consultants/representatives/ employees
accept no liability of any nature whether resulting from negligence or otherwise,
howsoever caused, arising from reliance of any Bidder upon the statements contained
in this RFP.
12. The issue of this RFP does not imply that the TSIIC is bound to select a Preferred
Bidder or to appoint the Preferred Bidder (hereinafter defined) or Concessionaire, as
the case may be, for the Project and TSIIC reserves the right to reject all or any of the
Bidders or Bids at any stage of the Bidding Process without assigning any reason
whatsoever including the right to close the selection process or annul the Bidding
Process at any time, without incurring any liability or being accountable to any
person(s) in any manner whatsoever. Mere submission of a responsive Bid does not
ensure selection of the Bidder as Preferred Bidder or Concessionaire.
13. The Bidders are prohibited from any form of collusion or arrangement in an attempt to
influence the selection and award process of the Bid. Giving or offering of any gift,
bribe or inducement or any attempt to any such act on behalf of the Bidder towards
any officer/employee/ advisor/ representative of TSIIC or to any other person in a
position to influence the decision of TSIIC for showing any favour in relation to this
RFP or any other contract, shall render the Bidder to such liability/penalty as TSIIC
may deem proper, including but not limited to rejection of the Bid of the Bidder and
forfeiture of its Bid Security.
14. Laws of the Republic of India are applicable to this RFP.
DEVELOPMENT OF URBAN STREET INFRASTRUCTURE FOR ISB ROAD FROM DLF CIRCLE TO VARUN MOTORS, HYDERABAD, TELANGANA ON PPP MODE UNDER IALA NANAKRAMGUDA
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1.0 INTRODUCTION
1.1 Telangana State Industrial Infrastructure Corporation Limited (TSIIC) (the
“Authority”), a Govt. of Telangana State undertaking is the nodal agency for
industrial growth in Telangana. TSIIC developed the State-of-the-Art IT/ ITeS
parks at its Industrial Area Local Authority (IALA) at Hitech City and
Nanakramguda that has positioned Hyderabad on Global IT map. Keeping in view
of various developments in the financial district area, TSIIC is now engaged in
undertaking “Development of Urban Street Infrastructure for ISB (Indian
School of Business) road from DLF circle to Varun Motors (via Wipro circle),
Hyderabad, Telangana on Public Private Partnership (PPP) Format”( Project”) on
“Design, Build, Finance, Operate and Transfer” (the "DBFOT") basis under IALA
Nanakramguda on pilot basis; and pursuant thereof has decided to carry out
the bidding process for selection of a private entity as the eligible bidder to whom
the Project may be awarded in terms hereof.
1.2 The details of the project along the stretch of 3.50 Km is covered in this RFP and
the Authority has decided to carry out the bidding process for selection of the
Bidder to whom the Project/s may be awarded.
1.3 TSIIC invites Request for Proposals (RFPs) from eligible and interested bidders for
development of the Project on PPP basis for a Concession Period of 10 years
09 Months (including Construction Period), as per the terms and conditions
stipulated in this RFP and draft Concession Agreement
1.4 TSIIC has adopted a Single-stage Two-envelope Bidding Process (herein referred
to as the “Bidding Process”) for selection of the Preferred Bidder for award of
the Project. The Bid submission is envisaged in two parts - Technical Bid and
Commercial Bid (collectively referred to as the “Bid”). Bidders may submit their
Bids in response to this RFP, in accordance with the provisions of this RFP.
1.5 The RFP document comprises:
VOLUMES PARTICULARS
Volume-I Instructions to Bidders
Volume-II Development Controls and Technical Specifications
Volume-III Formats for Bid Submission
Part-A: Formats for Bid Submission (Outer Envelope)
Part-B: Formats for Technical Bid (Envelope-I)
Part-C: Formats for Commercial Bid (Envelope-II)
Volume-IV Draft Concession Agreement
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1.6 The Bid comprising Technical Bid and Commercial Bid in two (02) separate
envelopes, placed in an outer envelope along with Bid Security etc. as specified in
the RFP, shall be delivered at the address given below:
The Chief Engineer
Telangana State Industrial Infrastructure Corporation Limited (TSIIC)
6th Floor, Parisrama Bhavan, Fateh Maidan Road, Basheerbagh, Hyderabad,
Telangana 500004
Phone No. 040-23237625
1.7 The Bids should reach not later than the specified date and time in this RFP or
any extension thereof. In the event that the Due Date for Bid submission is a
holiday for the authority (TSIIC), the next working day will be the date of
submission. The Bid shall be unconditional, firm and irrevocable and shall be valid
for a period of not less than 90 days from the Due Date of Bid submission (the
“Bid Validity Period”). However, TSIIC may request the Bidders to extend the
Bid beyond the Bid Validity Period by an additional period as may be thought
reasonable by TSIIC.
1.8 A Bid Security as mentioned below in the “Bid Summary” in the form Demand
Draft favouring “TSIIC Limited” from any Nationalised/ Scheduled Bank payable at
Hyderabad or unconditional and irrevocable Bank Guarantee from a Nationalized/
Scheduled Bank (excluding Cooperative Banks) shall accompany the Bids.
1.9 Indicative Capital Cost of the Project (the “Estimated Project Cost”) is INR 09.50
Cr (Rupees Nine Crores Fifty Lakhs only). The cost provided in the RFP document
is indicative only. The bidder shall make their own assessment on the feasibility of
the components and financial viability of the project, as per the
provisions/conditions stipulated in the RFP document uploaded by TSIIC along
with subsequent Corrigendum(s), including this document.
1.10 The Bids shall be filled in English and all entries must be typed and written in
blue/black ink. Initials of the Authorised representative of the Bidder must attest
all erasures and alterations made while filling the Bids. Over writing of figures in
the Commercial Bid is not permitted. Failure to comply with any of these
conditions may render the Bid invalid.
1.11 TSIIC shall not be responsible for any costs or expenses incurred by the Bidder in
connection with the preparation and delivery of Bids, including costs and expenses
related to visit to the site. TSIIC reserves the rights to cancel, terminate, change
or modify this procurement /Bid Process and /or requirements of bidding stated in
DEVELOPMENT OF URBAN STREET INFRASTRUCTURE FOR ISB ROAD FROM DLF CIRCLE TO VARUN MOTORS, HYDERABAD, TELANGANA ON PPP MODE UNDER IALA NANAKRAMGUDA
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the RFP, without assigning any reason or providing any notice and without
accepting any liability for the same.
1.12 The Bid evaluation process is detailed in “Instructions to Bidders (ITB)”, Volume I
of the RFP. The Technical Bids would be evaluated based on the qualification
criteria set forth in the RFP along with the required undertakings. Commercial Bids
of only those Bidders, whose Technical Bids qualify, will be opened and evaluated.
The date of opening of Commercial Bids will be communicated in writing to the
technically qualified Bidders.
1.13 The Concession Agreement sets forth the detailed terms and conditions for grant
of the Concession to the Concessionaire, including the scope of the
Concessionaire’s services and obligations (the “Concession”).
1.14 The statements and explanations contained in this RFP are intended to provide a
proper understanding to the Bidders about the subject matter of this RFP and
should not be construed or interpreted as limiting in any way or manner the scope
of services and obligations of the Concessionaire set forth in the Concession
Agreement or the Authority’s rights to amend, alter, change, supplement or clarify
the scope of work, the Concession to be awarded pursuant to this RFP or the
terms thereof or herein contained. Consequently, any omissions, conflicts or
contradictions in the Bidding Documents including this RFP are to be noted,
interpreted and applied appropriately to give effect to this intent, and no claims
on that account shall be entertained by Authority.
1.15 The Authority shall receive Bids pursuant to this RFP in accordance with the terms
set forth in this RFP and other documents to be provided by TSIIC pursuant to
this RFP, as modified, altered, amended and clarified from time to time by the
Authority (collectively the "Bidding Documents"), and all Bids shall be prepared
and submitted in accordance with such terms.
1.16 Bids are invited for the Project on the basis of the Total Annual License Fee -
the "Bid Parameter"). The Total Annual License Fee quoted shall constitute
the sole criteria for evaluation of Commercial Bid and for selection of the
Concessionaire for the Project for which the Bid is submitted. Subject to Clause
4.11 (Bid Responsiveness), the Project shall be awarded to the Bidder quoting the
“Highest License Fee” in its Commercial Bid.
1.17 The Concessionaire shall not be allowed to levy and charge any kind of user fee
from the users of the Project. However, the Concessionaire is entitled to let out
the optional facilities such as advertisement space, Public Amenities Center/s and
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commercial space (if any) approved under this project as per the provisions of the
RFP, which is the source of revenue to the Concessionaire from the project
facilities. Further, the Concessionaire shall be permitted to levying user charges
for bicycles also, such user charges shall be in line with the charges being levied
by Hyderabad Metro Rail Limited (HMRL) or GHMC whichever is lower and upon
the approval of TSIIC.
1.18 Any queries or request for additional information concerning this RFP shall be
submitted in writing or by fax and e-mail to TSIIC. The envelopes/ communication
shall clearly bear the following identification/ title:
Contact Details for Queries / Clarifications:
TSIIC:
The Chief Engineer, 5th Floor, Parisrama Bhavan, Fateh Maidan Road,
Basheerbagh, Hyderabad, TSIIC Head Office, Tank Bund, Hyderabad - Ph: +91-
9086366638, Email: [email protected]
The Zonal Manager, 5th Floor, Parisrama Bhavan, Fateh Maidan Road,
Basheerbagh, Hyderabad, TSIIC Head Office, Tank Bund, Hyderabad - Ph: +91-
9948220512, Email: [email protected]
"Queries/Request for Additional Information: RFP for Development of Urban
Street Infrastructure for ISB road from DLF circle to Varun Motors,
Hyderabad, Telangana on Public Private Partnership (PPP) Format under
IALA Nanakramguda"
DEVELOPMENT OF URBAN STREET INFRASTRUCTURE FOR ISB ROAD FROM DLF CIRCLE TO VARUN MOTORS, HYDERABAD, TELANGANA ON PPP MODE UNDER IALA NANAKRAMGUDA
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2.0 BID SUMMARY
S.No. KEY INFORMATION DETAILS
PROJECTS DETAILS
1. Project Development of Urban Street Infrastructure for ISB road
from DLF circle to Varun Motors (via Wipro Circle),
Hyderabad, Telangana under IALA Nanakramguda
2. Authority Telangana State Industrial Infrastructure Corporation
Limited
3. Project
Components ~
Minimum
Development
Obligations
(MDOs)
An Urban Street Infrastructure shall be designed and
develop the ISB road (From DLF Circle to Varun Motors via
Wipro Circle) as per the specifications stipulated in this RFP
for reference. The selected Developer shall undertake the
project “Urban Street Infrastructure” Development,
Implementation, Operation and Maintenance strictly in
accordance with the following minimum specifications and
as per the terms and conditions stipulated in this RFP.
a) Pedestrian walkway with illumination
Minimum clear walking width of 1.80 meters and
length of 3.50 Km on L.H.S side of the ISB road
(i.e., towards IDBI, Infosys, Wipro side)
Kerb ramps of standard gradient not exceeding 1:12
Tactile pavers (min. width of 300 mm) – Guiding the
pedestrians with vision impairment
Pedestrian walkway shall be raised 150mm from the
proposed adjoining cycle track
Illumination along the entire walkway at 15 m
intervals with ornamental street lighting arms over
Galvanized poles of height not less than 10 feet
along the Pedestrian walkway and its associated
fixtures
b) Cycle track with side railings
Minimum clear cycle riding track width of 2.0 meters
and length of 3.50 Km on L.H.S side of the ISB road,
subject to the availability area.
Cycle track over the existing utilities ducts
Side railing over the kerb placed near the main
carriageway along 3.50 Km, subject to the entrance
gates to the existing property holders.
Develop at least 3 cycle parking docks each in an
area not exceeding 180 sq. ft (30 feet X 6 feet) with
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S.No. KEY INFORMATION DETAILS
a capacity of at least 10 cycles as approved by TSIIC
and also procure at least Twenty Five (25) Bi-Cycles
c) Avenue Plantation
At least 200 nos. of avenue plantations of various
species (such as conocarpus, swietenia mahagoni &
Silver Oak) each plant with a minimum height of
2.5m and plant at a spacing of at least 2.0 meters
spread at a stretch of 510 meters from chainage
1670 to 2180 meter.
d) Themed landscape
Beautification of street with thematic plantation
(shrubs/plants) wherever applicable
Lawn development including ornamental / flowering
shrubs between the property line & proposed
pedestrian walkway all along the stretch on LHS
Procurement of at least 100 no. of planter boxes for
flowering plants preferable ornamental / shrubs -–
to be installed within the railings.
Providing lighting / illumination (with LED light) to
the landscaped areas
The Concessionaire shall take utmost care during
the plantation works (Themed landscape, Avenue
plantation & Plant boxers) duly ensuring high
survivability (more than 95%) of the planting
materials and quality of execution through their
required appropriate level of expertise and
experiences in handling of the work.
e) Public Amenities Center & Parking
Develop maximum of four (04) nos. of Public
Amenities centers (Only on the L.H.S of ISB road)
each of an area not exceeding 300 sq ft and width
of maximum 2.5 m starting from abutting property
line.
Each Public Amenities Center shall comprise of at
least one toilet facility, Mobile charging points,
seating benches, food courts and other permitted
optional facilities, as approved by TSIIC.
These Amenities are to be developed only at the
locations specified below:
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S.No. KEY INFORMATION DETAILS
o Near IDBI Bank (Chainage 190)
o Near Gopichand Academy (Chainage 920)
o Opposite to Microsoft (Chainage 1620)
o Near Cyient (Chainage 3370)
Develop Diagonal parking facility with a capacity
of at least five (05) ECS (Equivalent Car Space)
adjacent to each of the development Public
Amenities Centers
f) Signage and Waste collection Bins
Procurement of at least Thirty (30) no. of
Segregated Solid waste management bins and
Procurement of at least Six (06) digital directional
signage boards at various locations along the LHS of
the proposed road, as approved by the Police
department & other competent authority.
Providing street furniture such as Seating benches
(at least six) at regular or necessary intervals to the
Pedestrian, physical challenged people and cyclist
More details on the technical specifications of the above
are indicated in the Volume II: Development Controls and
Technical Specifications of this RFP.
4. Optional Project
Components
Optional Facilities
The selected Developer may undertake the Development,
Implementation, Operation and Maintenance of optional
project components strictly in accordance with the following
minimum specifications and as per the terms and conditions
stipulated in this RFP. Optional facilities shall mean the
commercial facilities like Advertisements space, Food courts,
ATMs/ Kiosks as approved by TSIIC. However, the details of
such optional facilities are indicated below;
OPTIONAL FACILITIES*
ADVERTISEMENT FACILITIES**
Type of facilities Size (in feet) Maximum
Nos.
Gantry Arch (Backlit
system: Back to Back
(two sided display))
30 X 10 06
Central Median pole 5 X 4 100
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S.No. KEY INFORMATION DETAILS
boards (Back to Back:
Backlit displace system
or any other display
system duly complying
to the applicable Local
body advertisement
norms)
Uni-poles Back to Back
(Front lit or any other
display system duly
complying to the
applicable Local body
advertisement norms)
40 X 40 04
Boards on Public
Amenities Centre
(Single side Backlit
display system or any
other display system
duly complying to the
applicable Local body
advertisement norms)
‘V’ Shape (Similar to
Advertisement
boarding over Bus
shelters)
25 x 7 04
Boards above Cycle
parking Docks (Single
side Backlit display
system or any other
display system duly
complying to the
applicable Local body
advertisement norms)
25 x 7 3
WITHIN THE PUBLIC AMENITIES CENTER
Commercial food
courts/ snack bar /
ATM / kiosks etc.
300 sq ft each
including toilets
4
*The tentative locations of the Public Amenities are earmarked in the map enclosed as Annexure-1, however, the Selected Bidder may erect advertisement facilities (as
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per the permitted numbers and sized mentioned in herein above) along the project stretch i.e. L.H.S and Central Median of the ISB Road, without causing any disturbance to the abutting properties & commuters. These advertisement locations are to be specified in the conceptual plans & DPR and duly approved by the Authority.
**It shall be noted that in case, if the selected developer erects and operate permissible optional facility i.e., Advertisement display boards, then the selected developer shall earmark / reserve an advertisement space of at least 10% of 50% of the total no. of each of the permitted advertisement boards (including Unipole, Gantry Arch, Central median, Public Convenience facilities, Bi-cycle stand) towards display of the various initiatives undertaken by the Govt. of Telangana or any other public information required to advertise. The concept of such Govt. Advertisement shall be issued by TSIIC, as and when desired or instructed and the cost towards printing flex, mounting & unmounting shall be undertaken by the selected developer only. More details on the technical specifications of the above are indicated in the Volume II: Development Controls and Technical Specifications of this RFP.
g) Special Conditions
i. The Concessionaire shall provide or arrange at its
own cost (during the Concession Period) the required
facilities such as power, electricity, solid waste
disposal and any other associate facilities required
from time to time in respect of the construction,
operation and maintenance of the Project/Project
facilities and be in compliance to the requirements
relating thereto under the Applicable Laws, terms of
Applicable Permits and Good Industry Practice.
However, TSIIC will extend their support in
submitting the required requisite to the concern
authorities.
ii. The Concessionaire shall be permitted to display
advertisement (within the permitted space and
numbers as mentioned above) through any new age
advertisement technology that grows with time in
the future (like LED, sliding digital, digital displace
mode etc.) duly complying to the applicable Local
body advertisement norms subject to the additional
premium License payments to TSIIC and shall be
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decided on the mutually agreed basis.
5. Development
Controls/
Guidelines
IRC: 103-2012 - Guidelines for pedestrian facilities,
facilities for disabled persons shall be as per “Persons
with Disabilities Act, 2010” with subsequent
amendments and ‘UN Convention for Rights of Persons
with Disabilities (UNCRPD).
All pavements, signage and lighting shall be as per
Indian Road Congress (IRC) & Ministry of Road
Transport and Highways (MORTH) specifications.
Building Rules – 2012 issued vide G.O. Ms. No. 168 by
MA&UD, Dt. 07.04.2012 and amendments thereon from
time to time
National Highway Authority of India (NHAI) regulations
Any other regulations issued by any other Statutory
Authorities applicable within the jurisdiction of TSIIC
IALA Cyberabad & Gachibowli, Hyderabad.
6. Design and
Approvals for
MDOs and
Optional Facilities
i. The Concessionaire shall prepare at least three (03)
conceptual plans / designs (with 3D views) of the
project for the entire stretch of 3.50 Km, the design
shall be modern, innovative, creative and attractive.
The conceptual plan shall clearly indicate the
location and the design of the advertisement
Hoarding especially the Unipoles and Public
Amenities centre. The design should be such that it
doesn’t affect the free, smooth and safe movement
of the traffic.
ii. Based on the designs & views submitted by the
Concessionaire, TSIIC shall approve anyone of such
designs and the Concessionaire may commence
implementation of such approved design.
7. Technical
Specifications
Generally, as per applicable BIS Codes and National Building
code, MORTH regulations, Indian Road Congress Code
(IRCC) and any other applicable Indian Standards or its
equivalent. Specifically, detailed in the Section-II of the RFP
document.
8. Estimated Project
Cost
The Estimated Cost of the Project is Rs. 9.50 Crores
(Rupees Nine Crore Fifty Lakhs Only)
(Estimated Project Cost includes Cost of Construction,
Project Development Fee, Interest During Construction,
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Cost towards Optional Facilities, etc.)
9. Minimum
Development
Obligations
(MDOs)
&
Minimum
Performance
Obligations
(MPOs)
The following Project Components under ‘Minimum
Development Obligations (MDOs)’ to be developed &
operationalised by the selected Developer within Nine
(09) Months from the agreement date and also ensure the
project components are operational under “Minimum
Performance Obligations” in accordance with the RFP
stipulations – details of the MDOs & MPOs specified in
section II of the RFP.
Minimum Development Obligations (MDOs)
a) Development of Pedestrian walkway with illumination
along the entire walkway at 15 m intervals with
ornamental street lighting arms over Galvanized poles of
height not less than 10 feet along the Pedestrian
walkway and its associated fixtures
b) Development of Cycle track over the utilities ducts with
side railings
c) Procurement of at least twenty (25) no. of Bi-Cycles
and development of at least three (03) cycle parking
docks each in an area not exceeding 180 sq. ft (30 feet
X 6 feet) with a capacity of at least 10 cycles as
approved by TSIIC
d) Lawn development including ornamental / flowering
shrubs between the property line & proposed pedestrian
walkway all along the stretch on LHS
e) At least 200 nos. of avenue plantations of various
species (such as conocarpus, swietenia mahagoni &
Silver Oak) each plant with a minimum height of 2.5m
and plant at a spacing of at least 2.0 meters spread at a
stretch of 510 meters from chainage 1670 to 2180
abutting the property line on LHS of the ISB Road.
f) Development of themed landscape abutting the
property line on LHS of the ISB Road
g) Procurement of at least 100 no. of planter boxes for
flowering plants preferable ornamental / shrubs – to be
installed within the railings
h) Development of Public Amenities Centers which include
Toilets, Mobile charging points and also develop parking
facility (capacity of at least 5 ECS) adjacent to the Public
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Amenities Centre
i) Providing digital signage’s and Waste collection Bins at
regular intervals
j) Providing street furniture at regular or necessary
intervals to the Pedestrian, physical challenged people
and cyclist
Minimum Performance Obligations (MPOs)
a) Maintenance of Public Amenities Centers (toilets etc.)
and cycle dock station
b) Replacement of damaged LED lights including cabling
and painting the proposed ornamental street lighting
arms / Galvanized poles along the Pedestrian walkway &
also landscape area on regular basis
c) Replacement of damaged LED lights including cabling
and painting the existing streetlights (double arm) & Hi-
mast lights along the central median
d) All the power/electrical charges for street lights
(including the existing street lights & Hi-Mast lights
erected in the central median) shall be borne by the
selected concessionaire regularly
IMPLEMENTATION FORMAT
10. Implementation
Format
Public Private Partnership (PPP) Format.
11. Concession
Format
Design, Build, Finance, Operate & Transfer (DBFOT) Basis.
12. Concession Period Ten (10) years Nine (09) Months including construction
period for MDOs from the date of signing of the Concession
Agreement. The Project assets (including the components
development under MDOs & Optional Facilities) will be
handed over to TSIIC after the end of agreement period.
Further, the concession period may be extendable, subject
to the sole discretion of the TSIIC, for a maximum period of
five (05) years only based on satisfactory performance
(Prompt License fee payments to TSIIC, successful
operations of project facilities, zero accident & injuries
adherence, conduct with customers, compliance to
complaints received, etc). Further, the license fee for such
extension period shall be fixed on mutually agreed basis.
The Concessionaire has no right whatsoever in this regard.
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13. Bid Parameter
Total License Fee
Total Annual License Fee is the Bid Parameter. The
Fixed Annual License Fee for the base year (1st year of
COD or from the 2nd Year from the date of signing the
Concession Agreement, whichever is earlier) is Rs.
30.70 Lakhs (Rupees Thirty Lakhs Seventy Thousand
only).
Bidders are required to quote the Total Annual License
Fee as per the Commercial Bid format provided in the
Volume-III of this RFP.
The Bidder shall pay to TSIIC every year, the Total
Annual License Fee (Fixed Annual License Fee plus
Additional Annual License fee) as above (with an annual
increment of 5% every year over the amount computed
in the preceding year) and so on till the end of the
Concession period. This Total Annual License Fee shall
be paid on quarterly basis (as instructed by TSIIC) in
Advance to the TSIIC Limited.
All Applicable taxes on the above shall also be paid by
the Concessionaire.
BID CONDITIONS AND EVALUATION
14. Bid Eligibility
Criteria
A. The Bidder shall have registered under the provisions of
Indian Companies Act, 1956 or 2013.
B. Minimum Technical Qualification: The Bidder
should meet the following Technical qualifications
executed during the last ten financial years preceding
bid due date;
(i) Should have accomplished experience in executing
anyone of the following:
a) Any Civil works in Urban area with a single
contract value of at least Rs. 10 Crores (Rupees
Ten Crores)
OR
b) Should have accomplished experience in similar
nature of projects either laying of urban spaces
(footpath or Cycle track or street furniture)
with 5 Km’s stretch or at least an area of 1.3
Lakh Sq. ft
AND
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(ii) Any works under PPP mode in Urban areas i.e
FOB’s, Bus shelters, Street furniture etc. with
Single contract value of atleast Rs. 6 crores
(Rupees Six Crores)
C. Minimum Financial Qualification: The Bidder shall
meet the following Financial qualifications;
(i) Minimum Average Annual Turn Over of
Rs. 20.00 Crores (Rupees Twenty
Crores only) in the past Three Financial
Years as per the Audited Annual Accounts.
AND
(ii) Minimum Net-worth Rs. 2.50 Crores
(Rupees Two Crore Fifty Lakhs only) at
the close of the financial year preceding bid
due date, as per the Audited Annual
Accounts i.e. as on 31.3.2019.
Note: More details with regards to Bidder’s eligibility is
defined in this RFP.
15. Bid Security ~
Earnest Money
Deposit (EMD)
An amount of Rs. 10,00,000/- (Rupees Ten Lakhs only)
Demand Draft (DD) drawn from any Nationalized /
Scheduled Banks of India in the favor of “TSIIC Limited”
payable at Hyderabad (OR) an unconditional and
irrevocable Bank Guarantee (BG) from any Nationalized/
Scheduled Banks shall be submitted towards Bid security of
along with its complete Bid. The Bid Security shall be valid
for 90 days (Ninety days) from the Due Date of Bid
submission and may be extended as may be mutually
agreed between the Authority and the Bidder.
The Bid Security of the unsuccessful Bidders shall be
returned within 30 (thirty) days of the issuance of the Letter
of Intent (“LoI”) to the Preferred Bidder. The Bid Security
of the Preferred Bidder shall be returned once the same has
been replaced by the Construction Performance Security in
terms of the Concession Agreement.
Bids shall be summarily rejected if not accompanied by the
Bid Security.
16. Construction
Performance
Security
The selected developer needs to submit an irrevocable and
unconditional Bank Guarantee from a Nationalised/
Scheduled Bank, equaling to Rs. 50,00,000/- (Rupees
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Fifty Lakhs only) towards the Construction Performance
Security to TSIIC within 30 days from the date of issue of
the LoI, a precondition for signing of the Concession
Agreement.
The Construction Performance Security shall be valid for
minimum of Twelve (12) months from its issue date (after
issue of LoI) and may be extendable if required; However, it
will be released to the Bidder once the projects are
operational as per the RFP conditions.
17. Operations
Performance
Security
The selected developer needs to submit an irrevocable and
unconditional Bank Guarantee from a Nationalised/
Scheduled Bank, payable at Hyderabad for an amount of
Rs. 10,00,000/- (Rupees Ten Lakhs only) towards
Operations Performance Security.
The Operation Performance Security shall be submitted by
the Selected Developer on achieving the COD of the project
and prior to release of the Construction Performance
Security by TSIIC. Initial validity of the BG shall be three
years and a fresh Operations performance security shall be
submitted every three years, at least fifteen days prior to
the expiry of the performance security in force, without any
notice from TSIIC. In case of non-submission of fresh
Operations Performance Security as above, TSIIC shall
forfeit the Operations Performance Security in force without
notice.
18. Project
Development Fee
Payment of Rs. 20.00 Lakhs (Rupees Twenty Lakhs
only) along with applicable taxes shall be paid by the
Preferred Bidder to TSIIC IALA in the form of Demand
Drafts favouring “TSIIC Limited” towards Non-
refundable & Irrevocable ‘Project Development Fee’,
within 15 days of date of issue of Letter Of Intent (LoI).
This is precondition for signing the Concession Agreement.
19. Bid Validity Period 90 days from the Due Date of Bid submission
20. Bid Evaluation a) Outer Envelope: Mandatory Compliance
b) Technical Bid Evaluation: Bidders whose bids are
responsive and also meet the Eligibility Criteria shall only
be undertaken for further evaluation.
c) Commercial Bid Evaluation: Financial / Commercial
Bids of technically qualified firms / bidders will only be
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opened and evaluated.
21. Criteria for
selection of
Bidder
“Total Annual License Fee” is the bid parameter. The
sole criterion for selection of the (among technically
qualified bidder/s) Bidder is the Highest Total Annual
License Fee quoted by the Bidder in its Commercial Bid
BID SUBMISSIONS
22. Outer Envelope Bidders are required to submit the following documents
in the Outer Envelope.
1. Appendix A1: Checklist of Submissions
2. Appendix A2: Covering Letter
3. Bid Security (As defined in the RFP)
4. RFP document along with Addenda (if any) signed &
stamped on each page
5. Envelope I: Technical Bids
6. Envelope II: Commercial Bid
23. Envelope I:
Technical Bid
The Bidders shall submit the following in Envelope I of the
Bid submission as detailed in RFP – as per the format
provided.
i. Appendix B1: Letter of Application
ii. Appendix B2: General information about the Bidder
iii. Appendix B3: Power of Attorney for signing of
Bid/Proposal (To be submitted by the Bidder on a
non-judicial stamp paper of Rs.100 duly attested by
notary public)
iv. Appendix B4: Anti Collusion Certificate
v. Appendix B5: Project Undertaking
vi. Appendix B6: Affidavit (To be submitted by Bidder
on a non-judicial stamp paper of Rs. 100 duly
attested by notary public)
vii. Appendix B7: Technical Qualification Details
viii. Appendix B8: Financial Qualification Details
ix. Appendix B9: Letter of Undertaking for Technical
Bid
24. Envelope II:
Commercial Bid
The Bidders shall be required to submit their Commercial
Bid in the format Appendix C as provided in the RFP duly
filled and signed.
IMPORTANT DATES
25. RFP document
download start
20.03.2020 from 2:00 PM
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S.No. KEY INFORMATION DETAILS
date
26. Pre-bid Meeting 27.03.2020
27. Due Date & Time
for Receipt of Bids
06.04.2020 before 3:00 PM
28. Date and Time of
Opening of Bids
06.04.2020
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3.0 DEFINITIONS AND INTERPRETATIONS
3.1 DEFINITIONS
“Agreement” or Concession Agreement” shall mean the Authorisation Agreement
to be entered between the TSIIC & Concessionaire/Selected Developer/Preferred
Bidder.
“Concessionaire”/ “Selected Developer” shall mean the Preferred Bidder selected
and nominated by the “TSIIC” to implement the Project on the terms and conditions
stipulated in the Concession Agreement.
“Authority” shall mean Telangana State Industrial Infrastructure Corporation Limited
(TSIIC), Hyderabad.
“Bid or Detailed Bid or Proposal” shall mean Bid submitted by the Bidder for the
Project advertised, in response to this RFP including clarifications and/or amendments
to RFP, if any.
“Bid Security” shall mean the security furnished by the Bidder in the form of Demand
Draft or Bank Guarantee, as stipulated in the RFP document.
“Bid Evaluation Committee” shall mean the committee constituted by the TSIIC for
evaluating the Bids.
“Compliance Date” shall be as defined in the Draft Concession Agreement.
“Comprehensive Road Maintenance Contract” or “CRMC” shall mean the Agency
appointed /engaged by the Greater Hyderabad Municipal Corporation (GHMC) for
maintenance of main roads in Serilingampally zone of GHMC under Comprehensive
Road Maintenance Contract for five (05) years.
“Commercial Operation Date” or “COD” means the date upon which the
Concessionaire commences commercial operations of the Project.
“Commercial Bid” shall have the meaning as set forth in the RFP document.
“Contract Period” or “Concession Period” shall have the meaning provided in
Section 2.2 of the Concession Agreement.
“Due Date” shall mean the last date for submission/receipt of the Bid, as mentioned in
the RFP document.
“Fixed Annual License Fee” shall mean Fixed Annual License Fee to be paid by the
Concessionaire to TSIIC is INR 30.70 lakhs (Rupees Thirty lakhs Seventy Thousand
only) plus applicable taxes.
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“Total Annual License Fee” shall mean the sum of the Fixed Annual License Fee for
the base year and Additional License Fee. This Bidders are required to quote the Total
Annual License Fee in its Commercial bid, as per the format provided in this RFP
document. The Total Annual License Fee shall be payable from First Year (1st Year) of
COD or Ninth (09th) month from the date of Signing of Concession Period, whichever is
earlier. Total Annual License Fee shall be paid with an increment of 5% over the
previous year for the entire Concession Period, payable to TSIIC at the start of each
quarter of such respective Financial Year.
“Firm” shall mean a single legal entity, which is a Registered Body under Indian
Companies Act, 1956 or 2013.
“TSIIC” shall mean Telangana State Industrial Infrastructure Corporation Limited
“Letter of Intent” or “LoI” shall mean the letter to be issued by TSIIC to the
Preferred Bidder conveying intention of award of the Project/ Concession, in
accordance with the terms of this RFP.
“Minimum Development Obligations” or “Essential Facilities” shall mean the
Minimum Development Requirements to be met by the Preferred Bidder
/Concessionaire in implementation of the Project; the details of the Minimum
Development Obligations are given in the RFP.
“Minimum Performance Obligations” shall mean the Minimum Performance
Requirements to be met by the Preferred Bidder /Concessionaire during operations and
maintenance of the Project; the details of the Minimum Performance Obligations are
given in the RFP.
“Operations Period” shall means the period commencing from COD and ending on
the expiry or prior termination of this Agreement Period;
“Other Option Facilities” shall mean the other commercial facilities like
Advertisements space, Food courts, ATMs/ Kiosks that may be developed by the
Preferred Bidder /Concessionaire only upon prior approval from TSIIC;
“Preferred Bidder” shall mean the Bidder, whose Bid is declared as the Bid with the
Highest Total Annual License Fee quoted for the Project as a result of the Bid evaluation
process as set forth in this RFP document.
“Project Cost” shall mean the estimated total landed cost of Project. The components
would include the costs incurred for carrying out the Project related activities such as
formulation, development, design, engineering, finance, installation, construction,
interest during construction, insurance, cost towards optional facilities, etc.
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“Project” shall means, Development of Urban Street Infrastructure for ISB road from
DLF circle to Varun Motors on PPP mode under IALA Nanakramguda and subject to the
provisions of this RFP and Agreement, (i) design, financing, construction at the site,
implementation, completion, commissioning, marketing, management, operation and
maintenance of the Project facilities, execution of the works and all activities incidental
thereto, such as engineering, testing, installation, commissioning and insurance etc., by
the Concessionaire during the Concession Period; and (ii) the transfer of the
Project/Project Facilities/Essential Facilities including Optional facilities by the
Concessionaire to Authority or its nominated agency at the end of the Concession Period
by efflux of time or prior termination;
“Project Area” shall mean L.H.S (Left Hand Side) of the ISB road (From DLF Circle to
Varun Motors) comprising of varying width up to 4.50 meter width and 3.50 Km length
along ISB road from DLF circle to Varun Motors under IALA Nanakramguda
"“Project Agreement” shall mean Concession Agreement and any other legal
documents as mutually agreed to between the TSIIC and the Preferred Bidder,
necessary for implementing the Project.
“Project Completion Period” shall mean the total period in which the construction of
the Project (as per the designs) and certified by TSIIC or its nominated agency.
“Request for Proposal or RFP” shall mean the Bid documents comprising Volume I
to IV, including any Addendum / modifications /clarifications issued by TSIIC.
“Technical Criteria” or “Criteria” shall mean the criteria stipulated in the RFP,
which is required to be complied by the Bidder based on its Technical Bid to become
eligible for opening and evaluation of its Commercial Bid.
3.2 INTERPRETATION
In the interpretation of this RFP, unless the context otherwise requires:
i. The singular of any defined term includes the plural and vice versa, and any word
or expression defined in the singular has the corresponding meaning used in the
plural and vice versa;
ii. Reference to any gender includes the other gender;
iii. Unless otherwise stated, a reference to a clause, sub-clause, paragraph, sub-
paragraph, annex, exhibit, attachment, schedule or recital is a reference to a
Clause, sub-clause, paragraph, subparagraph, annex, exhibit, attachment,
schedule or recital of this RFP;
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iv. A reference to any agreement is a reference to that agreement and all annexes,
attachments, exhibits, schedules, appendices and the like incorporated therein, as
the same may be amended, modified, supplemented, waived, varied, added to,
substituted, replaced, renewed or extended, from time to time, in accordance with
the terms thereof;
v. The terms “include” and “including” shall be deemed to be followed by the words
“without limitation”, whether or not so followed;
vi. Any reference to a person shall include such person’s successors and permitted
assignees;
vii. A reference to a “writing” or “written” includes printing, typing, lithography and
other means of reproducing words in a visible form;
viii. Any date or period set forth in this RFP shall be such date or period as may be
extended pursuant to the terms of this RFP;
ix. A reference to “month” shall mean a calendar month, a reference to “week” shall
mean a calendar week and a reference to “day” shall mean a calendar day, unless
otherwise specified.
x. The terms "hereof, "herein", "hereto", "hereunder" or similar expressions used in
this RFP mean and refer to this RFP and not to any particular Article, Clause or
Volume of this RFP. The terms "Article", "Clause", “Paragraph” and “Schedule”
mean and refer to the Article, Clause, Paragraph and Schedule of this RFP so
specified;
xi. In the case of any conflict, discrepancy or repugnancy between the provisions of
RFP documents, provisions of the Concession Agreement shall prevail over and
supersede the provisions of other documents.
xii. The descriptive headings of Articles and Sections are inserted solely for
convenience of reference and are not intended as complete or accurate
descriptions of content thereof and shall not be used to interpret the provisions of
this Agreement;
xiii. All capitalized words and expressions used in the RFP but not defined therein shall
have the same meaning as ascribed to them in the Agreement.
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4.0 GENERAL INFORMATION AND INSTRUCTIONS
4.1 CONTENTS OF THE RFP DOCUMENT
The RFP documents are those stated below, and should be read in conjunction with
any Addenda issued;
i. Volume I: Instruction to Bidders
ii. Volume II: Development Controls and Technical Specification
iii. Volume III: Formats for Bids Submission (Appendices)
iv. Volume IV: Draft Concession Agreement
4.2 INTRODUCTION TO RFP
4.2.1 This Volume should be read in conjunction with other Volumes of RFP. The
words and expressions, which are defined in this Volume of RFP i.e. Instructions
to Bidders (ITB), have the same meaning when used in the other Volumes of
RFP, unless separately defined.
4.2.2 The ITB sets out the Bidding Process and provides necessary details for the
Bidders to prepare their Bid(s) for the subject Project(s). The prescribed formats
for submission of Bids are as per the Volume III of the RFP.
4.2.3 The Bidders are advised to submit their Bids complying with the requirements
stipulated in the RFP document. The Bids may be rendered disqualified in case
of receipt of incomplete Bids and/or the information is not submitted as per the
prescribed formats.
4.3 GENERAL TERMS OF BIDDING
4.3.1 The Bidder shall submit single Bid for the project (subject to eligibility). Each
Bidder shall ensure that none of its Associates are bidding for the Project
separately. In case it is found that a Bidder and its Associate both have bid
separately for this Project, the bids of both such Bidder and its Associate shall
be rejected and the Bid Security of both such Bidder and its Associate shall be
liable to be forfeited.
4.3.2 Notwithstanding anything to the contrary contained in this RFP, the detailed
terms specified in the draft Concession Agreement shall have overriding effect;
provided, however, that any conditions or obligations imposed on the Bidder
hereunder shall continue to have effect in addition to its obligations under the
Concession Agreement.
4.3.3 The Bid should be furnished in the format at Appendix – C, clearly indicating the
Total Annual License Fee in both figures and words, and signed by the Bidder’s
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authorised signatory. In the event of any difference between figures and words,
the amount indicated in words shall be taken into account.
4.3.4 The Commercial Bid shall consist of ‘Total Annual License Fee’ to be quoted by
the Bidder.
4.3.5 The Bidder shall submit the Bid Security along with the bid submitted for the
project, in accordance with the provisions of this RFP. The Bidder shall provide
the Bid Security in the form of Demand Draft drawn in favor of “ TSIIC Limited”
and payable at Hyderabad
4.3.6 Change of Management of the Preferred Bidder is not allowed within
construction time and first three years of project operations. However, after the
aforesaid period and with the prior approval of TSIIC IALA, change of
management may be allowed.
4.4 BIDDER’S RESPONSIBILITY FOR DATA & SITE/S VERIFICATION
4.4.1 While preparing the Bid, the Bidder shall consider the information provided in
this RFP in totality and is expected to examine carefully the contents of all the
documents provided. Failure to comply with the requirements of the RFP will be
at the Bidder’s own risk and may lead to disqualification of the Bid as being non
responsive.
4.4.2 The technical details given in Volume II of RFP are based on the site status and
assumptions of TSIIC or its Consultants/ Advisors. However, the Bidders shall be
wholly responsible for all the details of their Bids, based on their review of
physical and site conditions, etc. In essence, after the Bid is submitted, the
Bidder shall be the ‘owner’ of all the data, which forms the basis of the Bid and
shall have no claims whatsoever on TSIIC or its agencies or its Advisors
regarding the accuracy of the data or designs, information, etc. furnished in the
RFP.
4.4.3 It would be deemed that prior to the submission of the Proposal, the Bidder has:
a. Made a complete and careful examination of requirements and other
information set forth in this RFP document.
b. Received all relevant information requested from TSIIC.
c. Accepted the risk of inadequacy, error or mistake in the information provided
in the Bidding Documents or furnished by or on behalf of TSIIC.
d. Examined all the relevant information as it has received from TSIIC in
respect of the project/s
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e. Made a complete and careful examination to determine the difficulties and
matters incidental to the performance of its obligations under the Concession
Agreement, including but not limited to
i. The Project Site
ii. Availability of suitable materials and/or technology for
construction
iii. All other factors that might affect its performance under the
Concession Agreement.
f. Acknowledged that it does not have Conflict of Interest.
g. Agreed to be bound by the undertakings and all other documents provided
by it under and in terms hereof.
4.4.4 Bidders shall carry out any surveys, investigations etc. at their own cost and risk.
4.5 BIDDER’S ELIGIBILITY CRITERIA
The Bidders shall meet the following minimum eligibility criteria’s:
4.5.1 General requirement: The Bidder shall have registered under the provisions
of Indian Companies Act, 1956 or 2013.
4.5.2 Minimum Technical Qualification: The Bidder shall meet the following
Technical qualifications executed during the last ten financial years preceding
bid due date;
(i) Should have accomplished experience in executing anyone of the
following:
a) Any Civil works in Urban area with a single contract value of at least
Rs. 10 Crores (Rupees Ten Crores)
OR
b) Should have accomplished experience in similar nature of projects
either laying of urban spaces (footpath or Cycle track or street
furniture) with 5 Km’s stretch or at least an area of 1.3 Lakh Sq. ft
AND
(ii) Any works under PPP mode in Urban areas i.e FOB’s, Bus shelters, Street
furniture etc. with Single contract value of atleast Rs. 6 crores (Rupees
Six Crores)
Note: Appropriate documentary evidence in the form of completion certificates, work
orders etc. should be enclosed in support of the above. In case, if the experience
certificate (for the project executed under PPP mode) issued by its client does not
reflect the project cost, then the Bidder shall submit the certificate issued by Statutory
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Auditor of the bidding firm, indicating the project cost duly verifying the expenditure
spent on the project. Further, the cost of the claimed projects for demonstrating the
eligibility shall be updated by giving simple weightage of 10% per year to bring them to
current price level, as per G.O Ms. 372, dt: 28.09.2012. All the documentary evidence
submitted by the Bidder(s) shall be to the satisfaction of TSIIC. Decision of TSIIC in
accepting or rejecting such documentary evidence as submitted by the Bidder(s) is final
and binding on the Bidder(s).
4.5.3 Minimum Financial Qualification: The Bidder shall meet the following
Financial qualifications
i. Minimum Average Annual Turn Over of Rs. 20.00 Crores (Rupees Twenty
Crores only) in the past Three Financial Years as per the Audited Annual
Accounts.
AND
ii. Minimum Net-worth Rs. 2.50 Crores (Rupees Two Crore Fifty Lakhs only)
at the close of the financial year preceding bid due date, as per the Audited Annual
Accounts i.e. as on 31.3.2019.
Note: The Bidders should submit audited annual accounts for the all the relevant years
in support of all the above financials.
4.5.4 Qualification through Affiliates (If any)
The Bidding Company can draw upon the Technical Experience and Financial Capability
of one or more of its Affiliates. In either case, the ownership relation between the
Bidder and the Affiliate(s) must be explained.
For purposes hereof, “Affiliate” means with respect to a specified Person, any Person
which is a holding company or subsidiary of such specified Person, or any Person which
directly or indirectly, (a) owns or controls such specified Person, (b) is owned or
controlled by such specified Person, or (c) is owned or controlled by the same Person,
who, directly or indirectly, owns or controls such specified Person. For the purposes of
this Document, the terms "holding company" and "subsidiary" shall have the meaning
ascribed to them under Section 4 of the Companies Act, 1956 and 2013 and the term
"control" shall mean:
a) control over the composition of majority of board of directors of a
company; or
b) control of more than 50% (fifty percent) of the voting shares of such
Person
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c) and with respect to a Person which is not a company or corporation, the
power to direct the management and policies of such person, whether by
operation of law or by contract or otherwise
For purposes of this RFP, Affiliate means, in relation to the Bidder, a person who
controls, is controlled by, or is under the common control with such Bidder (the
“Affiliate”). As used in this definition, the expression “control” means, with respect to a
person which is a company or corporation, the ownership, directly or indirectly, of more
than 50% (fifty per cent) of the voting shares of such person, and with respect to a
person which is not a company or corporation, the power to direct the management
and policies of such person by operation of law.
a) All other conditions like power of attorney for bid signatory and qualifying criteria of
the Preferred Bidder, qualification through affiliates, etc. shall be as defined in this
RFP document.
b) The Bids would be evaluated based on the details and data furnished. TSIIC
decision regarding a Bidder’s eligibility or otherwise shall be final and binding.
c) The Bidders shall provide evidence of their continued eligibility in a manner that is
satisfactory to TSIIC and TSIIC may request the Bidders for the same till signing of
the Concession Agreement.
d) A Bidder may be disqualified if it is determined by TSIIC, at any stage of the
Bidding Process that the Bidder fails to continue to satisfy the Eligibility Criteria and
Technical Criteria. Supplementary information or documentation regarding the
criteria may be sought from the Bidders at any time and the same shall be so
provided within the time frame stipulated by TSIIC.
4.6 NON-COMPLIANCE WITH RFP
TSIIC reserves the right to terminate a Bidder’s participation in the Bidding Process at
any time, should TSIIC consider that a Bidder has, without the prior consent, failed to
comply with the procedures and requirements prescribed in the RFP.
4.7 COST OF BIDDING
The Bidder shall bear all costs associated with the preparation and submission of its
Bid, including site visits, field investigations, data collection, analysis, etc. as also any
discussions/negotiations. TSIIC/Project Advisors shall not be responsible or liable for
any such costs.
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4.8 VALIDITY OF BID
4.8.1 The Bids submitted shall remain valid for 90 days from the Due Date of Bid
submission.
4.8.2 In exceptional circumstances, prior to the expiry of the original Bid validity
period, TSIIC may request the Bidders to extend the period of validity for a
specified additional period. The request for the extension shall be made in
writing. Bidder will not be permitted to modify their Commercial Bid, but will be
required to extend the validity of the Bid Security for the period of extension.
4.9 BID SECURITY
4.9.1 The Bidder shall furnish, along with the Bid, Bid Security as mentioned in the
‘Bid Summary’ (Clause 2) of this RFP, in the form of Demand Draft from any
Nationalised/ Scheduled Bank in favour of ‘, TSIIC Limited” payable at
Hyderabad or unconditional and irrevocable Bank Guarantee from a
Nationalized/ Scheduled Bank. The Bank Guarantee towards Bid Security shall
be valid for 90 days from the Due Date of Bid submission and may be extended
as may be mutually agreed between the Authority and the Bidder.
4.9.2 Details of the Demand Draft or Bank Guarantee for the Project shall be
submitted in the format provided as Appendix A3 of Volume III of RFP.
4.9.3 Any Bid not accompanied by the Bid Security in the manner stated above shall
be rejected by TSIIC as non-responsiveness and their Bid shall not be opened
for evaluation.
4.9.4 The Bid Security of unsuccessful Bidders will be returned within 15 days of
signing of Concession Agreement with the Preferred Bidder or 60 days of
opening of commercial bids, whichever is earlier.
4.9.5 The Bid Security shall be extended beyond the original validity period in case the
signing of Concession Agreement is delayed due to any reason.
4.9.6 The Bid Security shall become liable for forfeiture in the event of the following:
i. If the Bidder refuses to accept the correction of errors in his Bid, or
ii. If the Bidder submits a conditional Bid which would affect unfairly the
competitive provision of other Bidders who submitted substantially
responsive Bids and/or is not accepted by TSIIC,
(or)
iii. The Preferred Bidder fails to sign the Concession Agreement as stipulated
in the RFP,
(or)
iv. If the Preferred Bidder fails to pay the Project Development Fees and/or
fails to provide the Bank Guarantees as per the terms and conditions
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specified in the RFP within the stipulated time period as specified in the
RFP/LoI.
4.10 MISCELLANEOUS INSTRUCTIONS
4.10.1 TSIIC reserves the right to disqualify Bidders at any stage of the Bidding
Process if the details submitted for pre-qualification are found to be
incorrect or untrue.
4.10.2 Bids that are incomplete in any respect or those that are not consistent
with the requirements as specified in this RFP might be considered non-
responsive and may be liable for rejection.
4.10.3 Adherence to formats, wherever prescribed, is required. Non-adherence to
formats might be a ground for declaring a Bid non-responsive.
4.10.4 All communication and information shall be provided in writing and in
English language only.
4.10.5 All financial data shall be given (converted) in Indian Rupees only.
4.10.6 All communication and information provided should be legible, and
wherever the information is given in figures, the same should also be
mentioned in words. In case of conflict between amounts stated in figures
and words, the amount stated in words will be taken as correct. No change
in, or supplementary information to a Bid shall be accepted once
submitted. However, TSIIC or any of its advisors/ agencies/ consultants
reserves the right to seek additional information and/ or clarifications from
the Bidders, if found necessary, during the course of evaluation of the Bid.
Non-submission, incomplete submission or delayed submission of such
additional information and/ or clarifications sought by TSIIC or any of its
agencies/consultants may be a ground for rejecting the Bid.
4.10.7 If any claim made or information provided by the Bidder in the Bid or any
information provided by the Bidder in response to any subsequent query by
TSIIC or any of its agencies/consultants/advisors, is found to be incorrect
or is a material misrepresentation of facts, then the Bid shall be liable for
rejection. Mere clerical errors or bonafide mistakes may be treated as an
exception at the sole discretion of TSIIC or any of its advisors/ agencies/
consultants and if TSIIC or any of its advisors/ agencies/ consultants is
adequately satisfied.
4.10.8 Any entity which has been barred by the Central/ State Government or any
entity controlled by them in India or abroad, from participating in any
project (DBFOT or otherwise), and the bar subsists as on the Due Date or
had been imposed at any time in the last three (3) years immediately prior
to the Due Date, would not be eligible to submit a Bid. In case of a foreign
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entity, the same should not have been barred in the jurisdiction of its
incorporation or at any other place where such foreign entity shall have
undertaken any projects/ assignments, by any public or other authority in
the last three (03) years immediately prior to the Due Date.
4.10.9 A Bidder or Associate should, in the last 3 (three) years, have neither failed
to perform on any contract, as evidenced by imposition of a penalty by an
arbitral or judicial authority or a judicial pronouncement or arbitration
award against the Bidder, or Associate thereof, as the case may be, nor
has been expelled from any project or contract by any public entity nor
have had any contract terminated by any public entity for breach by such
Bidder or Associate thereof.
4.10.10 If the Bidder has submitted any documents, created or originating from
outside the Republic of India, such as work experience certificate(s),
financial detail(s), power of attorney(s), undertaking(s), documentary
evidence(s), qualifying document(s), etc. (collectively “Foreign
Documents”) then the Bidder, before any such Foreign Document(s) are
sent to India for the purpose of applying towards this Project, shall be
required to get each and every page of such Foreign Document(s), duly
authenticated/ embossed/ legalized/ notarised from the Indian
Embassy/Indian High Commission situated in the country from where such
Foreign Document(s) were created or are originating from. Such
authentication/ embossment/ legalization/ notarisation from the Indian
Embassy/Indian High Commission shall also apply to all such document(s)
that are in a language other than English, which shall compulsorily be
required to be translated (as the true translated copies of the original) by a
duly certified/ authorized /qualified Translator, supported by the affidavit of
the said translator, certifying the correctness of the English translation. In
case of any inconsistency between the original Foreign Document and its
english translation, the latter shall prevail and be held binding on such
Bidder.
However, in the case of Foreign Document(s) created or originating from
countries that have signed, ratified and have made operational the Hague
Convention abolishing the requirement of legalization for foreign public
documents, 5 October, 1961 - "Hague Legalization Convention, 1961", the
Bidders may affix an 'Apostle" sticker on each and every page of their
Foreign Document(s). Thereafter, the Bidder shall be compulsorily required
to get all such "Appostilled" Foreign Document(s) approved, certified and
attested from the Indian Embassy /Indian High Commission in that country
where the 'Foreign Document(s)' were created or are originated from or the
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Ministry of External Affairs, Government of India, New Delhi and the
Bidder/s shall follow any other norms/guidelines laid by the Ministry of
External Affairs, Government of India, New Delhi.
4.10.11 A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that
affects the Bidding Process. Any Bidder found to have a Conflict of Interest
shall be disqualified. In the event of disqualification, TSIIC shall be entitled
to forfeit and appropriate the Bid Security or the Construction Performance
Security, as the case may be, as mutually agreed genuine pre-estimated
loss and damage likely to be suffered and incurred by TSIIC and not by
way of penalty for, inter alia, the time, cost and effort of the TSIIC,
including consideration of such Bidder’s proposal (the “Damages”), without
prejudice to any other right or remedy that may be available to TSIIC
under the Bidding Documents and/or the Concession Agreement or
otherwise. Without limiting the generality of the above, a Bidder shall be
deemed to have a Conflict of Interest affecting the Bidding Process, if:
(i) the Bidder or its Associate and any other Bidder, or any Associate thereof
have common controlling shareholders or other ownership interest; provided
that this disqualification shall not apply in cases where the direct or indirect
shareholding of a Bidder or an Associate thereof (or any shareholder thereof
having a shareholding of more than 5% (five per cent) of the paid up and
subscribed share capital of such Bidder or Associate, as the case may be) in
the other Bidder or Associate, is less than 5% (five per cent) of the
subscribed and paid up equity share capital thereof; provided further that
this disqualification shall not apply to any ownership by a bank, insurance
company, pension fund or a public financial institution referred to in Section
4A of the Companies Act, 1956/ Section 2(72) of the Companies Act, 2013.
For the purposes of this Clause, indirect shareholding held through one or
more intermediate persons shall be computed as follows:
(a) where any intermediary is controlled by a person through
management control or otherwise, the entire shareholding held by
such controlled intermediary in any other person (the “Subject
Person”) shall be taken into account for computing the
shareholding of such controlling person in the Subject Person;
(b) subject always to sub-clause (a) above, where a person does not
exercise control over an intermediary, which has shareholding in
the Subject Person, the computation of indirect shareholding of
such person in the Subject Person shall be undertaken on a
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proportionate basis; provided, however, that no such shareholding
shall be reckoned under this sub-clause (b) if the shareholding of
such person in the intermediary is less than 26% of the
subscribed and paid up equity shareholding of such intermediary;
or
(ii) such Bidder or any Associate thereof receives or has received any direct or
indirect subsidy, grant, concessional loan or subordinated debt from any
other Bidder or Associate, or has provided any such subsidy, grant,
concessional loan or subordinated debt to any other Bidder or any Associate
thereof; or
(iii) such Bidder has the same legal representative for purposes of this Bid as
any other Bidder; or
(iv) such Bidder, or any Associate thereof, has a relationship with another
Bidder, or any Associate thereof, directly or through common third party/
parties, that puts either or both of them in a position to have access to each
others’ information about, or to influence the Bid of either or each other; or
(v) such Bidder or any Associate thereof has participated as a consultant to the
Concessioning Authority in the preparation of any documents, design or
technical specifications of the Project.
Explanation:
For purposes of this RFP, Associate means, in relation to the Bidder, a person
who controls or is controlled by or is under the common control with such Bidder
(the “Associate”). As used in this definition, the expression “Control” means,
with respect to a person which is a company or corporation with the ownership,
directly or indirectly, of more than 50% (fifty per cent) of the voting shares of
such person, and with respect to a person which is not a company or
corporation, the power to direct the management and policies of such person by
operation of law.
4.10.12 A Bidder shall be liable for disqualification and forfeiture of Bid Security if any
legal, financial or technical advisor of TSIIC in relation to the Project, is engaged by the
Bidder or any Associate thereof, as the case may be, in any manner for matters related
to or incidental to such Project during the Bidding Process or subsequent to the (i)
issue of the LoI or (ii) execution of the Concession Agreement.
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4.11 BID RESPONSIVENESS
4.11.1 A Bid shall be deemed “non-responsive” if it does not satisfy any of the following
conditions:
i. It is not received by the Due Date and time
ii. It does not include sufficient information/ details for it to be evaluated and/or is
not in the formats specified in this RFP.
iii. It is not signed and/or sealed in the manner as specified in this RFP.
iv. The Bid Security/ies is not submitted by the Bidder along with the bid or
submitted in any other form other than that prescribed in the RFP.
4.11.2 Non-responsive Bids shall be liable for rejection at any stage during the Bid
evaluation process and the decision of TSIIC in this regard is final and binding.
4.12 PRE-BID CONFERENCE
4.12.1 A Pre-Bid conference of the Bidders shall be held on the date and time specified
in the RFP (Schedule of Bidding Process), at the office of the TSIIC Head
Office, Hyderabad and the Bidder’s designated representative(s) are invited to
attend the same. A maximum of two (2) representatives of each Bidder shall be
allowed to participate on production of authority letter from the Bidder.
4.12.2 Bidders are advised to contact TSIIC to indicate whether or not they will attend
and, if so, the number of attendee(s) and their names, designation etc, at least
two (2) working days prior to the date of the pre-bid conference.
4.12.3 The purpose of the Pre-Bid Conference(s) will be to clarify queries of the Bidders
related to the Project, Project site and RFP document, if any. During the course
of the Pre-Bid conference, the Bidders shall be free to seek clarifications and
make suggestions for consideration of the TSIIC. TSIIC shall endeavour to
provide clarifications and such further information as it may, in its sole
discretion, consider appropriate for facilitating a fair, transparent and
competitive Bidding Process.
4.12.4 The Bidders should submit the queries in writing or by fax or e-mail and the
same should reach to TSIIC at least two (2) working days before the pre-bid
conference along with a soft copy of the same to TSIIC by e-mail.
4.12.5 Minutes of the Pre-Bid conference will be sent to all Bidders, which will
subsequently form an addendum to this RFP, as required.
4.12.6 The responses to the queries raised in the Pre-Bid Conference will be updated
on the TSIIC website. Any modification to the RFP (including the Concession
Agreement) which may be considered necessary as a result of the Pre-Bid
Conference or otherwise in the sole discretion of TSIIC shall be made by TSIIC
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exclusively through the issue of an Addendum / issue of the revised RFP
(including Concession Agreement), shall be uploaded on TSIIC website.
4.12.7 Non-attendance at the Pre-Bid Conference will not be a cause for disqualification
of a Bidder.
4.13 CLARIFICATION & AMENDMENT OF RFP DOCUMENT
4.13.1 Bidder requiring any clarification on the RFP document shall request TSIIC office
in writing or by e-mail or facsimile (any reference to either E-mail or facsimile
shall be interpreted to include the other) at the address indicated in the RFP.
TSIIC /Project Advisors will respond to any request for clarification, which is
received before two working days from the Pre-Bid Meeting to enable other
Bidders to react/incorporate prior to the Due Date. Copies of response given by
TSIIC/ Project Advisors will be forwarded to all Bidders, including a description
of the query, but without identifying its source.
4.13.2 The Bidders shall note that reliance upon information/ clarification that is
provided by any other source shall be at the risk of the Bidders.
4.13.3 At any time prior to the Due Date, TSIIC may amend the RFP document by
issuing an addendum.
4.13.4 Any addendum thus issued shall be part of the RFP document and shall be
updated on the TSIIC website only.
4.14 FRAUD AND CORRUPT PRACTICES
4.14.1 The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process and subsequent to
the issue of the LOI and during the subsistence of the Concession Agreement.
Notwithstanding anything to the contrary contained herein, or in the LOI or the
Concession Agreement, the Authority shall reject a Bid, withdraw the LOI, or terminate
the Concession Agreement, as the case may be, without being liable in any manner
whatsoever to the Bidder or Concessionaire, as the case may be, if it determines that
the Bidder or Concessionaire, as the case may be, has, directly or indirectly or through
an agent, engaged in corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice in the Bidding Process. In such an event, the
Authority shall forfeit and appropriate the Bid Security or Performance Security, as the
case may be, as mutually agreed genuine pre-estimated compensation and damages
payable to the Authority towards, inter alia, time, cost and effort of the Authority,
without prejudice to any other right or remedy that may be available to the Authority
hereunder or otherwise.
4.14.2 Without prejudice to the rights of the Authority under Clause 4.15.1 hereinabove
and the rights and remedies which the Authority may have under the LOI or the
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Concession Agreement, if a Bidder or Concessionaire, as the case may be, is found by
the Authority to have directly or indirectly or through an agent, engaged or indulged in
any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice during the Bidding Process, or after the issue of the LOI or the
execution of the Concession Agreement, such Bidder or Concessionaire shall not be
eligible to participate in any tender or RFP issued by the Authority during a period of 2
(two) years from the date such Bidder or Concessionaire, as the case may be, is found
by the Authority to have directly or indirectly or through an agent, engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practices, as the case may be.
4.14.3 For the purposes of this Clause 4.15.2, the following terms shall have the
meaning hereinafter respectively assigned to them:
a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the actions of any person connected with
the Bidding Process (for avoidance of doubt, offering of employment to or employing or
engaging in any manner whatsoever, directly or indirectly, any official of the Authority
who is or has been associated in any manner, directly or indirectly with the Bidding
Process or the LOI or has dealt with matters concerning the Concession Agreement or
arising there from, before or after the execution thereof, at any time prior to the expiry
of one year from the date such official resigns or retires from or otherwise ceases to be
in the service of the Authority, shall be deemed to constitute influencing the actions of
a person connected with the Bidding Process); or (ii) engaging in any manner
whatsoever, whether during the Bidding Process or after the issue of the LOI or after
the execution of the Concession Agreement, as the case may be, any person in respect
of any matter relating to the Project or the LOI or the Concession Agreement, who at
any time has been or is a legal, financial or technical adviser of the Authority in relation
to any matter concerning the Project;
b) “fraudulent practice” means a misrepresentation or omission of facts or suppression
of facts or disclosure of incomplete facts, in order to influence the Bidding Process ;
c) “coercive practice” means impairing or harming, or threatening to impair or harm,
directly or indirectly, any person or property to influence any person’s participation or
action in the Bidding Process;
d) “undesirable practice” means (i) establishing contact with any person connected
with or employed or engaged by the Authority with the objective of canvassing,
lobbying or in any manner influencing or attempting to influence the Bidding Process;
or (ii) having a Conflict of Interest; and
e) “restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Bidders with the objective of restricting or manipulating a full and
fair competition in the Bidding Process.
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4.15 REJECTION OF BIDS
4.15.1 Notwithstanding anything contained in this RFP, TSIIC reserves the right to
reject any Bid and to annul the Bidding Process and reject all Bids at any time
without any liability or any obligation for such acceptance, rejection or
annulment, and without assigning any reasons therefor. In the event that TSIIC
rejects or annuls all the Bids, it may, in its discretion, invite all eligible Bidders to
submit fresh Bids hereunder or may take such other steps as it may deem fit in
its sole discretion as per applicable laws without being liable for the same in any
manner.
4.15.2 The Authority reserves the right not to proceed with the Bidding Process at any
time, without notice or liability, and to reject any Bid without assigning any
reasons.
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5.0 BIDDING PROCESS
5.1 The Bidders are required to submit single bid for the project (subject to eligibility).
The bid comprises of two envelopes (i) Technical Bid in Envelope I and (ii) Commercial
Bid in Envelope II. Both the envelopes shall be placed inside an Outer Envelope.
5.2 The Technical Bid in Envelope-I will be evaluated based on the compliance vis-à-vis
the stipulated Technical Criteria.
5.3 The Bidders qualified in the technical evaluation will only be eligible for opening &
evaluation of their Commercial Bids. Evaluation of the Commercial Bids will be the
final stage of evaluation process.
5.4 In order to accomplish a comprehensive, expeditious and fair Bid evaluation process,
Bidders are requested to study the contents of the RFP documents completely and
carefully. The Bidders may obtain clarifications, if required from TSIIC/ Project
Advisors in this regard.
5.5 The evaluation of Bids would lead to the selection of a Preferred Bidder.
5.6 The Bidders will have to provide Bid Security in the form of a demand draft/Bank
Guarantee to the Authority as per the Bid Summary (Clause 2.0 of Volume I of this
RFP). The Bid shall be summarily rejected if it is not accompanied by the Bid Security.
5.7 The sole criterion for selection of the Bidder is the “HIGHEST TOTAL ANNUAL
LICENSE FEE”, quoted by the Bidder in its commercial bid.
5.8 Generally, the Selected Bidder shall be the Highest (H1) (Highest Total Annual License
Fee quoted by the Bidder) Bidder in its Commercial Bid (Strictly as per the format
provided in this RFP). The remaining Bidders shall be kept in reserve and may, in
accordance with the process specified in Clause 7.8, Volume 1 of this RFP, be invited
to match the Bid submitted by the Highest (H1) Bidder, in case such Highest Bidder
withdraws or is not selected for any reason. In the event that none of the other
Bidders match the Bid of the Highest Bidder, the Authority may, in its discretion, invite
fresh Bids from all Bidders or annul the Bidding Process, as the case may be.
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6.0 PREPARATION AND SUBMISSION OF BIDS
6.1 GENERAL SUBMISSIONS
6.1.1 The Bid shall be submitted in two (02) separate envelopes as under, placed in an
Outer Envelope along with appendices as per Appendix A of Volume III of
RFP.
a. ENVELOPE I: Technical Bid (as per Appendix B of Volume III of RFP)
b. ENVELOPE II: Commercial Bid (as per Appendix C of Volume III of RFP)
6.2 INSTRUCTIONS FOR SUBMISSION OF OUTER ENVEOPE
The following shall be submitted in the Outer Envelope:
1. Checklist of Submissions as per Appendix A1 of Volume III of RFP
2. Covering Letter as per Appendix A2 of Volume III of RFP
3. Bid Security as mentioned in the RFP document.
4. Signed RFP along with Addenda (if any) signed on all pages by the authorized
signatory
5. Envelope I: Technical Bids
6. Envelope II: Commercial Bid
“OUTER ENVELOPE” shall be sealed, labelled as “BID FOR DEVELOPMENT OF
URBAN STREET INFRASTRUCTURE FOR ISB ROAD FROM DLF CIRCLE TO
VARUN MOTORS, HYDERABAD UNDER IALA NANAKRAMGUDA” and NOT TO BE
OPENED BEFORE THE DUE DATE/TIME FOR BID SUBMISSION & OPENING”.
6.3 INSTRUCTIONS FOR SUBMISSION OF TECHNICAL BID (Envelope I)
The following shall be submitted as part of the Technical Bid (Envelope I). The Technical
Proposal/ bid shall be sealed in separate envelope.
Appendix B1: Letter of Application.
Appendix B2: General Information about the Bidder.
Appendix B3: Power of Attorney for signing of Bid/Proposal (To be submitted by the
Bidder on a non-judicial stamp paper of Rs.100 duly attested by notary public).
Appendix B4: Anti Collusion Certificate.
Appendix B5: Project Undertaking.
Appendix B6: Affidavit (To be submitted by Bidder on a non-judicial stamp paper of
Rs. 100 duly attested by notary public)
Appendix B7: Technical Qualification Details
Appendix B8: Financial Qualification Details
Appendix B9: Letter of Undertaking for Technical Bid
The envelope containing the Technical Proposal shall have written on the top:
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ENVELOPE – I: “TECHNICAL PROPOSAL FOR DEVELOPMENT OF URBAN STREET INFRASTRUCTURE FOR ISB ROAD FROM DLF CIRCLE TO VARUN MOTORS, HYDERABAD ON PPP MODE UNDER IALA NANAKRAMGUDA” and shall be placed in the Outer Envelope.
6.4 INSTRUCTIONS FOR SUBMISSION COMMERCIAL BID
The Bidders shall be required to submit their Commercial Bids (Total Annual License
Fee) sealed in separate envelope (ENVELOPE II) as under:
6.4.1 Commercial Bid Letter & Format as per Appendix - C (RFP-Volume-III)
duly filled in to quote the ” TOTAL ANNUAL LICENSE FEE”.
6.4.2 Bidders shall prepare and submit only One (1) original document of the
Commercial Bid in Envelope II. The envelope containing the Commercial Bid shall
be sealed, labelled as ENVELOPE – II: “COMMERCIAL BID FOR
DEVELOPMENT OF URBAN STREET INFRASTRUCTURE FOR ISB ROAD
FROM DLF CIRCLE TO VARUN MOTORS, HYDERABAD ON PPP MODE
UNDER IALA NANAKRAMGUDA” and placed inside the Outer Envelope.
6.5 COMMON INSTRUCTIONS
6.5.1 All the inner envelopes shall indicate the name and address of the Bidder to
enable the Bid to be returned unopened in case it is declared “late” or “non
responsive” or “non-qualified”, as the case may be.
6.5.2 If the Outer Envelope is not sealed and marked as above, TSIIC/ Project advisors
will not assume any responsibility for the misplacement or premature opening of
the bid. If the Outer Envelope discloses the Bidder’s identity, TSIIC/Project
Advisors will not guarantee the anonymity of the bid submission, but this shall
not constitute grounds for rejection of the Bid.
6.5.3 The Bid must be received by TSIIC no later than the date specified in the
‘Schedule of Bidding Process’ at the address mentioned above in the RFP.
6.6 SIGNING OF BID
The Authorized Signatory shall sign or initial each page of the Bid documents along with
the stamp of the bidding firm and return the same. They should also sign & stamp each
page of the RFP (including the Draft Concession Agreement) issued & return the same
along with bid to TSIIC.
6.7 LATE BIDS
The Bid received after the deadline for its submission will not be considered and will be
returned unopened to the Bidder. It is the Bidder’s responsibility to ensure that the Bids
are received at TSIIC office before the Due Date and Time.
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6.8 NO MODIFICATION OR NO WITHDRAWAL OF BIDS
The Bidders are neither allowed to make any modifications to the Bid submitted nor
withdraw the Bid at any point of time after submission.
6.9 LANGUAGE OF THE PROPOSAL
The Proposal and related documents to the Proposal and all correspondence exchanged
between Bidder(s) and TSIIC shall be written in English. Supporting documents and
printed literature furnished by the Bidder(s) in another language shall be accompanied
with accurate translation of the relevant passages in English language. Supporting
materials, which are not translated into English, will not be considered. For the purpose
of interpretation and evaluation of the proposal, the English language translation shall
prevail.
6.10 CURRENCY OF PROPOSAL AND PAYMENT
The currency for the purpose of this RFP shall be Indian Rupees.
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7.0 BID OPENING AND EVALUATION
7.1 BID OPENING
7.1.1 The Outer Envelopes of the Bids will be opened in the presence of the Bidders’
designated representatives who choose to attend, at the time, date, and location
given below:
Location Office of the Chief Engineer, TSIIC office, Parishrama BHavan,
Basheerbagh, Hyderabad
Date As specified in the RFP-Bid Summary / Schedule of Bidding
Process
Time 3: 00 PM
7.1.2 The Envelope I (Technical Bids) of the Bids of the Bidders who have satisfactorily
submitted the documents in the Outer Envelope will also be opened, subsequent
to the Outer Envelope Opening.
7.1.3 The Commercial Bids of the Bidders who qualify in the evaluation of Technical
Bids only would be opened. The Commercial Bids shall be opened in the presence
of the representatives of the technically qualified Bidders, who choose to attend.
Technically qualified Bidders will be informed regarding the venue, date and time
of the Commercial Bids opening, separately.
7.2 PROCESS TO BE CONFIDENTIAL
7.2.1 Information relating to the examination, clarification, evaluation and comparison
of Bids and recommendations for the award of a contract shall not be disclosed
to the Bidders or any other persons who are not officially concerned with such
process or is not a retained professional advisor advising TSIIC in relation to, or
matters arising out of, or concerning the Bidding process. TSIIC will treat all
information, submitted as part of the Bid, in confidence and will require all those
who have access to such material to treat the same in confidence. TSIIC may not
divulge any such information unless it is directed to do so by any statutory entity
that has the power under law to require its disclosure or to enforce or assert any
right or privilege of the statutory entity and/ or TSIIC or as may be required by
law or in connection with any legal process.
7.3 CLARIFICATION OF BIDS
7.3.1 To assist in the examination, evaluation, and comparison of Bids, TSIIC/ Project
Advisors may, at its discretion, ask any Bidder for information/ clarification/
substantiation.
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7.3.2 In addition, TSIIC may utilize services of any other consultants/advisors/ experts
to assist in the examination, evaluation and comparison of Bids.
7.3.3 However, clarifications if any required from Bidder, shall be in written form and
will be communicated to Bidder by TSIIC/ Project Advisors. No change in the
commercial terms or substance of the Bid shall be sought, offered or permitted
except as required to confirm the correction of arithmetical errors discovered by
TSIIC in the evaluation of the Bids in terms of this RFP.
7.3.4 Subject to Sub Clause 7.3.1, 7.3.2 and 7.3.3, no Bidders shall contact TSIIC on
any matter relating to its Bid from the time of Bid opening till the time the
Concession Agreement is awarded. Any effort by the Bidder to influence TSIIC in
Bid evaluation, Bid comparison or contract award decisions may result in the
rejection of its Bid.
7.4 EVALUATION OF BIDS
The Bid received will be evaluated based on the Bid Eligibility criteria specified in the
RFP
7.4.1 Evaluation of Technical Bid
a. Process: TSIIC may constitute a Committee for the purpose of Bid Evaluation.
The submissions of the Technical Bid would be evaluated to check its substantial
compliance with the stipulated requirements such as minimum bid Eligibility and
other mandatory requirements as indicated in the “Bid Summary”. If the
submission is not in substantial compliance or not in the prescribed format, the
submission will be rejected and the Bidder will be eliminated from further
evaluation process. The right to determine the ‘substantial compliance’ or
otherwise will rest solely with TSIIC/ Committee and no correspondence and/or
representation towards this will be entertained. A Technical Bid that is in
substantial compliance is one that is accompanied by the required documents in
the prescribed format that conforms to the requirements (Including Bid Eligibility
and other mandatory requirement detailed in the Bid summary) without material
deviation or reservation (i.e. which affects in any substantial way the scope,
obligations, quality, specifications, standards, rules, controls and performance of
the Project).
b. Cause for Rejection: The required information shall be provided in “reasonable
detail” and in the prescribed formats. For purposes here, ‘reasonable detail’
means that, the submissions in the Technical Bid generally meet the
requirements and if need be, by having communication with the Bidder, the same
can be clarified. The determination of whether the information has been provided
in ‘reasonable detail’ rests solely with TSIIC/ Committee.
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c. TSIIC/ Committee may discuss, request clarifications/ substantiation/additional
information and require meeting with the Bidders or presentation by the Bidders
on their Technical Bids. The Bidder shall provide clarifications/
substantiation/additional information, as requested within a period of one week.
d. The evaluation of the Technical Bid is summarised as below:
S.No Criteria Result
1 a) Meets the Minimum Bid Eligibility Criteria and other mandatory
requirements as indicated in the Bid Summary of this RFP
b) Undertaking to complete the MDOs and agree to design,
develop, finance, Operate and Maintain the project as per the
RFP conditions during the Concession Period (Technical
Compliance of the RFP as per the format -Appendix B)
Yes/ No
e. If the answer to the ‘Result’ is ‘No’ the Bid shall be non- qualifying and hence
would not be taken up for opening and evaluation of the Commercial Bid. If
answer to the ‘Result’ is ‘Yes’ then the Commercial Bid of the Bidder will be
opened and evaluated.
7.4.2 Evaluation of Commercial Bids
a. Process: If the submission is in substantial compliance with the Technical Bid,
then, the review and evaluation of the Commercial Bid would be undertaken. If
the submission does not satisfy the criteria, the submission will be rejected and
the Bidder will be eliminated from further evaluation process.
b. Requirements for Substantial Compliance: Prior to the detailed evaluation of the
Commercial Bid, it would be determined whether each Bid:
i. Has been properly signed and contains the required representations or
commitments;
ii. Is presented in a manner that conforms with the requirements of the RFP
including the specified format;
c. Material Deviation: A material deviation or reservation is one
i. Which affects in any substantial way the requirements of the RFP and
performance of the Project; or
ii. Which is substantially inconsistent with the requirements of the RFP. This limits in
any substantial way, TSIIC’s rights or the Bidder’s obligation under the
Concession Agreement.
iii. Whose rectification would affect unfairly the competitive provision of other
bidders presenting substantially responsive Bids.
d. Evaluation: For evaluation of the Commercial Bid, the Highest Total Annual
License Fee quoted by the Bidder will be taken into consideration. The sole
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criteria for evaluation of the Commercial Bid is the Highest Total
Annual License Fee quoted in the prescribed format (Appendix C).
7.5 CORRECTION OF ERRORS
Bid determined to be substantially responsive will be checked for any arithmetic errors.
Wherever there is conflict between the amounts in figures and in words, the amount
stated in words will be taken as correct; and
a. The corrections made by TSIIC/ Committee, as explained above, shall be
considered as binding upon the Bidder.
b. If the Bidder does not accept the corrections in the Bid, the Bid may be summarily
rejected and Bid Security may be forfeited.
7.6 PREFERRED BIDDER
As per the evaluation of the Commercial Bids, the Bidder, who quotes the Highest Total
Annual License Fee for the project, will be the “Preferred Bidder”.
7.7 SPECIAL CONDITION FOR SELECTION OF PREFERRED BIDDER
In the event that two or more Bidder(s) bids are determined to have the same Highest
Total Annual License Fee quotes (the “Tie Bidders”), the Authority shall identify the
Highest bidder by draw of lots, which shall be conducted, with prior notice, in the
presence of the Tie Bidders who choose to attend.
7.8 WITH DRAWAL/ NON SELECTION OF PREFERRED BIDDER
In the event that the Highest (Preferred) Bidder (H1) withdraws or is not selected for
any reason in the first instance (the “first round of bidding”), the Authority may invite
the remaining Bidders to revalidate or extend their respective Bid Security, as necessary,
and match the Bid of the aforesaid Highest Bidder (the “second round of bidding”). If
in the second round of bidding, only one Bidder matches the Highest Bidder, it shall be
the Preferred Bidder. If two or more Bidders match the said Highest Bidder in the
second round of bidding, then the Bidder whose Bid was Higher as compared to other
Bidder(s) in the first round of bidding shall be the Selected Bidder. For example, if the
third and fourth Highest Bidders in the first round of bidding offer to match the said
Highest Bidder in the second round of bidding, then the said third Highest Bidder shall
be the Preferred Bidder.
7.9 CONFIDENTIALITY
The confidentiality of the Technical Bid of each Bidder will be respected by TSIIC/Project
Advisors and will not be divulged unless required by operation of law. The contents of
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the Technical Bids and any other non-proprietary information, of the Preferred Bidder
may be made public at the sole discretion of TSIIC.
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8.0 AWARD OF PROJECT/ SIGNING OF CONCESSION AGREEMENT
8.1 TSIIC’S RIGHT TO REJECT ANY OR ALL BIDS
TSIIC reserves the right to accept or reject any Bid, and to annul the bidding process
and reject all bids, at any time prior to the award of Concession, without thereby
incurring any liability to the affected Bidder or Bidders and /or any obligation to inform
the affected Bidder or Bidders of the grounds for its action.
8.2 ISSUE OF LOI AFTER EVALUATION OF THE BIDS AND APPROVAL OF
TSIIC
Upon completion of the Bid evaluation process, acceptance of the Bid and intention of
award of the Project/ Concession would be conveyed by TSIIC to the Preferred Bidder,
who satisfies all other compliance requirements. The Letter of Intent (LoI) would be
issued by TSIIC to the Preferred Bidder by fax or e-mail confirmed by a letter.
8.3 FULFILMENT OF LOI CONDITIONS
The Preferred Bidder needs to fulfil the following LoI conditions that are pre-conditions
for agreement signing.
8.3.1 Submission of Construction Performance Security as specified in the Bid
Summary of the RFP within 30 days from the date of issue of LoI
8.3.2 Payment of Rs. 20,00,000/- (Rupees Twenty Lakhs only) as Demand Draft
towards Non-refundable and irrevocable Project Development Fee for the Project
within 30 days from the date of issue of LoI
8.3.3 If the Preferred Bidder fails to fulfil the above conditions within the stipulated
period, TSIIC will have a right to reject the Bid by forfeiting the Bid Security of
the Preferred Bidder and consider the offer to other Bidders as per the clause 7.8
of Volume I of this RFP. The decision of TSIIC in this regard is final and binding.
8.4 SIGNING OF CONCESSION AGREEMENT
8.4.1 The Preferred Bidder shall sign the Concession Agreement with TSIIC within 30
days of issue of LoI upon fulfilling the requirements mentioned as above.
8.4.2 If the Preferred Bidder fails to sign the Concession Agreement with TSIIC, the Bid
Security of the Preferred Bidder shall be liable to be forfeited. In that event,
TSIIC shall have right to award the Project to other Bidder as per clause 7.8,
Volume I of this RFP and sign the Concession Agreement accordingly.
8.4.3 TSIIC shall release the Bid Security to the Preferred Bidder only upon signing of
the Concession Agreement with TSIIC or TSIIC may consider adjustment of the
same towards any payments to be made by the Preferred Bidder as a pre
condition for signing of the Concession Agreement.
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8.5 Miscellaneous
8.5.1 The Bidding Process and this RFP shall be governed by, and construed in
accordance with, the laws of India and the Courts at Hyderabad shall have
exclusive jurisdiction over all disputes arising under, pursuant to and/ or in
connection with the Bidding Process.
8.5.2 TSIIC, in its sole discretion and without incurring any obligation or liability,
reserves the right, at any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or
supplement the Bidding Process or modify the dates or other terms and
conditions relating thereto;
(b) consult with any Bidder in order to receive clarification or further
information;
(c) retain any information and/ or evidence submitted to TSIIC by, on behalf
of, and/ or in relation to any Bidder;
(d) Independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or on behalf of
any Bidder;
(e) supplement/ modify/ amend/ alter the terms of the grant of Concession
pursuant to this RFP, or the technical/ financial or any other parameter for
selection or evaluation of the Bidders or any terms and conditions of this RFP.
8.5.3 In order to afford the Bidders a reasonable time for taking an Addendum /
supplement / modification etc. into account, or for any other reason, TSIIC may, at
its own discretion, extend the Due Date and time of Bid submission.
8.5.4 It shall be deemed that by submitting the Bid, the Bidder agrees and releases
TSIIC its employees, agents, officers, consultants and advisers, irrevocably,
unconditionally, fully and finally from any and all liability for claims, losses,
damages, costs, expenses or liabilities in any way related to or arising from the
exercise of any rights and/ or performance of any obligations hereunder, pursuant
hereto and/ or in connection with the Bidding Process and waives, to the fullest
extent permitted by applicable laws, any and all rights and/or claims it may have in
this respect, whether actual or contingent, whether present or in future.
8.5.5 The Bidding documents are to be taken as mutually explanatory, unless otherwise
expressly provided elsewhere in this RFP.