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Modernisation, Operation, Maintenance, management & allied Development of Pandit Deen Dayal Upadhaya parking at Hardwar
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MODERNISATION, OPERATION, MAINTENANCE, MANAGEMENT & ALLIED DEVELOPMENT
OF
PANDIT DEEN DAYAL UPADHAYA PARKING (Dhobighat Parking)
AT
HARIDWAR UNDER PUBLIC PRIVATE PARTNERSHIP (PPP)
RFQ cum RFP DOCUMENT
Nodal Agency UTTARAKHAND TOURISM DEVELOPMENT BOARD
DEEN DAYAL UPADHAYA PARYATAN BHAWAN Garhi Cantt. Near O N G C Helipad
Dehradun‐248001 Tel. No. 0135 2559900, 2104124,
Fax No. 0135 2559898 Email‐ddtourism@ua.nic.in
Consultants Uttarakhand Infrastructure Project Company Pvt. Ltd.
88‐Govindnagar, Racecourse Colony, Dehradun‐248001,
Telefax No.‐0135 2627275 & 0135 2723520,
APRIL 2011
Modernisation, Operation, Maintenance, management & allied Development of Pandit Deen Dayal Upadhaya parking at Hardwar
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REQUEST FOR QUALIFICATION CUM REQUEST FOR PROPOSAL
(RFQ CUM RFP) DOCUMENT
CONTENTS OF THE DOCUMENT
VOLUME I : RFQ cum RFP Document
VOLUME II : Draft Concession Agreement
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CONTENTS
S. No. Particulars P.No.
1 Disclaimer 3 2 Abbreviations 4 3 Definitions 5 4 Invitation For Proposal 7 5 Section-I
Introduction 8
6 Section -II Information and Instructions to Bidders
12
7 Section- III Schedule of Bidding Process
19
8 Section -IV General Provisions
20
9 Section -V Methodology & Criteria for Evaluation of Bid
24
10 Section –VI Evaluation of Financial Bid
27
11 Formats 29 12 Annexure –A
Map of Parking Complex 50
13 Concession Agreement 51
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Disclaimer 1. This document does not purport to contain all the information that each bidder
may require and is accordingly is not intended to form the basis of any investment decision or any other decision to participate in the bidding process for the selection of the successful bidder for this bid. Though adequate care has been taken in the preparation of this RFQ cum RFP Document (Volumes I and II), the Bidder should satisfy himself that the Document is complete in all respects including its legal validity.
2. Neither UTDB nor their employees or consultants make any representation or warranty as to the accuracy, reliability or completeness of the information in this RFQ cum RFP (Volumes I and II) and it is not possible for UTDB to consider the investment objectives, financial situation and particular needs of each party who reads or uses this document. Each prospective Bidder should conduct his own investigations and analysis and check the accuracy, reliability and completeness of the information in this RFQ cum RFP and obtain independent advice from appropriate sources.
3. Neither UTDB nor their employees or consultants will have any liability to any prospective bidder or any other person under the law of contract, tort, the principles of restitution or unjust enrichment or otherwise for any loss, expense or damage which may arise from or be incurred or suffered in connection with anything contained in this RFQ cum RFP, any matter deemed to form part of this RFQ cum RFP, the award of the Parking, the Parking information and any other information supplied by or on behalf of UTDB or their employees, any consultants or otherwise arising in any way from the selection process.
4. UTDB reserves the right to reject any or all of the proposals submitted in response to this RFQ cum RFP at any stage without assigning any reasons whatsoever.
5. UTDB reserves the right to change any or all of the provisions of this RFQ cum RFP prior to Proposal Due Date. Such changes would be intimated to all the parties being issued this RFQ cum RFP.
6. UTDB reserves the right to change, modify, add to or alter the Selection Process including inclusion of additional evaluation criteria at later stage, which in no event shall be later than the Proposal Due Date. Any change in the Selection Process shall be intimated to all concerned parties.
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Abbreviations
BEC‐ Bid Evaluation Committee DTDO‐ District Tourism Development Officer CEO‐ Chief Executive Officer EMD‐ Earnest Money Deposit ECS‐ Equivalent Car Space GoI‐ Government of India GoU‐ Government of Uttarakhand LCM‐ Lead Consortium Member LOA‐ Letter of Award HDA‐ Haridwar Development Authority MOU‐ Memorandum of Understanding RFP‐ Request of Proposal RFQ‐ Request for Qualification SPV‐ Special Purpose Vehicle UIPC Uttarakhand Infrastructure Project Company Pvt. Ltd. UTDB‐ Uttarakhand Tourism Development Board
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Definitions “Bid Document”: shall mean RFP cum RFQ document issued by UTDB as part of the Bid Process. “Bid Process”: shall mean various activities taken up by UTDB leading up to the selection of the Successful Bidder/s. “Bidder(s)”: shall mean an Individual or Bidding Company or Bidding Consortium that has submitted a Proposal in response to this RFQ cum RFP Document. “Bidding Company”: shall mean a corporate entity (Public or Private Limited) registered under the Companies Act, 1956. “Bid Validity Period”: shall mean the period till which the proposal shall remain valid which shall not be less than 180 days from the Application due date, “Bank”: shall mean any Indian Scheduled Commercial Bank. “Concessionaire”: shall mean the selected bidder, “Concessioning Authority”: shall mean Uttarakhand Tourism Development Board, “Consortium”: shall mean Group of Entities that have jointly submitted the proposal for the Parking. “Consortium Member”: shall mean each entity in the Bidding Consortium shall be referred to as a Consortium Member. “Earnest Money Deposit or Bid Security”: shall mean the prescribed Bid security as desired in the RFQ cum RFP document, “Financial Bid / Financial Proposal”: shall mean the document containing commitment letter, price proposal format, Bid Security on prescribed formats of this document. “Good Industry Practice”: Good Industry Practice shall mean practices, methods, techniques and standards as changed from time to time that are generally accepted for use in the infrastructure or any other good industry practice which is relevant to the said Parking. “Lead Member / Lead Consortium Member (LCM)”: In case of a Bidding Consortium, the Lead Member / Lead Consortium Member (LCM) shall be that Consortium Member vested with the prime responsibility of operating the Parking and holding not less than 51% stake in the consortium. “Letter of Acceptance”: shall mean the letter confirming the acceptance of the terms & conditions of the RFQ cum RFP document and declaration in the prescribed format.
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“Letter of Award”: shall mean the Offer Letter for operation of the Parking Complex to the selected Bidder, “Letter of Consultancy & Success Fee Commitment”: shall mean the Bidder/s Commitment to Pay Consultancy & Success Fee to the Consultant (UIPC) “Parking Site”: shall mean the existing Pandit Deen Dayal Upadhaya Parking complex (Dhobighat Parking) at Haridwar. “Proposal Due Date”: “Proposal Due Date” shall mean the date of submission of completed RFQ cum RFP document in the Office of UTDB, “Responsiveness / Non‐responsive”: “Responsiveness / Non‐responsive” shall mean examination of the submitted Bid Document to the requirements of the RFQ cum RFQ document. “Request for Qualification cum Request for Proposal (RFQ cum RFP)”: shall mean this document issued to Bidders inviting the submission of “Proposal” to Operate, maintain, manage and development of Pandit Deen Dayal Upadhaya Parking at Haridwar. “Selection Process”: shall have the same meaning as the 'Bid Process'. “Successful Bidder”: shall mean the bidder who has been issued Letter of Award by UTDB, indicating him as the Successful Bidder.
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INVITATION FOR PROPOSAL
Introduction Uttarakhand Tourism Development Board, Uttarakhand (UTDB) intends to Modernise, Operate, and further develop the existing Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking) at Haridwar through Public Private Partnership mode. This Request for Qualification cum Request for Financial Proposal (RFQ cum RFP) document is for the Modernisation, Operation, Maintenance, Management and allied Development of the Parking Complex at Haridwar in the State of Uttarakhand through Public Private Partnership mode on for a Concession Period of 4 (Four) years. , after which the parking along with the developed allied facilities developed, will be transferred back to the UTDB free of cost. The UTDB may at its discretion extend the concession period for another four years or part thereof at mutually agreed terms and conditions. However, the Concessionaire shall not have any right to claim for any extension of the Concession period. An Agreement will be drawn up between UTDB and the Successful Bidder/ Concessionaire [i.e. the individual / single bidder or the Joint Venture / Consortium, whichever is acknowledged as the “Successful Bidder”. Revenues from the “Parking Complex” will accrue to the Successful Bidder/ Concessionaire during the Concession Period. “Single Stage Two envelope” bidding process has been planned to be followed for determining the Successful Bidder. First is the pre‐qualification stage, wherein the Bidders are required to meet the minimum threshold financial capability criteria, as stated in the Bid Document. Pursuant to that, Financial Proposals of only the pre‐ qualified bidders would be opened and evaluated. The RFQ cum RFP document contains information about the Parking Complex, bidding process, Pre‐qualification Criteria and Financial Proposal etc. The RFQ cum RFP Document submissions must be received not later than 15.00 hrs as specified in the Schedule of Bidding Process (Section –III of the Bid Document) in the specified Format and the address specified in the Bid document. UTDB shall not be responsible for any delay in receiving the Proposal and reserves the right to reject and/ or accept any or all Proposals without assigning any reason thereof.
The Chief Executive Officer, Uttarakhand Tourism Development Board Deen Dayal Upadhaya Paryatan Bhawan, Garhi ‐Cantt. Near O N G C Helipad, Dehradun‐248001 Tel. No. – 0135‐2559900, 2104124, Fax No. ‐0135‐2559898, E Mail‐ ddtourism@ua.nic.in,
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SECTION‐I
INTRODUCTION
1.1. Background of Haridwar
A paradise for nature lovers, Haridwar presents a kaleidoscope of Indian culture and civilization. In the scriptures it has been variously mentioned as Kapilsthan, Gangadwar and Mayapuri. It is also an entry point to the Char Dham (the four main centers of pilgrimage in Uttarakhand viz, Badrinath, Kedarnath, Gangotri, and Yamunotri), hence, Shaivaites (followers of Lord Shiva) and Vaishnavites (followers of Lord Vishnu) call this place Hardwar and Haridwar respectively, corresponding to Har being Shiv and Hari being Vishnu.
In the Vanaparva of the Mahabharat, where sage Dhaumya tells Yudhisthira about the tirthas of India, Gangadwar, i.e., Haridwar and Kankhal, have been referred to, the text also mentions that Agastya Rishi did penance here, with the help of his wife, Lopamudra (the princess of Vidharba).
The legendary King, Bhagirath, the great‐grandson of the Suryavanshi King Sagar (an ancestor of Rama), is said to have brought the river Ganges down from heaven, through years of penance in Satya Yuga, for the salvation of 60,000 of his ancestors from the curse of the saint Kapila, a tradition continued by thousands of devout Hindus, who brings the ashes of their departed family members, in hope of their salvation. Lord Vishnu is said to have left his footprint on the stone that is set in the upper wall of Har‐Ki‐Pauri, where the Holy Ganges touches it at all times.
During his visit to Haridwar, first Sikh Guru, Guru Nanak (1469–1539) bathed at 'Kushwan Ghat', wherein the famous, 'watering the crops' episode took place, his visit is today commemorated by a gurudwara (Gurudwara Nanakwara), according to two Sikh Janamsakhis, this visit took place on the Baisakhi day in 1504 AD, he later also visited Kankhal enroute to Kotdwara in Garhwal. Pandas of the Haridwar have been known to keep genealogy records of most of the Hindu population. Known as vahis, these records are updated on each visit to the city, and are a repository of vast family trees of family in North India.
Ain‐e‐Akbari, written by Abul Fazal in the 16th century during the reign of Mughal Emperor Akbar, refers to it as Maya (Mayapur), known as Hardwar on the Ganges”, as seven sacred cities of Hindus. It further mentions it is eighteen kos (each approx. 2 km) in length, and large numbers of pilgrims assemble on the 10th of Chaitra. It also mentions that during his travels and also while at home, Mughal Emperor, Akbar drank water from the Ganges river, which he called ‘the water of immortality’. Special people were stationed at Sorun and later Haridwar to dispatch water, in sealed jars, to wherever he was stationed.
During the Mughal period, there was mint for Akbar's copper coinage at Haridwar. It is said that Raja Man Singh of Amber, laid that foundation of the present day city of
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Haridwar and also renovated the ghats at Har‐ki‐pauri. After his death, his ashes are also said to have been immersed at Brahma Kund by Mughal emperor Akbar himself. Thomas Coryat, an English traveller, who visited the city in the reign of Emperor Jahangir (1596–1627) mentions it as 'Haridwara', the capital of Shiva.
Being one of the oldest living cities, Haridwar finds its mention in the ancient Hindu scriptures as it weaves through the life and time stretching from the period of the Buddha, to the more recent British advent. Haridwar has a rich and ancient religious and cultural heritage. It still has many old havelis and mansions bearing exquisite murals and intricate stonework.
Haridwar has been an abode of the weary in body, mind and spirit. It has also been a centre of attraction for learning various arts, science, and culture. The city has a long‐standing position as a great source of Ayurvedic medicines and herbal remedies and is home to the uniqueGurukul (school of traditional education), including the Gurukul Kangri Vishwavidyalaya, which has a vast campus, and has been providing traditional education of its own kind, since 1902. Development of Haridwar took an upturn in the 1960s, with the setting up of a temple of modern civilization, BHEL, a 'Navratna PSU' in 1962, which brought along not just a its own township of BHEL, Ranipur, close to the existing Ranipur village, but also a set of ancillaries in the region. The University of Roorkee, now IIT Roorkee, is one of the oldest and most prestigious institutes of learning in the fields of science and engineering.
Haridwar is one of the first towns where the Ganges emerges from the mountains to touch the plains. The water in the river Ganges is mostly clear and generally cold, except in the rainy season, during which soil from the upper regions flows down into it.
The river Ganges flows in a series of channels separated from each other called aits, most of which are well wooded. Other minor seasonal streams are Ranipur Rao, Pathri Rao, Rawii Rao, Harnaui Rao, Begam Nadi etc. A large part of the district is forested, and Rajaji National Park is within the bounds of the district, making it an ideal destination for wildlife and adventure lovers.
Haridwar district, covering an area of about 2360 km², is in the southwestern part of Uttarakhand state of India.
Haridwar is situated at height of 314 metres from the sea level, between Shivalik Hills in the North and Northeast and the Ganges River in the South.
Places of Interest In Hindu traditions, the 'Panch Tirth' (Five Pilgrimages) within Haridwar, are Gangadwara (Har ki Pauri), Kushwart (Ghat in Kankhal), Bilwa Teerth (Mansa Devi Temple) and Neel Parvat(Chandi Devi Temple). There are several other temples and ashrams located in and around the city. Also alcohol and non‐vegetarian food is not permitted in Hardwar.
o Har‐ki‐Pauri; o Chandi Devi Temple; o Mansa Devi Temple, o Maya Devi Temple, o Kankhal,
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o Daksheswara Mahadev Temple, o Sati Kund o Piran Kaliyar o Neel Dhara Pakshi Vihar o Bhimgoda Tank, o Ram Mandir, o Doodhadhari Barfani Temple o Sureshvari Devi Temple o Pawan Dham o Bharat Mata Mandir o Jairam Ashram o Sapt Rishi Ashram and Sapt Sarovar o Parad Shivling o Ramanand Ashram o Anandamayi Maa Ashram o Shantikunj o Gurukul Kangri University o Dev Sanskriti Vishwavidyalaya
o Vishwa Sanskrit Mahavidyalaya o B.H.E.L., Ranipur Township o SIDCUL
o Melas:‐
Kumbh Mela
Kavad Mela
Somvati Amavasya Mela,
Ganga Dashara,
1.2. Climate Temperatures:
Summers: 25 °C ‐ 44 °C Winters: 6 °C ‐ 24 °C
1.3. The Parking Complex
UTDB intends to undertake Modernisation, operation, maintenance, management and allied development of Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking) at Haridwar under Public Private Partnership (PPP) Mode. The complex has 811 ECS along with other infrastructure facilities and space for development of other essential development amenities / facilities. The detailed lay out map of the parking complex is annexed with the document as Annexure‐ ‘A’.
The successful bidders shall undertake Modernisation,operation, maintenance, management of Parking and development of allied minimum essential facilities as prescribed in Clause 1.4 below in the parking complex over the concession period of 4 (Four) years, after which the parking along with the allied facilities developed, will be
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transferred back to the UTDB free of cost.
The UTDB may at its discretion extend the concession period for another five years or part thereof at mutually agreed terms and conditions. However, the Concessionaire shall not have any right to claim for any extension of the Concession period.
1.4. Minimum Essential Development Obligations (Essential Facilities):
(a) All basic amenities like
drinking water, Electrification of the Parking area along with the DG back up, Toilets minimum 20 seats additional (separately for Men & Women) with prefabricated structures,
Fire fighting facility, Security, First‐aid facility,
(b) Three no. temporary food courts /Canteens with Pre‐fabricated Kiosks (vegetarian only) Upto the maximum size of 3.00m X 2.40m at places approved by UTDB.
(c) ATM,
(d) Departmental Store offering daily needs, with prefabricated structure, Up to the maximum size of 3.00m X 2.40m at a place approved by UTDB.
(e) Metalling of the internal Roads in the Parking Area, (f) Laying of Cement Concrete tiles on the Footpaths along the internal Roads, (g) Construction of Toll Plaza at suitable distance from entry & exit. (Final
location and layout of toll plaza shall be finalized in consultation with the UTDB.)
• OPTIONAL SERVICES
(a) Value added Services like Locker, Cloak room Facility and vehicle upkeep / maintenance services,
1.5. Revenue Streams
The Private Sector Operator will be able to recover its investment in development of essential facilities and operation of parking area through the following indicative streams of revenue:
• Parking fees, • Revenues from allied facilities in the parking complex, • User Charges from the commercial facilities.
• Fees from the Value added Services,
• Revenue from advertising rights with the permission of UTDB within the Parking Complex in accordance with the Applicable Laws,
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SECTION ‐II
INFORMATION AND INSTRUCTION TO BIDDERS
2.1. Scope of Application 2.1.1. UTDB invites applications from the eligible bidders (refer clause 2.2) for the
operation, maintenance, management and allied development of Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking) at Haridwar. Applications from experienced and capable Bidders for proposal in respect of the Parking are invited.
2.1.2. Concession Period Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking) at Haridwar shall be offered for modernisation, operation, maintenance, management and allied development of minimum essential facilities as prescribed in Clause 1.4 above in the parking complex over the concession period of 4 (Four) years, after which the parking along with the allied facilities developed, will revert back to UTDB free of cost or UTDB may at its discretion extend the concession period for another four years or part thereof at the mutually agreed terms and conditions. However, the Concessionaire shall not have any right to claim for any extension of the Concession period.
2.2. Eligible Bidders 2.2.1. The Bidder may be an Individual, single Firm /company partnership firm or
Consortium / Joint Venture of such entities who may individually or jointly commit to operate, maintain & develop the Parking Complex. The term Bidder used hereinafter would therefore apply to both, an Individual entity or a joint venture / or a Consortium.
2.2.2 The Bidder should submit a Power of Attorney as per the format enclosed at Appendix 1A, authorizing the signatory of the Application to commit the Bidder.
2.2.3 Applications submitted by a Joint Venture /Consortium should comply with the following additional requirements:
a) The Number of members in a consortium would be limited to maximum of 3(Three);
b) The Application should contain the detailed information required for each member of the Joint Venture / Consortium;
c) The purchaser of the RFQ CUM RFP document must be the Bidder itself or member of the joint venture / consortium submitting the application;
d) An individual Bidder cannot at the same time be member of a Consortium applying for this Parking. Further, a member of a particular Consortium cannot be member of any other Consortium applying for this Parking; an undertaking towards this end needs to be submitted by all members;
e) Members of the Consortium shall nominate one member as the Lead Member. The nomination shall be supported by a Power of Attorney as per the format
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enclosed at Appendix 1B; f) The Lead Member shall not have less than 51% equity in the Joint Venture /
Consortium; g) The other members of the consortium shall hold a minimum of 10% share
each in the shareholding;
2.2.4 Notwithstanding anything stated elsewhere in this document, UTDB shall have the right to seek updated information from the Bidders to ensure their continued eligibility. Bidders shall provide evidence of their continued eligibility in a manner that is satisfactory to UTDB. Bidder may be disqualified if it is determined by the UTDB, at any stage of the process, that the Bidder will be unable to fulfill the requirements of the Parking or fails to continue to satisfy the Eligibility Criteria. Supplementary information or documentations may be sought from Bidders at any time and must so be provided within a reasonable time frame as stipulated by UTDB.
2.2.5 Applicants shall not be under a declaration of ineligibility for Corrupt and
fraudulent practices issued by Government of India or any State Government or any of their Agencies. Bidder to submit an affidavit to this effect either individually or as member of a Joint Venture /Consortium (Appendix 5‐A or 5B)
2.3 Number of Applications Each Bidder shall submit only one (1) Application in response to this RFQ cum RFP. Any Bidder, which submits or participates in more than one Application will be disqualified and will also cause the disqualification of the Consortiums / Bidder of which it is a member as the case may be.
2.4 Application Preparation Cost The Bidder shall be responsible for all of the costs associated with the preparation of its Application and its participation in the Selection process. UTDB will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the qualification process.
2.5 Inspection and Site Visit to the Parking Complex
2.5.1. It is desirable that each Bidder submits its Application after inspecting the Parking Complex; and ascertaining for itself the location, surroundings, access, right of way or any other matter considered relevant by it.
2.5.2. Site visit may be facilitated by representative of UTDB. A prospective Bidder may notify UTDB in writing 3 days prior to plan visit. UTDB would endeavor to facilitate the site visit depending upon the availability of the concerned officials.
2.5.3. It would be deemed that by submitting the Application, Bidder has:
a. Made a complete and careful examination of the RFQ CUM RFP and b. Received all relevant information requested from UTDB.
2.5.4. UTDB shall not be liable for any mistake or error on the part of the Bidder in
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respect of the above.
2.6. Right to Accept or Reject any or all Applications
2.6.1 Notwithstanding anything contained in this RFQ cum RFP, UTDB reserves the right to accept or reject any Application and to annul the bidding process and reject all Applications / Proposals, at any time without any liability or any obligation for such acceptance, rejection or annulment, without assigning any reasons.
2.6.2 UTDB reserves the right to reject any Application if:
a. At any time, a material misrepresentation is made or uncovered, or b. The bidder does not respond promptly and thoroughly to requests for
supplemental information required for the evaluation of the Application.
Such misrepresentation / improper response would lead to the disqualification of
the Bidder. If the Bidder is a Joint Venture /Consortium, then the entire Consortium would be disqualified / rejected.
2.7. Contents of RFQ cum RFP Document
The RFQ cum RFP Document comprises the contents as given in the Table of Contents and would additionally include any Addenda issued in accordance with the provisions of this Document.
2.8. Clarifications
Interested parties may address their queries relating to the RFQ cum RFP Document by email only to UTDB with a mandatory copy to consultant UIPC. The queries should reach the above latest by 17.00 hrs on the date mentioned in Section‐III. UTDB would endeavor to respond to the queries by the date mentioned in the Schedule of Bidding Process. The responses will be sent by fax/ email.
2.9. Amendment of RFQ cum RFP
2.9.1 At any time prior to the deadline for submission of Application, UTDB may, for any reason, whether at its own initiative or in response to clarifications requested by any Bidder, modify the RFQ cum RFP Document by the issuance of an Addendum.
2.9.2 Any Addendum thus issued will be sent in writing to all those who have purchased the RFQ cum RFP Document and shall also be uploaded on UTDB web Site ddtourism@ua.nic.in.
2.10 Language
The Application and all related correspondence and documents should be written in the English language. Supporting documents and printed literature furnished by Bidder with the Application may be in any other language provided that they are accompanied by appropriate translations of the pertinent passages in the English language duly certified appropriately. Supporting materials, which are not
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translated into English, may not be considered. For the purpose of interpretation and evaluation of the Application, the English language translation shall prevail.
2.11 Currency The currency for the purpose of the Application shall be the Indian Rupee (`).
2.12 Validity of Application
Applications shall remain valid for a period not less than 180 days from the Application Due Date. UTDB reserves the right to reject any Application, which does not meet this requirement.
2.13 Format for Bid Submission
2.13.1 The Bidder would provide all the information as per this RFQ cum RFP Document. UTDB would evaluate only those Applications that are received in the required format and are complete in all respects.
2.13.2 The Bidder shall prepare one original of the documents comprising the
Application and clearly marked "ORIGINAL". In addition, the Bidder shall make copy of the Application, clearly marked "COPY". In the event of any discrepancy between the original and the copy, the original shall prevail.
2.13.3 The Application and its copies shall be typed or written in indelible ink and each page shall be initialed and stamped by the Bidder. All the alterations, omissions, additions, or any other amendments made to the Application shall be initialed by the person(s) signing the Application.
2.14 Sealing and Marking of Applications
2.14.1 The First Envelope should be marked as Envelope ‘A’ ( original and copy) and
shall contain: a. Power of Attorney for the signing authority as per the format enclosed at
Appendix 1A, b. Power of Attorney for the Lead member of the consortium as per the format
enclosed at Appendix 1B, in case of Joint Venture / Consortium; c. Bidder details (Appendix 2) d. Application in the prescribed format (Appendix 3) along with supporting
documents; e. Completed Format for Financial Capability Evaluation as in Appendix 4 (BRS1 &
BRS‐2 & 3), along with supporting documents. f. Format of Anti collusion certificate as in Appendix 5, g. Format for Undertaking regarding any disqualification as in Appendix 5A, h. In case of a Joint Venture / Consortium, an undertaking from each member of
Joint Venture /Consortium certifying that it is an exclusive member of that particular consortium alone and not a member of any other consortium nor an independent Bidder, bidding for this Parking and has submitted only one (1) Application in response to this RFQ CUM RFP. (Appendix 5B),
i. Earnest Money Deposit receipt (FDR/CDR), j. Letter of Undertaking for the success fee of 2% of the Parking Cost net of
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taxes, and Consultancy Fees as per Appendix‐6, k. Letter of Acceptance as per Appendix‐7, l. Letter of Commitment as per Appendix‐8,
2.14.2 The second Envelope should be marked as Envelope B and shall include: • Financial Proposal as per Appendix‐9.
Please note that UTDB retains the right to ask for any further information/ clarification during the Bid Process.
2.14.3 The Bidder shall also enclose in a separate envelope ‘C’, enclosed in the outer envelope, a demand draft for Rs 10,000/‐(Rupees Ten Thousand Only), through account payee Demand Draft in favour of UTDB, payable at Dehradun on any scheduled bank towards non refundable Document Fee. Application unaccompanied by this demand draft will not be considered for evaluation and short‐listing.
2.15 Submission of Bid
All the Envelopes A, B and ‘C’ shall be put together in one envelope and be sealed properly. The Bidder shall seal the original and copy duly marking the envelopes as "ORIGINAL" and "COPY" the envelopes shall then be sealed in an outer envelope super scribing “RFQ cum RFP for MODERNISATION, OPERATION, MAINTENANCE, MANAGEMENT & ALLIED DEVELOPMENT OF DEEN DAYAL UPADHAYA PARKING IN HARIDWAR, UTTARAKHAND” and also the name(s) of bidder/consortium
The envelope shall be addressed to: The Chief Executive Officer, Uttarakhand Tourism Development Board Deen Dayal Upadhaya Paryatan Bhawan, Garhi ‐Cantt. Near O N G C Helipad Dehradun‐248001 Tel. No. – 0135‐2559900, 2104124, Fax No. ‐0135‐2559898, E Mail‐ ddtourism@ua.nic.in,
2.15.1 If the envelope is not sealed and marked as instructed above, UTDB assumes no responsibility for the misplacement or premature opening of the contents of the Application submitted.
2.16 Application Due Date
Applications should be submitted before 15.00 hours IST on the Application Due Date mentioned in the Schedule of Bidding Process, at the address provided above in the manner and form as detailed in this RFQ cum RFP. Applications submitted by either facsimile transmission, telex or e‐mail will not be considered for evaluation and short listing. However UTDB reserves the right to extend the Application Due Date and Time, at any time prior to opening of RFQ cum RFP Applications; in such cases the applications received prior to such extension shall not be opened. Further if the RFQ cum RFP document is materially modified along/during such extended period, the RFQ cum RFP application received prior
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to extension shall be returned to the applicants and appropriate time shall be allowed for resubmission of the Applications.
2.17 Late Application Applications received after the Application Due Date shall not be considered,
2.18 Modifications/ Substitution/ Withdrawal of Proposals The Bidder may modify, substitute or withdraw its Proposal after submission, provided that written notice of the modification, substitution or withdrawal is received by UTDB before the Proposal Due Date and time. No Proposal shall be modified or substituted or withdrawn by the Bidder after the Proposal Due Date and time
2.19 Evaluation of Application ‐ Due Date UTDB would open the Applications after 15.30 hours 1ST on the Application Due Date mentioned in the Schedule of Bidding Process, for the purpose of evaluation.
2.20 Evaluation of Application ‐ Criteria
UTDB would subsequently examine and evaluate Applications in Accordance with the criteria set out in Section 5.
2.21 Evaluation of Application ‐ Supporting Documents UTDB reserves the right to call for supporting documentation to verify the data provided by Bidders, at any time during the bidding process. The Bidder in such cases would need to provide the requested clarification / documents promptly and within the stipulated time failing which the Bidder is liable to be disqualified at any stage of the bidding process.
2.22 Confidentiality Information relating to the examination, clarification, evaluation, and recommendation for the short‐listed Bidders shall not be disclosed to any person not officially concerned with the process. UTDB will treat all information submitted as part of Application in confidence and would require all those who have access to such material to treat the same in confidence. UTDB will not divulge any such information unless it is ordered to do so by any authority that has the power under law to require its disclosure.
2.23 Tests of responsiveness
2.23.1 Prior to evaluation of Applications, UTDB will determine whether each Application is responsive to the requirements of the RFQ cum RFP. An Application shall be considered responsive if the Application a. is received by the Application Due Date, including any extension thereof.
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b. contains information required as per Appendix 3, 4 (BRS 1, 2 & 3), c. It is accompanied by Bid Document Fee of Rs. 10,000/‐ d. It is accompanied by a valid Earnest Money Deposit receipt (FDR/CDR); e. Letter of Undertaking for the Success fee of 2% of the total revenue (net of
taxes) to the consultants and Consultancy Fees as per Appendix‐ 6. f. Letter of Acceptance as per Appendix‐7 g. Letter of Commitment as per Appendix‐8 h. Contains all the documents which were to be submitted as per the provisions
of Section 2.14 of this Document. UTDB reserves the right to reject any Application which is non‐responsive and no request for alteration, modification, substitution or withdrawal shall be entertained by UTDB in respect of such Applications.
2.25 Qualification and Notification After the evaluation of Applications, UTDB would announce a list of successful Bidders (Bidders) who meet the Qualification Criteria. At the same time, UTDB would notify the other Bidders that their Applications have been unsuccessful.
2.26 Fees of the Consultants
Uttarakhand Infrastructure Project Company Pvt. Ltd is a Joint Venture Company of Government of Uttarakhand & IL&FS and has been appointed as a Consultant to assist UTDB, Uttarakhand in handling the bid process management for the selection of the Successful bidder and supervision for the Haridwar Parking Complex. UTDB has agreed for the following Consultancy & Success fees for the Consultants:‐
A. The Consultancy Fee of ` 2,00,000/‐(Rupees Two Lacs. only) exclusive of all
applicable taxes for providing the Consultancy services. The Consultancy Fee
shall be net of all taxes and payable by the Successful Bidder. B. In addition to the Consultancy Fee, the Success Fee of 2% of the gross revenue
payable to UTDB over the Concession Period (Total of Five Years) exclusive of all applicable taxes for providing the advisory services. The Success Fee shall be net of all taxes and payable by the Successful Bidder.
Every bidder shall therefore submit along with the Proposal, an undertaking as per Appendix‐6 for payment of Consultancy Fees & the Success Fees of the Consultants.
The Consultancy Fee of ` 2,00,000/‐ (Rupees Two Lakh only) and success fee of 2% of the gross revenue payable to UTDB over the Concession Period (Total Four Years) and all applicable taxes extra shall be paid in the form of a Demand Draft in favour of UIPC Pvt. Ltd. payable at Dehradun before the signing of Concession Agreement with UTDB. The successful bidder shall pay and deposit the amount of withholding or other taxes to the credit of the relevant tax authorities and issue a certificate of deduction and payment to UIPC Pvt. Ltd.
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SECTION III
SCHEDULE OF BIDDING PROCESS
S. No. Event Description Anticipated Date
1 Sale of Document 28th April, 2011 to 27th May, 2011
2 Last date for receipt of queries 10th May, 2011
3 Last date for submission of
RFQ Cum RFP 27th May, 2011 at 15.00 hrs at the office of the Chief Executive Officer, Uttarakhand Tourism Development Board, Deen Dayal Upadhaya Paryatan Bhavan Garhi Cantt, near ONGC Helipad Dehradun‐248001 Tel. No. – 0135‐2559900, 2104124, Fax No. ‐0135‐2559898, E Mail‐ ddtourism@ua.nic.in,
4 Date and time of Opening of Technical Proposal
27th May, 2011 at 15.30 hrs onwards
5 Date and time of Opening of Financial Proposal
30th May, 2011 at 11.00 hrs onwards
6 Cost of Bid Document ` 10,000 (Rupees Twenty Five Thousand), payable through account payee demand draft in favour of UTDB payable at Dehradun.
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SECTION IV
GENERAL PROVISIONS
4.1. General Provisions
4.1.1. Non‐Discriminatory and Transparent Bidding Proceedings
UTDB shall ensure that the rules for the Bid Process for the Parking complex are
applied in a non‐discriminatory, transparent and objective manner. UTDB shall not
provide to any Bidder, information with regard to the Parking or the Bidding Process,
which may have the effect of restricting competition.
4.1.2 Prohibition against Collusion with other Bidder Each Bidder shall warrant by its Bid that the contents of its Bid have been arrived at
independently. Any Bid which has been arrived at through consultation, collusion, or
understanding with any other prospective Bidder for the purpose of restricting
competition shall be deemed to be invalid and the Bidder shall lose its Earnest Money
Deposit. The anti‐collusion certificate submitted at the time of submission of RFQ CUM
RFP shall be applicable.
4.1.3 Inducements Any effort by a Bidder to influence processing of Bids or award decision by UTDB, or
any officer, agent or Advisor / Consultant thereof may result in the rejection of such
Bidder’s Bid. In such a rejection of Bid, the Bidder shall lose its Earnest Money Deposit.
4.2 Confidentiality
4.2.1 UTDB shall treat all Bids and other documents, information and solutions submitted by Bidders as confidential, and shall take all reasonable precautions that all those who have access to such material, treat this in confidence. UTDB will not divulge any such information unless it is ordered to do so by any authority, which has the power to require its release.
4.2.2 Each Bidder shall, whether or not submits a Bid, shall treat the RFQ cum RFP Documents and other documents and information provided by UTDB in connection with the Parking or the bidding proceedings as confidential.
4.2.3 UTDB shall have the right to release the Bid information provided by the Bidders to its Advisors for the purpose of Bid evaluation and negotiations. Each Bidder shall have the right to release these RFQ cum RFP Documents and other Documents to its advisors and to financial institutions for the purpose of Bid preparation, negotiations and financing. Both UTDB and the Bidder shall ensure that their Advisors and/ or financial institutions treat this information in confidence.
4.2.4 Any information relating to examination, clarification, evaluation and comparison of bids and recommendations for the award of a contract shall not be disclosed to
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Bidders or any other person not officially concerned with the Bid Process until the award to the Successful Bidder has been communicated, except of reasons of public transparency.
4.3 Communication between Bidders and UTDB,
All communication, unless specified otherwise, on these RFQ cum RFP Documents to
UTDB shall be addressed to:
The Chief Executive Officer, Uttarakhand Tourism Development Board, Deen Dayal Upadhaya Paryatan Bhawan, Garhi‐ Cantt , Near ONGC Helipad, Dehradun, Tel. No. – 0135‐2559900, 2104124, Fax No. ‐0135‐2559898, E Mail‐ ddtourism@ua.nic.in,
All communication to the Bidder shall be sent to the Authorized Representative &
Signatory at the address mentioned in the covering letters to this RFQ cum RFP, unless
UTDB is advised otherwise.
4.4 Interpretation of Documents
UTDB will have the sole discretion in relation to: • The interpretation of this RFQ cum RFP, the Proposals and any documentation
provided in support of the Proposals; • All decisions in relation to the evaluation and ranking of Proposals, whether or not
to request for any clarifications or additional information from Bidder in relation to its Proposal and the selection of the Successful Bidder; and
• UTDB will have no obligation to explain its interpretation of this RFQ cum RFP, the Proposals or their supporting documentation and information or to explain the evaluation process, ranking process or the selection of the Successful Bidder.
4.5. Enquiries concerning the RFQ cum RFP / Draft Concession Agreement
4.5.1. UTDB encourages a careful review of this RFQ cum RFP Documents and preparation of
the observations/ comments by the Bidder. The Bidder should send their queries in writing by the date as set in Schedule of Bidding Process.
4.5.2. UTDB at its discretion may respond to inquiries submitted by any Bidder. Such a response will be sent in writing to all the Bidders and will qualify as an “Addendum”.
4.5.3. All inquiries should be submitted to the UTDB in writing by with a copy marked to the Consultant i.e. UIPC Pvt. Ltd.
4.5.4. No interpretation, revision or other communication regarding this solicitation is valid unless in writing and is signed by an officer so designated by the Chief Executive Officer of UTDB. Written copies of UTDB responses, including a description of the inquiry but without identifying its source, will be sent to all the Bidder(s) and will
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qualify as an “Addendum” 4.6. Amendment of RFQ cum RFP
4.6.1. On its own initiative or/and any further discussions with any/ all Bidder(s), UTDB may
at its own discretion make changes in the technical/commercial parameters for the Parking, which would be common for all the Bidders. Such changes in the technical / commercial parameters of the Parking will qualify as an “Addendum”.
4.6.2. The Addendum will be posted on the website of UTDB and will be binding on the bidders. Each such Addendum shall become part of the RFQ cum RFP Documents.
4.6.3. In order to offer prospective Bidders a reasonable time to take into account an Addendum while preparing their Proposals, or for any other reason, UTDB may, at its discretion, extend the Proposal Due Date.
4.7. Submission of Bids 4.7.1. Document Fee
• The Bidder shall submit Document Fee of ` 10,000/‐ (Rupees Ten Thousand only) along with the Proposal.
• The Bid Document Fee shall be in the form of a Demand Draft in favour of UTDB, payable at Dehradun.
• The Bid Document Fee is non‐refundable. • Bids not accompanied by Bid Document Fee shall be rejected.
4.8. Bid Opening
• All Bids received by UTDB will remain sealed and unopened in UTDB possession until the Proposal Due Date. UTDB shall open all Bids, received on or prior to the Proposal Due Date mentioned under Schedule of Selection Process or on any date as extended by UTDB and communicated to the bidders. The Bids shall be opened in the presence of Bidders’ representatives, who choose to attend. Bidders’ representatives attending the Bid Opening shall register their presence.
• The following information will be announced at the Bid Opening and recorded:
Bidder’s names Names of Joint Venture / Consortium Members
• After the Bid Opening, information relating to the examination, clarification and evaluation of Bids and recommendations concerning the Bid Award shall not be disclosed.
4.9. Earnest Money Deposit
• The Bidder shall submit an Earnest Money Deposit (EMD) for an amount of ` 5,00,000/‐ (` Five lacs only) along with its Proposal.
• The Earnest Money Deposit shall be in the form of a FDR/Call Deposit of an
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Indian Scheduled Commercial Bank or a Bank Guarantee in favour of UTDB, payable at Dehradun.
• The EMD shall be valid for a minimum period of 30 days more than Bid Validity Period. Upon any extension of the Bid Validity Period, the validity of the EMD shall be extended by the corresponding period.
• UTDB shall have the right to reject the Proposal, which does not include the Earnest Money Deposit as non‐responsive.
• The EMD of Unsuccessful Bidders, except the second successful bidder will be returned within a period of thirty (30) days from the date of acceptance of Letter of Award by the Successful Bidder. However, the EMD of second successful bidder shall be returned on signing of the concession agreement by the successful bidder.
• The EMD of the Successful Bidder shall be returned on submission of Performance Security by the Successful Bidder to the Concessioning Authority as per Section 4.10 of this RFQ cum RFP Document.
• In addition to the above, UTDB will promptly release EMD of all the Bidders in the event UTDB decides to terminate the Bidding Process.
• The EMD shall be forfeited by UTDB in any of the following case:
The Bidder withdraws his bid after the Proposal Due Date, Successful Bidder fails to accept Letter of Award, Successful Bidder fails to submit the Performance Security or
Non‐compliance to the provisions of Draft Concession Agreement,
4.10. Performance Security
The Successful Bidder shall for due and faithful performance of its obligations during the Parking concession Period, provide to UTDB, Uttarakhand a performance Security amounting to 5% of the Annual Concession Fee in the form of a Bank Guarantee (in the format prescribed in the RFQ cum RFP) from any Indian Scheduled Commercial Bank.
The performance security shall be provided within 15 days of issue of Letter of Award by UTDB prior to the signing of Concession Agreement. The Performance Security shall be released to the Successful Bidder as per provisions of the Draft Concession Agreement. The Performance Security in the form of bank guarantee shall remain in force upto the date of the expiry of the Concession Period. It shall be duly discharged and released to the Concessionaire within one month from the date of the expiry of Concession Period after adjustment of any balance dues towards the Concessionaire or for restoration of any damages to the parking complex.
The performance security in the form of bank guarantee shall be renewed every year beyond the period of one month from the date of the expiry of the Concession Period by the Concessionaire. If the Agreement is terminated due to any event other than a Concessionaire Event of Default, the Performance Security shall, subject to the Concessioning Authority’s right to receive or recover amounts, if any, due from the
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Concessionaire under this Agreement, be duly discharged and released to the Concessionaire. Upon occurrence of a Concessionaire Default, the Concessioning Authority shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to invoke and appropriate the relevant amounts from the Performance Security as Damages for such Concessionaire Default. Upon such invocation and appropriation from the Performance Security, the Concessionaire shall, within 15 (fifteen) days thereof, replenish, in case of partial appropriation, the Performance Security to its original level, and in case of appropriation of the entire Performance Security provide a fresh Performance Security, as the case may be, and the Concessionaire shall, within the time so granted, replenish or furnish fresh Performance Security as aforesaid failing which the Concessioning Authority shall be entitled to terminate this Agreement in accordance with Article 12 of the Concession Agreement. In case the successful bidder fails to furnish the Performance Security within the stipulated time as mentioned herein, the LOA shall stand void, Bid Security of the Bidder shall be confiscated in the interest of the State Government and fresh LOA will be issued to the second highest bidder.
*****
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SECTION V
METHODOLOGY & CRITERIA FOR EVALUATION OF BID
5. DESCRIPTION OF THE EVALUATION PROCESS
5.1. CRITERIA FOR EVALUATION
5.1.1. Evaluation Parameters
The Bidder's competence and capability is proposed to be established by evaluating the following parameters:
(a) Financial capability factor, in terms of:
i. Turnover, ii. Net worth, iii. Net cash accruals,
(b) Past Experience in operation of parking area,
On each of these parameters, the Bidder would be required to meet the evaluation criteria as detailed in this Section. Bidders meeting all the criteria only will be qualified for further evaluation of the Proposal.
5.1.2 The Bidders should provide information regarding the above based on audited annual accounts. The Application must be accompanied by the audited Balance Sheet and Profit and Loss Account of the Bidder (of each member in case of Joint Venture / consortium) as per Appendix 4 for the last three (3) completed Financial Years.
5.1.3 Eligible Experience This is not an essential criteria but preference will be given for experience in operation, maintenance and development of Parking’s in last five years.
5.2. Evaluation Criteria for Financial Capability
For the purpose of Qualification, the applicant – a single entity or Joint Venture / consortium should demonstrate the Threshold Financial Capability measured on the following criteria:
1. Minimum Turnover of ` 1.00 Crore (` One Crore) in the last five financial years but not earlier than 2005‐06
2. Minimum Net worth of ` 50.00 Lacs (Rupees Fifty Lacs) for the Financial Year 2010‐11 as certified by Chartered Accountant. or
3. Minimum Aggregate Net Cash Accruals of ` 25.00 Lacs (Rupees Twenty Five Lacs) for the previous three (3) financial years.
Note :‐ For the purpose of evaluation for a Consortium, the Net Worth and the
Aggregate Net Cash Accrual would be taken as the aggregate of all the Consortium Partners having more than 10% stake of the total equity of the
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Consortium. 5.3. Special Conditions for Joint Venture / Consortium
In case the Bidder is a Consortium, turnover, net worth and net cash accruals would be taken as an arithmetic sum of net worth, turnover and net cash accruals of each member of the Joint Venture /Consortium, provided their stake in the Joint Venture / Consortium are more than 10%. The JV /Consortium would be required to meet the threshold criteria on the basis of aggregate figures subject to provisions of this Clause.
5.4 Evaluation of Financial Proposal (Assessment of Envelope B)
Financial Proposal of the Bidders only who have qualified financial capability Criteria
(Clause 5.2) on the evaluation of envelope A would be evaluated. The evaluation
criteria for assessment of the Financial Proposals are described in Section VI of this
RFQ cum RFP. In case of ambiguity between the amount in words and figures the
former shall prevail.
*****
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SECTION –VI
EVALUATION OF FINANCIAL BID
6 Financial Proposal Evaluation
• This part of the Request for Proposal provides information on the methodology that will be used to evaluate the Financial Proposals received.
• The Parking will be awarded to such Eligible Bidder, which submits a responsive
Bid and offers to enter into a Draft Concession Agreement on the best financial terms with UTDB.
• The RFQ cum RFP Documents stipulate the minimum qualification for the
Parking. Bid Evaluation Committee reserves the right to reject the Proposals, which do not conform to the provisions stipulated in the RFQ cum RFP Documents.
• Financial Proposal of only those Bidders, who have qualified the financial
threshold limit after evaluation of Envelope A, would be opened and evaluated. The Financial Proposals of the non‐responsive Bidders would be returned to the respective Bidders unopened.
• Bid Evaluation Committee shall evaluate and submit its recommendations to the
competent authority. 6.1 Responsiveness of Financial Proposal
The Tender Committee constituted by UTDB, Uttarakhand will open Envelope ‘B’ of
only those Bidder(s) who have qualified the financial threshold limit after evaluation of
Envelope A as per Clause 5.2 of this document. Any bid containing caveats/ deviations
from RFQ cum RFP Documents is liable to be rejected by UTDB.
Bidders shall be ranked as per the annual revenue payable in five annual installments
payable every year from the date of the signing of the concession agreement. The
proposal of the bidder quoting the highest annual revenue shall be considered as the proposal having highest financial score. The proposal with highest financial score would be ranked first.
6.2 Obligation of the Preferred Bidder
• UTDB shall issue a Letter of Award to the Successful Bidder which needs to be accepted within 15 days of issuance of Letter of Award.
• The Successful Bidder shall enter into Concession Agreement with UTDB for the
Parking complex within 30 days of issuance of LOA.
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• The successful Bidder shall be required to give performance security before
signing of the Concession Agreement within 30 days of issue of Letter of Award. If the Successful Bidder fails in entering into contract (Concession Agreement) as required without giving the required clarifications to the satisfaction of UTDB, UTDB reserves the right to forfeit the Bid Security of the Bidder and to begin negotiations with the next highest ranked Bidder.
‐ UTDB also reserves the right to reject any Proposal if:
– At any time, a material misrepresentation is made or uncovered, or – The Bidder does not respond promptly and thoroughly to the requests for
supplementary information required for evaluation of the Proposal. – The Proposal deviates from the commercial parameters of these RFQ cum RFP
Documents.
*****
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APPENDIX 1A
FORMAT FOR POWER OF ATTORNEY FOR SIGNING PROPOSAL (On a Stamp Paper of appropriate value)
POWER OF ATTORNEY
Know all men by these presents, we ____________ (name and address of the registered office) do hereby constitute, appoint and authorize Mr./Ms. _____________________ (name and address of residence) who is presently employed with us and holding the position of __________________ as our attorney, to do in our name and on our behalf, all such acts, deeds and things necessary in connection with or incidental to our proposal for the Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking), Haridwar on Modernisation, Operation, Maintenance, management & allied development (O&M) basis in the state of Uttarakhand, including signing and submission of all documents and providing information/ responses to, Uttarakhand Tourism Development Board, (UTDB), representing us in all matters before GOU, and generally dealing with UTDB in all matters in connection with our proposal for the said Parking.
We hereby agree to ratify all such acts, deeds and things lawfully done by our said attorney pursuant to this Power of Attorney and that all such acts, deeds and things lawfully done by our aforesaid attorney shall and shall always be deemed to have been done by us.
For ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
(Signature) (Name, Title and Address) Accepted
________________ (Signature)
(Name, Title and Address of the Attorney)
Company seal & stamp
Notes: 1. To be executed by the sole Bidder or the Lead Member in case of a Consortium
duly supported by a Board Resolution. 2. The mode of execution of the Power of Attorney should be in accordance with
the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required the same should be under common seal affixed in accordance with the required procedure.
3. Also, where required, the executants(s) should submit for verification the extract of the charter documents and documents such as a resolution / power of attorney in favour of the Person executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.
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APPENDIX 1B
FORMAT FOR POWER OF ATTORNEY FOR LEAD MEMBER OF CONSORTIUM
(On a Stamp Paper of appropriate value)
POWER OF ATTORNEY
Whereas Uttarakhand Tourism Development Board (UTDB), has invited Proposals from interested parties for the Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking), Haridwar] on Modernisation, Operation, Maintenance, Management & Allied Development (O&M) basis in the state of Uttarakhand, ("the Parking"). Whereas, the members of the Consortium are interested in bidding for the Parking complex in accordance with the terms and conditions of the Bid Document and other connected documents in respect of the Parking Complex, and Whereas, it is necessary under the Bid Document for the members of the Consortium to nominate one of them as the Lead Member with all necessary power and authority to do for and on behalf of the Consortium, all such acts, deeds and things as may be necessary in connection with or incidental to the Consortium’s proposal for the Parking Complex. NOW THIS POWER OF ATTORNEY WITNESSETH THAT: We, M/s. _________________, and M/s. ________________ (the respective names and addresses of the registered office) do hereby constitute, appoint and authorize M/s. __________________________ as the Lead Member of the Consortium and as our attorney, to do on behalf of the Consortium, all or any of such acts, deeds or things as may be necessary in connection with or incidental to the Consortium’s proposal for the Parking, including submission of application/ proposal, participating in conferences, responding to queries, submission of information/ documents and generally to represent the Consortium in all its dealings with Uttarakhand Tourism Development Board, (UTDB), or any other Government Agency or any person, in connection with the Parking until culmination of the process of bidding and thereafter till the Concession Agreement is entered into with Uttarakhand Tourism Development Board (UTDB). We hereby agree to ratify all such acts, deeds and things lawfully done by Lead Member as our said attorney pursuant to this Power of Attorney and that all acts deeds and things lawfully done by our aforesaid attorney shall and shall always be deemed to have been done by us/Consortium. Dated this _______ Day of ________ 2011_.
(Executants) (To be executed by all the members of the Consortium)
Company seal & stamp
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Note:
1. The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required the same should be under common seal affixed in accordance with the required procedure.
2. The executant(s) should submit for verification the extract of the charter documents and documents such as Board Resolution and Power of Attorney in favour of the person executing this Power of Attorney in favour of the Lead Member.
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APPENDIX 2 DETAILS OF BIDDER 1. (a) Name
(b) Country of Incorporation (c) Address of the corporate headquarters and its branch office (s), if any, in India (d) Date of incorporation and / or commencement of business
2 Brief description of the Company including details of its main lines of business. 3 Name, Designation, Address and Phone Nos. of Authorized Signatory of the
Bidder (a) Name: (b) Designation: (c) Company: (d) Address: (e) Telephone No: (f) E‐mail Address: (g) Fax No:
4 Details of individual (s) who will serve as the point of contact / communication for UTDB, within the Company (a) Name: (b) Designation: (c) Address: (d) Telephone No. (e) E‐mail address: (f) Fax No.
5 In case of Consortium: (a) The information above (1‐4) should be provided for all the Members of the
Consortium. (b) Information regarding role of each Member should be provided as per table
below: Sl.No Name Of Member % Equity
1
2
3
Specify whether Lead Member, Associate Member
(Signature of Authorised Signatory) Company seal & stamp
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APPENDIX 3
FORMAT FOR LETTER OF APPLICATION
[On the Letter Head of the Bidder (in case of Single Bidder) or Lead Member (in case of a Joint Venture /Consortium)]
Date: ‐‐‐‐‐‐‐‐‐‐‐
The Chief Executive Officer, Uttarakhand Tourism Development Board Deen Dayal Upadhaya Paryatan Bhawan, Near ONGC Helipad,Garhi Cantt Government Of Uttarakhand. Sub.‐ Modernisation, operation, maintenance, management and allied development
of Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking), Haridwar in the state of Uttarakhand.
Sir, Being duly authorized to represent and act on behalf of _________________
(hereinafter referred to as "the Bidder"), and having reviewed and fully understood all of the qualification requirements and information provided, the undersigned hereby expresses it’s interest and apply for qualification for the [insert name of Parking].
We are enclosing our Proposal, in one Original and one copy, with the details as per the requirements of the Bid Document, for your evaluation.
The undersigned hereby also declares that the statements made and the information provided in the Proposal is complete, true and correct in every detail.
We confirm that the application is valid for a period of 180 days from the due date of submission of application and unconditional.
We hereby also confirm the following:
1. The Proposal is being submitted by (name of the biding Company/Lead Consortium member) who is the Bidding Company/the Lead Consortium Member of the Bidding Consortium Comprising (mention the names of the entities who are the Consortium Members), in accordance with the conditions stipulated in the RFQ cum RFP.
2. We have examined in detail and have understood the terms and conditions stipulated in the RFQ cum RFP Document issued by UTDB and in any subsequent communication sent by UTDB. We agree and undertake to abide by all these terms and conditions. Our Proposal is consistent with all the requirements of submission as stated in the RFQ cum RFP or in any of the
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subsequent communications from UTDB. 3. We confirm that there are no conditions in “Envelope B: Financial Proposal”.
4. The information submitted in our Proposal is complete, is strictly as per the
requirements stipulated in the RFQ cum RFP, and is correct to the best of our knowledge and understanding. We would be solely responsible for any errors or omissions in our Proposal.
5. We confirm that we have studied the provisions of the relevant Indian laws and Regulations required to enable us to prepare this Financial Proposal and as required to Modernise, Operate , Maintain, Manage & allied development of Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking), Haridwar in the event that we are finally selected.
6. We confirm that all the terms and conditions of the Proposal are firm and valid for acceptance for a period of 180 days from the Proposal due date.
Our PAN number is ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Our TAN number is ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Thanking You,
Yours Sincerely,
For and on behalf of : (name of the Bidding Company / Lead Consortium Member and the Company Seal) Signature : (Authorised Representative & Signatory) Name of the Person : Designation :
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APPENDIX 4
FORMAT FOR ESTABLISHING FINANCIAL CAPABILITY OF THE BIDDER
Bid Response Sheet‐ 1 (BRS‐1)
Format for Financial Capability of Single Entity Bidder
Turnover, Net Worth and Net Cash Accruals
Net Worth
(Rs. Crores)
Net Cash Accruals (CA)
(Rs. Crores)
Turnover
(Rs. Crores)
2010‐11 Year Year Year Year Year Year
(Signature of Authorised Signatory)
Company seal & stamp
Signature , Name, Address and Membership No. of Chartered Accountant
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BID RESPONSE SHEET‐ 2 (BRS‐2)
Format for Financial Capability of Joint Venture/ Consortium Turnover, Net Worth and Net Cash Accruals Bidder Type Equity
Share (%)
Turnover
(Rs. Crores)
Net Worth
(Rs. Crores)
Net Cash Accruals (CA)
(Rs. Crores)
Year
Year
Year
As on 31st March 2011
Year
Year
Year
Total CA
Consortium Member 1
Consortium Member 2
Consortium Member 3
Total
Aggregate Turnover = Rs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ crores Aggregate Net worth = Rs ________ crores Aggregate Net Cash Accruals = Rs ______ crores (Signature of Authorised Signatory) Company seal & stamp Signature , Name, Address and Membership No. of Chartered Accountant
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Bid Response Sheet‐3 (BRS‐3)
( If the Bidder is a Joint Venture / consortium the Financial Details of all the members. The Financial Details should be provided in the following manner. Name of Member: SN Particulars as per the Audited
Balance Sheet Year 3 Year 2 Year 1 Total
1 Profit After Tax (PAT)
2 Depreciation
3 Other non‐cash expenditure
4 Subscribed and paid up Equity
5 Reserves
6 Revaluation reserves
7 Miscellaneous expenditure not written off
8 Deferred Revenue Expenditure
9 Deficit in Profit & loss Account
10 Net Cash Accruals= (1+2+3)
11 Net Worth=(4+5‐6‐7‐8‐9)
(Signature of Authorised Signatory) Company seal & stamp
Signature , Name, Address and Membership No. of Chartered Accountant
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GUIDELINES FOR PROVIDING INFORMATION RELATED TO FINANCIAL CAPABILITY
1. The Bidder should provide the Financial Capability based on its own audited financial statements. Financial capability of the Bidder's parent company or its subsidiary or any associate company (who are not Members of the consortium) will not be considered for computation of the Financial Capability of the Bidder.
2. Member Code LM = Lead member, AM = Associate Member 3. Instructions for calculation of Financial Capability:
(a) Net Cash Accruals = (Profit After Tax + Depreciation + Other non‐cash expenditure)
(b) Net Worth = Subscribed and Paid‐up Equity (including Share Premium, if any) + Reserves ‐ Revaluation Reserves ‐ Miscellaneous expenditure not written off‐Deferred Revenue Expenditure‐Deficit in Profit & Loss Account
(c) The financial year would be the same as followed by the Bidder for its annual report.
Year 1 will be the last Financial Year. Year 2 shall be the year immediately preceding Year 1.
(d) The Bidder shall provide audited Annual Reports as required under this Bid
Document. For a Joint Venture /Consortium, audited Annual Reports of all Members
shall be provided. (e) In case of a Consortium comprising of members with holdings in each other,
the cross holdings between the group companies comprising part of the Consortium will be deducted for the purpose of Net Worth calculations.
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APPENDIX 5
FORMAT FOR ANTI‐COLLUSION CERTIFICATE [To be submitted on the letter heads of the bidders separately]
Anti‐Collusion Certificate
Date: ‐‐‐‐‐‐‐‐‐‐‐‐ The Chief Executive Officer, Uttarakhand Tourism Development Board Deen Dayal Upadhaya Paryatan Bhawan, Near ONGC Helipad, Garhi Cantt
Dehradun. Sub.‐ Modernisation, operation, maintenance, management and allied development of
Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking), Haridwar in the state of Uttarakhand.
Sir,
We hereby certify and confirm that in the preparation and submission of this Bid, we have not acted in concert or in collusion with any other Bidder or other person(s) and also not done any act, deed or thing which is or could be regarded as anti‐competitive, restrictive or monopolistic trade practice.
We further confirm that we have not offered nor will offer any illegal gratification in cash or kind to any person or agency in connection with the instant Bid.
Dated this ______________ Day of ________________, 2011
Name of the Bidder Signature of the Authorised Person
Note: To be submitted by each Member in case of Joint Venture /Consortium.
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APPENDIX 5A
FORMAT FOR UNDERTAKING REGARDING ANY DISQUALIFICATION
[To be submitted on the letter heads of the bidders separately]
The Chief Executive Officer, Uttarakhand Tourism Development Board Deen Dayal Upadhaya Paryatan Bhawan, Near ONGC Helipad, Garhi Cantt Dehrdun. Sub.‐ Modernisation, operation, maintenance, management and allied development
of Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking), Haridwar in the state of Uttarakhand.
Sir, ` We have read and understood the Bid Document in respect of the captioned Parking provided to us by The Chief Executive Officer, Uttarakhand Tourism Development Board. We hereby agree and undertake as under: (a) Notwithstanding any qualifications or conditions, whether implied or
otherwise, contained in our Bid we hereby represent and confirm that our Bid is unqualified and unconditional in all respects.
(b) We are not barred by the Government of India or any State Government or any of their Agencies or their Departments from participating in any Project (O&M or otherwise).
Dated this ___________________ Day of _______________, .
Name of the Bidder
Signature of the Authorised Person
Company seal & stamp
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APPENDIX 5 B
FORMAT FOR UNDERTAKING REGARDING J/V, CONSORTIUM PARTNER
[In case of Joint Venture /Consortium]
[To be submitted on the letter heads of the bidders separately]
The Chief Executive Officer, Uttarakhand Tourism Development Board Deen Dayal Upadhaya Paryatan Bhawan, Near ONGC Helipad, Garhi Cantt Dehradun. Sub.‐ Modernisation, operation, maintenance, management and allied development
of Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking), Haridwar in the state of Uttarakhand.
Sir, We have read and understood the Bid Document in respect of the captioned
Parking provided to us by The Chief Executive Officer, Uttarakhand Tourism Development Board. We hereby agree and undertake to be an exclusive member of the consortium and not a member of any other consortium nor an independent Bidder, bidding for this Parking and has submitted only one (1) Application in response to this RFQ CUM RFP
Dated this ___________________ Day of _______________2011.
Name of the Bidder
Signature of the Authorised Person
Company seal & stamp
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APPENDIX‐6
Consultancy and Success Fee Commitment to Uttarakhand Infrastructure Company Private Limited, Dehradun
The Chief Executive Officer, Uttarakhand Tourism Development Board Deen Dayal Upadhaya Paryatan Bhawan, Near ONGC Helipad, Garhi Cantt Dehradun. Sub: Commitment to pay the Success Fee and Consultancy Fee to UIPC Pvt. Ltd.
Sir, We ___________( the “Member”), /[ our Joint Venture /consortium consisting of the following members ( the “Member”)] 1 [Lead party] 2[ ] 3[ ] Have /[Has] submitted our/ [its] Bid for the Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking), Haridwar on Modernisation, Operation, maintenance, management, and allied development (O&M) basis in the state of Uttarakhand . We hereby confirm that if the Single Entity / Joint Venture /Consortium is selected as the successful bidder for Modernise, operation, maintenance, management and allied development of the Parking complex, we shall pay UIPC Pvt Ltd (Consultant) through UTDB, the following Consultancy & Success fees for the Consultancy Services prior to signing of the Concession Agreement:‐ A. The Consultancy Fee of ` 2,00,000/‐(Rupees Two Lacs. only) exclusive of all
applicable taxes. B. The Success Fee of 2% of the gross revenue payable to UTDB over the
Concession Period (Total of Four Years) exclusive of all applicable taxes.
C. The Consultancy & Success Fee shall be payable through a Bank Draft in Favour of UIPC Pvt. Ltd. payable at Dehradun and shall be handed over to UTDB.
SIGNATURE _____________ NAME _____________ DESIGNATION _____________ COMPANY SEAL COMPANY ______________ DATE _______________
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APPENDIX‐7
Format of Letter of Acceptance (The Letter of Acceptance is to be submitted by EACH Joint Venture /Consortium
Member of the Bidding Consortium)
The Chief Executive Officer, Uttarakhand Tourism Development Board Deen Dayal Upadhaya Paryatan Bhawan, Near ONGC Helipad,Garhi Cantt Dehradun. Sub: Proposal for selection of Successful Bidder to Modernise, Operate, Maintain,
Manage & allied Development of the Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking), Haridwar.
Dear Sir, This has reference to the Proposal being submitted by (name of the Lead Consortium Member of the Bidding Consortium), as Lead Consortium Member of the Bidding Consortium comprising (mention name(s) of the Joint Venture /Consortium Members) in respect of selection of Successful Bidder to Modernise, Operate, Maintain, Manage & allied development of the Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking), Haridwar in response to the RFQ cum RFP Document issued by UTDB. We hereby confirm the following: a) We (name of the Consortium Members furnishing the Letter of Acceptance), have
examined in detail and have understood and satisfied ourselves regarding the contents including in respect of the following: • The RFQ cum RFP Document issued by UTDB; • All subsequent communication between UTDB and the Bidder, represented by
(Mention name of the Lead Consortium Member) • The Proposal being submitted by (name of the Lead Consortium Member)
b) We agree to abide by the terms and conditions of the RFQ cum RFP Document and the Proposal being submitted by the Lead Consortium Member in respect of the Parking.
c) We also reaffirm that (name of the Lead Consortium Member) continues to be the Lead Consortium Member and that (please give name, designation and address of authorized representative and signatory here) designated as the authorized representative and signatory of the Lead Consortium Member of the Bidding Consortium is the authorized representative and signatory in respect of all matters concerning our Proposal for this Parking and contractual commitments thereof.
Thanking You, Yours Sincerely,
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APPENDIX‐8
Format of Letter of Commitment
(The Letter of Commitment is to be submitted by EACH Promoter(s) and/or Joint Venture partners / Consortium Members of the Bidding Consortium whose strength have to be credited for)
The Chief Executive Officer, Uttarakhand Tourism Development Board, Deen Dayal Upadhaya Paryatan Bhawan, Near ONGC Helipad, Garhi Cantt Government Of Uttarakhand. Sub: Proposal for selection of Successful Bidder to Modernise, Operate, Maintain ,
Manage and allied development the Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat) Parking, Haridwar,
Dear Sir, This has reference to the Proposal being submitted by (name of the Lead Consortium Member of the Bidding Consortium), as Lead Consortium Member of the Bidding Consortium comprising (mention name(s) of the Consortium Members) in respect of selection of Successful Bidder to Modernise, Operate, Maintain, Manage and Allied Development of Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking), Haridwar in response to the RFQ cum RFP Document issued by UTDB. We hereby confirm the following: 1. We (name of the Promoter/s), have examined in detail and have understood
and satisfied ourselves regarding the contents including in respect of the following:
a. The RFQ cum RFP Document issued by UTDB; b. All subsequent communication between UTDB and the Bidder,
represented by (name of the Bidding Company or of the Lead Consortium Member in case of a Bidding Consortium);
c. The Financial Proposal being submitted by (name of the Bidding Company or of the Lead Consortium Member in case of a Bidding Consortium)
1. We agree to abide by the terms and conditions of the RFQ cum RFP Document
and the Proposal being submitted by the Bidding Company / Lead Consortium Member in respect of the Parking Complex.
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3. We also reaffirm that (please give name, designation and address of authorized
representative and signatory here) designated as the authorized representative and signatory of the Bidding Company / Lead Consortium Member of the Bidding Consortium is the authorized representative and signatory in respect of all matters concerning our Proposal for this Parking and contractual commitments thereof.
Thanking You,
Yours Sincerely,
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APPENDIX‐9
Financial Proposal
(To be provided on the letterhead of the Bidder) The Chief Executive Officer, Uttarakhand Tourism Development Board, Deen Dayal Upadhaya Paryatan Bhawan, Near ONGC Helipad, Garhi Cantt Dehradun. Sub: Proposal for selection of Successful Bidder to Modernise, Operate, Maintain,
Manage & Allied Development of the Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking), Haridwar,
Dear Sir, 1. We the undersigned Bidder, submit the following as our Financial Proposal in
response to the RFQ cum RFP issued by UTDB. Rs……………………(Rupees Only) being annual Concession Fee payable annually from the date of signing of the concession agreement to be given to UTDB in form of Demand Draft in favour of Uttarakhand Tourism Development Board, Dehradun payable at Dehradun to Modernise, Operate, Maintain, Manage & allied Development of Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat Parking), Haridwar.
2. We confirm that the annual revenue of the Parking Complex shall be enhanced
@ of 10% after every two years over the previous annual Concession Fee.
3. We confirm that Parking Fee, rates for other revenues and value added services shall be as prescribed /approved by UTDB.
4. We confirm that the Financial Proposal conforms to all the terms and
conditions stipulated in the Request for Proposal Document.
5. We confirm that our Financial Proposal is FINAL in all respects and contains NO conditions.
6. We confirm that in the event of more than one Responsive Bidders quoting the same lumpsum value, UTDB shall break the tie by way of draw between such Bidders.
8. We confirm that, the information submitted in our Financial Proposal is
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complete and is correct to the best of our knowledge and understanding. We would be solely responsible for any errors or omissions in our Proposal.
9. We confirm that we have studied the provisions of relevant Indian laws and
regulations required to enable us to prepare this Financial Proposal and as required to operate and transfer the Parking, in the event that we are finally selected.
Thanking You,
Yours Sincerely, For and on behalf of : (name of the Bidding Company / Lead Consortium Member and the Company Seal) Signature : (Authorised Representative & Signatory) Name of the Person : Designation :
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APPENDIX‐10
Format for Proposal /Bid Security (Bank Guarantee)
PROPOSAL SECURITY FORMAT
UNCONDITIONAL AND IRREVOCABLE BANK GUARANTEE Bank Guarantee No.:_____________ Dated:_________________ Issuer of Bank Guarantee: __________________(Name of the Bank) __________________________________ __________________________________ (hereinafter referred to as the “Bank”) Beneficiary of Bank Guarantee: Uttarakhnad Tourism Development Board (UTDB) Nature of Bank Guarantee: Unconditional and irrevocable Bank Guarantee. Context of Bank Guarantee: In pursuance of Clause ____ of Section‐I of the Request for Proposal Document dated____ (hereinafter referred to as the “RFQ cum RFP document” inclusive of draft Concession Agreement) for the Modernisation Operation, Maintenance, Management and Allied Development of Pandit Deen Dayal Upadhaya Parking Complex (Dhobighat parking) at Haridwar (hereinafter referred to as the “Parking”), provided however, such context of the Bank Guarantee or reference to the Agreement in this Bank Guarantee shall in no manner to relied upon at any stage to adversely affect or dilute the unconditional and irrevocable nature of this Bank Guarantee. The Contract of Bank Guarantee is an independent Contract between the Bank and UTDB and is not dependent upon execution or performance of any Agreement between UTDB and __________(name of the Bidder). Operative part of the Bank Guarantee: 1. At the request of the ____ (name & address of the Bidder), we
________________________, ___________________ (name and address of the bank), hereinafter referred to as the “Bank”), do hereby unconditionally and irrevocably affirm and undertake that we are the Guarantor and are responsible to the UTDB i.e. the beneficiary on behalf of the Bidder, up to a total sum of ` ‐‐‐‐‐‐‐‐‐‐‐‐Lacs. (Rupees ‐‐‐‐‐‐‐‐‐ Lacs Only), such sum being payable by us to the UTDB immediately upon receipt of first written demand from UTDB.
2. We unconditionally and irrevocably undertake to pay to the UTDB on an immediate basis, upon receipt of first written demand from the UTDB and without any cavil or argument or delaying tactics or reference by us to Bidder and without any need for the UTDB to convey to us any reasons for invocation of the Bank Guarantee or to prove the failure on the part of the Bidder to repay the amount of _______ or to show grounds or reasons for the demand or the sum
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specified therein, the entire sum or sums within the limits of ` ___ Lacs (Rupees _____ Lacs Only).
3. We hereby waive the necessity of the UTDB demanding the said amount from Bidder prior to serving the Demand Notice upon us.
4. We further agree and affirm that no change or addition to or other modification to the terms of the Agreement, shall in any way release us from any liability under this unconditional and irrevocable Bank Guarantee and we hereby waive notice of any such change, addition or modification. We further agree with the UTDB that the UTDB shall be the sole and the exclusive judge to determine that whether or not any sum or sums are due and payable to him by Bidder, which are recoverable by the UTDB by invocation of this Bank Guarantee.
5. This Bank Guarantee will not be discharged due to the change in constitution of the Bank or the Bidder. We undertake not to withdraw or revoke this Bank Guarantee during its currency/ validity period, except with the previous written consent of the UTDB.
6. We unconditionally and irrevocably undertake to pay to the UTDB, any amount so demanded not exceeding ` ____ Lacs (Rupees ____ Lacs Only), notwithstanding any dispute or disputes raised by Bidder or anyone else in any suit or proceedings before any dispute review expert, arbitrator, court, tribunal or other authority, our liability under this Bank Guarantee being absolute, unconditional and unequivocal. The payment so made by us under this Bank Guarantee to the UTDB, shall be a valid discharge of our liability for payment under this Bank Guarantee and the Bidder shall be a valid discharge of our liability for payment under this Bank Guarantee and the Bidder shall have no claim against us for making such payment.
7. This unconditional and irrevocable Bank Guarantee shall remain in full force and effect and shall remain valid until ______________ (180 days from the Proposal Due Date).
Notwithstanding any contained herein: 1. Our liability under this Bank Guarantee shall not exceed Indian `___ Lacs
(Rupees ____ Lacs Only). 2. This unconditional and irrevocable Bank Guarantee shall be valid w.e.f.
__________ (Date of Submission of Bid) to ____________. We are liable to pay the guaranteed amount or any part thereof under this unconditional and irrevocable Bank Guarantee only and only if Uttarakhand Tourism Development Board (UTDB), serves upon us a written claim or demand on or before _________________________. __________________
Authorized Signatory For Bank
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