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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 6 TH FLOOR, PARISRAMA BHAVAN, FATEH MAIDAN ROAD, BASHEERBAGH, HYDERABAD, TELANGANA 500004 PHONE No- 040-23237625 WWW.TSIIC.TELANGANA.GOV.IN March 2020

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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

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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

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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)

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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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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

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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.

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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

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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.

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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

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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"

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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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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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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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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.