CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA ...dmer.maharashtra.etenders.in/tpoimages/cidco/tender/Tender567.pdf · Selection of Operator for Navi Mumbai Exhibition

CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED (CIDCO)

Having its registered office at Nirmal, 2nd Floor, Nariman Point, Mumbai - 400 021

Request for Proposal (RFP)

March 2014

for

Selection of Operator for Navi Mumbai Exhibition Centre at Vashi,

Navi Mumbai

(This document is meant for the exclusive purpose of submitting the Request for Proposal against this RFP document and shall not be transferred, reproduced or otherwise used for purposes other than

that for which it is specifically issued.This is not the entire RFP document and comprises of Volume 1 only)

Scheme No: C.A. NO.01/CIDCO/GM(IT&SP)/2013-14

Selection of Operator for Navi Mumbai Exhibition Centre at Vashi, Navi Mumbai

2 Request for Proposal

Volume 1 – Request for Proposal



CONTENTS

1 DISCLAIMER .................................................................................................. 5

2 SNAPSHOT OF RFP ...................................................................................... 6

3 PROJECT BACKGROUND ............................................................................ 9

3.1 The Project ......................................................................................................................... 9

3.2 Contract Structure .......................................................................................................... 18

3.3 Contents of RFP .............................................................................................................. 18

4 PRINCIPAL DOCUMENT ............................................................................. 19

4.1 Definitions ........................................................................................................................ 19

4.2 Instruction to Bidders ..................................................................................................... 21

4.3 Description of Selection Process .................................................................................. 31

5 EVALUATION OF PROPOSAL .................................................................... 35

5.1 Evaluation of Technical and Financial Capability ....................................................... 35

5.2 Evaluation of Commercial Proposal ............................................................................. 37

6 FRAUD AND CORRUPT PRACTICES ......................................................... 39

7 PRE-BID CONFERENCE ............................................................................. 41

8 MISCELLANEOUS ....................................................................................... 42

9 ACKNOWLEDGEMENT OF RECEIPT OF RFP DOCUMENT AND NOTICE OF INTENT TO SUBMIT PROPOSALS ................................................................... 43

10 FORMAT OF COVERING LETTER .............................................................. 45

11 FORMAT OF LETTER OF ACCEPTANCE .................................................. 47

12 FORMAT OF LETTER OF COMMITMENT .................................................. 49



13 DESCRIPTION OF BIDDER ......................................................................... 51

14 FORMAT OF POWER OF ATTORNEY FOR DESIGNATING LEAD CONSORTIUM MEMBER ............................................................................................................ 53

15 FORMAT FOR POWER OF ATTORNEY FOR DESIGNATING AN AUTHORISED REPRESENTATIVE ............................................................................................ 54

16 FORMAT FOR UNDERTAKING ................................................................... 55

17 INFORMATION FORMAT FOR TECHNICAL CAPABILITY ........................ 56

18 INFORMATION FORMAT FOR FINANCIAL CAPABILITY .......................... 61

19 COMMERCIAL PROPOSAL FORMAT ........................................................ 63

20 FORMAT OF BANK GUARUANTEE FOR BID SECURITY ......................... 64

21 FORMAT FOR SEEKING CLARIFICATIONS .............................................. 66



1 DISCLAIMER

1. City and Industrial Development Corporation of Maharashtra Limited ("CIDCO") has taken adequate

care in the preparation of this Request for Proposal (RFP) Document. Nevertheless the Bidder should

satisfy itself that the RFP Document is complete in all respects. Intimation of any discrepancy shall be

given to this office immediately. If no intimation is received by this office, from any Bidder within five

days from the date of issue of this RFP Document, it shall be presumed that the issued RFP

Document, which has been received by the Bidder, is complete in all respects.

2. Neither CIDCO, nor its employees, consultants, advisors accept any liability or responsibility for the

accuracy or completeness of, nor make any representation or warranty - express or implied, with

respect to the information contained in the RFP Document, or on which the RFP Document is based,

or any other information or representations supplied or made in connection with the Selection

Process.

3. Neither CIDCO nor its employees or consultants will have any liability to any Bidder or any other

person under any law, statute, rules or regulations or otherwise for any loss, expense or damage

which may arise from or be incurred or suffered in connection with any information contained in this

RFP Document, any matter deemed to form part of this RFP Document, the award of the Project, the

information and any other information supplied by or on behalf of CIDCO or their employees or any

consultants or otherwise arising in any way from the Selection Process for the Project.

4. The RFP Document does not address concerns relating to diverse investment objectives, financial

situation and particular needs of each party. The RFP Document is not intended to provide the basis

for any investment decision and each Bidder should make its / their own independent assessment in

respect of various aspects of the techno-economic feasibilities of the Project. No person has been

authorized by CIDCO to give any information or to make any representation beyond the containment

of this RFP Document.

5. Nothing in the RFP Document is, or should be relied on, as a promise or representation as to the

future. In furnishing the RFP Document, neither CIDCO, nor its employees, advisors undertake to

provide the recipient with access to any additional information or to update the RFP Document or to

correct any perceived inaccuracies therein.

6. CIDCO or its authorized officers / representatives / advisors reserve the right, without prior notice, to

change the procedure for the selection of the Successful Bidder or terminate discussions and the

delivery of information at any time before the signing of any agreement for the Project, without

assigning reasons thereof.

7. CIDCO reserves the right to reject any or all of the Bids submitted in response to the RFP Document

at any stage without assigning any reasons whatsoever. And CIDCO also reserves the right to

change any or all of the provisions of the RFP Document. Such changes will be intimated to all the

Bidders.

8. Upon the receipt of this RFP Document the Bidder acknowledges the terms and conditions of this

RFP Document. CIDCO further reserves the right to change, modify, add to or alter the selection

process including of additional evaluation criteria. Any change in the selection process shall be

intimated to all Bidders.

9. Terms used in this RFP Document, which have not been defined herein, shall have the meaning

ascribed thereto in the Volume 2 i.e. Draft Agreement to License.



2 SNAPSHOT OF RFP

Table 1: Details of the RFP

Volume 1

Name of the Project Selection of Operator for Navi Mumbai Exhibition Centre at

Vashi, Navi Mumbai

Name of Development Authority City and Industrial Development Corporation of Maharashtra Limited (CIDCO)

Existing Facilities 1. Exhibition Centre

2. Business Centre

3. Food Court

4. Ancillary Block

5. Parking

The facilities are more particularly detailed out in Schedule I of the Volume 2: Draft Agreement to License.

Last Date and time for the submission

Before 15:00 hours on 28th May 2014.

Eligible Entities Category 1: A Single Business Entity, other than a

Proprietorship Firm, with technical and financial capability

stipulated in the Eligibility Criteria.

Category 2: Consisting of two Business Entities;

1. One (Lead Member), other than a Proprietorship Firm,

fulfilling the financial evaluation criteria; and

2. Second (Technical Member), fulfilling the technical

evaluation criteria,

can form a Consortium and submit the RFP. The joint Entity

shall hereinafter be referred to as a “Bidding Consortium”.

Bid Security Rs. 50,00,000/- (Rs. Fifty lakh) in the form of an irrevocable

Bank guarantee in favour of “CIDCO Ltd.” payable at Navi

Mumbai. The Bid Security without interest will be refundable

not later than 30 (thirty) days from the date of declaration of a

Bidder being not qualified for the next stage of evaluation,

except in the case of the Successful Bidder whose Bid

Security shall be retained till it has provided a Performance

Security under the Volume 2 i.e. Draft Agreement to License.



Signature Authority Authorised Representative / Signatory

Project Operation and maintenance of Navi Mumbai Exhibition

Centre at Vashi, Navi Mumbai.

Submissions in RFP Stage Technical and Financial Capability

Commercial Proposal

Evaluation Criteria of RFP

Technical Capability

The Bidder shall satisfy the Technical Capability Criteria either under category 1 OR under category

2 below to qualify for the Project.

1. Technical Capability Criteria – category 1

(A) Have experience of operating closed exhibition space of at least 6000 sqm for a continuous

period of 3 years in last 5 years from the RFP Due Date and having organized / conducted

exhibitions totalling to 150 exhibition days (excluding assembly & dismantling) in those 3

years from that Exhibition center.

OR

(B) Have experience of operating closed exhibition space of at least 6000 sqm for a continuous


exhibitions totalling 250 exhibition days (excluding assembly and dismantling) in those 3

years from that exhibition center and from other exhibition centers.


(A) Have experience of organizing exhibitions at closed exhibition spaces of at least 6000 sqm

for at least 75 exhibition days (excluding the days for assembly and dismantling) each year

for a continuous period of 3 years in last 5 years from the RFP Due Date;

AND

(B) Have experience of maintaining an Eligible Facility of at least 6000 sqm each year for a

continuous period of 3 years in last 5 years from the RFP Due Date.

Financial Capability (For both Category 1 and 2 as mentioned above)

1. Net worth of the Bidder as on March 31, 2013 (or latest applicable financial year ending date)

shall be at least INR 50 crore (Indian rupees fifty crore only), duly certified by the Bidder’s

Statutory Auditor. AND

2. Average Net Cash Accruals of the Bidder over the last three completed financial years shall be

at least INR 10 crore (Indian rupees ten crore only), duly certified by the Bidder’s Statutory

Auditor.



Commercial Proposal

The bidding parameter shall be the highest value of the annual License Rent payable to CIDCO for

the first year of operations.

CIDCO Contact for Clarifications

The General Manager (IT&SP)

City and Industrial Development Corporation of Maharashtra Limited,

Ground Floor, CIDCO Bhavan,

CBD Belapur,

Navi Mumbai - 400614,

Ph: 022- 67918161 / 8195, Fax: 022-67918166

This section provides a snapshot of the RFP Document to the Bidder. The Bidder is expected to read the

entire RFP Document comprising of Volume I- Request for Proposal and Volume 2- Draft Agreement to

License for the details.



3 PROJECT BACKGROUND

3.1 The Project

3.1.1 Background of Navi Mumbai

Navi Mumbai is the twin city of Mumbai, and one of the largest planned cities in the world with a total area

of 344 square kilometres. Lying on the eastern coast of the Thane Creek, the city stretches from Airoli in

the north to Uran in the South, comprising parts of Thane and Raigad districts. The areas of Navi Mumbai

(163 sq. km.) which are part of the Thane District come under the aegis of the Navi Mumbai Municipal

Corporation (NMMC). Navi Mumbai comprises of 14 nodes - Airoli, Ghansoli, Kopar Khairane, Vashi,

Sanpada, Nerul, CBD Belapur, Kharghar, Kalamboli, Kamothe, New Panvel, Ulwe, Dronagiri and

Pushpak. The figure below demarcates the main nodes in the city of Navi Mumbai.

Figure 1: Map of Navi Mumbai

On account of the high real estate prices and paucity of spaces in Mumbai, there has been increased

growth of economic activities in Navi Mumbai. There has been a substantial growth of both residents and

businesses into Navi Mumbai. As a part of long-term planning, many of the major commodity markets like

the Agricultural Produce Market Committee (APMC) have also been shifted from Mumbai to Navi



Mumbai. Owing to the above mentioned reasons Navi Mumbai has been expanding rapidly; its population

has grown from seven lakhs in 2001 to approximately 21 lakhs today. The main drivers for the city’s

growth are:

1. Educational institutions like engineering and medical colleges: Navi Mumbai has become an

established centre of professional education. It has a significant number of engineering colleges like

the Bharti Vidyapeeth, Terna Engineering College, Fr. Agnel’s Technical Education Complex, the

Ramrao Adik College of Engineering, and others. The city also has a significant number of medical

and dental colleges like the D.Y Patil, MGM Medical College and the Terna Medical College.

2. MIDC, APMC market and JNPT: The Thane-Belapur industrial belt houses industries from many

sectors like pharmaceuticals, chemicals, plastics, and industrial manufacturing. The industrial areas

have received an impetus in growth on account of the improved road and rail connectivity in the

region. In addition, the APMC wholesale market, which caters to the needs of both Mumbai and Navi

Mumbai, is situated in Navi Mumbai. The presence of the Jawaharlal Nehru Port Trust (JNPT), which

handles 65% of the container traffic in India, is an added advantage as it is within a 25 minute driving

distance from central nodes in Navi Mumbai like Vashi and CBD Belapur.

3. IT parks and developments like the Dhirubhai Ambani Knowledge City: Navi Mumbai has a

sizeable presence of IT service industry units with IT parks at Mahape, Airoli, Vashi and Belapur. It is

also home to the headquarters of Reliance Infocomm -- one of the biggest telecom companies in

India. The Dhirubhai Ambani Knowledge City and Dhirubhai Ambani Life Sciences Centre is also

based in Navi Mumbai.

4. Growth of residential areas: With improvements in road and rail connectivity to Navi Mumbai, there

has been rapid residential development in the newer nodes of Navi Mumbai like Kharghar, Kamothe,

Kalamboli, Taloja and New Panvel. A key mention here is the transformation and rapid growth of the

Kharghar node, which will boast of key developments like the Central Park and the Golf course.

These key developments will enhance the image of Navi Mumbai as a destination of choice for multi

economic activities.

5. Improved connectivity through existing and proposed infrastructure developments:

Existing infrastructure

Navi Mumbai is presently well connected by all modes of transport. The figure below depicts the

connectivity of Navi Mumbai through road and rail transportation system.

Road connectivity1

Navi Mumbai is connected to other areas of the Mumbai Metropolitan Region mainly through the

following three roads:

a. The Sion-Panvel Highway: This road, which includes the Vashi Bridge, provides Navi Mumbai

with connectivity with the region of Greater Mumbai. The Sion-Panvel highway receives heavy

1 Source: Comprehensive Mobility Plan of Navi Mumbai



traffic in peak hours, to the tune of almost 7,300 PCU/hr. (Passenger Car Units/Hour).This

Highway joins the Mumbai Pune Expressway.

b. Thane-Belapur Road (Mulund-Airoli): This road, which connects Thane to Belapur, includes the

Mulund-Airoli Bridge and provides connectivity with the eastern suburbs of the Greater Mumbai

Region as well as Thane. The Thane-Belapur Road receives traffic of 2900 PCU/hr in peak traffic.

c. Shil-Mahape Road: The Shil-Mahape Road, which originates from the Thane-Belapur Road at

Mahape, provides connectivity to Kalyan and Dombivli.

Figure 2: Current Road Transportation System

Rail connectivity

a. Harbour Line: The Harbour Line of the Central Railway provides connectivity to Greater Mumbai

from Mankhurd. The network continues along the nodes of Navi Mumbai like Vashi, Sanpada, Jui

Nagar, Nerul, Belapur, Kharghar, Khandeshwar and Panvel.

b. Thane to Vashi Line: The Thane to Vashi line runs along the Thane-Belapur road with stations

at Turbhe, Kopar Khairane, Ghansoli, Rabale, and Airoli up to Thane.

The railway lines and roads are used as mass transport systems to travel to Mumbai and the Greater

Mumbai Region The other existing transportation system, which consists of buses operated by BEST,

NMMT, KDMT and State Transport Busses, autos, and taxis mainly act as feeder systems to access

the railway stations as well as serve the purpose of internal travel between the different nodes of Navi

Mumbai.



Air connectivity

Presently Navi Mumbai is connected through major domestic and international destinations through

the Mumbai International Airport. The existing public transportation systems in Navi Mumbai offer

excellent connectivity to the airport.

Proposed Future Transportation System2

To cater to the rapid growth of Navi Mumbai and the add capacity to the existing infrastructure, Navi

Mumbai is planning for the following infrastructure developments.

a. Navi Mumbai International Airport (NMIA): Keeping in mind the rapid growth of the city a new

international airport is being planned in Navi Mumbai. The international airport would have a

terminal area of 250,000 sqm and a cargo area of 100,000 sqm and would be able to handle

around 50-55 million passengers annually, once fully operational. The location of the airport has

been decided, keeping in mind the future growth in population, business and commercial activity

in the region. The airport would cater to the catchment area consisting of JNPT, Thane-Belapur

and the Taloja industrial area as well as the huge catchment area ranging from Pune to South

Mumbai.

b. Extension of the Thane-Vashi railway line up to Nerul

c. Extension of the Harbour railway line from Panvel to Uran

In the light of the considerable infrastructure development activity proposed and the growth of industrial

and commercial activities being witnessed in the region, networking amongst industries and commercial

establishments and showcasing of their skills and products is expected to gain more importance going

forward. Higher levels of interaction are expected to be witnessed as businesses in the region integrate

gradually with national and global businesses. Towards this objective of promoting the high level of

interactions between businesses, the City and Industrial Development Corporation of Maharashtra

Limited (CIDCO) is implementing an Exhibition Centre in Sector 30-A, Vashi, adjacent to the Sion-Panvel

Expressway and at a prominent entrance to Navi Mumbai.

3.1.2 Location and its immediate surroundings

Sector 30-A, which houses the Exhibition Centre, is an exclusive area of Vashi node, housing the Vashi

railway station along with its forecourt area, various IT parks, hotels, malls and planned state capital

complexes (complexes owned by various states of India). The following figure highlights the broad layout

of Sector 30-A.

2 Source: Comprehensive Mobility Plan of Navi Mumbai



Project Site

Potential areas of growth

in IT, Pharma, Education

Proposed

International

Airport

MIDC

Sion-Panvel

Highway

Figure 3: Site layout

Figure 4: Site neighbourhood



The immediate neighbourhood of the site has a significant presence of residential zones, industrial zones

and commercial (office space, retail and entertainment) zones.

Residential zones

Most neighbouring residential development lies in the nodes of Vashi, Koparkhairane, Nerul and CBD

Belapur, which are situated near the Project Site. New residential developments are coming up in the

nodes of Kharghar, Kamothe, Kalamboli, Ulwe, Panvel and Taloja. The sudden increase in residential

developments has given a fillip to the real estate industry in Navi Mumbai. It has also led to the

development of retail spaces like malls, shopping complexes and theatres.

Commercial zones

In terms of commercial development, the Dhirubhai Ambani Knowledge City (DAKC) and Dhirubhai

Ambani Life Sciences Centre (DALSC) are based along the Thane-Belapur belt, which is within 30

minutes driving distance from the site. There are IT parks at Mahape, Airoli and at the railway station

complexes of Vashi and Belapur. Navi Mumbai also has a substantial number of malls, particularly near

the Vashi railway station. These malls have good retail and entertainment zones.

Hospitality sector

Navi Mumbai presently has adequate capacity in terms of availability of good quality hotel rooms. There is

good availability of three-star accommodation along the Sion-Panvel Highway including hotels like the

Tunga Residency, the Park Hotels and Fortune Select Exotica in the near vicinity of the site. CIDCO has

currently allotted two plots in Navi Mumbai for the construction of 5-star hotels. These 5-star hotels would

add an approximate capacity of around 300-400 rooms in Navi Mumbai.

Industrial zones

Significant industrial development is witnessed to the east of the site in terms of the Thane-Belapur

Industrial belt, Mahape MIDC and Taloja MIDC. These industrial areas are host to a number of industries

from different sectors like pharmaceuticals, manufacturing, chemicals and fabrication. There is a

presence of companies like Sandoz, Zydus Cadila, SK Industries, Rallis, BASF and others along with

other small industries in the area.

Regional markets

In addition the site is within two to five hours driving distance from various regional markets like Nashik,

Pimpri-Chinchwad (i.e., the industrial areas of Talegaon, Chakan and Pimpri-Chinchwad), Aurangabad

and Mumbai itself. Pune, which is a 1.5 hour drive from Navi Mumbai, also has a significant presence of

IT companies as well as educational institutes. These represent a potential market for the Exhibition

Centre. The regional markets are highlighted in the following figure:



Figure 5: Regional markets

The strategic location of the site suggests that it can be developed into a major hub for public interaction

and commercial development. The following table highlights the desirable parameters of the site vis-à-vis

the key success factors for hosting an Exhibition Centre.

Key Success Factors Desirable parameters of the site

1. Connectivity & accessibility

a. City with the Exhibition and Convention

Centre should be directly connected to

major national and international

destinations

b. Site requires multi-modal connectivity to

facilitate inter and intra-city travel

1. Project site has excellent road and rail

connectivity along with an excellent public

transportation system.

2. Project site has excellent air connectivity

through the existing international airport at

Mumbai and through the upcoming Navi

Mumbai International Airport (NMIA). The

NMIA is within 25 minutes driving distance from




the site

3. All existing and future business magnets3 are

easily accessible from project site.

2. Proximity to consumer and producer markets

a. Site should preferably be located near the

central business district of the city and be

capable of attracting participants of

industrial and retail nature, thus increasing

expected participation.

1. The site is favourably located within the vicinity

of producer (IT parks, MIDC’s, Educational

Institutes) and consumer (residential

establishments) markets.

2. Area profile of site portrays a development mix

of multi economic activities.

3. Desirability of site likely to increase due to

enhancement of service level in ongoing urban

transport and real estate development being

undertaken by local development authorities.

4. Due to its strategic location — positioned

between the commercial centres of Mumbai

and Pune -- Project site has the potential to

gain quick visibility.

3. Proactive state support 1. CIDCO, to promote the business interactions

has undertaken the capital investment to

develop the state of the art Exhibition Centre.

2. CIDCO is also currently liaising with the

relevant state authorities to provide for a direct

access from the Exhibition Centre to highway.

4. Soft Skills

a. An Exhibition Centre needs trained and

skilled manpower for efficient management

of conventions & exhibitions of varied

industries.

1. Mumbai is the financial capital of India and is

well-connected with Navi Mumbai. Navi

Mumbai is the spill-over hub for the population

in Mumbai on account of its easy connectivity.

These could provide the necessary skilled

manpower for the project, going forward.

3 Business magnets – Thane Belapur Belt, Taloja MIDC, Pimpri Chinchwad MIDC area, Talegaon Industrial Area, Rangengaon

MIDC Area, Hadapsar Industrial Area, Hinjewadi and Talawade Infotech Park and Other Food Processing Clusters in Pune




2. Navi Mumbai has a significant presence of

education institutions in and around to enable

the provision of skilled manpower.

The above table reveals the perfect suitability of the site for an Exhibition Centre. The city of Navi Mumbai

is throbbing with business and development activity. Such a centre would further rev up the city’s growth

and as such be warmly welcomed.

3.1.3 The Project

The Navi Mumbai Exhibition Centre is being developed as a “Green Building” certified by Indian Green

Building Council (IGBC) with LEED (Leadership in Energy and Environmental Design) criteria. Once, the

envisaged centre is completed, it will comprise of four distinct facilities - exhibition centre, business

centre, a food court and an ancillary block with a bridge connecting the exhibition and the business

centre.

CIDCO intends to appoint an experienced operator on a contractual basis to operate and maintain this

facility. The brief scope of work for the Bidder is as set out below:

1. The Successful Bidder shall market and brand the exhibition centre under the name “Navi Mumbai

Exhibition Centre”.

2. The Successful Bidder shall operate and maintain the Navi Mumbai Exhibition Centre in accordance

with the objectives of CIDCO, as per the standards and specifications stipulated in the Volume 2:

Draft Agreement to License and as per good industry practice.

3. The Successful Bidder shall sub-license the Navi Mumbai Exhibition Centre to the exhibitors/

occupants.

4. The Successful Bidder shall collect and retain rentals for the Navi Mumbai Exhibition Centre sub-

licensed.

5. The Successful Bidder shall charge, collect and retain Entry Fee and Parking Fee from the visitors,

6. The Successful Bidder shall make the payment of annual License Rent to CIDCO as per the terms of

the Draft Agreement to License.

7. The Successful Bidder on the expiry of the License period shall duly hand back the Project Site and

the Project facilities to CIDCO.



3.2 Contract Structure

The contract structure for the Project which is to be followed is given in the figure below:

Figure 6: Contract structure

CIDCO Operator End User

License Rights

Annual License Rent

Upfront Payment

Exhibition Space

Rentals

The flow of transactions would be as follows:

1. Operator pays a fixed upfront payment to CIDCO

2. CIDCO enters into an Agreement to License with the Operator and thereby transfers the License

Rights on the Project to the Operator for a term of 9 years.

3. Operator through the Agreement to License commits to pay an annual License Rent to CIDCO for the

term of the agreement.

4. Operator to operate and maintain the Project as per the rules and regulations of CIDCO, through the

term of this Agreement.

3.3 Contents of RFP

The RFP Document comprises the contents as listed below, and would additionally include any Addenda

issued by CIDCO.

Volume 1: Request for Proposal

Section 1: Disclaimer

Section 2: Snapshot of RFP

Section 3: Project Background

Section 4: Principal Document

Section 5: Evaluation of Proposal

Section 6: Fraud and Corrupt Practices

Section 7: Pre-Bid Conference

Section 8: Miscellaneous

Section 9 to 21: Exhibits of Formats for submission

Volume 2: Draft Agreement to License



4 PRINCIPAL DOCUMENT

4.1 Definitions

1. Agreement/ Agreement to License shall mean the draft Agreement to License to be signed at the

end of the RFP stage, between CIDCO and the Successful Bidder and has been provided in Volume

2 of this RFP Document and shall include the schedules thereto.

2. Associate shall mean, in relation to the Bidder/ Member of the Bidding Consortium, a person who

controls, is controlled by, or is under the common control with such Bidder/ Member of the Bidding

Consortium. As used in this definition, the expression “control” means, with respect to a person which

is a company or corporation, the ownership, directly or indirectly, of more than 50% (fifty per cent) of

the voting shares of such person, and with respect to a person which is not a company or corporation,

the power to direct the management and policies of such person by operation of law.

3. Authorised Representative/ Signatory shall mean the person who shall be duly authorized by the

Bidding Entity or the Lead Consortium Member in its RFP submission to sign on the Bid. This

designated person shall be authorised to perform all the tasks including, but not limited to providing

information, responding to enquiries, entering into contractual commitments on behalf of the Bidder.

4. Bid / RFP shall mean the covers as defined in the Clause 4.2.3 submitted by the Bidders in response

to this RFP Document.

5. Bidder means a Bidding Entity or Bidding Consortium, as defined below that has submitted a Bid in

response to this RFP Document.

6. Bidding Entity If the RFP for the Project is submitted by a single Entity, it shall be referred to as the

“Bidding Entity”.

7. Bidding Consortium If the RFP for the Project is submitted jointly by more than one Entity, then this

group of Entities shall be referred to as a “Bidding Consortium”.

8. Bid Security shall have a meaning as referred in Clause 4.2.4.1 of this Document.

9. Bid Validity Period shall mean a period of not less than 180 days from the last date for submission

of the Bid.

10. Business Entity/ Entity shall mean a company incorporated under the Companies Act, 1956 (and if

it is a foreign company, equivalent law abroad) OR an incorporated Entity under similar legislation.

11. Central Government shall mean the Government of India.

12. Commercial Proposal shall mean the information submitted as per Section 19 of this Document.

13. Commercial Operations Date shall mean the date on which CIDCO certifies that the Project is open

for the purpose as stated by the Operator under the Agreement.

14. Consortium Member shall mean each Entity in the Bidding Consortium.

15. Crore (one unit) shall mean ten million.



16. Document /Request for Proposal (RFP) Document means this Request for Proposal Document

which is in two parts, i.e. Volume 1 - Request for Proposal and Volume 2 - Draft Agreement to

License.

17. Eligible Facility shall mean Hotels, Airports, Convention Centres, Business Centres, Exhibition

Centres or Commercial Real Estate space.

18. Holding Company shall mean the Business Entity holding a minimum stake of 51% equity in the

Bidding Entity / Lead Consortium Member directly or indirectly.

19. Lakh (one unit) shall mean 0.1 million.

20. Lead Consortium Member (LCM) - In case of a Bidding Consortium, the Lead Consortium Member

(LCM) shall be that Consortium Member who is vested with the prime responsibility of operating the

Project. The Lead Consortium Member shall necessarily make the maximum equity contribution in the

Special Purpose Company, and its equity contribution shall not be less than 51%. The LCM shall be

the authorised representative of the Bidding Consortium and shall be liable to CIDCO for all the

obligations of the Bidder. The LCM shall necessarily be an Entity incorporated under the Companies

Act, 1956 (and if it is a foreign company, equivalent law abroad) OR an incorporated Entity under

similar legislation. The LCM shall not be a Proprietorship Firm.

21. License Rent shall mean the amount offered by the Bidder in the Commercial Proposal payable to

CIDCO annually from the Commercial Operations Date for issuance of license for operating the

Project.

22. Letter of Allotment shall mean the letter issued by CIDCO to the Successful Bidder and shall be as

per terms mentioned in Clause 4.3.3.

23. Operator shall mean the Successful Bidder with whom CIDCO shall sign the Agreement to License.

24. Project shall mean operation and maintenance of the Navi Mumbai Exhibition Centre at Vashi, Navi

Mumbai.

25. Project Site shall mean the plot of land at Vashi, which is more particularly described in the Schedule

I of the Draft Agreement to License.

26. Responsiveness of the Bid/ Non-Responsive shall have a meaning as referred in Clause 4.3.1 of

this Document.

27. Special Purpose Company (SPC)/ Operator shall mean a company, which needs to be

incorporated under the Indian Companies Act, 1956 by the Bidding Consortium after being declared

as the Successful Bidder for the purpose of signing of the Agreement to License and implementing

the Project.

28. State Government shall mean the Government of Maharashtra.

29. Successful Bidder shall mean the Bidder who inter-alia meets the following requirements (a) who

fulfils the technical and financial capability (b) who offers the highest value of the annual License Rent

payable to CIDCO for the first year of operations; and (d) who adheres / consents to adhere to all

other conditions laid by CIDCO and who is invited by CIDCO for entering into the Agreement to

License for the Project.



30. Technical Consortium Member (TCM) shall mean in case of a Bidding Consortium, the Consortium

Member apart from the Lead Consortium Member who shall be evaluated for the technical capability.

The TCM would have a minimum contribution of 26% in the SPC. However if the Lead Consortium

Member is evaluated for technical capability then there would be no restriction of minimum

contribution by the TCM in the SPC. The TCM shall necessarily be an Entity incorporated under the

Companies Act, 1956 (and if it is a foreign company, equivalent law abroad) OR an incorporated

Entity under similar legislation.

31. Upfront Payment shall mean the payment made by the Successful Bidder to CIDCO at the time of

the signing of the Agreement to License, equal to 1.5 (one and half) times the quoted annual License

Rent payable by the Successful Bidder to CIDCO for the first year of operations.

NOTE: IN THE EVENT OF INTERPRETATION OF WORDS WHICH ARE NOT COVERED HEREIN

ABOVE SHALL BE COVERED BY GENERAL CLAUSES ACT.

4.2 Instruction to Bidders

4.2.1 General Information

4.2.1.1 Eligible Bidders

The Bidders eligible for participating in the RFP process shall be in any one of the following two

categories:

Category 1: A single Business Entity with financial capability and experience stipulated in the Eligibility

Criteria.

Category 2: A maximum of two Business Entities forming a Bidding Consortium consisting of a Lead

Consortium Member and the Technical Consortium Member can Bid for the Project. The Bidding

Consortium shall incorporate a Special Purpose Company for undertaking the Project. The Lead

Consortium Member shall be a member holding at least 51% share capital in the Special Purpose

Company. The Technical Member shall be a member holding at least 26% share capital in the Special

Purpose Company. In the event of the Lead Consortium Member fulfilling the technical evaluation criteria,

then there would be no restriction on the minimum equity stake in paid up share capital of the Technical

Consortium Member. The Business Entities forming the Consortium shall be referred to as Consortium

Members. The Lead Consortium Member and the Technical Consortium Member must be Business

Entities.

The term “Bidder” used hereinafter would therefore apply to both the above-mentioned categories.

Any Entity, which has earlier been barred by CIDCO from participating in its projects, would not be eligible

to submit an RFP, either individually or as Member of a Bidding Consortium if such bar subsists as on the

RFP Submission Date.

Note: The foreign bidders shall be subject to Reserve Bank of India rules and regulations and also other

applicable laws in India.



4.2.1.2 Consortia

RFP submitted by a Consortium should comply with the following additional requirements:

1. The Lead Consortium Member shall be the financial member and shall hold a minimum equity stake

equal to 51% in paid up share capital of the Special Purpose Company. The Lead Consortium

Member shall not dilute its minimum equity contribution till the expiry of the Agreement to License.

Also the Lead Consortium Member shall sign the Agreement to License on behalf of the Bidding

Consortium.

2. The Technical Consortium Member shall hold a minimum equity stake equal to 26% in the in paid up

share capital of the Special Purpose Company. The Technical Consortium Member shall not dilute its

minimum equity contribution till the end of the expiry of the Agreement to License.

3. In the event of the Lead Consortium Member is fulfilling the technical evaluation criteria, then the

minimum equity stake of the Lead Consortium Member in paid up share capital of the Special

Purpose Company shall be equal to 51%. However there would be no restriction on the minimum

equity stake of the Technical Consortium Member in paid up share capital of the Special Purpose

Company.

4. Change in the composition of a Consortium shall not be permitted by CIDCO at any time during the

Bid process.

5. A Bidder who has submitted an RFP for the Project in its individual capacity or as part of a

Consortium shall not participate as a Member of any other Consortium submitting an RFP for the

Project;

6. The Consortium Members shall execute a Power of Attorney (as per the Section 14) authorizing the

Lead Consortium Member to take decisions on any matters pertaining to the Project.

7. The Consortium Members shall submit a Letter of Acceptance (as per Section 11)

8. All the members of the Bidding Consortium shall be liable jointly and severally for the execution of the

Project in accordance with the terms of the Agreement.

9. All witnesses and sureties shall be persons of status and probity and their full names and addresses

shall be stated below with their signature.

Note 1: Any Bidder or a Member of the Bidding Consortium if black listed either by the State Government

or the Central Government or by any other government undertaking during 3 (three) years before the date

of this RFP shall not be eligible to participate in this RFP submission.

Note 2: In computing the Financial Capability of a Bidder/ Member of the Bidding Consortium, the

experience of the respective Associate will be eligible hereunder.

4.2.1.3 Confidentiality towards Bidder Provided Information

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. CIDCO will treat all

information submitted as part of RFP in confidence and would require all those who have access to such

material to treat the same in confidence. CIDCO will not divulge any such information unless it is ordered

to do so by any authority pursuant to applicable law or order of a competent court or tribunal, which

requires its disclosure.



4.2.1.4 Accuracy and Completeness of RFP Document

This RFP Document includes statements, which reflect various assumptions, which may or may not be

correct. This Document does not purport to contain all the information each Bidder may require. This RFP

Document may not be appropriate for all persons, and it is not possible for CIDCO to consider the

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

Document. Certain Bidders may have better knowledge than others for the Project. Each Bidder should

conduct its own investigations and analysis and should check the accuracy, reliability and completeness

of the information in this RFP Document and obtain independent advice from appropriate sources.

Neither CIDCO nor its employees or its consultants make any representation or warranty as to the

accuracy, reliability or completeness of the information in this RFP Document.

4.2.1.5 Liability

Neither CIDCO nor its employees or its consultants will have any liability to any Bidder or any other

person under the law of contract, or, 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 RFP Document, any matter deemed to form part of this RFP Document, the award of the

Project and any other information supplied by or on behalf of CIDCO or its employees, any of its

consultants or otherwise arising in any way from the selection process for the Project.

4.2.1.6 Other instructions

All Bidders should note the following:

1. Bidders are requested submit their Bid through e-tendering system as per format indicated in Section

9. CIDCO shall use the contacts provided through this acknowledgement for circulating the response

to pre bid queries. In the event of a Bidder not acknowledging the receipt of the RFP Document,

CIDCO or its employees will not have any liability towards the Bidder for not sending the response to

the pre bid queries.

2. Bids that are incomplete in any respect or those that are not consistent with the requirements as

specified in this RFP Document or those that do not contain the Covering Letter, Letter of

Commitment and Letters of Acceptance as per the specified formats may be considered non-

responsive and may be liable for rejection.

3. Strict adherence to formats, wherever specified, is required. Non-adherence to formats may be a

ground for declaring the Bid non-responsive.

4. Bidders may note that CIDCO will not entertain any deviations to the RFP Document and its Addenda

at the time of submission of the Bid or thereafter. The Bid to be submitted by the Bidders shall have to

be unconditional and unqualified and the Bidders would be deemed to have accepted the terms and

conditions of the RFP Document with all its contents including the Draft Agreement to License. Any

conditional Bid shall be regarded as non-responsive and would be liable for rejection.

5. No change in, or supplementary information to a Bid shall be accepted once submitted. However,

CIDCO reserves the right to seek additional information from the Bidders if found necessary, during

the course of evaluation of the Bid. Non-submission, incomplete submission or delayed submission of

such additional information or clarifications sought by CIDCO, may be a ground for rejecting the Bid.

6. The Bids shall be evaluated as per the criteria specified in this RFP Document. However, within the



broad framework of the evaluation parameters as stated in the RFP Document, CIDCO reserves the

right to make modifications to the stated evaluation criteria, which would be uniformly applied to all

the Bidders.

7. Mere submission of information does not entitle the Bidder to meet an eligibility criterion. CIDCO

reserves the right to vet and verify any or all information submitted by the Bidder. If any claim made or

information provided by the Bidder in the Bid or any information provided by the Bidder in response to

any subsequent query by CIDCO, is found to be incorrect or is a material misrepresentation of facts,

then the Bid will be liable for rejection. Mere clerical errors or bonafide mistakes may be treated as an

exception at the sole discretion of CIDCO and if CIDCO is adequately satisfied.

8. The Successful Bidder shall have to submit as a part of the RFP submission, a signed copy of the

Draft Agreement to License as a full acceptance of the Agreement to License. Thus, the Successful

Bidder will not have any scope for negotiations on the terms and conditions of the Agreement to

License at the time of signing of the Agreement to License.

9. The Bidder shall have to submit with the proposal, an undertaking in the requisite format specified in

Section 16 on an Indian non-judicial stamp paper of Rs. 100. This undertaking is an affirmation from

the Bidder with respect to the authenticity of information/ documents furnished along with the Bid. Any

deviation in material facts in respect to information/ documents furnished by the Bidder in this respect

is noted at any point of time (i.e. at the time of submission or after signing the Agreement) then the

Bid can be disqualified or will make the Successful Bidder liable for breach of contract in case the

discrepancy is noted after the signing of Agreement.

4.2.2 CIDCO’s Rights regarding the RFP

4.2.2.1 Right to accept or reject any RFP

Notwithstanding anything contained in this RFP Document, CIDCO reserves the right to accept or reject

any RFP or to annul the Bid Process or reject all Bids, at any time without any liability or any obligation for

such rejection or annulment and without assigning any reasons. CIDCO reserves the right to reject the

Bid if:

1. At any time during the Bid process or thereafter, any misrepresentation is found to be made or

discovered, or

2. The Bidder does not respond promptly and diligently to requests for additional/ supplemental

information required for the evaluation of the RFP.

This would lead to the disqualification of the Bidder. If the Bidder is a Consortium, then the entire

Consortium would be disqualified / rejected.

4.2.2.2 Right to ask clarifications

To facilitate evaluation of RFPs, CIDCO may if necessary, at its sole discretion, seek clarifications and/ or

any additional information in writing from any Bidder regarding its RFP.

4.2.2.3 Right to Change/Modify

At any time prior to the RFP Due Date, CIDCO reserves the right to change/modify any or all of the

provisions of this RFP Document for any reason, whether at its own initiative or in response to



clarifications requested by a Bidder. Such a change would be intimated to all the parties procuring this

RFP Document by the issuance of Addenda. Any Addendum issued hereunder will be in writing and shall

be sent to all the parties procuring this RFP Document. In order to afford the Bidders a reasonable time

for taking an Addendum into account, or for any other reason, CIDCO may, in its sole discretion, extend

the RFP Due Date4.

4.2.2.4 Right to request the extension of validity of Bid

In exceptional unavoidable circumstances, prior to expiry of the original Bid Validity Period, CIDCO may

request Bidders to extend the Bid Validity Period for a specified additional period. Bidders not extending

the Bid Validity Period when so requested would automatically be disqualified.

4.2.2.5 Right to cancel the RFP Process

CIDCO may cancel this RFP process at any stage without assigning any reasons whatsoever and will not

be liable to compensate any Bidder on any grounds whatsoever. The Bidder shall not be entitled to refund

of cost of documents or other costs in case the RFP Process or the Bid is cancelled for whatsoever

reason or without assigning any reason.

4.2.2.6 Schedule of the Bidding Process

CIDCO would endeavour to adhere to the following schedule:

S. N. Event Description Date

1. Issue of RFP Document From 3rd

March 2014, 15:00 hours, till RFP Due Date

2. Last date for receipt of queries for clarification

18th March 2014 till 17:00 hours

3. Pre-bid Conference 19th March 2014 On 14:00 hours. at CIDCO

Bhavan, CBD Belapur, Navi Mumbai – 400614

4. Last date for submission of RFP 28th May 2014 on or before 15:00 hours.

5. Opening of Technical Proposal 28th May 2014, 16:00 hours onwards

The above dates are indicative and tentative for the information of the Bidders only. CIDCO reserves the

right to change the Schedule of the Bidding Process.

4.2.3 Instructions for RFP Preparation

The Bidder would provide all the information as required under this RFP Document. CIDCO would

evaluate only those Bids that are received in the required format and complete in all respects.

4 While extending the RFP Due Date on account of an addendum, CIDCO shall have due regard for the time required by Bidders to

address the amendments specified therein. In the case of significant amendments, at least 15 (fifteen) days will be provided between the date of amendment and the RFP Due Date, and in the case of minor amendments, at least 7 (seven) days will be provided.



The Bid and its copies shall be typed or written in indelible ink and signed by the Authorised

Representative of the Bidder who shall also initial each page, in blue ink. In case of printed and published

documents, only the cover shall be initialled. All the alterations, omissions, additions or any other

amendments made to the Bid shall be initialled by the person(s) signing the Bid.

4.2.3.1 Submission of Bid through e-tendering System

1. The Bidder shall summit the Bid only through the e-tendering website

www.cicdo.maharashtra.etenders.in.

2. Bidders tool Kit link (detailed Help documents, designed for bidders) has been provided on e-

Tendering website (https://maharashtra.etenders.in/mah/toolkitBidder.asp) in order to guide them

through different steps involved during e-tendering such as online procedure for tender document

purchase, bid preparation, bid submission.

3. If any assistance is required regarding e-Tendering (registration / upload / download) please contact

e-Tendering Help Desk on number: 020 25315555 / 9167969614.

4. The tender document is uploaded / released on Government of Maharashtra, (GoM) e-tendering

website http://CIDCO.maharashtra.etenders.in. Tender document and supporting documents may be

downloaded from above mentioned link. Subsequently, bid has to be prepared and submitted online

only on the e-tender portal.

5. The Bidders participating first time for e-tenders on GoM e-tendering portal will have to complete the

online registration process for the e-Tendering portal.

6. The interested Bidders will have to make online payment (using credit card/debit card/net

banking/Cash Card) of Rs. 1038/- (Rupees one thousand and thirty eight only), inclusive of all taxes,

for the Bid to online service provider of e-Tendering system at the time of entering online Bid

Submission stage as per the Schedule of Bidding Process.

a) Qualification : The Bidder shall submit the following through e-tendering system for qualifying for

the Project

i. Receipt of the acknowledgement for the procurement of this RFP Document in support of

download of the RFP Document from the e-tendering website.

ii. In the event the Bidder has downloaded the RFP Document from the website of CIDCO, a

demand draft of Rs. 26,250/- (Rupees Twenty six Thousand two hundred and fifty only)

including 5% (five percent) value added tax in favour of “CIDCO Limited” payable at Navi

Mumbai.

iii. Covering Letter as per Section 10.

iv. Letter(s) of Acceptance as per format specified in Section 11.

v. Letter(s) of Commitment as per format specified in Section 12.

vi. Description of the Bidder as per format specified in Section 13.

vii. Power of Attorney for signing of RFP by the Lead Consortium Member as per format

specified in Section 14.

viii. Power of Attorney for the Authorised Signatory as per format specified in Section 15.

http://www.cicdo.maharashtra.etenders.in/



(To be provided by the Lead Consortium Member in case of a Consortium)

ix. Undertaking as per Section 16.

x. Information format for Technical Capability as per Section ‎17 along with the supporting

documents.

xi. Information format for Financial Capability as per Section ‎18 along with:

a. the calculations undertaken by the Bidder’s Statutory Auditor and

b. the audited annual statements for the latest three financial years as certified by a

Statutory Auditor, as detailed under Clause ‎5.1.4. In case of a Bidding Consortium the

latest three financial years should be that of the Lead Consortium Member

xii. Bid Security as per format in Section 20.

b) Commercial Proposal - The. Bidders are required to submit the Commercial Proposal only through

the e-tendering system as mentioned in clause no 4.2.3.1(1) in the format as given in Section 19. It

may be noted that Bids of Bidders, which do not contain the Commercial Proposal as specified

above, would be considered invalid and liable for rejection.

Note: No overwriting shall be permitted unless initialled by the Authorized Representative of the Bidder

signing the RFP.

The Bidder is required to carefully study the contents of this RFP Document and to obtain all information it

may require enabling it to submit its RFP. The Bidder shall be deemed to have satisfied itself as to the

correctness and sufficiency of the RFP Document. No claims whatsoever will be entertained arising out of

Bidder’s failure to study the RFP Document. The RFP submissions that are deemed incomplete or non-

responsive to the requirements of this RFP Document will be rejected.

4.2.3.2 RFP Due Date

RFP should be submitted only through www.cidco.maharashtra.etenders.in on or before the last date for

submission of RFP as mentioned in the Schedule of Bidding Process as per Clause no 4.2.2.6 in the

manner and form as detailed in this RFP Document. RFP submitted by any other means other than the

online tendering system will not be acceptable. CIDCO shall not be responsible for any delay in receipt of

the RFP submissions. CIDCO may, in exceptional circumstances, and at its sole discretion, extend the

last date for submission by issuing an Addendum in accordance with Clause 4.2.2.3, uniformly for all

Bidders.

4.2.3.3 RFP preparation cost

The Bidder shall be responsible and shall bear all the costs associated with the preparation of its RFP

and its participation in the RFP process. CIDCO shall not be responsible or in any way liable for such

costs, regardless of the conduct or outcome of the RFP process.

4.2.3.4 Project inspection and site visit

It is desirable that each Bidder submits its RFP after visiting the site (with the prior permission of CIDCO)

and ascertaining for itself the location, surroundings, or any other matter considered relevant by it. It

would be deemed that by submitting the RFP, the Bidder has:

http://www.cidco.maharashtra.etenders.in/



1. Made a complete and careful examination of the RFP Document;

2. Received all relevant information requested from CIDCO;

3. accepted the risk of inadequacy, error or mistake in the information provided in the RFP Document or

furnished by or on behalf of CIDCO relating to any of the matters referred to in this Clause 4.2.3.4

above;

4. satisfied itself about all matters, things and information including matters referred to in this Clause

4.2.3.4 hereinabove necessary and required for submitting an informed Bid, execution of the Project

in accordance with the RFP Document and performance of all of its obligations thereunder;

5. acknowledged and agreed that inadequacy, lack of completeness or incorrectness of information

provided in the RFP Document or ignorance of any of the matters referred to in this Clause 4.2.3.4

hereinabove shall not be a basis for any claim for compensation, damages, extension of time for

performance of its obligations, loss of profits etc. from CIDCO, or a ground for termination of the

Agreement to License by the Bidder;

6. acknowledged that it does not have a Conflict of Interest; and

7. agreed to be bound by the undertakings provided by it under and in terms hereof

CIDCO shall not be liable for any mistake or error on the part of the Bidder in respect of any of the above

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

Bidding Process, including any error or mistake therein or in any information or data given by CIDCO.

4.2.3.5 Number of Bids for RFP

Each Bidder shall submit only one Bid in response to this RFP Document. Any Bidder, who submits or

participates in more than one Bid submission shall be disqualified and shall also cause the disqualification

of the Consortium of which it is a Member.

4.2.3.6 Clarifications

A prospective Bidder requiring any clarification on the RFP Document may notify CIDCO in writing. The

queries shall have to be sent in the format as specified in Section 21. The Bidders should send in their

queries on or before the date and time specified in the Schedule of Bidding Process.

4.2.3.7 Language

The RFP and all related correspondence and documents should be written in the English language.

Supporting documents and printed literature furnished by the Bidder with the RFP may be in any other

language provided that these are accompanied by appropriate translations of the pertinent passages in

the English language. Supporting material, which are not translated into English, may not be considered.

For the purpose of interpretation and evaluation of the RFP, the English language translation shall prevail.

All communication and information provided should be legible, and wherever the information is given in

figures, the same should be mentioned in words.

4.2.3.8 Currency

The currency for the purpose of the RFP evaluation shall be the Indian Rupee (INR). The conversion to



Indian Rupees shall be based on the corresponding TT buying rate specified by the State Bank of India,

ten days before the RFP Due Date. In all cases where the original figure is in foreign currency, such

original figures in the relevant foreign currency and the INR equivalent thereof must be given.

4.2.3.9 Validity of Bid

Each Bid shall indicate that it is a firm and irrevocable offer, and shall remain valid and open for a period

of not less than 180 days from the last date for submission of the Bid. Non-adherence to this requirement

will be a ground for declaring the Bid as non-responsive. However, CIDCO may solicit the Bidder’s

consent for extension of the period of validity. Such request for extension shall be made by CIDCO in

writing. The Bidder agrees to reasonably consider such a request and shall send its response in writing. A

Bidder accepting CIDCO request for extension of validity shall not be permitted to modify his Bid in any

other respect.

4.2.3.10 Signing Authority

A duly authorized officer of the Bidder shall sign the RFP. The RFP must be signed in the Bidder’s name

and on its behalf and under seal by an Authorised Representative of the Bidder and shall be

accompanied by a notarized and legalized Power of Attorney valid for at least 12 months. The office held

by the signing officer shall be clearly mentioned. The Format for Power of Attorney is highlighted in

Section 15.

If the Bidder is a Consortium, the Consortium Members shall designate an authorized officer from the

Lead Consortium as “Authorised Representative”.

All the alterations, omissions, additions, or any other amendments made to the RFP shall be initialled by

the Authorised Representative(s) signing the RFP submission before uploading on the online tendering

system.

4.2.3.11 Modification / Substitution / Withdrawal of RFP

The Bidder may modify, substitute, or withdraw its RFP before the final submission through e-tendering

system. No RFP shall be modified, substituted or withdrawn by the Bidder after the RFP Due Date.

4.2.3.12 Confidentiality

CIDCO requires that Bidder limits the disclosure of information given in this RFP Document to those in

Bidders organization who have a need to know in order to respond to this RFP Document. The

information contained in the RFP Document may not be disclosed, published, or advertised in any

manner without CIDCO’s written authorization. All information contained in the RFP Documents is to be

treated as proprietary regardless of whether the Documents are labelled as such or not. Bidders are

authorized to provide appropriate information to proposed Consortium Members as required, but Bidder

must inform Consortium Members that the conditions in this section apply.

4.2.3.13 Correspondence with the Bidder

Save and except as provided in this RFP, CIDCO shall not entertain any correspondence with any Bidder

in relation to acceptance or rejection of any Bid.



4.2.4 Fees and Deposits to be paid by the Bidders

4.2.4.1 Bid Security

Bidders shall submit as a part of its Bid, a Bid Security for an amount equal to Rs. 5,000,000/- (Rupees

Fifty Lakhs only) in the form an irrevocable Bank Guarantee issued by a commercial/ nationalised/

scheduled bank5 in favour of “CIDCO Limited” payable at Navi Mumbai, as per the format for Bank

Guarantee for Bid Security given in Section 20. The Bid Security shall be valid for not less than 180 (one

hundred eighty) days from the RFP Due Date, inclusive of a claim period of 30 (thirty) days, and may be

extended as may be mutually agreed between CIDCO and the Bidder from time to time. In case the Bank

Guarantee submitted as Bid Security is issued by a foreign bank outside India, confirmation of the same

by any nationalised bank in India is required. Bids of Bidder, who fails to furnish the above Bid Security,

shall be liable for rejection by CIDCO as non-responsive. The Bidder shall scan the Bid Security and

submit the same through e-tendering system and the original hard copy of the Bid Security shall be

submitted at the address mentioned in clause 4.2.6 on or before the RFP Due Date mentioned in Clause

no 4.2.2.6.

Subject to the other clauses of this section, CIDCO shall reserve the right to forfeit the Bid Security under

the following circumstances:

1. If a Bidder submits a non-responsive Bid;

2. If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice, undesirable practice

or restrictive practice as specified in Section 6 of this RFP;

3. If a Bidder withdraws its Bid during the period of Bid validity as specified in Clause 4.2.3.9 of this RFP

and as extended by mutual consent of the respective Bidder(s) and CIDCO;

4. In the case of Successful Bidder, if it fails within the specified time limit –

a. to sign and return the duplicate copy of LOA;

b. to sign the Agreement to License; or

c. to furnish the Performance Security within the period prescribed thereof in the Agreement to

License; or

5. In case the Successful Bidder, having signed the Agreement to License, commits any breach thereof

prior to furnishing the Performance Security.

In the event that any Bidder does not meet the Technical or Financial Capability Criteria, then the Bid

Security of such Bidders can cease to be in force upon return of the unopened Cover 2 of their Bid. The

Bid Security in such cases shall be returned to the respective Bidders without any interest within 30 days

from such cessation.

The Bid Security of the unsuccessful Bidders (after opening of Cover 2) will be returned after 30 days

without any interest following the signing of the Agreement to License by the Successful Bidder.

5 For the avoidance of doubt, scheduled bank shall mean a bank as defined under Section 2(e) of the Reserve Bank of India Act,

1934.



The Successful Bidder’s Bid Security will be returned, without any interest, upon the incorporation of the

Operator by the Successful Bidder for undertaking the Project and signing the Agreement to License and

furnishing the Performance Security in accordance with the provisions thereof. CIDCO may, at the

Successful Bidder’s option, adjust the amount of Bid Security in the amount of Performance Security to

be provided by him in accordance with the provisions of the Agreement to License.

4.2.5 Non Association with Project Advisors

CIDCO has retained Project Advisors for assistance in the selection process. The Bidders are required

not to have any association with the members, or attempt to exercise undue influence on the members, of

the Project Advisory Team or to influence from the date of receipt of this Document till the completion of

the selection process. Non-conformance with this requirement is a sufficient condition for the

disqualification of any Bidder from the Selection Process.

4.2.6 Enquiries and Clarifications

Enquiries, if any, can be addressed to:

To,

The General Manager (IT&SP),



CBD Belapur,

Navi Mumbai- 400614

Phone: +91 – 22 – 67918171 / 67918654

Fax: +91 – 22 – 67918573

Email: [email protected]

It may kindly be noted that all the requests for clarifications should be couriered in hard copy. The

requests for clarifications submitted by the Bidder should be as per the format mentioned in Section 21.

Data to the extent available has been indicated in the RFP Document. The Bidders are suggested to

make their own investigations and collect additional data for preparation of the Bid.

CIDCO will endeavour to hold the pre-bid conference as per the time schedule indicated in Clause

4.2.2.6. Attendance of the Bidders at the pre-bid conference is not mandatory. However, subsequent to

the meeting, CIDCO shall not respond to queries from any Bidder. All queries to be addressed at the pre-

bid conference shall have to be submitted before the last date for request for clarifications mentioned in

Clause 4.2.2.6.

CIDCO shall aggregate all such requests for clarifications, without specifying the source of clarifications,

and may prepare a response, which shall be uploaded on www.cidco.maharashtra.etenders.in. It may be

noted that queries in writing as well as through the email address mentioned above would be entertained

only from those parties who have downloaded this RFP Document and have acknowledged the receipt of

the RFP Document as per Section 6.

4.3 Description of Selection Process

The submission of Bids by interested parties in response to the RFP Document would be required to be

mailto:[email protected]

http://www.cidco.maharashtra.etenders.in/



submitted online as mentioned in section 4.2.3.1

The Bids received would be subject to a prima-facie check for responsiveness followed by a step wise

evaluation procedure as described below.

4.3.1 Step 1: Responsiveness of Bid

Prior to evaluation of Bids, CIDCO shall determine whether each Bid is responsive to the requirements of

this RFP. A Bid may be deemed “Non-responsive” if it does not satisfy any of the following conditions:

1. It is not received as per format specified in this RFP by the RFP Due Date and time as specified in this RFP Document, including any extension thereof;

2. It does not contain all the information and documents (complete in all respects) in formats as specified in this RFP;

3. It is not accompanied by a valid Bid Security;

4. It does not contains certificates from its Statutory Auditors in the formats specified in this RFP for experience claimed;

5. It is not accompanied by a Demand Draft of Rs. 26,250/- (Rupees twenty six thousand two hundred and fifty only) in favour of “CIDCO Ltd.” payable at Navi Mumbai.

6. It is not accompanied by the Power(s) of Attorney as specified in Clause 4.2.3.10, as the case may be; or

7. It contains any condition or qualification

The Bid shall be considered to be substantially responsive if it conforms to the preceding requirements

without material deviation or reservation. A material deviation or reservation is one which,

1. Affects in any substantial way, the scope, quality, or performance of the Project, or

2. Limits in any substantial way, inconsistent with the RFP Document, CIDCO’s rights or the Bidder's

obligations under this Agreement, or

3. Unfairly affects the competitive position of other Bidders presenting substantially responsive Bids.

4. The Bidder seeks deviations on the Agreement to License or the Bid process. The Bid to be

submitted by the Bidders would have to be unconditional and unqualified and the Bidders would be

deemed to have accepted the terms and conditions of the RFP Document with all its contents

including the Draft Agreement to License.

CIDCO reserves the right to reject any Bid which is “non-responsive” and no request for alteration,

modification, substitution or withdrawal shall be entertained by CIDCO in respect of such Bid. A Bid once

declared as “non-responsive” and rejected, cannot be made responsive by the Bidder having corrected or

withdrawn the non-conforming deviation or reservation.

The Bids of “Responsive” Bidders shall be evaluated in the following steps:



4.3.2 Step 2: Evaluation of Technical and Financial Capability

At this stage, the Technical and Financial Capability of a Bidder in undertaking the Project would be

assessed. The Bidders would be evaluated on parameters as defined in Clause 5.1, (Criteria for

Evaluating Technical and Financial Capability) and the Bidders found to meet the Technical Capability

Criteria either under category 1 or category 2 and Financial Capability Criteria would be eligible for the

next stage of the selection process. The Commercial Proposal (Cover 2) of the Bidders not found to meet

the Technical and Financial Capability Criteria would be returned unopened.

4.3.3 Step 3: Evaluation of Commercial Proposal

Evaluation of the commercial proposals would be undertaken as detailed in Clause 5.2 only for those

Bidders who are found to meet the Technical and Financial Capability Criteria as specified in the Clause

4.3.2. A ranked list (in the descending order of the value of annual License Rent quoted for the first year

of operations) of Bidders based on the results of the evaluation would be prepared. The top three ranked

Bidders shall be retained till the signing of the Agreement to License with the Successful Bidder.

Subsequent to this process, the Letter of Allotment (LOA) would be issued to the Successful Bidder by

CIDCO. Within 7 (seven) days from the date of issue of the LOA, the Successful Bidder shall sign and

return the duplicate copy of the LOA in acknowledgement thereof. In the event the duplicate copy of the

LOA duly signed by the Successful Bidder is not received by the stipulated date, CIDCO may, unless it

consents to extension of time for submission thereof, appropriate the Bid Security of such Bidder as

Damages on account of failure of the Successful Bidder to acknowledge the LOA, and the next eligible

Bidder may be considered.

After acknowledgement of the LOA as aforesaid by the Successful Bidder, CIDCO will promptly notify

other Bidders that their Proposals have been unsuccessful and their Bid Security will be returned within

30 days without interest on the signing of the Agreement to License with the Successful Bidder. The

Successful Bidder shall then be required to cause the Operator incorporated for undertaking the Project

to enter into an Agreement to License with CIDCO within 45 (forty five) days from date of issue of the

LOA. The Successful Bidder has to bear any expenditure like payment of stamp duty, registration charges

etc. for the purpose of executing the Agreement to License with CIDCO. The Successful Bidder on or

before the date of signing of the Agreement shall:

1. Pay an Upfront Payment of Rs. _____ crore in the form of a Demand Draft from a commercial/

nationalised/ scheduled bank drawn in favour of the “CIDCO Limited” payable at Navi Mumbai,

2. Furnish Performance Security as stipulated in the Volume 2: Agreement to License by way of

irrevocable Bank Guarantee issued by a commercial/ nationalised/ scheduled bank drawn in favour of

the “CIDCO Limited” payable at Navi Mumbai, as required under the Agreement to License.

Failure of the Successful Bidder to comply with the requirements mentioned herein above shall constitute

sufficient grounds for the annulment of the LOA, and forfeiture of the Bid Security. In such an event,

CIDCO reserves the right to

1. either invite the next best Bidder for negotiations; or

2. call for fresh Bids; or

3. take any such measure as may be deemed fit in the sole discretion of CIDCO, including annulment of

the bidding process



4.3.4 Contacts during Bid Evaluation

Bids shall be deemed to be under consideration immediately after they are opened and until such time

CIDCO makes official intimation of award/ rejection to the Bidders. While the Bids are under

consideration, Bidders and/ or their representatives or other interested parties are advised to refrain, save

and except as required under this RFP Document, from contacting by any means, CIDCO and/ or their

employees/ representatives on matters related to the Bids under consideration.



5 EVALUATION OF PROPOSAL

5.1 Evaluation of Technical and Financial Capability

Qualification will be based on the assessment of the Technical and Financial Capability of the Bidders.

The Bidders would be evaluated on eligibility criteria as defined in Clauses 5.1.3 and 5.1.4. The Bidders

found to meet the Technical Capability Criteria either under category 1 or under category 2 and the

Financial Capability Criteria would be eligible for the next stage of the selection process.

5.1.1 Entity to be evaluated in case of a Bidding Entity

The Financial and Technical Capability shall be evaluated for the Bidding Entity. Financial Capability of an

Associate of the Bidding Entity can be considered, if proposed in place of the Bidding Entity. The Bid

should clearly indicate the Entity that should be considered for the evaluation of Financial and Technical

Capability as per the format in Section 13.

5.1.2 Entity to be evaluated in case of a Bidding Consortium

5.1.2.1 For evaluation under the Technical Capability Criteria

The Technical Consortium Member (TCM) OR the Lead Consortium Member (LCM) shall be evaluated

for the criteria mentioned under the Technical Capability Criteria as specified in Clause 5.1.3. The Bid

should clearly indicate the Entity that should be considered for the evaluation of Technical Capability in

Section 13.

5.1.2.2 For evaluation under the Financial Capability criteria

Either the financial strength of the Lead Consortium Member (LCM) shall be considered or if it so prefers,

the financial strength of an Associate of the LCM could be presented for evaluation in lieu of itself. The

Bid should clearly indicate the Entity that should be considered for the evaluation of Financial Capability

as per the format in Section 13. If the Bidding Consortium is proposing to consider the capability of its

Associate then it has to submit a letter on the covering letter of such Associate as per the format

mentioned in Section 12 in the Volume – I of this RFP Document.

5.1.3 The Technical Capability Criteria

The Bidder shall satisfy the Technical Capability Criteria either under category 1 OR under category 2

below to qualify for the Project.


(A) Have experience of operating closed exhibition space of at least 6000 sqm for a continuous


exhibitions totalling to 150 exhibition days (excluding assembly & dismantling) in those 3 years

from that Exhibition center.

OR



(B) Have experience of operating closed exhibition space of at least 6000 sqm for a continuous


exhibitions totalling 250 exhibition days (excluding assembly and dismantling) in those 3 years

from that exhibition center and from other exhibition centers.

The Technical Capability Criteria under category 1 shall be fulfilled by the Bidding Entity or in the

case of a Bidding Consortium, by the Technical Consortium Member.


(A) Have experience of organizing exhibitions at closed exhibition spaces of at least 6000 sqm for at

least 75 exhibition days (excluding the days for assembly and dismantling) each year for a

continuous period of 3 years in last 5 years from the RFP Due Date;

AND

(B) Have experience of maintaining an Eligible Facility of at least 6000 sqm each year for a

continuous period of 3 years in last 5 years from the RFP Due Date.

The Technical Capability Criteria under category 2 shall be fulfilled by the Bidding Entity or in the

case of a Bidding Consortium, by the Technical Consortium Member. Additionally, in the case of a

Bidding Consortium, if the Lead Consortium Member fulfils either (A) or (B) of the Technical

Capability Criteria under category 2, the Technical Consortium Member shall fulfil the Technical

Capability Criteria under category 2 that is not fulfilled by the Lead Consortium Member.

The Bidder should furnish the details of experience and furnish evidence to support its claim as per

Section 17. The Bidder shall furnish evidence to support the information provided for evaluation under

technical capability. The Bidder should furnish the details of technical capability as on the date of

submission of RFP. The Bidder is required to submit certificates along with any other supporting

documents as proof for the Technical Capability Criteria. The above-mentioned documents must be

provided for the Entity eligible to be evaluated under the Technical Capability Criteria.

5.1.4 The Financial Capability Criteria

The Bidder shall satisfy all the below mentioned criteria to qualify for the Project.

1. Net worth of the Bidder as on March 31, 2013 (or latest applicable financial year ending date) shall be

at least INR 50 crore (Indian rupees fifty crore only), duly certified by the Bidder’s Statutory

Auditor; AND

2. Average Net Cash Accruals of the Bidder over the last three completed financial years shall be at

least INR 10 crore (Indian rupees ten crore only), duly certified by the Bidder’s Statutory Auditor.

The Financial Capability Criteria shall be fulfilled by the Bidding Entity or in the case of a Bidding

Consortium, by the Lead Consortium Member.

The Bidders should provide information regarding the above based on audited annual accounts for the

respective financial years. The information to be provided as per Section 18 shall be certified by a

Statutory Auditor. The financial year would be the same as the one normally followed by the Bidder for its

annual financial statements.



Net worth of a Business Entity shall be defined as: (Subscribed and Paid up Capital + Reserves) -

(Revaluation reserves + Miscellaneous expenditure not written off + Intangible assets + Accumulated

Losses if any)

Net Cash Accruals of a Business Entity shall be defined as (Profit after Tax + Depreciation and

Amortization + any other non-cash expenses debited from the Income Statement) – (Dividends paid if

any)

The definition of ‘Profit after Tax’, ‘Depreciation and Amortization’, and ‘Dividends’ shall be as per the

accounting code of the Bidder’s country, in which the Bidder has the registered office. In case of a

Bidding Consortium, then the accounting code of the country of the LCM’s registered office, whose

financial capability is being evaluated, shall be considered.

The RFP must be accompanied by the audited annual financial statements of the Bidder (i.e. last

three completed financial years of the Bidding Entity or the Lead Consortium Member and

Technical Consortium Member if it’s a Bidding Consortium).

In case the annual accounts for the latest financial year are not audited and therefore the Bidder could not

make it available, the Bidder shall give an undertaking to that effect and the Statutory Auditor shall certify

the same. In such a case, the Bidder may provide the un-audited Annual Accounts (with Schedules) for

the latest financial year. In any case, the Audited Annual Financial Statements for two years preceding

the latest financial year would have to be provided, failing which the RFP will be deemed as non-

responsive and will be rejected.

The Bidder should furnish the details evidence to support its claim as per Section 18.

5.2 Evaluation of Commercial Proposal

The Commercial Proposal evaluation seeks to select the Entity offering the best commercial terms. The

information requirements and guidelines for submission of the Commercial Proposal are detailed in

Section 19.

5.2.1 Commercial Proposal Parameters

The Commercial Proposals of all the Bidders would be evaluated on the basis of the value of quoted

annual License Rent payable to CIDCO for the first year of operations.

The information provided shall be evaluated as per the format detailed in Section 19. The Bidders are

requested to note that the annual License Rent has to be quoted only in Indian rupees. Any Bids received

with the annual License Rent quoted in any other currency or any combination with any other currency

will be treated as non-responsive. The annual License Rent quoted should be exclusive of Service Tax

and the Operator shall pay Service Tax to CIDCO over and above the annual License Rent payable.

5.2.2 Evaluation of Commercial Proposal

The Bidder has to quote the annual License Rent payable to CIDCO for the first year of operations as

mentioned in the format in Section 19. This annual License Rent payable to CIDCO for the first year of

operations shall be escalated by 30% (thirty percent) once every 3 (three) years. For example the annual

License Rent payable to CIDCO in the fourth year shall be at least 1.3 times the annual License Rent

payable in the first year. In addition to this annual License Rent payable to CIDCO every year, the Bidder



also needs to pay CIDCO an Upfront Payment equal to 1.5 (one and half) times the annual License Rent

payable to CIDCO for the first year of operations upon signing of the Agreement to License.

For the purpose of evaluation of the Commercial Proposals of the Bidders, the annual License Rent

payable to CIDCO for the first year of operations as quoted by the Bidders would be ranked in

descending order, with the Bidder quoting the highest value of the annual License Rent for the first year

of operations being ranked first and the Bidder quoting the second highest ranked as second and so on.

The Bidder offering the highest value of the annual License Rent payable to CIDCO for the first year of

operations would be preferred as a Bidder who subsequently shall be designated as the Successful

Bidder after signing of the Agreement to License between CIDCO and the Operator incorporated by the

Bidder for undertaking this Project. The payments from the Operator to CIDCO shall be made as per the

schedule provided in the draft Agreement to License.

Bidders are requested to note that the annual License Rent quoted should not have any conditionality

attached or deviations from the Agreement to License as indicated in the RFP Document. Bids with

conditions attached may be treated as non-responsive and liable for rejection at the discretion of CIDCO.

In the event that two or more Bidders, quote the same highest value of the annual License Rent payable

to CIDCO in the first year of operations in the Commercial Proposal, CIDCO may invite fresh Commercial

Proposals from such Bidders. This process shall be repeated for three times if similar situation arises.

However, even after taking such repeated steps the situation remains unchanged then the Bid selection

would be settled through drawing of lots among the tied Bidders.



6 FRAUD AND CORRUPT PRACTICES

The Bidders and their respective officers, employees, agents and advisers shall observe the highest

standard of ethics during the Bidding Process and subsequent to the issue of the LOA and during the

subsistence of the Agreement to License. Notwithstanding anything to the contrary contained herein, or in

the LOA or the Agreement to License, CIDCO may reject a Bid, withdraw the LOA, or terminate the

Agreement to License, as the case may be, without being liable in any manner whatsoever to the Bidder

or the Special Purpose Company incorporate by the Bidder for the execution of this Project, as the case

may be, if it determines that the Bidder or the Special Purpose Company, as the case may be, has,

directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive

practice, undesirable practice or restrictive practice in the Bidding Process. In such an event, CIDCO shall

be entitled to forfeit and appropriate the Bid Security or Performance Security, as the case may be, as

Damages, without prejudice to any other right or remedy that may be available to CIDCO under this RFP

Document, or otherwise.

Without prejudice to the rights of CIDCO under this Section 6 hereinabove and the rights and remedies

which CIDCO may have under the LOA or the Agreement to License, or otherwise if a Bidder or the

Operator incorporated, as the case may be, is found by CIDCO to have directly or indirectly or through an

agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable

practice or restrictive practice during the Bidding Process, or after the issue of the LOA or the execution

of the Agreement to License, such Bidder or the Operator incorporated by such Bidder for undertaking

this Project shall not be eligible to participate in any tender or RFP issued by CIDCO during a period of 2

(two) years from the date such Bidder or Operator incorporated, as the case may be, is found by CIDCO

to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent

practice, coercive practice, undesirable practice or restrictive practices, as the case may be.

For the purposes of this Section 6, the following terms shall have the meaning hereinafter respectively assigned to them:

1. “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of

anything of value to influence the actions of any person connected with the Bidding Process (for

avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever,

directly or indirectly, any official of CIDCO who is or has been associated in any manner, directly or

indirectly, with the Bidding Process or the LOA or has dealt with matters concerning the Agreement to

License or arising therefrom, before or after the execution thereof, at any time prior to the expiry of

one year from the date such official resigns or retires from or otherwise ceases to be in the service of

CIDCO, shall be deemed to constitute influencing the actions of a person connected with the Bidding

Process); or (ii) save and except as permitted under this RFP Document, engaging in any manner

whatsoever, whether during the Bidding Process or after the issue of the LOA or after the execution

of the Agreement to License, as the case may be, any person in respect of any matter relating to the

Project or the LOA or the Agreement to License, who at any time has been or is a legal, financial or

technical adviser of CIDCO in relation to any matter concerning the Project;



2. “fraudulent practice” means a misrepresentation or omission of facts or suppression of facts or

disclosure of incomplete facts, in order to influence the Bidding Process;

3. “coercive practice” means impairing or harming, or threatening to impair or harm, directly or

indirectly, any person or property to influence any person’s participation or action in the Bidding

Process;

4. “undesirable practice” means (i) establishing contact with any person connected with or employed

or engaged by CIDCO with the objective of canvassing, lobbying or in any manner influencing or

attempting to influence the Bidding Process; or (ii) having a Conflict of Interest; and

5. “restrictive practice” means forming a cartel or arriving at any understanding or arrangement

among Bidders with the objective of restricting or manipulating a full and fair competition in the

Bidding Process



7 PRE-BID CONFERENCE

Pre-Bid Conference(s) of the Bidders shall be convened at the designated date, time and place. A

maximum of five representatives of each Bidder shall be allowed to participate on production of authority

letter from the Bidder.

During the course of Pre-Bid Conference(s), the Bidders will be free to seek clarifications and make

suggestions for consideration of CIDCO. CIDCO shall endeavour to provide clarifications and such further

information as it may, in its sole discretion, consider appropriate for facilitating a fair, transparent and

competitive Bidding Process.



8 MISCELLANEOUS

The Bidding Process shall be governed by, and construed in accordance with, the laws of India and the

Courts at [Navi Mumbai/ Mumbai] shall have exclusive jurisdiction over all disputes arising under,

pursuant to and/ or in connection with the Bidding Process.

CIDCO, in its sole discretion and without incurring any obligation or liability, reserves the right, at any

time, to;

1. suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement the Bidding Process

or modify the dates or other terms and conditions relating thereto;

2. consult with any Bidder in order to receive clarification or further information;

3. retain any information and/ or evidence submitted to CIDCO by, on behalf of, and/ or in relation to any

Bidder; and/ or

4. independently verify, disqualify, reject and/ or accept any and all submissions or other information

and/ or evidence submitted by or on behalf of any Bidder

It shall be deemed that by submitting the Bid, the Bidder agrees and releases CIDCO, its employees,

agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims,

losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any

rights and/ or performance of any obligations hereunder, pursuant hereto and/ or in connection with the

Bidding Process and waives, to the fullest extent permitted by applicable laws, any and all rights and/ or

claims it may have in this respect, whether actual or contingent, whether present or in future.



9 ACKNOWLEDGEMENT OF RECEIPT OF RFP DOCUMENT AND NOTICE OF INTENT TO SUBMIT PROPOSALS

Date:

Place:

To,




CBD Belapur,

Navi Mumbai- 400614

Dear Sir,

Ref: Selection of Operator for Navi Mumbai Exhibition Centre at Vashi, Navi Mumbai

The undersigned hereby acknowledges and confirms receipt of both the Parts (i.e. Volume 1 and Volume

2) of the Request for Proposal (RFP) Document from CIDCO and conveys its intention to submit its Bid

for the Selection of an Operator for Navi Mumbai Exhibition Centre at Vashi, Navi Mumbai. Following are

our contact details:

Name of contact person

Designation

Name of the organisation

Address

Telephone

Email

Signature

Date of Receipt of RFP Document



Thanking you,

Yours sincerely,

For and on behalf of : (here enter the name of the Bidder and the Company Seal)

Signature : (Authorised Representative and Signatory)

Name of the Person :

Designation :



10 FORMAT OF COVERING LETTER

(The covering letter is to be submitted by the Bidding Entity or the Lead Consortium Member of a Bidding

Consortium. To be provided on the Company letterhead)

Date:

Place:

To,




CBD Belapur,

Navi Mumbai- 400614

Dear Sir,


Please find enclosed our Bid in respect of the Selection of an Operator for Navi Mumbai Exhibition Centre

at Vashi, Navi Mumbai in response to the Request for Proposal (“RFP”) Document issued by the CIDCO

dated ----, 2014.

We hereby confirm the following:

1. The Bid is being submitted by __________ (name of the Bidding Entity/ Lead Consortium Member

in case of Bidding Consortium) who is the Bidding Entity / 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 RFP Document. (In case

of a Bidding Consortium) Our Bid includes the Letter(s) of Acceptance in the format specified in the

RFP Document.

2. We have examined in detail and have understood the terms and conditions stipulated in the RFP

Document issued by CIDCO and in any subsequent communication sent by CIDCO. We agree and

undertake to abide by all these terms and conditions. Our Bid is consistent with all the requirements

of submission as stated in the RFP Document or in any of the subsequent communications from

CIDCO.

3. The information submitted in our Bid is complete, is strictly as per the requirements as stipulated in

the RFP Document, and is correct to the best of our knowledge and understanding. We would be

solely responsible for any errors or omissions in our Bid.

4. We confirm that our Commercial Proposal does not contain any Conditions.



5. The Bidding Entity / Bidding Consortium of which we are the Lead Consortium Member (Please

strike out whichever is not applicable), satisfies the legal requirements and meets all the eligibility

criteria laid down in the RFP Document.

6. We confirm that our Bid shall be valid for a period of 180 days from the last date of submission of the

Bid.

For and on behalf of :



Designation :



11 FORMAT OF LETTER OF ACCEPTANCE

(The Letter of Acceptance is to be submitted by the Bidding Consortium Member separately other than the Lead

Consortium Member of the Bidding Consortium)

Date:

Place:

To,




CBD Belapur,

Navi Mumbai- 400614

Dear Sir,


This is with reference to the Bid being submitted by _______ (mention 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 the Selection of Operator for Navi Mumbai

Exhibition Centre at Vashi, Navi Mumbai in response to the Request for Proposal Document (“RFP

Document”) issued by CIDCO dated ---, 2014.


1. We __________________(name of the Consortium Member furnishing the Letter of Acceptance),

have examined in detail and have understood and satisfied ourselves regarding the contents

included in respect of the following:

a. The RFP Document issued by CIDCO

b. All subsequent communications between CIDCO and the Bidder, represented by _________________ (Mention name of the Lead Consortium Member);

c. The Bid being submitted by _________________ (name of the Lead Consortium Member).

2. We have satisfied ourselves regarding our role as ______________________ (here give a brief

description of the role) in the Project as specified in the Bid. If the Bidding Consortium is awarded the

Project we shall perform our role as outlined in the Bid to the best of our abilities. We have examined

the Bid in detail and the commitments made in the same. We agree and undertake to abide by the

Bid and the commitments made therein.

3. We have authorised ____________________ (name of the Lead Consortium Member), as the Lead

Consortium Member and authorise them to perform all tasks including, but not limited to providing



information, responding to enquiries, entering into contractual commitments etc. on behalf of the

Bidding Consortium, in respect of this Project.

4. We understand that, no change in the membership in the Bidding Consortium, in the role and form of

responsibility of any Consortium Member shall be permitted after submission of the Bid. If any

change in the membership of the Bidding Consortium is desired, it would need to be communicated

to CIDCO in writing for its approval. CIDCO would reserve the right to reject such requests for a

change of Bidding consortium’s structure, if in its opinion; it would adversely affect the same.


Signature : (Authorised Signatory of respective Consortium Member)


Designation :



12 FORMAT OF LETTER OF COMMITMENT

(The Letter of Commitment is to be submitted by the company whose strengths or credentials are desired to be considered for purpose of the evaluation by the Bidding Entity or the Consortium)

Date:

Place:

To,




CBD Belapur,

Navi Mumbai- 400614

Dear Sir,


This is reference to the Bid being submitted by _______________ (mention 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 the Selection of an

Operator for Navi Mumbai Exhibition Centre at Vashi, Navi Mumbai in response to the Request for

Proposal Document (“RFP Document”) issued by CIDCO dated ---, 2014.


1. We __________________(name of the Company, whose credentials are to be considered for

evaluation of financial eligibility criteria), have examined in detail and have understood and satisfied

ourselves regarding the contents mainly in respect of the following:

a. The Request for Proposal Document issued by CIDCO;

b. All subsequent communications between CIDCO and the Bidder, represented by _______________________ (name of the Bidding Entity or of the Lead Consortium Member in case of a Bidding Consortium); and

c. The RFP being submitted by _________________ (name of the Bidding Entity or of the Lead Consortium Member in case of a Bidding Consortium).

2. We have satisfied ourselves regarding our role as _________________ (here give a brief description

of the role) in the Project as specified in the RFP Document. If __________________ (name of the

Bidding Entity / Bidding Consortium) is awarded the Project we shall perform our role as outlined in

the RFP to the best of our abilities.

3. The nature of our legal relationship with the Bidding Entity / Lead Consortium Member of the Bidding

Consortium is specified in the RFP, as per the requirements stated in the RFP Document.




Signature : (Authorised Signatory of respective Bidding Consortium Member)


Designation :



13 DESCRIPTION OF BIDDER

Details of Bidding Entity:

Name of the Bidding Entity

Address of the Registered/ Head Office of the Bidding

Entity

Contact Number and mail id of Authorised

Representative:

Certificate of Incorporation / Commencement

Certificate (if any)

Submission of copy of the Certificate of

Incorporation / Commencement Certificate

(if any)

Company to be considered for Evaluation

For Financial Capability Bidding Entity OR

The Associate

For Technical Capability Bidding Entity

Details of Bidding Consortium:

Name of the Lead Consortium Member

Address of the Registered/ Head Office of the LCM


Representative:





(if any)

Name of the Technical Consortium Member

Address of the Registered/ Head Office of the

Consortium Member/ Technical Consortium Member


Representative:





(if any)



Equity Contribution of Bidding Consortium

Equity contribution of Lead Consortium Member %

Equity contribution of Technical Consortium Member %

Consortium to be considered for Evaluation

Name of the Consortium Member

For Technical Capability Lead Consortium Member OR

Technical Consortium Member

For Financial Capability Lead Consortium Member OR

The Associate



14 FORMAT OF POWER OF ATTORNEY FOR DESIGNATING LEAD CONSORTIUM MEMBER

(To be executed on a Non-judicial stamp paper of Rs. 100)

Power of Attorney

Whereas City and Industrial Development Corporation of Maharashtra Limited ("CIDCO") has invited

proposals from interested parties for the Selection of Operator for Navi Mumbai Exhibition Centre at

Vashi, Navi Mumbai.

Whereas, the members of the Consortium are interested in bidding for the Project and implementing the

Project in accordance with the terms and conditions of the Request for Proposal (RFP) Document and

other connected documents in respect of the Project, and

Whereas, it is necessary under the RFP Document for the Consortium Member to designate the Lead

Consortium Member with all necessary power and authority to do for and on behalf of the Consortium, all

acts, deeds and things as may be necessary in connection with the Consortium’s Bid for the Project who,

acting jointly, would have all necessary power and authority to do all acts, deeds and things on behalf of

the Consortium, as may be necessary in connection with the Consortium’s Bid for the Project.

NOW THIS POWER OF ATTORNEY WITNESSETH THAT;

We, M/s. -------(Lead Consortium Member) and M/s -------(Technical Consortium Member) (the respective

names and addresses of the registered office) do hereby designate M/s. --------------------------------------------

---------------------------- being one of the members of the Consortium, as the Lead Consortium Member of

the Consortium, to do on behalf of the Consortium, all or any of the acts, deeds or things necessary or

incidental to the Consortium’s Bid for the Project, including submission of Bid, participating in

conferences, responding to queries, submission of information/ documents and generally to represent the

Consortium in all its dealings with CIDCO, any other Government Agency or any person, in connection

with the Project until culmination of the process of bidding and thereafter till the Agreement to License is

entered into with CIDCO.

We hereby agree to ratify all acts, deeds and things lawfully done by Lead Consortium Member, our said

attorney pursuant to this Power of Attorney and that all acts deeds and things done by our aforesaid

attorney shall and shall always be deemed to have been done by us / Consortium.

Dated this ……Day of …….2014

…………………………………

(Executants) - (To be executed by all the members of the Consortium)

Note: To be executed only in case of a Consortium and 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.



15 FORMAT FOR POWER OF ATTORNEY FOR DESIGNATING AN AUTHORISED REPRESENTATIVE


Power of Attorney

Know all men by these presents, we ……………………. (name and address of the registered office) do

hereby constitute, appoint and authorise Mr / Ms………………………………(name and residential

address) 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 project “Selection of Operator for Navi Mumbai Exhibition Centre

at Vashi, Navi Mumbai”, including signing and submission of all documents and providing information /

responses to City and Industrial Development Corporation of Maharashtra Limited ("CIDCO"),

representing us in all matters before CIDCO, and generally dealing with CIDCO in all matters in

connection with our Bid for the said Project.

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to this

Power of Attorney and that all acts, deeds and things 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)

Note:

1. In case of Bidders who are not resident in India, the Power of Attorney may be submitted on plain paper attested

by any authorised officer of the Embassy of India and duly stamped in accordance with the relevant rules of the

Registration Department of the Government of Maharashtra.

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, wherever required, the Bidder 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.

4. In case an authorised Director of the Bidder signs the Proposal, a certified copy of the appropriate resolution

conveying such authority may be enclosed in lieu of the Power of Attorney.



16 FORMAT FOR UNDERTAKING


The information/ documents submitted by us are true to our knowledge and if the information/ documents

so furnished shall be found to be untrue or false, the Bid shall be liable to be disqualified and our Bid

Security accompanying the Bid will be forfeited.

Also we are aware that if the information/ document furnished are found to be untrue or false during the

currency of contract, then our contract is liable to be terminated.

We hereby declare that we have made ourselves thoroughly conversant with the specifications and

conditions laid by CIDCO for this Bid and we have understood the same before submitting this Bid.

We hereby certify and confirm that in the preparation and submission of our Bid for the proposals listed

below, 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.

We further confirm that we have not offered nor will offer any illegal gratification in cash or in kind to any

person or agency in connection with the instant proposals.

We agree that the amount of Bid Security shall be liable to be forfeited by CIDCO, should we fail to abide

by the stipulation to keep the offer open for a period of not less than 180 days from the date fixed for

opening the same and thereafter until it is withdrawn by us by the notice in writing duly addressed to the

authority opening the Bids.

Bidder _______________________

Address ________________________

________________________

Dated the ________ day of ______________ 2014 Signature of Bidder

Witness

Address ________________________

________________________

Dated ___________ day of ________ 2014

Signature of Witness



17 INFORMATION FORMAT FOR TECHNICAL CAPABILITY

Experience of the Bidder and Supporting documents – category 1

Technical Capability Criteria – category 1

Summary of Bidder’s Experience

The Bidder should meet the following:

1. Have experience of operating closed

exhibition space of at least 6000

sqm for a continuous period of 3

years in last 5 years from the RFP

Due Date and having organized /

conducted exhibitions totalling to

150 exhibition days (excluding

assembly & dismantling) in those 3

years from that Exhibition center.

OR

2. Have experience of operating closed

exhibition space of at least 6000

sqm for a continuous period of 3

years in last 5 years from the RFP

Due Date and having organized /

conducted exhibitions totalling 250

exhibition days (excluding assembly

and dismantling) in those 3 years

from that exhibition center and from

other exhibition centers.

Exhibition facilities comprises of:

1. Closed exhibition space of ______ sqm at ______

exhibition center from ______ to ______.





At the above facilities, Bidder has organized/ hosted

exhibitions totalling:

1. ______ exhibition days at ______ exhibition center from

______ to ______.


______ to ______.


______ to ______.

(Add the number of exhibition centers based on the

experience to be claimed)

(The Bidder shall provide details of the operation of closed

exhibition space and exhibitions/ other events organized and

details of the exhibition facility as per format below)



Name of Entity to be evaluated:

Sr.

No.

Name of

Exhibition

Centre

Closed exhibition space Documentary proof (To be attached

with this format)

Area

(sqm)

Period Details of Exhibitions

organized

Proof list (√ ) if

attached

1. ___ to

___

Provide the following

info:

1. Name of exhibition

2. Period of exhibition

(Dates) and number

of exhibition days

3. Name of the

Organizer (along

with contact details)

4. Number of exhibitors

5. Number of visitors

1. Certificate from local

authority (Town

planning or Municipal

authority)

2. Certificate from an

appropriate statutory

authority (If point no. 1

above not available)

3. Request letter from the

organizer for booking

the space; and

4. Letter of confirmation

from the operator to

the organizer;



authority (If 3 and 4

above are absent)

2. ___ to

___


info:



(Dates) and number

of exhibition days

3. Name of the

Organizer (along




1. Certificate from local

authority (Town

planning or Municipal

authority)



authority (If point no. 1




the space; and



the organizer;




above are absent)

Note:

Insert more rows if required



Experience of the Bidder and Supporting documents – category 2

Technical Capability Criteria – category 2

Summary of Bidder’s Experience

The Bidder should meet the following:

1. Have experience of organizing

exhibitions at closed exhibition

spaces of at least 6000 sqm for at

least 75 exhibition days (excluding

the days for assembly and

dismantling) each year for a

continuous period of 3 years in last 5

years from the RFP Due Date;

AND

2. Have experience of maintaining an

Eligible Facility of at least 6000 sqm

each year for a continuous period of

3 years in last 5 years from the RFP

Due Date.

Bidder has organized/ hosted exhibitions totalling:

1. ______ exhibition days at ______ exhibition center at

closed exhibition space of ______ sqm from ______ to

______.



______.



______.

(Add the number of exhibition centers based on the

experience to be claimed)

(The Bidder shall provide details of the exhibitions / trade fairs

organized and details of the exhibition facility as per Format 1

below)

Bidder has maintained:

1. ______ (Insert Eligible Facility details) of ______ sqm

from ______ to ______.


from ______ to ______.


from ______ to ______.

(The Bidder shall provide details of maintaining the Eligible

Facility as per Format 2 below)



Format 1


Sr.

No.

Name of

Exhibition

Centre

Closed exhibition space Documentary proof (To be attached

with this format)

Area

(sqm)

Period Details of Exhibitions

organized


attached

1. ___ to

___


info:



(Dates) and number

of exhibition days

3. Name of the

Organizer (along






the space; and



the organizer;




above are absent)

2. ___ to

___


info:



(Dates) and number

of exhibition days

3. Name of the

Organizer (along






the space; and



the organizer;




above are absent)

Note:




Format 2


Sr.

No.

Name of

Eligible

Facility

Area (sqm) Period Documentary proof (To be attached with this

format)


attached

1. ___ to ___ 1. Certificate from local authority

(Town planning or Municipal

authority)

2. Certificate from an appropriate

statutory authority (If point no. 1


2. ___ to ___ 1. Certificate from local authority

(Town planning or Municipal

authority)

2. Certificate from an appropriate

statutory authority (If point no. 1


Note:




18 INFORMATION FORMAT FOR FINANCIAL CAPABILITY

Name of Entity to be evaluated

Net Worth (INR Crore)* 31/03/2013

Average Net Cash Accruals

(INR Crore)*

Net Cash Accruals (INR Crore)* (√ ) if Statutory Auditor

Certificate attached

31/03/2013 31/03/2012 31/03/2011

*As per audited annual financial statements of last completed financial year

Calculations for estimating the Net worth and Net Cash Accruals as mentioned above:

Net worth:

Formulae (Describe against each head the particulars considered) 31/03/2013 (INR)

Paid up capital Xx

Add: Reserves Xx

Less: Revaluation Reserves Xx

Less: Miscellaneous Expenditure not written off Xx

Less: Intangible Assets Xx

Less: Accumulated Losses Xx

TOTAL Xxx

Average Net Cash Accruals:

Formulae (Describe against each formulae head the particulars considered)

31/03/2013 (INR)

31/03/2012 (INR)

31/03/2011 (INR)

Average of 3 years (INR)

Profit after Tax xx xx Xx

Add: Depreciation and Amortization xx xx Xx

Add: Other Non-Cash expenses xx xx Xx

Less: Dividends xx xx Xx

TOTAL xxx xxx Xxx xxx

These calculations have to be certified by the Statutory Auditor. The independent auditor issuing the

certificate should clearly indicate his/her membership number assigned by the Institute of Chartered

Accountants of India (ICAI) or equivalent organisation abroad.

Along with the format and calculations, the Bidder needs to submit audited annual financial statements for

the last three years from its latest financial year.



The Bidder shall provide the audited annual financial statements (with schedules) as required for this

RFP. Failure to do so would be considered as a non-responsive Bid.



19 COMMERCIAL PROPOSAL FORMAT

(To be provided on the letterhead of the Bidding Entity or the Lead Consortium Member in case of a Bidding Consortium)

Date:

Place:

To, The General Manager (IT&SP),



CBD Belapur,

Navi Mumbai- 400614

Dear Sir,

Ref: Selection of an Operator for Navi Mumbai Exhibition Centre at Vashi, Navi Mumbai

Please find enclosed our Commercial Proposal in respect of the Selection of an Operator for Navi

Mumbai Exhibition Centre at Vashi, Navi Mumbai in response to the Request for Proposal (“RFP”)

Document issued by the CIDCO dated _____________ 2014.

Annual License Rent for the first year of Operations: INR ______________ (INR in words)

Thanking you,

Yours sincerely,

For and on behalf of : (here enter the name of the Bidder and the Company Seal) Signature : (Authorised Representative and Signatory) Name of the Person : Designation : Note:

1. In case of a discrepancy while expressing in figures vis-à-vis expressing in words, then the latter shall govern.

2. To be signed by the Lead Consortium Member in case of a Bidding Consortium



20 FORMAT OF BANK GUARUANTEE FOR BID SECURITY

B.G. No. __________________________________ dated __________.

This Deed of Guarantee executed at __________ by ______________ (Name of Bank having its office at

Navi Mumbai) having its Head / Registered office at ____________________ (hereinafter referred to as

“the Guarantor”) which expression shall unless it be repugnant to the subject or context thereof include

its, successors and assigns;

In favour of

City and Industrial Development Corporation of Maharashtra Limited (hereinafter called “CIDCO”), having

its registered office at Nirmal, 2nd Floor, Nariman Point, Mumbai - 400 021, India, which expression shall

unless it be repugnant to the subject or context thereof include its, successors and assigns;

WHEREAS M/s. ______________________ Ltd., a Company registered under provisions of the

Companies Act, 1956 having its registered office at ____________ (hereinafter called “the Bidder”)

which expression shall unless it be repugnant to the subject or context thereof include its/their executors

administrators, successors and assigns, has Bid for Selection of Operator for Navi Mumbai Exhibition

Centre at Vashi, Navi Mumbai (hereinafter referred to as “the Project”).

1. In terms of Clause 4.2.4.1 of the Request for Proposal Document issued in respect of the Project

(hereinafter referred to as “RFP Document”) the Bidder is required to furnish to CIDCO an

unconditional and irrevocable Bank Guarantee for an amount of Rs. ________ (Rupees __________

Only) as Bid Security

2. The Guarantor has at the request of the Bidder and for valid consideration agreed to provide such

Bank Guarantee being these presents:

NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS:

1. The Guarantor, as primary obligor shall, without demur, pay to CIDCO an amount not exceeding Rs.

____________ (Rupees ____________ only) within 5 days of receipt of a written demand from

CIDCO calling upon the Guarantor to pay the said amount and stating that the Bid Security provided

by the Bidder has been forfeited in terms of Clause 4.2.4.1 of the RFP Document.

2. Any such demand made on the Guarantor by CIDCO shall be conclusive and absolute as regards the

forfeiture of Bid Security and the amount due and payable by the Guarantor under this Guarantee.

3. The above payment shall be made without any reference to the Bidder or any other person and

irrespective of whether the claim of CIDCO is disputed by the Bidder or not.

4. This Guarantee shall be irrevocable and remain in full force for a period from _____ (date) ________

(date) or for such extended period as may be mutually agreed between CIDCO and the Bidder and

shall continue to be enforceable till all amounts under this Guarantee are paid.

5. The Guarantee shall not be affected by any change in the constitution or winding up of the Bidder /

the Guarantor or any absorption, merger or amalgamation of the Bidder / the Guarantor with any



other person.

6. In order to give full effect to this Guarantee, CIDCO shall be entitled to treat the Guarantor as the

principal debtor. The obligations of the Guarantor shall not be affected by any variations in the terms

and conditions of the RFP Document or other documents or by extension of time of performance of

any obligations granted to the Bidder or postponement / non exercise / delayed exercise of any of its

rights by CIDCO against the Bidder or any indulgence shown by CIDCO to the Bidder and the

Guarantor shall not be relieved from its obligations under this Bank Guarantee on account of any

such variation, extension, postponement, non exercise, delayed exercise or omission on the part of

CIDCO or any indulgence by CIDCO to the Bidder to give such matter or thing whatsoever which

under the law relating to sureties would but for this provision have effect of so relieving the Guarantor.

7. The Guarantor has power to issue this Guarantee and discharge the obligations contemplated herein,

the undersigned is duly authorised to execute this Guarantee pursuant to the power granted under

_________.

IN WITNESS WHEREOF, The Guarantor through its authorised officer has set its hand and stamp on this

____day, ____month and ____year first hereinabove written.

(Signature)

Full name and official address of authorised official of the Bank with stamp

Power of Attorney no. _________________

Date_____________________

Witness no.1

___________________________________

___________________________________

Witness no.2

___________________________________

___________________________________



21 FORMAT FOR SEEKING CLARIFICATIONS

(This format shall be used for submission of requests for clarifications/amendments on the RFP Document. All

queries and suggestions on the RFP Document should be as per the format provided and must be provided in soft

copy to the address provided in the RFP Document, in addition to hard copies, if any.)

Sr.

No.

Document (whether

RFP/ Agreement to

License)

Section No. and

Existing provision

Clarification

required

Rationale for the

Clarification or

Amendment

Thanking you,

Yours sincerely,

For and on behalf of : (Name of the Bidder and the Company Seal)



Designation :