RFP for O&M of Engineering College on PPP.docx

7/27/2019 RFP for O&M of Engineering College on PPP.docx

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Upgradation, Operation & Maintenance of Engineering Colleges and Polytechnic Institutions

Department of Science & Technology Volume I Instructions to Bidders

2

REQUEST FOR PROPOSAL

Selection of Operator for

Engineering Colleges and Polytechnics

Bid Due Date:

Issued by:

Secretary

Department of Science & Technology,Government of Jharkhand

Tel No. +91 651 --------------------------------

Fax: +91 651 ------------------------------------


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CONTENTS

Volume I: Request for Qualification

SECTION: 1 Introduction

SECTION: 2 Instructions To Bidders

SECTION: 3 Criteria for Evaluation of Bids

SECTION: 4 Fraud And Corrupt Practices

SECTION: 5 Pre-Bid Conference

SECTION: 6 Miscellaneous

Annexures

Annexure I Letter Comprising the Bid

Annexure II Checklist

Annexure III Details of Bidder

Annexure IV Technical Capacity of Bidder

Annexure V Financial Capacity of the Bidder

Annexure VI Statement of Legal Capacity

Annexure VII Power of Attorney for signing of Bid

Annexure VIII Litigation History

Annexure IX Site Map

Annexure X Project Facility Plan

Annexure XI

Annexure XII

Annexure XIII

Annexure XIV Format for Financial Bid

Volume 2 Draft Concession Agreement


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DISCLAIMER

1. The information contained in this Request for Proposal document (the RFP) or

subsequently provided to Bidder(s), whether verbally or in documentary or in any other

form by or on behalf of Department of Science & Technology (referred as DST) or any

of its employees or advisors, is provided to the 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 document contains brief information about the upgradation, operation &

maintenance of Engineering Colleges and Polytechnic Institutions by the successful

bidder selected through the competitive bidding process, qualification requirements and

the selection process for the successful bidder. The purpose of this RFP Document is to

provide Bidders with information that may be useful to them in the formulation of their bid

and for no other purpose.

3. This RFP is not an agreement and is neither an offer nor invitation by DST to the

prospective Bidders or any other person but is merely informatory in nature creating noobligation whatsoever. The terms on which the Project is to be developed and the right of

the successful Bidder/applicant shall be as set out in separate definitive agreement to be

entered into by the concerned parties later .The purpose of the RFP is to provide

interested parties with information that may be useful to them in making their proposal

including financial offers (the Bid) pursuant to this RFP. This RFP includes statements,

which reflect various assumptions and assessments arrived at by DST in relation to the

Project. Such assumptions, assessments and statements do not purport to contain the

information that each Bidder may require. This RFP may not be appropriate for all

persons, and it is not possible for DST, its employees or advisors to consider the

investment objectives, financial situation and particular needs of each party who reads or

uses this RFP. The assumptions, assessments, statements and information contained in

this RFP, may not be complete, accurate, adequate or correct. Each Bidder should,

therefore, conduct its own investigations and analysis and should check the accuracy,adequacy, correctness, reliability and completeness of the assumptions, assessments,

statements and information contained in this RFP and obtain independent advice from

appropriate sources. This RFP is being made available by DST to the interested parties

on the terms set out in this RFP. 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.

4. Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of

which depends upon interpretation of law. The information given is not an exhaustive

account of statutory requirements and should not be regarded as complete or

authoritative statement of law. DST, its employees and advisors accepts no responsibilityfor the accuracy or otherwise for any interpretation or opinion on law expressed herein.

5. Neither the information in this RFP nor any other written or oral information in relation to

the selection process of the Bidder 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.


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6. DST, its employees and advisors make no representation or warranty and shall have no

liability to any person, including any Bidder under any 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 anythingcontained 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 in

relation to the bidding process.

7. DST, its employees and advisors also 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.

8. DST may in its absolute discretion, but without being under any obligation to do so,

update, amend or supplement the information, statement, assessment or assumptions

contained in this RFP.

9. Intimation of discrepancies in the RFP document, if any, should be given to the office ofthe DST immediately by the bidder. If no written communication is received by DST, it

shall be deemed that the Bidders/applicants are satisfied that the RFP document is

complete in all respects.

10. The issuance of this RFP does not in any way imply that DST is bound to select a Bidder

or to appoint the Preferred Bidder for the Project.. DST reserves the right,in its sole

discretion, to accept or reject any or all of the bidders or bids without assigning any

reasons thereof..

11. The Bidder shall bear all its costs associated with or relating to the preparation and

submission of its Bid including but not limited to preparing, copying, postage, delivery

fees, expenses associated with any demonstrations or presentations which may be

required by DST or any other costs incurred in connection with or relating to its Bid. All

such costs and expenses will remain with the Bidder and DST shall not be liable in anymanner whatsoever for the same or for any other costs or expenses incurred by any

Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of

the bidding process.

12. Nothing in this RFP shall constitute the basis of a contract which may be concluded in

relation to the Project nor shall such documentation/information be used in construing any

such contract. Each Bidder must rely on the terms and conditions contained in any

contract, when, and if, finally executed, subject to such limitations and restrictions which

may be specified in such contract.

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 of DST or to any other person in a position to influence the decision ofthe DST for showing any favour in relation to this RFP or any other contract, shall render

the Bidder to such liability/penalty as the DST 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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Definitions, Interpretations & Abbreviations

Academic Session shall mean the start of the academic activities of the Institute in a

particular month of a year and shall not exceed the period as stipulated for an Institute by the

respective Statutory Authority;

Academic Related Activities shall mean the meaning specified in clause 1.1.19 of this RFP

AICTE shall mean All India Council for Technical Education;

Applicable Approvals shall mean all approvals, affiliations, clearances, consents, permissions,licenses, authorizations, no objection certificates, exemptions, recognitions required to be obtainedfrom the Statutory Authorities prior to commencement of operations of the Institutes under the

Applicable Laws;

Applicable Laws shall mean all laws, brought into force and effect by the Government of India orGovernment of Jharkhand including rules, regulations, circulars, guidelines, policy initiatives andnotifications made there under and judgments, decrees, injections, writs and orders of any court,applicable to this Project and the exercise, performance and discharge of the respective rights andobligations of the respective parties hereunder as may be enforced and are in effect during thesubsisting of this Project;

Assets shall mean all movable and immovable property;

Associate shall mean in relation to the Applicant/ Consortium member, a Person who controls, iscontrolled by, or is under the common control with such Bidder/ Consortium member;

Authorised Signatory shall mean the Person authorised by the Bidder for signing and submissionof the Bid for this Project;

Bidshall mean the response to the RFP dated , submitted by the Bidder on or beforethe Due Date of Submission;

Bidder(s)shall mean Person who has submitted his Bid in response to the RFP;

Bid Process or Bidding Process shall mean the process adopted by the Department of Science &Technology (DST), Government of Jharkhand (GoJ) for selection of the Successful Bidder for thisProject;

Bidding Documents shall mean the Volume I,II & III of this RFP which shall include the Instructionto Bidders, Draft Concession Agreement and Brief details of the Institutes respectively

Bid Evaluation shall mean evaluation of Bids submitted by Bidders as per the terms of this RFP forimplementing the Project;

Bid Evaluation Committee shall mean the committee constituted by the DST, GoJ for this Projectfor evaluation of the Bids received and for selection of the Successful Bidder;

Bid Security shall mean the security furnished by the Bidder in the form of a Demand Draft, asstipulated in Volume 1 clause 1.16 of this RFP;

Bid Summary shall mean an overview of the Bid Process.


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Bidder(s) shall mean Company/ Trust/ Society/ Consortium as defined in Volume I Clause 1.1.10who has submitted his Bid in response to the RFP;

Completion & Operations Date or COD shall mean the date on which the DST, GoJ

issues to the Concessionaire a Operation Commencement Certificate, and such

Operation Commencement Certificate shall be issued by DST, GoJ upon the Concessionaire

obtaining and submitting with the DS T , GoJ a certificate confirming that the Upgradation

Work has been completed;

Concessionshall mean the exclusive right, authority and authorization to use the Project Site

and Building for Upgradation, Operation, Maintenance and Management at a nominal

Concession Fee during the Concession Period;

Concession Agreement shall mean this agreement between the DST, Concessionaire and

Consortium as the confirming party, for implementation of the Project on the terms and

conditions agreed hereunder;

Concessionaire shall mean a Trust/Society validly established under the laws of India formed bythe Successful Bidder (s) for implementation of the Project;

Control shall mean the ownership, directly or indirectly, of more than 51% (fifty one per cent) of thevoting 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, whether by operation of law or bycontract or otherwise;

Due Date of Submission shall mean the date for submission of Bid in accordance with the VolumeI, Clause 1.3 of this RFP;

Effective Date shall mean the date on which the Conditions Precedent in the ConcessionAgreement have been satisfied or waived according to the terms thereof;

Good Industry Practice shall mean the recognized best practice methods and standards, to befollowed by the Concessionaire on any particular issue, requirements or in discharging hisobligations here under;

GoJ shall mean Government of Jharkhand;

Institutes shall mean the following Polytechnics and Engineering Colleges offered by DST, GoJ forUpgradation, Operation, Maintenance and Management under the PPP mode as per the terms ofthis RFP;

a) Engineering College at Ramgarh;

b) Engineering College at Chaibasa;

c) Engineering College & Polytechnic Institute (Old) at Dumka;

d) Polytechnic Institute at Silli

Lead Member shall mean a Company, Society or Trust identified as the Lead Member by the othermembers of the Consortium at the time of submission of Bid and undertaking to maintain at least 51%of voting rights/ stake as Lead Member in the Trust/ Society to be established for undertaking theProject;

Comment [A1]: What about the manpower


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Letter of Acceptance or LoA shall mean a letter intimating the acceptance by the SuccessfulBidder to DST, GoJ for implementing the Project in response to the LoI;

Letter of Intent or LoI shall mean the letter issued by the DST, GoJ to the Successful Bidderintimating its intent to award the Project to him;

Provisional Permissionshall mean permission granted by DST, GoJ to the Concessionaire to startcourses in the Institutes prior to COD upon satisfying the conditions specified in the Concession

Agreement;

Qualified Bidder shall mean the Bidders who have been qualified for opening of the Financial Bidas per the terms of this RFP

Statutory Authority shall mean empowered organizations, Government instrumentalities involvedin approval, recognition of courses, programmes offered in the Institutes and shall include AICTE,DGET, Etc;

Success Fee shall mean fee payable to the Project Consultants upon signing of the ConcessionAgreements of the Project by the Concessionaire as specified in Clause 5.7.

Successful Bidder shall mean the Bidder whose Bid is selected by the Bid Evaluation Committeebased on the Bid evaluation parameters specified in this RFP;

Technical Capacity shall have the meaning ascribed to it in clause 1.21.2


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SECTION - 1: INTRODUCTION

1.1 BACKGROUND

1.1.2 Department of Science & Technology (Hereinafter referred to as DST/ Authority),

Government of Jharkhand is responsible for the governance and establishment of

technical institutes for imparting quality technical education leading to the award of

diploma, degree, post graduate and Ph. D. in engineering, management, pharmacy, and

computer applications etc.

1.1.3 DST is also responsible for the conduct of research in different fields of engineering. DST

is now actively working on capacity building with larger perspective and undertaking

initiatives for establishment of new technical institutions such as Engineering Colleges,

Polytechnics and Centers for Advanced Studies.

1.1.4 Towards the same, DST is making substantial investments in the development ofinstitutional infrastructure in the state and envisioned to encompass Private Sector

Participation (PSP) in providing quality technical education in the State.

1.1.5 In its drive to create quality technical education infrastructure in the state, DST has

created several polytechnics and Engineering Colleges in the state and is now intend to

select a suitable PSP for Upgradation, Operation, Maintenance and Management of the

following new/ old Institutions:

a) New Engineering College at Ramgarh;

b) New Engineering College at Chaibasa;

c) New Engineering College

d) New Polytechnic Institute at Silli

e) Old Polytechnic Institute at Dumka;

1.1.6 The above institutes were created with substantial capital investment. Construction of the

building infrastructure for new institutes is completed by DST. Details of each of the

Engineering Colleges and Polytechnic Institutions are enclosed as Volume III of the RFP

Document. .

1.1.7 DST now wishes to have Private Sector Participation who can take up Up-gradation,

Operation & Maintenance and Management of the above mentioned Engineering &

Polytechnic Colleges on PPP mode (Herein after referred to as the Project/(s)) in line

with the AICTE norms.

1.1.8 DST intends select a suitable Private Sector Operator for each of the Engineering &

Polytechnic Colleges through transparent and competitive bidding process. The Authority

invites sealed Bids comprising Technical Bid and Price Bid from interested Applicants/

Bidder for Up-gradation, Operation & Maintenance and Management of the proposed

Project. The PSP shall be handed over the possession of the Institute/ (s) on as-is-where-

is basis along with the Lease rights in respect thereof for Up-gradation, Operation &

Maintenance and Management of the Project Facility for a period of 30 years from the

date of execution of the Concession/ Concession Agreement.

1.1.9 The scope of work for the Project/(s) shall broadly include:

Comment [A2]: What about the manpower


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a) Up-gradation, Operation & Maintenance and Management of the Project as per the

AICTE Norms and good industry practicesConcession

1.1.10 The possession of the Project Facility along with that of movable & immovable property

thereon will be handed over to the Preferred Bidder in the manner and within the period

specified in the Concession Agreement on an as-is-where-is basis.

1.1.11 Eligible Entity for the purpose of Selection shall be company formed under the

Companies Act 1956 or Trust or Society formed under the Laws of India. A consortium of

maximum of two Entity are eligible to participate. Upon selection, the Selected Bidder to

form an independent society or Trust to be established under the Laws of India within 15

days of issuance of LoI and the same shall be the Concessionaire for Up-gradation,

Operation & Maintenance and Management of the Institute (Project)

1.1.12 The Concession Agreement (hereinafter referred to as the Concession Agreement) to

be entered into between DST and the Concessionaire is enclosed as a part of the Bid

document. The draft Concession Agreement, enclosed as Volume 2 hereof, sets forth the

detailed terms and conditions for grant of Concession to the Concessionnaire, includingthe scope of the Concessionnaires services and obligations (the Concession).

1.1.13 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 in any manner the scope of services

and obligations of the Concessionnaire set forth in the Concession Agreement or the

Authoritys 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 the Authority.

1.1.14 Specific Information

a) The Concessionaire shall Upgrade, Operate & Maintain and Manage the institute/(s)(Project) in line with the AICTE requirements, terms of the Concession Agreement and

Good Industry Practices. The Authority shall provide the Concessionaire the Project

Facility along with all movable & immovable property thereon in the manner and within

the period specified in the Concession Agreement on an as-is-where-is basis. .

b) Subject to compliance of Applicable Approvals by the Concessionaire, the Authority, upon

satisfaction of the conditions by the Concessionaire, shall facilitate, the process of seeking

all Applicable Approvals in fast track manner for the courses that will be offered and

introduced in the Institutes. The Concessionaire shall also have the right to carry on

Academic Related Activities within the campus of the Institutes.

1.1.15 Additional Information

a) The Concessionaire has to follow the following student intake plan (Minimum

Development Obligation)

I. Polytechnic Institutes: The Concessionaire shall have to run at least 5 branch

with minimum student intake shall not be less than 60 in each branch through

out the Concession Period.


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II. Engineering College: The Concessionaire shall have to run at least 5 branch

(Undergraduate Programmes) with minimum student intake shall not be less

than 60 in each branch through out the Concession Period.

b) The Concessionaire shall have the freedom to choose courses of its own choice.

c) The Concessionaire, will be allowed to conduct courses for the industry sponsored

students/ employees, in-service programmes, with the objective to optimize the utilization

of resources in a manner that the approved courses are not adversely affected. However,

the Concessionaire will be allowed diversification limited to technical education and

technical education related activities such as industry interaction cells, sponsored

consultancy, incubation centre, training related workshops and such other technical

education related activities

d) The Concessionaire will be allowed flexibility in deciding the courses, with dynamic and/or

industry related curriculum..

e) Further, the Concessionaire will be allowed to design such new courses which are not

listed under any Statutory Authority provided that such new courses are legallypermissible and, the Concessionaire is able to satisfy the Authority on the justification of

such new courses. In such case, the Authority at its own discretion may grant approval.

f) Notwithstanding anything contrary contained in the Draft Concession Agreement, the

Concessionaire may start the courses in the Institutes after taking Provisional Permission

from the Authority. This Provisional Permission shall be valid for a period of one year from

the date of obtaining of the Provisional Permission. The Concessionaire shall achieve

COD within a period of one year from the date of obtaining the Provisional Permission.

However, the Provisional Permission certificate shall not be valid beyond the COD as per

the terms of the Concession Agreement;

g) The student teacher ratio and other non teaching staff shall be as per AICTE/ UGC

norms.

h) The faculty cadre pay scale shall be the pay scales as recommended by AICTE/ UGC

1.1.16 Academic Fees

a) Academic Fee and revision of academic fees for the Institutes shall be determined by the

Fee Fixation Committee, Government of Jharkhand or an Alternate Instrumentality as may

be finalised by the Authority.

b) Academic Fees shall remain the same for all category of students i.e. Students from

Jharkhand, Students from other States and Management quota students.

c) Academic Fees for NRI Students: The "Fees and "Development Fees" to be charged

from the NRl students shall be as per the ceiling fixed by the duly Fee Fixation

Commiteee, GoJ or the National Fee Fixation Committee, whichever is applicable.

1.1.17 Admission of Students

a) Students seeking admission to the Institutes will be enrolled through the Joint Entrance

Examination Council (JEEC) of the GoJ or the GOI, which conducts examination at the

state/India level for pursuing studies for degree, diploma and certificate level courses, as

applicable and/or modified from time to time. The reservation norms and prevailing

policies of the GoJ and GOI shall be followed and applied for admissions/ enrollment of

such students.


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b) Following norms shall apply for admission:

I. Polytechnic

a. Domicile of Jharkhand: 80%

b. Management quota/ NRI Quota: 20%

II. Engineering College:

a. Domicile of Jharkhand: 80%

b. Students of other States: 10%

c. Management quota/ NRI Quota: 10%

c) For the purpose of admission, the definition of NRI student shall be as per the

notification no F No. 26-7/Legal/2002 dated 24.04.2002 (AICTE (Admission under

Non Resident Indian (NRI) Foreign National (FN)/Persons of Indian Origin (PIOs)

Category/Quota in AICTE approved institutions/Regulation, 2002) and notification

no F. No. 26-7/ Legal/2002 dated 15.07.2002 (Amendment to AICTE (admissionunder Non-Resident Indian (NRI) Foreign Nationals(F)/ Persons of Indian Origin

(PIOs) Category/Quota in AICTE approved institutions) Regulations, 2002)

1.1.18 Examination

a) The Concessionaire shall conduct the examinations as per the policy of the GoJ and GoJ

shall facilitate such examinations from time to time

1.1.19 Permission to Franchisee

a) With regard to Polytechnic Colleges, the Concessionaire may operate the Institutes on his

own or through Franchisees subject to clause 1.1.18 (b) below provided that such

Franchisee meets the standards, academic quality, teaching standards obligated by the

Concessionaire. However, such Franchisee shall only be for the purpose of administrative

convenience and will not be an assignee of the Concessionaire.. Obligation ofestablishment and construction of the Institutes will be the primary responsibility of the

Concessionaire and shall not be transferred to the Franchisee. The Concessionaire shall

always be obligated to the Authority for performance of the obligations under the

Concession Agreement. In any circumstances, the Concessionaire cannot run the

engineering colleges through Franchisee.

b) Specifically, the following criteria must be met during the selection of the Franchisee by

the Concessionaire:

Entity having experience in running at least 2 institute of technical nature (Diploma/

Degree only) with atleast one of them being accredited from NACC or NBA with

consolidated strength of 2000 students in the preceding 6 years. The financial strength of

such franchisee shall be as follows:

Turnover: Average Turnover for the last 3 years shall not be less than Rs 20 crores

Networth: Networth as on the last year financial shall not be less than Rs 10 crores

1.1.20 Academic Related Activities

a) The surplus land / infrastructure available in the campuses of Institutes, if any, may be

used for technical education related activities, which shall include but not be limited to


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industry-interaction, industry incubation, training related workshops, book store etc. which

will add revenue sources for the Institute.

b) However, the revenue so generated shall be ploughed back for operations of the Institute

by the Concessionaire. The Concessionaire shall, by giving three month prior intimation to

the Authority, open and conduct any education related activities in the campus premises

of the Institutes provided that such education related activities are legally permissible and

satisfy all the Applicable Laws and that the Concessionaire has obtained the necessary

approvals, permissions and licenses under the Applicable Laws to operate such education

related activities.

c) If during the period of three month, the Authority, by giving sufficient reason, objects

to such technical education related activities, the Concessionaire shall be bound to

carry out such modifications, alterations, changes suggested by the Authority or stop

such education related activities, as per the instructions of the the Authority. During

the said one month period, the Concessionaire shall carry discussions with the

Department of Science & Technology, GoJ and put forth its case and justify

introduction of such technical education related activity in the campus premises ofInstitutes. Such discussions shall happen for a time period of 6 (Six) months. If at the

end of such 6 (Six) month period, the Authority does not grant permission to carry the

concerned technical education related activity, the Concessionaire shall be bound to

carry out such modifications, alterations, changes if any, suggested by the Authority

or stop such technical education related activities, on the instructions of the Authority

and the decision of the the Authority shall be final and biding on the Concessionaire.

1.1.21 End of Concession Period

a) For the details with regard to the Concession Period and the events that shall follow at

the end of the same, please refer clause --- of this RFP

1.1.22 The Authority shall receive Bids pursuant to this RFP in accordance with the terms and

conditions set forth herein and other documents as provided by the Authority pursuant to

this RFP and as modified, altered, amended and clarified from time to time by the

Authority (collectively the "Bidding Documents"),. All the Bids shall be prepared and

submitted in accordance with such prescribed terms and conditions on or before the date

specified in clause 1.3 of this RFP for submission of Bids (the Bid Due Date)

1.1.23 The Bidder shall pay an amount equivalent to Rs 20,000/ (Rs Twenty thousand only) to

the Authority by way of a demand draft in favor of Director Department of Scienc e &

Technology, Government of Jharkhanddrawn on a Scheduled Commercial Bank, and

payable at Ranchi towards processing fee. The said draft shall be submitted by the

Bidder along with submission of the Proposal.

1.1.24 In order to assist DST to carry out the Bidding Process, Jharkhand Infrastructure

Development Corporation Limited (JINFRA), a Joint Venture company of Jharkhand

Industrial Infrastructure Development Corporation Limited, Government of Jharkhand and

IL&FS Trust Company Limited IL&FS IIDC Fund have been appointed by DST to act as

the Project advisors to undertake the Project development activities inter-alia including

preparation of bid documents and selection of the preferred bidder in terms hereof.

1.2 Brief description of the Bidding Process


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1.2.1 DST invites sealed Technical Bid and Price Bids from interested bidders for upgradation,

operation and maintenance of the Project Facility. The Authority has adopted a single-

stage process (referred to as the "Bidding Process") for selection of the Preferred Bidder

for undertaking the Project in terms hereof.. The Technical Bid to be submitted bybidders shall comprise Technical and Financial Capability documents and other

requirements like power of attorney. The Financial Bids of only those bidders who

qualify in the Technical Bid evaluation shall be opened for selecting the Preferred Bidder

The Technical Bid would be evaluated based on the criteria set forth in Clause 2.2 of the

RFP. Only those Bidders, whose Technical Bids qualify in terms hereof will be eligible

for opening and evaluation of their Price Bids.

1.2.2 This RFP document contains information about the Project, Bidding Process, Bid

submission, Qualification and Financial Proposal requirements.

1.2.3 The Bid shall be valid for a period of not less than 120 days from the Bid Due Date..

1.2.4 A Bidder is required to deposit, along with its Bid, a bid security equivalent to an amount

of Rs. 30 Lakh only (Rupees Thirty Lakhs only) for each of the Engineering College andRs 20 lakhs (Rupees Twenty Lakhs) for each of the Polytechnic. The Bid Security shall

be refundable to unsuccessful bidders not later than 180 (one hundred and eighty) days

from the Bid Due Date except in the case of the Preferred Bidder whose Bid Security

shall be retained till it has provided the Performance Security under the

ConcessionConcession Agreement. The Bidders will provide Bid Security in the form of

a demand draft drawn on any Nationalized/Scheduled Bank, as more particularly

provided under clause 2.15 acceptable to the Authority. The Bid shall be summarily

rejected if it is not accompanied by the Bid Security.

1.2.5 The Bidder scoring the highest aggregate marks (sum total of marks scored in respect of

the Technical and Financial Bid) in terms of section 3 of this RFP shall be the Preferred

Bidder/Highest Bidder. The other bidders will be kept in reserve and may, in accordance

with the process specified in the RFP, be invited to match the bid submitted by the

Preferred Bidder in a case where the Preferred Bidder withdraws or is not selected for

any reason. If none of the bidders match the bid of the Preferred Bidder, DST may, in its

sole discretion, invite fresh bids from all bidders or annul the bidding process, as the

case may be.

1.2.6 The Selected Bidder to form an independent society or Trust to be established under the

Laws of India to be registered in the State of Jharkhand within 15 days of issuance of

LoI and the same shall be the Concessionaire for Upgradation, Operation &

Maintenance of the Institute/ (s). A Concession Concession Agreement will be entered

between the Authority and the Concessionaire incorporated by the Preferred Bidder for

undertaking the Project. The Bidding Documents includes the draft

ConcessionConcession Agreement for the Project as Volume 2. Subject to the

provisions of Clause 2.8.3, the aforesaid documents and any addenda issued

subsequent to this RFP Document, but before the Bid Due Date, will be deemed to formpart of the Bidding Documents.

1.2.7 Any award of Concession pursuant to the Bidding Process shall be subject to the terms

and conditions of Bidding Documents..

1.2.8 Any queries or request for additional information concerning this RFP shall be submitted

in writing or by fax and e-mail to the officers designated in Clause 2.11.3. The


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envelopes/ communication shall clearly bear the following identification/ title:

"Queries/Request for Additional Information: RFP for Upgradation,

Operation & Maintenance of . (Name of the

Institution/(s)".

1.3 Schedule of Bidding Process

DST shall endeavor to adhere to the following bidding schedule:

Sl No Event Description Estimated Date

1 Issue of Bid Documents

2 Last date for receiving queries

3 Pre Bid Meeting

4 DSTs response to queries latest by

5 Bid Due Date

6 Opening of Technical Bids

7 Opening of Financial Bid

8 Issuance of LoI

9 Signing of Agreement


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SECTION 2. INSTRUCTIONS TO BIDDERS

A. GENERAL

2.1 General Terms of Bidding

2.1.1 A Bidder is eligible to submit bid for maximum of two engineering college and two

polytechnic college only. A Bidder is eligible to submit only one Bid for one institution. A

Bidder bidding individually or as a member of a Consortium shall not be entitled to submit

another bid either individually or as a member of any other Consortium, as the case may

be while bidding for the same Institution.

2.1.2 Notwithstanding anything to the contrary contained in this RFP, the detailed terms of the

draft Concession Agreement shall have overriding effect and shall prevail over the terms

of this RFP to the extent of any repugnancy between them; provided, however, that any

conditions or obligations imposed on the Bidder hereunder shall continue to have effect in

addition to its obligations under the draft Concession Agreement.

2.1.3 The Financial Bid shall be furnished in the format at Annexure XIV In the event of any

difference between figures and words, the amount indicated in words shall be taken into

account.

2.1.4 The Bidder shall deposit a Bid Security for each of the Institutions in accordance with the

provisions of this RFP. The Bidder shall provide the Bid Security as per the form specified

in clause 2.15 of this RFP.

2.1.5 The Bidder shall submit a copy of the RFP document, along with any amendments, duly

stamped and signed by its authorized signatory. The Bidder shall submit a Power of

Attorney as per the format at Annexure VII, authorizing the signatory of the Bid to commit

the Bidder.

2.1.6 In case the Bidder is a Consortium, the Members thereof shall furnish a Power of

Attorney in favour of the Lead Member in the format at Annexure VIII

2.1.7 Any entity which has been barred by the [Central/ State Government, or any entity

controlled by it,] from participating in any project (BOT or otherwise), and the bar subsists

as on the date of bidding, would not be eligible to submit a Bid. A Bidder including any

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.

2.1.8 Any condition or qualification or any other stipulation contained in the Bid shall render the

Bid liable to rejection as a non-responsive Bid.

2.1.9 The Bid and all communications in relation to or concerning the Bidding Documents and

the Bid shall be in English language.

2.1.10 The Bidding Documents including this RFP and all attached documents are and shall

remain the property of the Authority and are transmitted to the Bidders solely for the

purpose of preparation and the submission of a Bid in accordance herewith. Bidders are

to treat all information as strictly confidential and shall not use it for any purpose other

than for preparation and submission of their Bid. The provisions of this Clause 2.1.9 shall


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also apply mutatis mutandis to Bids and all other documents submitted by the Bidders,

and the Authority will not return to Bidders any Bid or any information provided along

therewith.

2.1.11 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, Authority shall forfeit and appropriate the Bid Security or

Performance Security (in case of Preferred bidder, after the Project is awarded to him) ,

as the case may be, as mutually agreed genuine pre-estimated loss and damage likely to

be suffered and incurred by the Authority and not by way of penalty for, inter alia, the

time, cost and effort of Authority, including consideration of such Bidders proposal,

without prejudice to any other right or remedy that may be available to the Authority

hereunder or/and the Concession Agreement or otherwise. Without limiting the generality

of the above, a Bidder shall be considered to have a Conflict of Interest that affects the

Bidding Process, if:

(i) the Bidder, its Member or Associate (or any constituent thereof) and any other

Bidder, its Member or any Associate thereof (or any constituent 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, its Member 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, Member or Associate, as the case may

be) in the other Bidder, its Member 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. For the purposes of this Clause 2.1.15 indirect

shareholding held through one or more intermediate persons shall be computed

as follows: (aa) 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; and (bb) subject always to sub-clause (aa) 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 proportionate basis; provided,

however, that no such shareholding shall be reckoned under this sub-clause (bb)

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) a constituent of such Bidder is also a constituent of another Bidder; or

(iii) such Bidder or any Associate thereof receives or has received any direct orindirect subsidy, grant, concessional loan or subordinated debt from any other

Bidder, its Member or Associate, or has provided any such subsidy, grant,

concessional loan or subordinated debt to any other Bidder, its Member or any

Associate thereof; or

(iv) such Bidder has the same legal representative for purposes of this Bid as any

other Bidder; or


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(v) such Bidder or any Associate thereof has a relationship with another Bidder, or

any Associate thereof, directly or through common third parties, that puts them in

a position to have access to each others information about, or to influence the Bid

of either or each of the other Bidder; or

(vi) such Bidder has participated as a consultant to Authority in the preparation of any

documents, design or technical specifications of the Project.

For purposes of this RFP, Associate means, in relation to the Bidder, a person whocontrols, is controlled by, or is under the common control with such Bidder (theAssociate). As used in this definition, the expression control means, with respect to aperson which is a company or corporation, the ownership, directly or indirectly, of morethan 50% (fifty per cent) of the voting shares of such person, and with respect to a personwhich is not a company or corporation, the power to direct the management and policiesof such person by operation of law.

2.1.12 A Bidder shall be liable for disqualification and forfeiture of Bid Security if any legal,

financial or technical adviser of the Authority in relation to the Project is engaged by the

Bidder in any manner for matters related to or incidental therewith to such Project during

the Bidding Process or subsequent to the (i) issue of the LOI or (ii) execution of the

Concession Agreement. In the event any such adviser is engaged by the Preferred

Bidder or Concessionnaire, as the case may be, after issue of the LOI or execution of the

Concession Agreement for matters related or incidental to the Project, then

notwithstanding anything to the contrary contained herein or in the LOI or the Concession

Agreement and without prejudice to any other right or remedy of the Authority, including

the forfeiture and appropriation of the Bid Security or Performance Security, as the case

may be, which the Authority may have there under or otherwise, the LOI or the

Concession Agreement, as the case may be, shall be liable to be terminated without the

Authority being liable in any manner whatsoever to the Preferred Bidder or

Concessionnaire for the same. For the avoidance of doubt, this disqualification shall not

apply where such adviser was engaged by the Bidder, its Member or Associate in the

past but its assignment expired or was terminated 6 (six) months prior to the date of issueof RFP for the Project. Nor will this disqualification apply where such adviser is engaged

after a period of 3 (three) years from the date of commercial operation of the Project.

2.1.13 This RFP is non- transferable.

2.1.14 Any award of contract pursuant to this RFP shall be subject to the terms of Bidding

Documents.

2.1.15. The Preferred Bidder for each of the institutions would be required to make a non-

refundable, irrevocable payment equivalent to an amount of Rs Twenty Lakhs (Rupees

Ten Lakhs) plus applicable taxes, as Project Development Fee by way of demand draft in

favour of Jharkhand Infrastructure Development Corporation Limited, payable at Ranchi,

before the signing of the Concession Agreement between the Concessionaire and the

Authority or within 15 days from the date of issuance of Letter of Intent by the Authority,

whichever is earlier

2.2 Eligibility of Bidders

22..22..11 Eligible entity for the purpose of Selection shall be company formed under the Companies

Act 1956 or Trust or Society formed under the Laws of India. A consortium of maximum of

two entity are eligible to participate..

2.2.2 The Bidder shall provide all the information sought under this RFP in the two envelope


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format. The Authority will evaluate only those Financial Bids that conform to the

requirement of first envelope (Technical Bid) and that are received in the required formats

complete in all respects. The Bidder shall submit the Bid in two separate envelopes

marked as Technical Bid and Financial Bid respectively. The two envelopes marked asTechnical Bid and Financial Bid respectively, shall be placed inside the outer envelope

marked in terms hereof.

Qualification Criteria:

Engineering College - Qualification will be based on Bidders meeting qualification

criteria under any of the following two options

a) Option High Networth Criteria: Networth of the Bidding Entity shall

not be less than Rs 200 crore

or

b) Option II: Technical Capability Criteria

i. Entity having experience in running at least 5 institute of technicalnature (Diploma/ Degree only) duly approved by AICTE

ii. Out of the 5 institute as mentioned in point (i) above, at least one

institute shall be a Degree Institute.

iii. Out of the 5 institute as mentioned in point (i) above, atleast one of

them being accredited from NACC or NBA.

iv. The total strength (student intake) of the five institute as mentioned

in point (i) above shall not be less than of 5000 students in the

preceding 6 years from 31st

March 2011, anywhere in India.

v. The Bidding Entity shall have an average annual turnover of not

less than Rs 50 crores in the preceeding three years of the Bid Due

Date.

Polytechnic College - Qualification will be based on Bidders meeting qualification

criteria under any of the following two options

a) Option IHigh Networth Criteria: Networth of the Bidding Entity

shall not be less than Rs 150 crore

or

b) Option II: Technical Capability Criteria - Entity having

experience in running at least 3 institute of technical nature

(Diploma/ Degree only) with atleast one of them being

accredited from NACC or NBA with consolidated strength of

3000 students in the preceding 6 years from 31st

March 2011,

anywhere in India having an average annual turnover of not lessthan Rs 30 crores.

In case an institutions being run by a consortium by two or more firms, weightage towards

experience in the project would be given to the consortium members in proportion to their

participation in the Consortium.


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In case of Consortium, the lead member shall alone fulfill at least 50% of the networth &

Turnover criteria, with the Consortium together meeting the overall networth/ Turnover

criterion as the case may be.

The Bidder shall enclose with its Bid certificate(s) from its statutory auditors specifying the

net worth of the Bidder, as at the close of the preceding financial year, and also

specifying that the methodology adopted for calculating such net worth conforms to the

provisions of this Clause 2.2.2 of the RFP. For the purposes of this RFP, Net Worth shall

mean:

a) In case of a Society/ Trust: The Corpus/ Trust Fund and Free Reserves but shall not

include any restricted reserves.

b) In case of a company: (Subscribed and Paid- up Equity + Reserves) less

(Revaluation reserves + miscellaneous expenditure not written off + reserves not

available for distribution to equity shareholders)

Turnovershall mean:

a) In case of a Society/ Trust: the income related to objectives of the Society/ Trust i.e..,

grants/ donations/ related services/ interest etc as provided in income and

expenditure account of the entity.

b) In case of a Company: gross sales or gross revenue, as defined by the Indian

Accounting Standards published by the Institute of chartered Accountants of India

(ICAI).

2.2.3 Litigation History: The Bidder should provide accurate information about any litigation or

arbitration resulting from contracts completed or ongoing under its execution over the last

five years. A history of award(s) against the Bidder will result in summary rejection of the

Bid. Suppression of any information or material in this regard would be construed as a

fundamental breach and the Authority reserves its right to take appropriate action

including rejection/disqualification of the Bid, forfeiture of Bid Security etc. as may bedeemed fit and proper by the Authority at any time without requiring giving any notice to

the Bidder in this regard.

2.2.4 Bidders shall provide such evidence of their continued eligibility criteria fulfillment in terms

hereof to the Authority as the Authority shall reasonably request.

2.2.5 In computing the Qualification Criteria of the Bidder under Clauses 2.2.2, the Technical

Capacity & Financial Capability (Networth & Turnover) of their Associates would be

eligible

For purposes hereof, Associate means, in relation to the Bidder/ Consortium member, aperson who controls, is controlled by, or is under the common control with such Bidder/Consortium member (the Associate). As used in this definition, the expressioncontrol 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 ofsuch person, and with respect to a person which is not a company or corporation, thepower to direct the management and policies of such person, whether by operation of lawor by contract or otherwise.

2.2.6 The Bidders shall enclose with its Bid, as part of Technical Bid (Capability Statement), to

be submitted as per the format at Annexure-I along with all other Annexures as mentioned

in clause 2.2.2, the following:


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(i) In case of Bidder qualifying under Option I: certificate(s) from its statutory

auditors specifying the net worth of the Bidder, as at the close of the

preceding financial year, and also specifying that the methodology adoptedfor calculating such net worth.

(ii) In case of Bidder qualifying under Option II:Certificate(s) from its statutory

auditors of the concerned client(s) stating that the Entity is having

experience in running at least .. institute of technical nature (Diploma/

Degree only) with atleast one of them being accredited from NACC or

NBA with consolidated strength of .......(total no of students)

students in the preceding 6 years from 31st

March 2011, anywhere in

India having an average annual turnover of not less than Rs ... crores.

2.2.7 Where the Bidder is a Consortium; it should comply with the following additionalrequirements:

a) Consortium members would be limited to two (including the lead member).

b) One of the members, who is responsible for performing a key function in

the Bid Process management or is executing a major component of the

proposed Project, shall be nominated as being in charge during the

Bidding Period and in the event of a successful Bid, during Project

execution. The member- incharge (also referred to as the Lead Member).

This authorization shall be evidenced by submitting a Power of Attorney

signed by legally authorized signatories of all the members.

c) The lead member of the Consortium shall hold minimum 51% equity stakein the Consortium.

d) An individual Bidder cannot at the same time be member of a Consortium

applying for the Bid. Further, a member of a particular Bidder Consortium

cannot be member of any other Bidder Consortium applying for the Bid;

e) There shall be a Memorandum of Agreement between the constituent firms

specific for this Project. The Memorandum of Agreement shall include

among other things, the Consortiums objectives, the proposed

management structure, the proposed distribution of responsibilities both

financial as well as technical for execution of the Work, the contribution of

each member to the Consortium operation, the commitment of the

members to joint and several liability for due performance,recourse/sanctions within the Consortium in the event of default or

withdrawal of any member and arrangements for providing the required

indemnities.

f) The Bid, and in the case of the Preferred Bidder, the Concession

Agreement shall be signed and / or executed in such a manner as may be


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required for making it legally binding on all members (including operative

parts of the ensuing contract in respect of Arbitration Agreement etc.).

g) The Lead Member shall be authorized to incur liabilit ies and to receiveinstructions for and on behalf of all members of the Consortium and the

entire execution of the Contract including payment shall be carried out

exclusively through the lead member. A statement to this effect should be

included in the Memorandum of Agreement.

h) All members of the Consortium shall be jointly and severally liable for the

execution of the contract in accordance with the contract terms, and a

statement to this effect shall be included in the Memorandum of

Agreement.

i) Bid Security as required under this RFP document, can be furnished by

any member but it should be for and on behalf of the Consortium as a

whole.

j) Performance Security, as required under this RFP, will be furnished either

by the Lead Member on behalf of the Consortium or by all members, out of

their accounts, in proportion to their participation in Consortium.

k) In the event of default by the Lead Member, it shall be construed as default

of the Lessee; and the Authority will take action as per the provisions of the

Concession Agreement.

l) In the event of any other member leaving the Consortium, it shall be

intimated to the Employer within 30 days by the other member(s). Failure

to do so shall be construed as default of the Concessionaire and the

Authority may take action as per the provisions of the Concession

Agreement.

m) In case the Memorandum of Agreement is not acceptable to the Authority,

the Consortium will modify the agreement so as to be acceptable to the

Authority.

n) The Bid submitted shall include all information as required under the

provisions of Sub Clause 2.12.1. Bidder shall furnish details for each

member of the Consortium as per provisions of sub clause 2.12.1 (ii).

o) Qualifying Criteria for the Consortium

Consortiums must comply with the following requirements:

i) The Consortium must satisfy collectively the criteria of Clause 2.2.

For this purpose the following data of each member of the

Consortium may be added together to meet the collective qualifying

criteria subject to 50% of the qualifying criteria to be met by the

Lead Member.

2.2.8 The following conditions shall be adhered to while submitting the Bid:


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(i) Bidders shall attach clearly marked and referenced continuation sheets in

the event of the space provided in the prescribed forms in the Annexure

being insufficient. Alternatively, Bidders may format the prescribed forms,making due provision for incorporation of the requested information;

(ii) information supplied by a Bidder (or other constituent member if the Bidder

is a Consortium) must apply to the Bidder or constituent member named in

the Bid and, unless not specifically requested, to other associated

companies or firms.

2.3 Change in the Composition of the Consortium

Where the Concessionaire is a Consortium, change in composition of the Consortium may

be permitted by the Authority only where:

a. The Lead Member remains Lead member of the Consortium till the Concession

Period. The other member of the Consortium in the Concessionaire may be

substituted/ replaced by a new member who is at least equal or better than the

original Member and such substitution/replacement may be made only after 3

years from the COD.

b. The substitute is at least equal, in terms of Technical Capacity and Financial

Capacity, to the Consortium Member who is sought to be substituted and the

Consortium so modified shall continue to meet the eligibility criteria for Bidder; and

c. The new Member(s) expressly and in entirety adopt(s) the Bid already made on

behalf of the Consortium as if it were a party to it originally, and is not a Bidder/

Member of any other Consortium bidding for this Project.

d. The Lead Member of the consortium shall be required to maintain at least 51% ofthe voting rights and stake in the Consortium during the Concession Period.

2.4 The disqualified Bidders/ consortium will not be allowed to become the member of a selected/

qualified consortium. Approval for change in the composition of a Consortium shall be in

writing and at the sole discretion of the Authority. Bid and other costs

The Bidders shall be responsible for all costs associated with the preparation of their Bids

and their participation in the Bid. The Authority will not be responsible or in any way

liable for such costs, regardless of the conduct or outcome of the Bidding Process.

2.5 Site visit and verification of information

Bidders are encouraged to submit their respective Bids after visiting the Projectsite/Project Facility and ascertaining for themselves the site conditions, location,

surroundings, climate, availability of power, water and other utilities, access to site,handling and storage of materials, weather data, applicable laws and regulations, and anyother matter considered relevant by them.

2.5.1 It shall be deemed that by submitting the Bid, the Bidder has:

a. made visit to the Project Facility and has ascertained the site conditions, locations,

climate, availability of infrastructure and other applicable laws and regulations of

the state


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b. made a complete and careful examination of the Bid document including draft

Concession Agreement;

c. received all relevant information requested from DST;

d. accepted the risk of inadequacy, error or mistake in the information provided in the

Bid document or furnished by or on behalf of DST relating to any of the matters

referred to in Clause 2.5 above; and

e. Satisfied itself about all matters, things and information including matters referredto in Clause 2.5 hereinabove necessary and required for submitting an informedBid, execution of the Project in accordance with the Bidding Documents andperformance of all of its obligations there under.

f. acknowledged and agreed that inadequacy, lack of completeness or incorrectnessof information provided in the Bidding Documents or ignorance of any of thematters referred to in Clause 2.5 hereinabove shall not be a basis for any claim forcompensation, damages, extension of time for performance of its obligations, lossof profits etc. from the Authority, or a ground for termination of theConcessionConcession Agreement by the Concessionnaire.

g. acknowledged that it does not have a Conflict of Interest; andh. agreed to be bound by the undertakings provided by it under and in terms hereof.

2.5.2 DST shall not be liable for any omission, mistake or error in respect of any of the above or

on account of any matter or thing arising out of or concerning or relating to the Bid

document or the Bidding Process, including any error or mistake therein or in any

information or data given by DST.

2.5.3 The Bidder shall also submit an affidavit acknowledging Clause 2.5.1 & 2.5.2.


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B. DOCUMENTS

2.6 Contents of the RFP

This RFP comprises the disclaimer set forth hereinabove, the contents as listed below,

and will additionally include any Addenda issued in accordance with Clause 2.8.

Invitation for Proposal

2.7 Clarifications

Volume I: Request for Qualification

SECTION: 1 Introduction

SECTION: 2 Instructions To Bidders

SECTION: 3 Criteria for Evaluation of Bids

SECTION: 4 Fraud And Corrupt Practices

SECTION: 5 Pre-Bid Conference

SECTION: 6 Miscellaneous

Annexure

Annexure I Letter Comprising the Bid

Annexure II Checklist

Annexure III Details of Bidder

Annexure IV Technical Capacity of Bidder

Annexure V Financial Capacity of the Bidder

Annexure VI Statement of Legal Capacity

Annexure VII Power of Attorney for signing of Bid

Annexure VIII Litigation History

Annexure IX Site Map

Annexure X Project Facility Plan

Annexure XI

Annexure XII

Annexure XIII

Annexure XIV Format for Financial Bid

Volume 2 Draft Concession cum License Agreement

Volume 3 Brief Details of Each Institutions


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2.7.1 Bidders requiring any clarification on the RFP may notify DST in writing or by fax or e-mail

in accordance with Clause 1.2.8. They should send in their queries before the date

specified in the schedule of Bidding Process contained in Clause 1.3. DST shall endeavor

to respond to the queries within the period specified therein, but no later than 5 (five) daysprior to the Bid Due Date. The responses will be sent by courier post and/ or fax and/ or e-

mail. DST will forward all the queries and its responses thereto, to all purchasers of the

RFP without identifying the source of queries.

2.8.2 DST shall endeavor to respond to the questions raised or clarifications sought by the

Bidders. However, DST reserves the right to not respond to any question or provide any

clarification, in its sole discretion, and nothing in this Clause shall be taken or read as

compelling or requiring DST to respond to any question or to provide any clarification.

DST shall not take any responsibility for postal or any other delay in response.

2.8.3 DST may also on its own motion, if deemed necessary, issue interpretations and

clarifications to all Bidders. All clarifications and interpretations issued by DST shall be

deemed to be part of the RFP. Verbal clarifications and information given by Authority or

its employees or representatives shall not in any way or manner be binding on DST.

2.8 Amendment of RFP

2.8.1 At any time prior to the deadline for submission of RFP, Authority may, for any reason,

whether at its own initiative or in response to clarifications requested by a Bidder, modify

the RFP by the issuance of Addenda.

2.8.2 Any Addendum thus issued will be sent in writing to all those who have purchased the

RFP.

2.8.3 In order to afford the Bidders a reasonable time for taking an Addendum into account, or

for any other reason, Authority may, at its own discretion, extend the Bid Due Date.

2.9 Right to accept and to reject any or all Bids

2.9.1 Notwithstanding anything contained in this RFP, the Authority reserves the right to acceptor 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 thereof.

2.9.2 The Authority reserves the right to reject any Bid and appropriate the Bid Security if:

(a) At any time, a material misrepresentation is made or uncovered, or

(b) The Bidder does not provide, within the time specified by the Authority, the

supplemental information sought by the Authority for evaluation of the Bid. Such

misrepresentation/ improper response shall lead to the disqualification of the

Bidder. If such disqualification / rejection occurs after the Bids have been opened

and the Preferred Bidder gets disqualified / rejected, then the Authority reserves

the right to:

(i) Invite the remaining Bidders to submit Bids; or

ii) Take any such measure as may be deemed fit in the sole discretion of the

Authority, including annulment of the Bidding Process.

2.9.3 In case it is found during the evaluation or at any time before signing of the Concession

Agreement or after its execution and during the period of subsistence thereof, including


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the Concession thereby granted by the Authority, that one or more of the qualification

conditions have not been met by the Preferred Bidder or the Preferred Bidder has made

material misrepresentation or has given any materially incorrect or false information, the

Bidder shall be disqualified forthwith if not yet appointed as the Concessionaire either byissue of the Letter of Intent (referred as LOI) or entering into of the Concession

Agreement, and if the Bidder has already been issued the LOI or has entered into the

Concession Agreement, as the case may be, the same shall, notwithstanding anything to

the contrary contained therein or in this RFP, be liable to be terminated, by a

communication in writing by the Authority to the Preferred Bidder, without the Authority

being liable in any manner whatsoever to the Preferred Bidder or Concessionaire, as the

case may be. In such an event, the Authority shall forfeit and appropriate the Bid Security

or Performance Security, as the case may be, as compensation and damages payable to

the Authority for, inter alia, time, cost and effort of the Authority, without prejudice to any

other right or remedy that may be available to the Authority.

2.9.4 The Authority reserves the right to verify all statements, information and documents

submitted by the Bidder in response to the RFP or the Bidding Documents and the Biddershall, when so required by the Authority, make available all such information, evidence

and documents as may be necessary for such verification. Any such verification or lack of

such verification, by the Authority shall not relieve the Bidder of its obligations or liabilities

hereunder nor will it affect any rights of the Authority there under.

C. PREPARATION AND SUBMISSION OF BID

2.10 Language

The Bid and all related correspondence and documents in relation to the Bidding Process

shall be in English language. Supporting documents and printed literature furnished by the

Bidder with the Bid may be in any other language provided that they are accompanied by

appropriate translations in the English language. Supporting materials, which are nottranslated into English, may not be considered. For the purpose of interpretation and

evaluation of the Bid, the English language translation shall prevail.

2.11 Documents comprising the Bid

2.11.1 The bids shall be submitted in two envelopes which comprise the following documents:-

AA.. Envelope-I Technical Bid : The Bidder shall submit theTechnical Bidin the

formats specified at Annexures.

i) Letter Comprising the Bid in the form and manner as described in

Annexure I.

ii) Checklist as described in Annexure II

iii) Details of the Bidder in the form and manner as described in Annexure III

iv) Technical Capacity of the Bidder in the form and manner as described in

Annexure IV

v) Financial Capacity of the Bidder in the form and manner as described in

Annexure V


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vi) Statement of Legal Capacity of the Bidder in the form and manner as

described in Annexure VI

vii) Power of Attorney authorising the signatory of bid to commit the Bidder in

accordance with Sub-Clause 2.1.6 and in the format as specified in

Annexure VII

viii) Power of Attorney by the Consortium members authorizing the Lead

Member to incur liabilities and receive instructions for and on behalf of the

member(s) of the Consortium in accordance with Sub clause 2.1.7 and in

the format as specified in Annexure VIII

ix) Litigation History

x) Bid Security for an amount as specified in the form specified in Clause

2.16.

xi) Other material/information required to be submitted are:

a. Audited report of the balance sheet of the last three financial years ofthe Bidder.

xii) Affidavit acknowledging the requirements set out in Clauses 2.5.1 & 2.5.2,

hereof.

xiii) A copy of the entire bid document (along with its addendum, if any) duly

signed on each page by the authorised signatory of the Bidder. The Bid

document shall also have the Bidders stamp on each page along with

signature of the authorised representative of the bidder.

BB.. Envelope-II Financial/Price Bid: The Bidder shall submit the Financial/Price

Bid in the format specified at Annexure-XIV.

Each part shall be separately sealed and marked in accordance with the sealing

and marking instruction in Clause 2.19.

2.11.2 The Bidder shall prepare and submit two copies of the Bids (Technical Bid and Financial

Bid), one original & one duplicate.

2.11.3 The queries and completed RFP must be submitted to:

Managing Director

----------------------------------------

Tel. No. +91 651 -----------------------------


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Fax: +91 651 ----------------------------------------------------E-mail :-------------------------------------

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2.12. Financial Proposal/ Bid Variable/ Price Bid

2.12.1 The Bidder shall quote in terms of free seat being offered to DST in terms of percentage

of total seats available in the Institutions. The free seat offered will be linked with the

Minimum Development Obligation forAcademic Programmes & Student Intake Plan as

detailed out in Annexure .. of this document and total strength of the Institutions at

that particular point of time, whichever is higher.

2.12.2 DST shall have the freedom to either utilize these seats or ask the management to fill the

same with management quota or general quota. IN all circumstances, the Concessionaire

shall be responsible for collection of fee and other charges as applicable excluding

development charges from these student and deposit in the designated account of DST.

2.13 Intentionally Left Blank

2.14. Bid Validity

2.14.1 Bids shall remain valid for a period of 120 days (one hundred twenty days) after the Bid

Due Date (herein the Bid Validity Period) specified in Clause 2.19. A Bid having

lesser validity period than the prescribed Bid Validity Period shall be summarily rejected

by the Authority as non-responsive.

2.14.2 Prior to expiry of the Bid Validity Period, the Authority may request the Bidders to extend

the Bid Validity Period for a specified additional period. The request and the responses

thereto shall be made in writing or by fax. A Bidder may refuse such request for extension

of bid validity period without being liable for forfeiture of its Bid Security. A Bidderagreeing to the request will not be required or permitted to modify its bid but will be

required to extend the validity of its Bid Security for the period of the extended bid validity

period, in compliance with Clause 2.15 in all respects.

2.15. Bid Security

2.15.1 The Bidder shall furnish, as part of its Bid, a Bid Security equivalent to an amount of Rs

30 Lakhs (Rupees Ten Lakhs only) for each of the Engineering College and Rs 15 lakhs

for each of the Polytechnic by way of a demand draft drawn on a Scheduled Commercial

Bank in favour ofDEpartment of Science & Technolog y, Government of Jharkhand,

andpayable at Ranchi (Bid Security) refundable not later than 180 (sixty) days from

the Bid Due Date, except in the case of the Preferred Bidder whose Bid Security shall be

retained till it has provided a Performance Security under the Concession Agreement.

2.15.2 Any Bid not accompanied by the Bid Security shall be summarily rejected by the Authority

as non- responsive.

2.15.3 The Bid Security of unsuccessful Bidders, except the Bidder (H2) next to the Preferred

Bidder (H1), will be returned promptly without any interest, but not later than 60 days after

the expiration of the Bid Validity Period, or within 15 (fifteen) days of issue of LoI to the
mailto:----------------------------------------------------mailto:----------------------------------------------------mailto:----------------------------------------------------mailto:----------------------------------------------------mailto:----------------------------------------------------mailto:----------------------------------------------------


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Preferred Bidder, whichever is earlier. The Bid Security of H2 will be returned within 15

(fifteen) days of signing of Concession Agreement with the Authorizee..

2.15.4 The Bid Security of the Preferred Bidder will be returned when the Bidder has furnished

the required Performance Security and signed, executed the Concession Agreement.

2.15.5 The Bid Security shall be forfeited as Damages without prejudice to any other right or

remedy that may be available to the Authority under the Bidding Documents and/ or

under the Concession Agreement, or otherwise, under the following conditions:

a) If a Bidder submits a non-responsive Bid;

b) If the Bidder withdraws its Bid during the Bid Validity Period as specified in

this RFP and as extended by mutual consent of the respective Bidder(s)

and the Authority;

c) If the Bidder submits a conditional Bid which would affect unfairly the

competitive position of other Bidders who submitted substantially

responsive Bids.

d) If a Bidder engages in a corrupt practice, fraudulent practice, coercive

practice, undesirable practice or restrictive practice as specified in Section

4 of this RFP;

e) If the Bidder does not accept the correction of errors in its Bid , pursuant to

Clause 2.26 hereof;

f) In the case of the Preferred Bidder, if the Bidder fails within the specified

time limit to

i) To sign and return the duplicate copy of LOI;

ii) To furnish the required Performance Security within the period

prescribed there;

iii) Sign the Concession Agreement;.

g) any other conditions, with respect to the Bidder as well as the Preferred

Bidder, for which forfeiture of Bid Security has been provided under this

RFP.

2.16. Pre- Bid Meeting

2.16.1 The official representatives of the Bidders are invited to attend a Pre-Bid meeting which

will take place in the office of DST, Ranchi at 15.00 Hours on ..2012

2.16.2 The purpose of the Pre- Bid meeting will be to clarify issues and to answer questions in

respect of the Project that may be raised at that stage.

2.16.3 The Bidder is requested to submit questions in writing or by cable/fax, to reach the

Authority at least 3 days before prior to the Pre-Bid meeting.2.16.4 Minutes of the Pre-Bid meeting, including the text of the questions raised and the

responses given together with any response prepared after the meeting, will be

transmitted without delay to all the Bidders. Any modification of the bidding documents

listed in Clause 2.6 which may be considered necessary as a result of the pre-bid

meeting shall be made by DST exclusively through the issue of an Addendum pursuant to

Clause 2.8 and not through the minutes of the pre-bid meeting.


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2.16.5 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a Bidder.

2.17. Format and Signing of Bid

2.17.1 The Bidder shall prepare two copies of the documents (one in original and one duplicate)comprising the Bid as described in Clause 2.11 of Instructions to Bidders.

2.17.2 The Bid shall be typed or written in indelible ink and shall be signed by a person or

persons duly authorized to sign on behalf of the Bidder, pursuant to sub clause 2.1.6.

2.17.3 The Bid shall contain no alterations, omissions or additions, except those to comply with

instructions issued by the Authority, or as necessary to correct errors made by the Bidder,

in which case all such corrections shall be initialed by the person or persons authorized to

sign the Bid.

D. Submission of Bids

2.18. Sealing and Marking of Bids

2.18.1 The Bidder shall submit the Bid in two envelopes as below:

Envelope I: Technical Bid

Envelope II: Financial Bid

Bidder bidding for more than one institutes shall submit separate Proposal (Bids) for each

of the institutes. The Technical & Financial Bid shall be sealed in separate envelopes and

the sealed Technical & Financial Bid Envelops shall be sealed in an outer envelope. The

Bid envelopes shall be marked as follows

The Technical & Financial Bid shall be sealed in separate envelopes (Envelopes I &II)

and the sealed Technical & Financial Bid envelops (Envelopes I &II) shall be put in an

outer envelope and sealed. The envelopes shall be respectively marked as follows:-

Outer Envelope:

Bids for the Upgradation, Operation & Maintenance of (Name

of the Institutions for which proposal is submitted).

Envelope- I Technical Bid:

Technical Bid for the Upgradation, Operation & Maintenance of Upgradation, Operation &

Maintenance of(Name o