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    GOVERNMENT OF RAJASTHAN

    TRANSPORT DEPARTMENT

    PRE-QUALIFICATION DOCUMENT

    FOR

    Modernization and computerization of BorderCheck Posts at 13 (Thirteen) locations in the

    state of Rajasthan

    PROJECT

    ON

    BUILD, OPERATE AND TRANSFER BASIS (BOT)

    ISSUED BYTRANSPORT DEPARTMENT

    GOVERNMENT OF RAJASTHAN

    "PARIVAHAN BHAWAN" SAHAKAR MARG, JAIPUR- 302 005website: www.transport.rajasthan.gov.in

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    Government of Rajasthan , Transport Department

    Modernization and computerization of Border check post at 13 (Thirteen) locations in the state of RajasthanPQ Document

    Background:

    Transport Department, Government of Rajasthan (GoR) intends for the Modernization andcomputerization of Border check post at 13 (Thirteen) locations in the state of Rajasthan on a BOT basis.

    Transport Department now invites applications for pre-qualification from Individual Companies/consortia

    having national standing, experience and competence to implement this type of Project on BOT basis.The proposed Modernization and computerization of Border check post at 13 (Thirteen) locations in thestate of Rajasthan would consist of construction, Supply, Commissioning, Operations and maintenance of

    necessary road segment, parking lots / bays, check-post computerized terminal buildings & administrativebuildings, Godown, Cafeteria, Hostel block, residential blocks, electronic weighbridges, Video-Surveillance through closed circuit Television, Automatic vehicle identification , diesel generators,

    computers , hardware, networking including LAN / WAN, electronics and electrical equipments etc.,Operations at check posts like data entry operators, equipments operators, security guards, housekeeping

    staff etc. The base construction cost of these works is estimated at Rs. 500 Crores.Scope of Services:

    The scope for Modernization and computerization of Border check post at 13 (Thirteen) locations in thestate of Rajasthan would consist of construction, Supply, Commissioning, Operations and maintenance ofthese check posts on a BOT basis. The details are available in Prequalification (PQ) Documents beingmade available to the interested applicants.

    Eligibility:1) Financial Criteria

    Sr. No. Criteria Individual

    Company

    Consortium

    1 Net Worth as per

    the latest audited

    balance sheet for

    period ending not

    earlier than 31st

    March 2008.

    Rs 200 Crores Rs.200 Crores for the Lead Members

    alone who will always hold the

    highest stake in the consortium during

    his lock-in period. Each Consortium

    Member should have positive net

    worth and shall hold minimum of 5%

    equity in the SPV.

    Transport Department

    GOVERNMENT OF RAJASTHAN

    Modernization and computerization of Border check post at 13 (Thirteen)locations in the state of Rajasthan

    Invitation for pre-qualification of Individual Companies/Consortia forImplementation of the Project on BOT basis

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    Government of Rajasthan , Transport Department

    Modernization and computerization of Border check post at 13 (Thirteen) locations in the state of RajasthanPQ Document

    2 Net Profit after tax

    (average of last 3

    years as per audited

    balance sheets, thelatest balance sheet

    for period ending

    not earlier than 31st

    March 2008)

    Rs.30 Crores Rs.30 Crores for the Lead Member

    alone who will always hold the

    highest stake in the consortium during

    his lock-in period. Each ConsortiumMember shall hold minimum of 5%

    equity in the SPV.

    2) Technical Criteria

    i. Individual Company and/or Consortium Member should have implemented minimum of

    one Infrastructure project on BOT costing Rs.150 Crores or more.

    ii. Individual Company or Consortium Member/s should have experience completed/ works in hand costing Rs. 40 crores or more, in not more than 5 projects.

    Information Technology Project/s like State wide area network projector supply, installation commissioning and maintenance works

    including desktops, servers, software, networking including LANand WAN etc.

    or

    electrical & electronic equipments project/s for supply, installation,commissioning and maintenance works related to Interstate Border

    Checkpost or similar nature work/sor

    TOLL work/s

    iii. All works and experiences cited as requirements above should be in relation toproject/projects commissioned after 31

    stMarch 1997.

    Details of financial and technical eligibility criteria for Individual Company and/or consortium areavailable in the PQ document. The financial and technical criteria set above would be assessed withparticular reference to skills and competencies as required for the project.

    2) PQ documents

    PQ document' can be obtained between 10.00 hrs. and 17.00 hrs. on all working days from

    20.08.2008 to 15 .10.2008 up to 1500 hrs. at the address for communication mentioned

    below on payment of non-refundable document fee of Rs. 1000/- (Rs. One Thousand only)

    in the form of a Demand Draft favouring Transport Commissioner Transport Department ,

    Government of Rajasthan , Jaipur. In case the Pre qualification document is downloaded from

    the department website the payment of non-refundable document fee of Rs. 1000/- (Rs. One

    Thousand only) can be submitted by way of demand draft along with the RFQ document.

    .

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    Government of Rajasthan , Transport Department

    Modernization and computerization of Border check post at 13 (Thirteen) locations in the state of RajasthanPQ Document

    Disclaimer

    1. The purpose of this Pre-Qualification Document is to elicit information from interested parties

    about their eligibility for the proposed Project, with a view to short-listing Applicants to bidagainst the Request for Proposal Document that would be issued at a later stage. Neither this Pre-Qualification Document nor any part hereof shall, or shall be deemed to, constitute, or shall beinterpreted as, an offer or an invitation for offer in any way, in connection with the Project or anycontract relating thereto.

    2. The additional purpose of this Pre-Qualification Document is to assist the prospective Applicantsto ascertain their eligibility for the proposed Project, provided however that this Pre-QualificationDocument is neither intended, nor shall be deemed, to form the basis of any investment decisionor any decision to proceed with the Project.

    3. Whilst the information in this Pre-Qualification Document and other information compiled (and

    as may be compiled) by or on behalf of Transport Department (Documents & Information)have been prepared in good faith, they are not, and do not purport to be, comprehensive orindependently verified. No representation or warranty, express or implied, is or shall be deemed tohave been made as to the reliability, accuracy, completeness or appropriateness of any of theinformation contained in the Documents & Information. Neither Transport Department nor itsemployees or consultants accept any liability or responsibility for the accuracy, reliability,completeness or appropriateness with respect to the information contained in the Documents &Information or on which any of them is based or with respect to any written or oral informationmade or to be made available to any of the prospective Applicants; and consequently, the liabilityin respect thereof is hereby expressly disclaimed.

    4. Neither Transport Department nor its employees nor its consultants shall be liable to any

    prospective Applicant or any other person, under any law, including the law of contract, tort, theprinciples of restitution or unjust enrichment or otherwise, for any loss, expense or damage, whichmay arise, or be incurred, or suffered, directly or indirectly, in connection with the Documents &Information, or any matter that may be deemed to form part thereof, or any other informationsupplied by or on behalf of Transport Department or its employees or consultants, or otherwisearising in any way from the selection process mentioned herein.

    5. If any discrepancy is noticed by any prospective Applicant in this Pre-Qualification Document it

    must be intimated immediately to Transport Department at the address mentioned below. If no

    intimation is received by Transport Department at the below mentioned office within 15 daysfrom the date of issue of this Pre-Qualification Document, then it shall be deemed that the Pre-Qualification Document received by the Applicant are complete in all respects and that the

    Applicant is satisfied that the Pre-Qualification Document are complete.

    Address:The Transport Commissioner,Government of Rajasthan,Parivahan BhavanSahakar Marg, Jyoti NagarJaipurINDIATel: +91 141 - 2740021, 2740023,5116111Fax: +91 141 2740573E-mail: [email protected]

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    Government of Rajasthan , Transport Department

    Modernization and computerization of Border check post at 13 (Thirteen) locations in the state of RajasthanPQ Document

    TABLE OF CONTENTS

    1. PURPOSE OF THIS DOCUMENT AND INVITATION TOAPPLICANTS 9

    2. EXPLANATION OF THE TERMS USED 10

    3. BIDDING PROCESS 183.1 Stage I - Request for Qualification (RFQ) 183.2 Stage II - Request for Proposal (RFP) 183.3 Commitment to a fair and transparent process 20

    4. ELIGIBLE ENTITIES 214.1 Applicant as an Individual Company 214.2 Applicant as a Consortium 214.3 Legal Issues 23

    5. INSTRUCTIONS TO APPLICANTS 255.1 Objective of Pre-Qualification 255.2 Contents of the Application 255.3 General instructions 255.4 Clarifications to Applicants 275.5 Last date for seeking Clarification 28

    6. PRE QUALIFICATION CRITERIA 29

    7. EVALUATION OF APPLICATION 317.1 Confidentiality 317.2 Tests of responsiveness 317.3 Clarifications from Applicants 317.4 Evaluation and Comparison 31

    8. FORMATS FOR SUBMISSION OF DETAILS 33

    9. Project Information Document 511) Introduction 512) Project Brief 513) Purpose and Intention of the project 514 Brief Description of Work 525. Scope of Works 53Part I - Road Works. 53Part II - Building Works 56Part III- Electrical Equipments 58Part IV A Electronic Equipments 59

    Part IV-B Computers Hardware, networking and software works 60Part V Miscellaneous Works 62Part V-A. Landscaping & Beautification works 62

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    Government of Rajasthan , Transport Department

    Modernization and computerization of Border check post at 13 (Thirteen) locations in the state of RajasthanPQ Document

    Part V- B. Facility Center 62Part V-C. Manning of Checkpost. 63Part V-D. Other Works 63Part V-E Utility bill payments. 64

    Part VI-Operation and maintenance works 64

    10. Name Location of Border Check posts 65

    11. CONTACT DETAILS 66

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    Government of Rajasthan , Transport Department

    Modernization and computerization of Border check post at 13 (Thirteen) locations in the state of RajasthanPQ Document

    1. PURPOSE OF THIS DOCUMENT AND INVITATION TOAPPLICANTS

    This Pre-Qualification (PQ) Document is issued by Transport Department, Government of Rajasthan.

    Transport Department is issuing this PQ Document with the purpose of inviting Request for Qualification(RFQ) from developers to design, develop, finance, build and operate and maintain these 13 ThirteenBorder Integrated Check posts Project In Rajasthan (the Project) on Build Operate Transfer (BOT)

    basis.

    The qualified bidder would be required to quote in separate envelope; one marked ConcessionPeriod. In the envelope marked Concession Period, the bidders would quote on a variableconcession period. The bidder quoting the minimum concession period would be awarded the

    Project subject to his fulfillment of other conditions given in the RFP.

    This PQ sets out the process for short listing Applicants for development of the Project, and contains:

    Instructions to the Applicants

    Overview of the selection process

    The pre-qualification requirements

    Formats for submission

    The basic information about the Project

    Applicants interested in developing the Project on a BOT basis may submit their RFQ to the undersigned.Any feedback / suggestions on the PQ Document may also be sent to the undersigned.

    Address:The Transport Commissioner,Government of Rajasthan,Parivahan Bhavan

    Sahakar Marg, Jyoti Nagar

    JaipurINDIATel: +91 141 - 2740021, 2740023,5116111Fax: +91 141 2740573E-mail: [email protected]

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    Government of Rajasthan , Transport Department

    Modernization and computerization of Border check post at 13 (Thirteen) locations in the state of RajasthanPQ Document

    2. EXPLANATION OF THE TERMS USED

    1.1 Definitions

    In this Agreement, the following words and expressions shall, unless repugnant to the context ormeaning thereof, have the meaning hereinafter respectively assigned to them:

    "Accounting Year" means the financial year commencing from 1st April of any calendar year

    and ending on 31st March of the next calendar year.

    "Agreement" means this agreement including all Schedules of RFP hereto, and any

    amendments thereto made in accordance with the provisions of this Agreement.

    "Applicable Laws" means all laws, promulgated or brought into force and effect byGovernment of Rajasthan and Government of India including regulations and rules made

    thereunder, and judgements, decrees, injunctions, writs and orders of any court of record, as maybe in force and effect during the subsistence of this Agreement.

    "Applicable Permits" means all clearances, permits, authorizations, consents and approvalsunder or pursuant to Applicable Laws, required to be obtained and maintained by theConcessionaire, in order to implement the Project and to provide Project Facility in accordance

    with this Agreement.

    Arbitration Act means the Arbitration and Conciliation Act, 1996 and shall includemodifications to or any re-enactment thereof as in force from time to time.

    "Bill of Quantities" means bill of quantities set forth in RFP.

    BCPs border check post means collectively the structures, equipment, system or mechanismerected commissioned or installed for the purpose of regulating the entry/exit of vehicles usingthe Project and for checking and collection of fine/arrear/dues/Fee in accordance with the

    provisions of this Agreement.

    Cashflow Projections means the estimates of cashflows of the Project as set out in RFP

    Change in Law means the occurrence of any of the following after the date of this Agreement

    :

    a. The enactment of any new Indian law;

    b. The repeal, modification or re-enactment of any existing Indian law:

    c. The commencement of any Indian law which has not entered into effect until the date of

    this Agreement;

    d. A change in the interpretation or application of any Indian law by a court of record as

    compared to such interpretation or application by a court of record prior to the date of this

    Agreement; or

    e. Any change in the rates of any of the Taxes.

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    Government of Rajasthan , Transport Department

    Modernization and computerization of Border check post at 13 (Thirteen) locations in the state of RajasthanPQ Document

    COD" means the commercial operations date of the Project which shall be the date on whichthe Transport Department has issued the Provisional completion or the Completion Certificateupon completion of construction of the Project and which shall, subject to the provisions of this

    Agreement, be not later than as mentioned in contract data.

    Commencement Date means the date on which the work order is issued to Concessionaire.

    Completion Certificate means the certificate issued by the Engineer in charge pursuant toRFP

    Concession shall have the meaning ascribed thereto in RFP.

    "Concession Period" means the period as applicable specified in RFP.

    "Concessionaire" means the successful bidderand shall include its successors and permittedassigns expressly approved by GOR.

    Consortium means the consortium consisting of (i) AAAA (ii) BBBB (iii) CCCC (iv) DDDDformed/ acting pursuant to the Memorandum of Understanding entered into by them, for the

    purpose of bidding for the Project and in the event of being successful to implement the Projectthrough a special purpose vehicle to be formed and incorporated by them in India.

    "Construction Works" means all works and things necessary to achieve commercial operationof the Project in accordance with this Agreement.

    Contractor means Person with whom the Concessionaire has entered into/ may enter into allor any of the Project Agreements.

    "Cure Period" means the period specified in this Agreement for curing any breach or default of

    any provision of this Agreement by the Party responsible for such breach or default.

    Days are calendar days; months are calendar months.

    Debt Due" means the aggregate of the following sums expressed in Rupees outstanding and

    payable to the Lenders under the Financing Documents:

    (i) the principal amount of the debt provided by the Lenders under the Financing Documents

    for financing the Project (the "principal") which is outstanding as on the TerminationDate but excluding any part of the principal that had fallen due for repayment one year

    prior to the Termination Date unless such repayment had been rescheduled with the priorconsent of the GOR; and

    (ii) all accrued interest, financing fees and charges payable on or in respect of the debtreferred to in sub-clause (i) above up to the date preceding the Termination Date but

    excluding (a) any interest, fees or charges that had fallen due one year prior to the

    Termination Date, and (b) penal interest or charges payable under the FinancingDocuments to the Lenders.

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    Government of Rajasthan , Transport Department

    Modernization and computerization of Border check post at 13 (Thirteen) locations in the state of RajasthanPQ Document

    Defect is any part of the Works not completed in accordance with the condition of Contract.

    Defects Liability Period is the period named in the Contract Data and calculated from theCompletion Date.

    Department shall mean Transport Department , Government of Rajasthan.

    Design Approving Engineer (D.A.E.) shall mean the designated Chief Engineer or any otherProof Consultant nominated by the Transport Department for scrutiny and approval of the design

    calculations and structural drawings prepared and submitted by the Concessionaire.

    "Dispute" shall have the meaning ascribed thereto in RFP.

    "Dispute Resolution Procedure" means the procedure for resolution of Dispute set forth in

    RFP.

    "Drawings" means all of the drawings, designs, calculations and documents pertaining to theProject as set forth in RFP and shall include "as built" drawings of the Project.

    "Emergency" means a condition or situation that is likely to endanger the security of theindividuals on or about the Project including users thereof or which poses an immediate threat of

    material damage to any of the Project Assets.

    Employer is Government of Rajasthan represented through Transport commissioner or his

    authorised representative as indicated in Contract Data.

    "Encumbrance" means any encumbrance such as mortgage, charge, pledge, lien,hypothecation, security interest, assignment, privilege or priority of any kind having the effect ofsecurity or other such obligations and shall include without limitation any designation of loss to

    payees or beneficiaries or any similar arrangement under any insurance policy pertaining to theProject, physical encumbrances and encroachments on the Project Site.

    Engineer in charge shall mean the Engineer, of Supervision Consultant or an IndependentEngineer , as mentioned in contract data or any other officer of equivalent rank, if so approved

    or any other person nominated by the Transport Department from time to time.

    Equipment is the Concessionaires machinery and vehicles brought temporarily to the Site toconstruct the Works.

    "Equity" means the sum expressed in Rupees representing the equity share capital of theConcessionaire and shall include the funds advanced by any member of the Consortium or by

    any of its shareholders to the Concessionaire for meeting equity component of the Total ProjectCost. Provided, however, that for purposes of computing Termination Payment under thisAgreement, Equity shall be reckoned as an amount that is arrived at after excluding from the

    equity share capital of the Concessionaire the sum by which the capital cost of the Project asstated by the Concessionaire for purposes of claiming Termination Payment exceeded the Total

    Project Cost unless such excess cost has been incurred with the approval of the Lenders and

    GOR. Provided further, any equity brought in after COD shall not be considered or taken intoaccount for the purpose of Termination Payment.

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    Government of Rajasthan , Transport Department

    Modernization and computerization of Border check post at 13 (Thirteen) locations in the state of RajasthanPQ Document

    "Exempted Vehicles" means vehicles specified as such in the Notification as prescribed in GR

    of GOR.

    "Financing Documents" means the documents executed by the Concessionaire in respect of

    financial assistance (including refinancing) for the Project to be provided by the Lenders by wayof loans, advances, subscription to debentures and other debt instruments and guarantees, risk

    participation, take-out financing or any other form of credit enhancement and shall include loanagreements, guarantee agreements, subscription agreements, notes and any documents providingsecurity for such financial assistance, and includes amendments or modifications made thereto.

    "Financial Close" means the date on which the Financing Documents providing for funding by

    the Lenders have become effective and the Concessionaire has immediate access to such fundingunder the Financing Documents.

    "Force Majeure Cost" Force Majeure Cost means cost attributable to force majeure events

    specified in RFP and directly related to the project so as to bring the facility to its original state asbefore occurrence of force majeure event.

    "Force Majeure Event" shall have meaning ascribed thereto in RFP.

    "GOR" means the Government of Rajasthan represented through Principal Secretary Transport

    Department/ Transport commissioner or his authorised representative.

    "Good Industry Practice" means those practices, methods, techniques, standards specification,

    skills, diligence and prudence which are generally and reasonably expected of and acceptedinternationally from a reasonably skilled and experienced operator engaged in the same type of

    undertaking as envisaged under this Agreement and acting generally in accordance, withMORTH specifications/ PWD Standard Specifications as would be applicable and would meangood engineering practices in the design, engineering, construction and project management and

    which would be expected to result in the performance of its obligations by the Concessionaireand in the operation and maintenance of the Project in accordance with this Agreement,

    Applicable laws, Applicable Permits, reliability, safety, environment protection, economy andefficiency.

    Government shall mean the Government of Rajasthan represented through Principal SecretaryTransport Department/ Transport commissioner or his authorised representative as indicated in

    Contract Data.

    "Government Agency" means the GOR, or any state government or governmental, department,

    commission, board, body, bureau, agency, authority, instrumentality, court or other judicial oradministrative body, central, state, or local, having jurisdiction over the Concessionaire, the

    Project Assets or any portion thereof, or the performance of all or any of the services orobligations of the Concessionaire under or pursuant to this Agreement.

    "Implementation Period" means the period beginning from the Commencement Date andending on the COD.

    Indirect Political Event shall have the meaning ascribed thereto in RFP.

    Initial Investment shall have the meaning ascribed thereto in RFP

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    Government of Rajasthan , Transport Department

    Modernization and computerization of Border check post at 13 (Thirteen) locations in the state of RajasthanPQ Document

    "Internal Rate of Return" shall have the meaning ascribed thereto in RFP

    "Lenders" means financial institutions, banks, funds, trusts or trustees of the holders of

    debentures or other securities their successors and assigns, who provide financial assistance tothe Concessionaire under any of the Financing Documents.

    Maintenance Manual shall have the meaning ascribed to it in RFP.

    "Maintenance Programme" shall have the meaning ascribed to it in RFP

    "Material Adverse Effect" means material adverse effect on (a) the ability of theConcessionaire to observe and perform any of its rights and obligations under and in accordancewith the provisions of this Agreement and/or (b) the legality, validity, binding nature or

    enforceability of this Agreement.

    Material Breach means a breach by either Party of any of its obligations under thisAgreement which has/ likely to have a Material Adverse Effect on the Project and which suchParty shall have failed to cure within the Cure Period.

    Minimum Maintenance Requirements means minimum maintenance requirements for the

    maintenance of the Project as set forth in RFP.

    Non Political Event shall have the meaning ascribed thereto in RFP.

    "O&M" means the operation and maintenance of the Project during Operations Period including

    but not limited to functions of maintenance, collection and retention of Fees and performance ofother services incidental thereto.

    "O&M Contract" means the Operation and Maintenance Contract that may be entered intobetween the Concessionaire and the O&M Contractor for O&M of the Project/Project Facility.

    "O&M Contractor" means the person or entity with whom the Concessionaire has entered intofor O&M Contract for discharging O&M functions for and on behalf of the Concessionaire.

    "O&M Expense" means expenses incurred by or on behalf of the Concessionaire, duly certified

    by its Statutory Auditors for all regularly scheduled and reasonably anticipated O&M duringOperations Period, including, without limitation (a) all cost of salaries and other employeecompensation and contract fee payable to the O&M Contractor, if any, (b) cost of materials,

    supplies, utilities and other services, (c) premier for insurance, (d) all franchisee, excise, propertyand other similar taxes and all costs and fees incurred in order to obtain and maintain all

    Applicable Permits necessary for the O&M of the Project/Project Facility at its full designcapacity, (e) all repair, replacement and maintenance costs of the Project/Project Facility, and (f)all other expenditures required to be incurred under Applicable Law or under Applicable Permits

    necessary for the operation and maintenance of the Project according to the Specifications andStandards at its full design capacity.

    "O & M Inspection" O & M Inspection means the inspection to be carried out jointly by theEngineer in charge and Concessionaire to determine the condition of project.

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    Government of Rajasthan , Transport Department

    Modernization and computerization of Border check post at 13 (Thirteen) locations in the state of RajasthanPQ Document

    Project Site means the real estate particulars whereof are set out in RFP. on which the Project

    is to be implemented and the Project Facility is to be provided in accordance with thisAgreement.

    "Provisional Certificate" shall have the meaning ascribed to it in RFP..

    "Punch List" shall have the meaning ascribed thereto in RFP..

    "Rs." or "Rupees" refers to the lawful currency of the Republic of India.

    "SBI PLR" means the prime lending rate per annum for loans with 1 (one) year maturity as

    fixed from time to time by the State Bank of India, and in the absence of such rate, the average ofthe prime lending rates for loans with 1 (one) year maturity fixed by the State Bank of India andfailing that any other arrangement that substitutes such prime lending rate as mutually agreed

    between the Parties.

    "Scheduled Project Completion Date" shall have the meaning set forth in RFP.

    "Service Fees" means the service fees chargeable for a vehicle using the Project Facility in

    accordance with the service fees Notification. Service Fees Notification as issued by the GOR inthe Gazette of the GOR

    "Specifications and Standards" means the specifications and standards relating to the quality,capacity and other requirements for the Project as set forth in RFP and any modifications thereof,

    or additions thereto as included in the design and engineering for the Project submitted by theConcessionaire to, and expressly approved by GOR.

    "Statutory Auditors" means a reputed firm of Chartered Accountants duly licensed to practicein India acting as statutory auditors of the Concessionaire.

    Steering Group means the Steering Group constituted pursuant to RFP..

    "Substitution Agreement" means the agreement to be entered into among the Concessionaire,GOR, set forth in RFP. providing, interlay, for the substitution of the Concessionaire by another

    Person subject to and in accordance with the provisions of this Agreement and the SubstitutionAgreement.

    Superintending Engineer shall mean the Superintending Engineer, to be mentioned incontract data or any other officer of equivalent rank, if so designated by the Department o

    Transport.

    "Supervision consultant" shall mean the consultant appointed by the Transport Department tosupervise the work.

    "Termination" means termination of this Agreement and the Concession hereunder pursuant toa Termination Notice or otherwise in accordance with the provisions of this Agreement but shall

    not, unless the context otherwise requires, include the expiry of this Agreement/Concession due

    to expiry to the Concession Period in the normal course.

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    Government of Rajasthan , Transport Department

    Modernization and computerization of Border check post at 13 (Thirteen) locations in the state of RajasthanPQ Document

    "Termination Date" means the date on which the Termination occurs which shall be the date on

    which Termination Notice has been delivered or deemed to have been delivered by a Partyissuing the same to the other Party in accordance with the provisions of this Agreement.

    Termination Notice means a communication in writing by a Party to the other Party regardingTermination in accordance with the applicable provisions of this Agreement.

    Termination Payment means the aggregate of the amounts payable by the GOR to theConcessionaire under this Agreement upon Termination including Termination Payment

    receivable by the Concessionaire pursuant to RFQ

    Tests means the tests to be carried out as set forth in and in accordance with RFP. to determinethe Project Completion and its certification by the Independent Engineer prior to commencementof commercial operation of the Project.

    Total Project Cost means the lowest of the following :

    (a) The amount as mentioned in contract data.

    (b) actual capital cost of the Project upon completion of the Project as certified by theStatutory Auditors; on total project cost as set forth in Financing Documents.

    User Department means the Transport Department Government of Rajasthan.

    Work order shall mean order to start the work issued to Concessionaire after he has paid the

    Performance Security and signed the agreement in prescribed form.

    WPI means the wholesale price index published monthly by the Ministry of Industry, the

    TRANSPORT DEPARTMENT and shall include any index which substitutes the WPI.

    Qualified Bidders:The Applicants who are short listed at the Pre-Qualification stage and are eligible forissuance of Request for Proposal (RFP) Document.

    Request for Proposal Document or RFP Document: The Document to be issued to the Qualified

    Bidders in Stage II of the bidding process as detailed out in Section 3.2 of this document with the paymentof RS.10000/- Ten thousand only as RFP document cost .

    Request for Qualification (RFQ):The request to be submitted by the Applicant in response to the Pre-Qualification Document issued to him/her.

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    3. BIDDING PROCESS

    Transport Department intends to follow a two-stage bid process for selecting the BOT Developer for the

    Project. The details of the procedure provided hereunder to be followed in Stage II is brief and indicative

    in nature. The detailed procedure shall be specified in the Request for Proposal document (RFP), whichshall be made available to only the Qualified Bidders.

    3.1 Stage I - Request for Qualification (RFQ)

    In the first stage of the Bidding Process, Transport Department is issuing this Pre Qulalification Documentwith an invitation to prospective Applicants for submitting their RFQ for the Project A pre-bid meetingshall be held on 18.09.2008 at 1130 hours at the following venue:

    Room No. 311The Office of Transport Commissioner,Govt. of Rajasthan., Parivahan Bhavan

    Sahakar Marg, Jyoti NagarJaipur

    The prospective Applicants will be required to submit their RFQ on or before the Due Date mentioned inSection 5.3.6.

    The RFQs submitted by the Applicants will be evaluated on Technical and Financial capability as detailed

    in Sections 6.1.1.1 and Section 6.1.1.2, respectively. The Applicants who qualify and satisfy therequirements of Technical and Financial capability (Qualified Bidders) will be issued the RFP and will beeligible to participate in the Stage II of this Bidding Process.

    3.2 Stage II - Request for Proposal (RFP)

    This stage of the process would be based on the following guidelines:

    The RFP document would be issued to all the Qualified Bidders.

    The Qualified Bidders would be invited to submit a detailed proposal as per the terms specified in theRFP document.

    Prior to submission of their response to the RFP, the Qualified Bidders would be expected to examinethe Project in detail and to carry out such studies as may be required to submit the proposal.

    Pre-bid Meeting would be held during which Qualified Bidders may request clarifications related tothe Project or RFP document.

    The evaluation of the Qualified Bidders would be as per the criteria to be set out in RFP document.

    Based on the evaluation of the response to the RFP, the Preferred Bidder would be selected.

    The Preferred Bidder would be issued the Letter of Intent for developing the Project as the BOTDeveloper after obtaining the necessary clearances and approvals from the State Government ofRajasthan.

    The Contract entered into by the preferred bidder with Transport Department would be in the natureof a Concession Agreement.

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    3.3 Commitment to a fair and transparent process

    Transport Department is committed to ensure that the bidding process for selecting the Developer is fairand transparent Transport Department may, at its sole discretion, seek assistance from external agencies,including but not limited to legal, financial and technical experts, to ensure that the bidding process is fair,

    transparent and efficient.

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    4. ELIGIBLE ENTITIES

    The Request for Qualification (RFQ) can be submitted by entities either as Individual Company or a

    Consortium. The Individual Company / Applicant Consortium (in case of a Consortium) should have

    relevant and proven experience as specified in Section 6.1.1.1 and 6.1.1.2 of the RFQ.

    4.1 Applicant as an Individual Company

    The Individual Company submitting the RFQ shall be a legally incorporated entity. The Applicant mustsubmit a proof of legal incorporation along with the RFQ.

    The Applicant shall also submit a Power of Attorney, authorizing the signatory of the application to make

    commitment for and on behalf of the Applicant. The Power of Attorney shall be duly executed on stamppaper.

    4.2 Applicant as a Consortium

    4.2.1 JOINT VENTURES :

    For Joint Venture

    For the submission of RFQ and for implementation of the Project on selection, a Consortium maybe formed. In case of a Consortium, members of the Consortium shall nominate one of the

    Consortium Members as the Lead Member. The Lead Member shall hold minimum of 26% ofequity in the Project Company until completion of construction and thereafter for a period of twoyears from the date of commencement of operations of the project. The total number of members

    of any Consortium shall not exceed 4 (Four).

    Further, all Consortium Members shall jointly hold a majority of the equity (at least 51%) of theProject Company until completion of construction and thereafter for a period of two years fromthe date of commencement of operations. Each member shall hold at least 5% of the equity in the

    Project Company.

    Any legally incorporated entity can participate in a Consortium for the submission of RFQ. Thefollowing shall be ensured in case of submission of RFQ by a Consortium:

    Each member of the Consortium must submit a proof of its legal incorporation alongwith the RFQ.

    All the Consortium members shall submit a Power of Attorney in favor of the LeadMember.

    The Lead Member shall submit a Power of Attorney as accepted by the department,authorizing the signatory of the application to make commitment for and on behalf of

    the Applicant.

    The Consortium members shall be jointly and severally liable to implement theProject.

    No member can submit two Requests for Qualification either individually or as part ofConsortium. The Applicant or any member of the Consortium who submits or

    participates in more than one Request for Qualification either as a Consortiummember or sub-contractor or individually would be disqualified and would also leadto the disqualification of the Consortium of which it is a member.

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    Consortium Members shall enter into a Memorandum of Understanding (MoU) forthe purpose of submitting the RFQ and for submitting the response to the RFP in theevent of being pre-qualified.

    4.2.2 Contents of the Memorandum of Understanding (MoU)

    MoU shall, inter alia,

    Convey the intent to form a joint venture company (SPV).

    Clearly outline the proposed roles and responsibilities of each member ateach stage of the Project, as well as roles and responsibilities with respectto particular components.

    Clearly state the member of the Consortium who would be the LeadMember.

    Include a statement to the effect that all Consortium Members shall beliable jointly and severally for the execution of the Project in accordancewith the terms of the Development Agreement.

    Clearly state that the Lead Member shall interact with TransportDepartment on behalf of the Consortium, and shall clearly authorise the

    Lead Member to take the necessary decisions and bind the other membersof the Consortium to the decision of the Lead Member.

    Indicate the minimum equity that each Consortium member commits tohold in the Project Company, until completion of construction and

    thereafter for a period of two years from the date of commencement ofoperations of the Project.

    A notarized copy of the MoU shall be submitted with the Request for Qualification. The MoUentered into between the Consortium Member shall be specific to this Project and shall

    contain the above requirements, failing which the Request for Qualification shall beconsidered non-responsive.

    No member of the Consortium will be allowed to withdraw from the Consortium once theConsortium is qualified, without the prior consent of Transport Department. Transport

    Department will grant such consent only if the remaining members of the Consortium satisfy

    the criteria specified in the Qualification Document. Withdrawal of any member of theConsortium without Transport Departments prior consent will automatically disqualify the

    Consortium from participating further in the bidding process.

    Details of experience and performance of each of the parties to the joint venture on works ofwithin the past ten years, current works in hand and other contractual commitments should beclearly indicated in Schedule enclosed with this document.

    Where the Project is being implemented by a consortium, the Memorandum ofunderstanding entered into them for the purpose of implementing the project shall be

    appended.

    If the bidder has purchased the bidding documents in his own name and subsequently

    form joint venture with one or two additional companies, the bidding document canbe used for submission of bid in the name of joint venture .

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    The liquidation of joint venture during the contract period shall not be allowed.

    4.3 Legal Issues(i) This PQ Document shall be governed by, and construed in accordance with, the Laws of India.

    (ii) The courts of Ordinary Original Civil Jurisdiction in Jaipur Rajasthan (India) shall have exclusivejurisdiction to hear any and all disputes arising under, pursuant to and/or in connection with thisPQ Document.

    (iii) Transport Department reserves the right to, without limitation, without incurring any obligationor liability vis--vis any Applicant or prospective Applicant and without expressing any cause orreason thereof, at any time and at its sole discretion to:

    Call from time to time for-

    (a) any information (in addition to the information and documents required to be submitted interms hereof) in relation to the Applicant and/or any one or member(s) of the Consortium,including but not limited to the business affairs and the financial matters and statements, asTransport Department may deem fit and

    (b) supporting evidence in respect thereof from time to time, from the Applicant,

    both of which information may be used by Transport Department at its sole discretion for theevaluation of the bid submitted by the Applicant. It is clarified that Transport Departmentsright to call for the aforesaid shall continue till the time Development Agreement is enteredinto.

    suspend and/or cancel the bidding process and/or amend and/or supplement the biddingprocess or the dates or other terms and conditions relating thereto. All suspensions,cancellations, amendments and supplements will be announced.

    pre-qualify or not to pre-qualify any prospective Applicant

    consult with any prospective Applicant in order to receive clarification or further information;

    independently verify and retain any information and/or evidence submitted to TransportDepartment by, on behalf of, and/or in relation to, any prospective Applicant; and

    accept any and all RFQs or other information and/or evidence submitted by or on behalf ofany prospective Applicant and/or disqualify or reject any and all RFQs or such otherinformation and/or evidence and/or, pursuant to and/or in connection with (the followinggrounds being inclusive and not exhaustive):

    failure to submit necessary supporting documentation following a specific request by oron behalf of Transport Department;

    any material misrepresentation, including without limitation any failure to disclosematerial non-performance or contractual non-compliance in past projects, contractualdisputes and litigation in accordance with the requirements of this document;

    determination that any entity comprising of the prospective Applicant is an entityprohibited from doing business anywhere in India, in which case, Transport Departmentmay, at its sole discretion, grant the prospective Applicant an opportunity to replace theprohibited entity or entities;

    (iv) Each party participating in the bidding process releases Transport Department, its officers andconsultants irrevocably, unconditionally, fully and finally from any and all liability for claims,

    losses, damages, costs, expenses or liabilities (including without limitation costs, fees andexpenses incurred in preparing, submitting, supplementing and/or amending RFQ and/or relatedinformation and/or evidence) in any way related to or arising from the exercise of any rights

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    and/or performance of any obligations hereunder, pursuant hereto and/or in connection herewith

    (including without limitation review by or on behalf of Transport Department of any prospectiveApplicants submissions, and associated decision-making process regarding prospectiveApplicants eligibility, qualifications and selection or non-selection to submit and/or accept a

    proposal), and waives any and all rights and/or claims it may have in this respect, whether actualor contingent, whether present or future. Neither the issuance of this PQ nor the issuance of anysubsequent circulars, requests and/or invitations to any entities by or on behalf of Transport

    Department, nor any participation in the selection process by any Applicant, shall at any timeobligate or impose any liability, duty of care or contractual obligation on Transport Department.

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    5. INSTRUCTIONS TO APPLICANTS

    5.1 Objective of Pre-Qualification

    The objective of Pre-Qualification is to qualify the Applicants that have the necessary experience andfinancial and technical capabilities to undertake the work for which the Request for Proposal is proposed

    to be invited.

    5.2 Contents of the Application

    Request for Qualification shall consist of:

    Covering letter on the letterhead of the Applicant. In case of a Consortium, the covering letter shouldbe on the letterhead of the Lead Member.

    Copy of the MOU entered between the Consortium Members in case of Application by a Consortium.

    Submission of complete information as per formats given in Section, each page of which shall besigned by the signatory authorized by the Applicant, if individual Company, or by the signatoryauthorized by the Lead Member of the Consortium.

    Audited annual financial statements for the last five years for the period ending not earlier than 31 stMarch 2008 for individual Applicants and for all members, in case of a Consortium.

    Power of Attorney of the Applicant (the Lead Member in case of a Consortium) in favour of theauthorized signatory in the format prescribed in this document and in case of a Consortium, Power ofAttorney also of the members of the Consortium in favour of the Lead Member.

    Proof of legal incorporation of Individual Company or each entity in case of a Consortium.

    5.3 General instructions

    5.3.1 Errors and Omissions

    (i) It would be deemed that by submitting the application, the Applicant has made a complete andcareful examination of the Pre-Qualification Document. Transport Department shall not be liablefor any error or omission on the part of the Applicant.

    (ii) Transport Department reserves the right to ask additional information from any Applicant, whereit considers appropriate.

    (iii) Transport Department shall not consider for the purpose of qualification, a RFQ which is found tobe incomplete in content and/or attachment and/or authentication etc.

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    5.3.2 Application Preparation Cost

    The Applicant shall bear all costs associated with the preparation and submission of its RFQ and

    Transport Department will in no case be responsible or liable for these costs, regardless of the conduct

    or outcome of the selection process.

    5.3.3 Amendment of Pre Qualification Document

    At any time prior to the Due Date, Transport Department, may for any reason, whether at its owninitiative or in response to the clarifications requested by the prospective Applicant(s), modify the Pre-Qualification Document by issuing addendum/corrigendum.

    The addendum/corrigendum to the Pre Qualification Document would be uploaded on the department

    website and sent by registered post to all the prospective Applicants who have obtained the Pre-Qualification Document from the department.

    In order to afford the prospective Applicants reasonable time to take such addenda into account inpreparing their bids, Transport Department, at its discretion, may extend the Due Date.

    Transport Department also reserves the right to change, modify or alter the bidding process, including by

    way of inclusion of additional evaluation criteria for further short-listing of Pre-Qualified Applicants atthe stage of the RFP, based on detailed evaluation of capabilities. Any change in the bidding process shallbe intimated, and applied in a uniform manner to all the Applicants.

    5.3.4 Validity of the Request for Qualification

    The validity of the Request for Qualification shall be expressly stated to be of a minimum of 180 calendardays from the Due Date. Non-adherence to this requirement would be a ground for declaring the Request

    for Qualification as non-responsive and the Request for Qualification shall be liable to be rejected, at theoption of Transport Department.

    In exceptional circumstances, prior to expiry of original Request for Qualification validity period,Transport Department may, at its sole discretion, request the prospective Applicants for an additional 60-calendar days extension in the period of validity. No Applicant would however be allowed to change or

    modify the Request for Qualification during this extension period or in case of a further extension theTransport Department with the written consent of the bidders may extend the validity of the bid.

    5.3.5 Language of the Request for Qualification

    The Application and related documents and correspondence shall be in the English language. Supportingdocuments and printed literature furnished by Applicant with the RFQ may be in any other language,provided that they are accompanied by translations in the English language, provided that TransportDepartment may request the concerned Applicant to establish authenticity of such translation. Supporting

    materials, which are not translated into English, may not be considered. For the purpose of interpretationand evaluation of the application, the English language translation shall prevail.

    Similarly, all correspondence with Transport Department and any other documents relating to the RFQexchanged between the Applicants and Transport Department shall be in English.

    5.3.6 Due Date

    Request for Qualification shall be submitted on or before 15.10.2008 at 1500 hours Indian Standard Time.

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    5.3.7 Submission of completed Request for Qualification

    The Applicant shall submit the Request for Qualification in a sealed envelope. The bid document shouldbe marked as-

    " REQUEST FOR QUALIFICATION Modernization and computerization of 13 ThirteenBorderCheck posts Project In Rajasthan ".

    The application should be addressed to-

    The Transport Commissioner,

    Government of Rajasthan,

    Parivahan Bhavan

    Sahakar Marg, Jyoti Nagar

    Jaipur

    Once submitted, the Request for Qualification cannot be withdrawn or modified by the Applicant. The Request for Qualification shall be signed by the person authorized by the Individual Company, or

    by the authorized person of the Lead Member in case of the Consortium. The letter of authorizationmust be confirmed by a power of attorney accompanying the Request for Qualification.

    The application must contain no interlineations or overwriting except as necessary to correct errorsmade by the Applicants themselves, in which case such corrections must be initialed by the authorizedrepresentative of the Applicant.

    Any application received after the Due Date and Time shall not be accepted.

    Transport Department shall not be liable for any delay in receipt of any application.

    Strict adherence to formats/ exhibits, wherever specified, is required. Non-adherence to formats maybe a ground for declaring the application as non-responsive and shall be liable for rejection.

    All the communication and information provided in the application should be legible, and whereverthe information is given in figures, the same should also be mentioned in words. In case ofdiscrepancy information mentioned in words shall prevail.

    No change in, or supplementary information to, an application shall be accepted after its submission.However, Transport Department reserves the right to seek additional information from the Applicants,if found necessary during the course of evaluation of the application. Non-submission, incompletesubmission or delayed submission of such additional information or clarifications sought by TransportDepartment, may be a ground for rejecting the application.

    If any claim made, or information provided, by the Applicant in the application or any informationprovided by the Applicant in response to any subsequent query of Transport Department, is found tobe incorrect or is a material misrepresentation of facts, then the application shall be liable forrejection.

    Mere submission of information does not entit le the Applicant to meet an eligibility criterion.TRANSPORT DEPARTMENT reserves the right to vet, visit and verify any or all informationsubmitted by the Applicant.

    5.4 Clarifications to Applicants

    Applicants shall carefully examine the Pre-Qualification Document and fully inform themselves as to all

    the conditions and matters, which may in any way effect the submission of Request for Qualification.Should an Applicant find discrepancies or omissions in the Pre Qualification Document or should it be indoubt as to their meaning, it should immediately address its query in writing to

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    The Transport Commissioner,Government of Rajasthan,Parivahan Bhavan

    Sahakar Marg, Jyoti NagarJaipurINDIATel: +91 141 - 2740021, 2740023,5116111Fax: +91 141 2740573E-mail: [email protected]

    5.5 Last date for seeking Clarification

    The clarifications to the this Document can be sought only on or before the pre bid meeting. Clarificationssought thereafter, will not be entertained.

    The queries to be addressed during the Pre Proposal meeting should preferably be sent 3 days prior to thedate of pre-proposal meeting. However, clarification on such queries may be sought during the Pre

    Proposal meeting.

    Written copies of Transport Departments response (including a description of enquiry but withoutidentifying its source) would be sent to all the prospective Applicants who have purchased the PreQualification Document.

    Transport Department, at its discretion, may organize additional meetings with the prospective Applicants

    for issuance of clarifications.

    Verbal information and/or clarification given by any representative of Transport Department, shall not bebinding on Transport Department.

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    Details of financial and technical eligibility criteria for Individual Company and/or consortium areavailable in the PQ document. The financial and technical criteria set above would be assessed withparticular reference to skills and competencies as required for the project.

    6.1.2 Base year and escalation

    The following escalation factors will be used to determine the current value of the works carriedout and submitted to qualify the Technical Criteria. The base year shall be taken as 2006-07.

    Year Before Multiplying

    factor

    One (2005-06) 1.06

    Two (2004-05) 1.12Three (2003-04) 1.19

    Four (2002-03) 1.26

    Five (2001-02) 1.34

    Six (2000-01) 1.42

    Seven (1999-00) 1.50

    Eight (1998-99) 1.59

    Nine (1997-98) 1.69

    The Applicants shall indicate the actual figures of costs and amounts for the work executed bythem at the time of commissioning / completion without accounting for the above mentionedfactors.

    For financial statements / works executed in foreign currency, TRANSPORT DEPARTMENT

    shall convert the value of financial statements / works executed in foreign currency intoequivalent Indian Rupees (INR) at an exchange rate, which is the Telegraphic Transfer (TT)buying rate of State Bank of India as on the Due Date of submission. In the event of non-

    availability of exchange rate for any currency from the above source, TRANSPORTDEPARTMENT reserves the right to use the rate available from any other source.

    6.1.3 The bidder shall also submit the following qualification documents.

    i) Report on the financial standing of the bidder, such as profit and loss account statements

    and auditors reports signed and certified by Chartered Accountant for the last five years.

    ii) Evidence of adequacy of working capital for this contract (access to lines of credit andavailability of other financial resources.)

    iii) Authority to seek references from the bidders bankers.

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    8. FORMATS FOR SUBMISSION OF DETAILS

    DETAILS OF EXPERIENCE AND PERFORMANCE OF

    JOINT VENTURES / CONSORTIUM

    Details of bidder - Proforma 1

    General Information

    Individual firm and each partner of a joint venture shall complete the information inthis form. Nationality information to be provided for all owners or applicants

    Where the bidder proposes to use named subcontractors for critical components of theworks; Or for work contents in excess of 10 percent of the value of the whole works,the following information should also be supplied for the specialist subcontractor(s).

    1 Name of Firm

    2 Head Office Address :

    3 Telephone Contact

    4 Fax Telex

    5 Place of Incorporation / registration Year of Incorporation / registration

    Nationality of Owners

    Name Nationality

    1

    2

    3

    4

    5

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    Details of bidder -Proforma -2

    Structure and Organisation

    1. The bidder is

    a A proprietary firm

    b A firm in partnership

    c A limited Company

    d A group of firms/joint venture (if yes, give complete information in respect ofeach partner)

    2 Attach the Organisation Chart showing the structure of the organisation,including the names of the Directors and position of Officers.

    3 Number of years of experience

    a As a Prime Contractor / Firm ( contractor / firm shouldering majorresponsibility)

    i In own country

    ii Other countries (specify country)

    b In a Joint Venture

    i In own country

    ii Other countries (specify country)

    C As sub contractor ( specify main contractor )

    i In own country

    ii Other countries ( specify country)

    4 Name and address of any associates the applicant has in India who are

    knowledgeable in the procedures of customs, immigration, taxes and otherinformation necessary to do the work.

    5. For how many years your organisation has been in business of similar work

    under its present name? What are your fields of operation? And if since when?

    6. Where you ever required to suspend construction / work for a period of more

    than six months continuously after you started? if so, give the name of projectand reasons for not completing work)

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    7. Have you ever left the work awarded to you incomplete? (If so, give name of

    project and reasons for not completing work).

    8. In which fields of engineering do you claim specialization and interest?

    9. Give details of your experience in modern technology for construction and

    other works and quality control.

    10. Give details of your experience in construction of border Check posts or similar

    nature of works.

    11 Give details of your experience in Infrastructure Development.

    12. Give details of your experience in Electrical & electronic equipments works

    13. Give details of your material testing laboratory, if any.

    14. Give details of your experience in executing B.O.T. projects.

    15. Give details of your experience in IT (system Integrators) works

    16. Give details of your experience of works in India.

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    Name and address of Bankers to the Joint Venture :

    Details regarding financial responsibility and participation (percentage share in the

    total) of each firm in the Joint Venture. Attach a notarized Memorandum ofUnderstanding for the Proposed Agreement of Joint Venture, which should lay down

    responsibility regarding work and financial arrangements in respect of each of thefirms in the Joint Venture.

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    Particular Experience Record -Proforma 4

    Name of Bidder or Partner of a Joint Venture

    On a separate page, using the format complying the works related to section 6.1.1.2only each applicant or partner of a joint venture is requested to list all contracts of avalue equivalent or more, of a similar nature and complexity to the contract for which

    the applicant wishes to qualify, undertaken during the last ten years. The value shouldbe based in Indian Rupees, at the date of substantial completion, or for current

    contracts at the time of award. The information is to be summarised, usingaccompanying proforma, for each contract completed or under execution Informationof B.O.T. projects of similar nature and magnitude should be specifically mentioned.

    Where the bidder proposes to use named subcontractors for critical components of the

    works, or for work contents in excess of 10 percent of the value of the whole works,the information should also be supplied for each specialist subcontractor.

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    Summary Sheet : Current Contract Commitments / Works in Progress-Proforma 5

    Name of bidder or Partner of a Joint Venture

    Bidders and each partner to an application should provide information on their

    current commitments on all contracts that have been awarded, or for which a letterof intent or acceptance has been received or for contracts approaching completion,but for which an unqualified, full completion certificate is yet to be issued.

    Figures in Rs. Crores

    Name ofContract

    Name ofClient

    ContractValue

    Stipulateddate of

    completion

    Value ofoutstanding

    work

    Estimateddate of

    completion

    1

    2

    3

    4

    5

    6

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    Equipment Capabilities- Proforma 8

    Name of Bidder

    The bidder shall provide adequate information to demonstrate clearly that it has the

    capability to meet the requirements for each and all item of equipment necessary forefficient execution of this project. A separate form shall be prepared for each item of

    equipment, or for alternative equipment proposed by the bidder.

    Item of equipment

    Equipment information

    1. Name of manufacturer

    2. Model and power rating

    3. Capacity

    4. Year of manufacture

    Current Status

    5. Current location

    6. Details of current commitments

    Source

    7. Indicate source of the equipment

    Owned

    Rented

    LeasedSpecially manufactured

    Omit the following information for equipment owned by the applicant or partner

    Owner

    8. Name of Owner

    9. Address of Owner

    Telephone Contact name and title

    Fax Telex

    Agreements

    Details of rental / lease / manufacture agreements specific to the project.

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    Financial Capability- Proforma 9

    Name of bidder or partner of a joint venture

    Bidders including each partner of a joints venture should provide financialinformation to demonstrate that they meet the requirements stated in the eligibility

    criteria and information required for qualification. Each bidder or partner of a jointventure must fill in this form. If necessary, use separate sheets to provide completebanker information. A copy of the audited balance sheets should be attached.

    Banker

    Name of Banker

    Address of Banker

    Telephone Contact name and tile

    Fax Telex

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    Government of Rajasthan , Transport Department

    Modernization and computerization of Border check post at 13 (Thirteen) locations in the state of RajasthanPQ Document

    Summarise actual assets and liabilities in the previous five years. Based upon

    known commitments, summarise projected assets and liabilities in the next oneyear.

    Financialinformation in

    Rupees

    Actual : Previous five years Projected : Nextone year

    1 2 3 4 5 6

    1 Total Assets

    2 Current Assets

    3 Total Liabilities

    4 Current Liabilities

    5 Profit before Tax

    6 Profit after Tax

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    Government of Rajasthan , Transport Department

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    Specify proposed sources of financing to meet the cash flow demands of the Project,

    net of Current commitments.

    Source of Financing Amount

    Attach audited financial statements for the last five years ( for the individual or eachpartner of a joint venture) ,certified by C.A.

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    Government of Rajasthan , Transport Department

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    Litigation History- Proforma 10

    Name of bidder or partner of a joint venture

    Bidders including each partner of a joints venture should provide information onany history of litigation or arbitration resulting from contracts executed in the last

    five years or currently under execution. A separate sheet should be used for eachpartner of a joint venture.

    Year Award for oragainst

    applicant

    Name of client, cause oflitigation, and matter in

    dispute

    Disputedamount

    (Currentvalue)

    Actualawarded

    amount

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    Government of Rajasthan , Transport Department

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    AVERMENTS AND AUTHORISATIONS Proforma 11

    (To be given separately by individual company / each partner of Joint Venture / Consortium)

    I, undersigned, do hereby certify that all the statement made in the preceding schedules and in

    the required attachment are true and correct.

    I/We the undersigned do hereby certify we are not associated directly or indirectly with

    consultants for this project or any other entity that has prepared the design, specification or otherdocument for this project.

    I /We, the undersigned, do hereby certify, that we are not associated directly or indirectly withConsultant / Engineers proposed for this project.

    The undersigned hereby authorise (s) and request(s) any bank, person, firm or corporation tofurnish pertinent information deemed necessary and requested by the Government of Rajasthanto verify this statement or regarding my (our) competence and general reputation.

    The undersigned understands and agrees to furnish any such information at the request ofGovernment of Rajasthan.

    We, M/s ........................................ hereby declare that our company/joint venture and any of theManaging Director/Directors has not been,

    (a) convicted of a cognizable offence by any court of law; or(b) imposed with a penalty of rupees one crore or more for violation of the provisions of the

    Foreign Exchange Regulation Act, 1973 (46 of 1973) (since repealed) or the ForeignExchange Management Act, 1999 (42 of 1999); or

    (c) detained under the National Security Act, 1980 (65 of 1980) or the Narcotic Drugs and

    Psychotropic Substance Act, 1985 (61 of 1985); or(d) adjudged guilty by the Stock Exchange Board of India or any other such Financial

    Regulatory Boards or Tribunals or Agencies; or(e) found to be associated in any manner with an organized crime syndicate or its associate or

    with any Association declared unlawful under the Unlawful Activities (Prevention) Act,

    1967 (37 of 1967) or any other law for the time being in force; or(f) found to be connected with activities prejudicial to the National Security; or

    ..........(Signed by an Authorised Signatory of the Firm)

    .

    (Title of Signatory)(Name of firm and Seal)

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    Government of Rajasthan , Transport Department

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    9. Project Information Document

    1) Introduction

    A. The Transport Department , Government of Rajasthan had resolved to augment thedevelopment, maintenance and management of 13 Thirteen Border Check Posts inthe state of Rajasthan (hereinafter called the BCPs) on build, operate and

    transfer (BOT) basis in accordance with the terms and conditions to be set forthin a concession agreement. on BOT basis ( project)

    2) Project Brief

    The Transport Department, Government of Rajasthan is poised for rapid growth ofinfrastructure in the state. To facilitate road users and to attract more interstate traffic andalso to ensure stopping of overloading as per Motor Vehicle Act, It is necessary to create

    greater transparency in working and use of modern equipment. Transport Departmentplans to construct and operate Modernized and computerized thirteen (13) Border CheckPosts equipped with modern basic amenities. Collecting tax is an equitable, reasonable

    and calculated process for generating state revenues that are principally utilized forvarious development works. While designing the concept, emphasis has been given to cut

    short the time required for different clearances to provide maximum possible easementfor road users entering the state through the border check points.

    At these check posts department will carry out their respective duties regarding collection oftaxes fines / arrears etc and other relevant operations in respect of commercial vehicles.

    Also the data in respect of these commercial vehicles will be shared by all such Check-Posts

    in the state after their modernization & computerization as proposed in this project iscompleted.

    3) Purpose and Intention of the project

    3.1 An overviewInterstate traffic comprises of various classes of vehicles that entering and exiting

    Rajasthan from neighboring state of Gujarat, Madhya Pradesh, Haryana, Uttar Pradeshand New Delhi (NCR). These vehicles may contain goods, which according to statepolicy may be taxable as per the directives from the Government from time to time. The

    permits and papers also require checking by Transport Department, etc.

    The taxes may be Road Tax, etc. Apart from these taxes (permit) a check by authorities is

    required to be carried out, at the point of various entries in the state, for restraining anyunauthorized goods etc. A centralized electronic control system will serve the purpose of

    effective single window clearance at these check posts.

    3.2 The concept

    Increased movement of interstate traffic both in volume & speed requires up-gradation of old conventional barriers especially in case of Interstate Border Area,

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    Government of Rajasthan , Transport Department

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    Transport Department proposes a system ofModernized and computerized

    Border Check Post, which needs to be implemented, to facilitate road users and tocut short time required for clearance.

    3.3 Scope of the ProjectThe Scope of the Project (the Scope of the Project) shall mean and include, during the

    Concession Period:

    3.3.1 The Project shall be executed on the Site, which is described in Schedule Site of

    this RFP. The scope of the Project shall include performance and execution by theConcessionaire of all design, engineering, financing, procurement, construction,completion, operation and maintenance of the Project Border Check posts as described in

    Schedule of this RFP. In accordance with the "Specifications and Standards Scheduleand operation and maintenance thereof in accordance operation and maintenance

    Schedule. It shall also include the performance and fulfillment of other obligations bythe Concessionaire under RFP.

    3.3.2 Concessionaire needs to execute a total solution of Modernized and computerizedBorder Check Post, which needs to be implemented, accepted by Transport Department to

    facilitate road users and to cut short time required for clearance.

    3.3.3 Performance and fulfilment of all other obligations of the Concessionaire inaccordance with the provisions of this Agreement and matters incidental thereto or

    necessary for the performance of any or all of the obligations of the Concessionaire underRFP.

    4 Brief Description of Work

    Understanding the data / information and typical drawings enclosed with RFP, theConcessionaire shall himself carryout and be responsible for engineering surveys /

    investigations , availability of material and detailed engineering designs and prepare theworking drawings for all the components relevant to the Project Checkpost to fulfill thescope of the project as envisaged in RFP. The designs for different project facilities shall

    follow the locations and indicative designs given in RFP ( designs )and shall comply with

    design specifications and standards outlined in Schedule (specifications and standards).The Concessionaire will be responsible for planning, design and execution of the worksand other ancillary works in connection with the construction, operation and maintenanceof the Project and functions associated with the construction , operations and maintenance

    of the Project and shall take all such actions and do all such things (including, but notlimited to, organizing itself, adopting measures and standards, executing procedures and

    engaging and managing contractors, agents and employees) as will:a) enable Transport Department to provide an acceptably project in respect of its condition

    (structural safety) and use (road safety); andb) enable Transport Department to fulfill statutory and common law obligations; and

    4.1 enable the Transport Department to provide a safe and congestion free uninterrupted flow oftraffic on the Project;

    4.2 enable Transport Department to provide a high satisfactory level of service to the public , havethe combined facilities for clearance/checking of commercial & private traffic at one station

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    Government of Rajasthan , Transport Department

    Modernization and computerization of Border check post at 13 (Thirteen) locations in the state of RajasthanPQ Document

    1) Identification and shifting of utilities, if any.

    2) Cutting and plantation of trees, if any.

    3) Widening/construction of cross drainage works, culverts, minor and major

    bridges wherever necessary.

    4) Widening of existing carriageway and providing acceleration/deceleration

    lengths along with side shoulders wherever necessary as per site requirements.

    The likely scheme of widening is shown on the accompanying drawings.

    However, the width and length may vary depending upon the actual design of

    the Concessionaire, based on IRC guide lines.

    5) The Concessionaire shall provide detailed geometric design for entries and

    exits

    6) Development of parking area, detention area with pavement marking.

    7) Development of rest areas/amenities etc. for check post users.

    8) Construction of compound wall along periphery of the premises of the check

    post and also along with the various demarcated areas as shown in the

    drawing.

    9) Development of entry and exit arrangement.

    10) Construction of cattle traps at entry and exit of each check post.

    11) The Concessionaire shall also develop signal system, if required, at entry and

    exit of each check post.

    12) The Concessionaire shall post necessary signage, gantries, canopy and road

    furnitures as per the site requirements and requirements of check post users so

    also highway users in general as instructed by the Transport Department.

    13) Within the premises of check post, the Concessionaire shall develop minimum

    number of lanes for the particular category of check post with proper

    arrangement for traffic segregation and channelization of running vehicles in

    side the check post premises. Proper kerb arrangement and pavement marking

    shall be provided for the purpose. The Concessionaire shall design the traffic

    arrangement from the entry into the check post up to the exit of the check post

    (as per IRC-55:2002) in such a way that at any point of time, confusion or

    traffic congestion/chaos shall not occur.

    14) The Concessionaire shall also provide kerbs, parapets, railings, guard stones,etc. wherever required to maintain the over all discipline in the premises of

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    check post.

    15) The Concessionaire shall also provide all necessary landscaping and

    arboriculture as well as artifacts to beautify the check posts.

    16) Any other provision as directed by the Engineer in Charge.

    i) Geometrical Improvements and Pavement Design:The Concessionaire shall design all horizontal and vertical curves considering all

    affecting parameters for geometric design of highways as per the relevant IRC Standards

    and codes of practice. The Concessionaire shall design all entries and exits as per the

    geometric design guidelines issued by IRC.

    The Concessionaire shall design the pavement thickness after assessing the overalltopography of the terrain, sub grade soil conditions, traffic intensity, rain fall intensity,

    axle load, C.B.R. of the sub-grade soil and other necessary testing duly done.

    Concessionaire shall carry out all necessary laboratory and in-situ testing to ascertain the

    classification of sub grade soil required for pavement design and shall design the

    pavement thickness accordingly. The provisions for pavement are proposed as shown in

    the accompanying drawings that are as under:-

    Sr.No. Item Description Rigid Pavement Flexible Pavement.

    1) a) Earthwork - Cutting.b) Earthwork - Banking/filling.

    As per siterequirements

    As per siterequirements

    2) GSB. 225 mm 300 mm

    3) WMM. 250 mm

    4) DLC 150 mm -

    5) PQC 300 mm -

    6) BM (Internal Roads) - 75 mm

    7) DBM - 75 mm

    8) BC - 40 mm

    9) BC (Internal Roads) - 25 mm10) Mastic Asphalt at entry & exit - 25 mm

    Note:- The thickness given above for widening / strengthening / new construction are

    minimum and indicative. The thickness of each layer shall be designed by theConcessionaire shall be based on thickness required for each homogonous section as per

    relevant IRC Codes.

    ii ) Road sighnages

    a) The signage theme for the checkpost is designed considering the various traffic mix

    approaching the checkpost from the National Highway. The traffic mix involves both private& commercial vehicles getting into multiple lanes at the checkpost from the NationalHighway. This may result into traffic congestion at the entry of the Checkpost in absence of

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    Government of Rajasthan , Transport Department

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    A.C.s , etc complete as required for the successful execution of the project as per

    directions of Transport Department during the entire concession period.To cater the demand of vehicular traffic and public working at these check post byvarious department the project requires construction , maintenance of the following

    Building structure like but not limited to1. Administration block2. Transport Parking Office3. Operator Booths4. Residential Block5. Detention Area with high Compound wall6. Hostel with dormitory and Common Mess7. Hostel with Single and three bed rooms8. Loading and unloading area with godown9. Electrical Panel room10.Generator Room

    11.Water Tank12.Toilet block (SULABH SAUCHALAYA) for Gents and Ladies13.Compound wall.14.Central Control room

    1 Drainage.

    Drainage and storm water disposal-

    The Concessionaire shall be responsible to connect external drainage and sewerage lines,

    storm water drains, etc. to the main drainage line of Local Municipal Authorities.

    2 Waterproofing treatments.

    The Concessionaire should provide water proofing treatment to all buildings as per

    relevant IRC, I.S. & P.W.D. Specifications.3 Sanitary arrangement.

    PLUMBING AND SANITARY WORK.

    a. The concessionaire will have to make his own arrangements for the water supply required

    for site by way of local supply / bore well / tube well / tanker.

    b. The Concessionaire shall also provide internal and external water supply and sanitary

    arrangements, storm water drains, ground storage reservoir with pump, rising mains and

    pump house, electrical supply for them from RSEB, transformer etc.

    c. The water supply system shall be provided by the Concessionaire as per approved design

    and carried out as per standard specifications mention