eco tourism project at teesta , dooars (gajoldoba) west ... rfp vol i march 2015.pdf · iidc...
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IIDC LIMITED
Eco Tourism Project at
Teesta , Dooars (Gajoldoba)
West Bengal
REQUEST FOR PROPOSAL: VOL I
RFP for Eco Tourism Projects at Teesta in Dooars (Gajoldoba) Volume I
Page 1 of 98
CONTENTS
DEFINITIONS .................................................................................................................................. 4
SUMMARY OF BIDDING PROCESS............................................................................................ 7
DISCLAIMER .................................................................................................................................. 9
SECTION-1: INTRODUCTION .................................................................................................... 12
1.1 Background .......................................................................................................................... 12
1.2 Brief description of the Bidding Process ............................................................................. 20
1.3 Schedule of Bidding Process ............................................................................................... 22
SECTION-2: INSTRUCTIONS TO BIDDERS ............................................................................. 23
A. GENERAL .............................................................................................................................. 23
2.1 General Terms of Bidding ................................................................................................... 23
2.2 Eligibility of Bidders............................................................................................................ 26
2.3 Number of Bids .................................................................................................................... 31
2.4 Bid and other costs ............................................................................................................... 31
2.5 Site visit and verification of information ............................................................................. 31
2.6 Implementation Structure and Change in Ownership .......................................................... 32
C. DOCUMENTS ........................................................................................................................ 34
2.7 Clarifications ........................................................................................................................ 35
2.8 Amendment of RFP ............................................................................................................. 35
2.9 Right to accept and to reject any or all Bids ........................................................................ 35
D. PREPARATION AND SUBMISSION OF BID .................................................................... 37
2.10 Language .............................................................................................................................. 37
2.11 Documents comprising the Bid ............................................................................................ 37
2.12 Financial Bid / Price Bid ...................................................................................................... 39
2.13 Currencies of Bid and Payment ........................................................................................... 40
2.14 Bid Validity .......................................................................................................................... 40
2.15 Bid Security ......................................................................................................................... 40
2.16 Start of Construction ............................................................................................................ 42
2.17 Format and Signing of Bid ................................................................................................... 42
E. SUBMISSION OF BIDS ........................................................................................................ 43
2.18 Sealing and Marking of Bids ............................................................................................... 43
2.19 Deadline for Submission of Bids (Bid Due Date) ............................................................... 44
2.20 Late Bids .............................................................................................................................. 44
2.21 Withdrawal of Bids .............................................................................................................. 44
F. BID OPENING AND EVALUATION .................................................................................. 46
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2.22 Opening of Technical Bid .................................................................................................... 46
2.23 Examination of Basic Eligibility Bid and Determination of Responsiveness ..................... 46
2.24 Opening of Financial Bids ................................................................................................... 47
2.25 Examination of Financial Bids and Determination of Responsiveness of Financial Bid .... 48
2.26 Correction of Errors ............................................................................................................. 48
2.27 Evaluation of Financial Bids and Selection of Bidder ......................................................... 48
2.28 Clarification of Bids ............................................................................................................. 49
2.29 Process to be Confidential ................................................................................................... 49
G. AWARD OF CONTRACT ..................................................................................................... 51
2.30 Not Used .............................................................................................................................. 51
2.31 Authority's Right to Accept any Bid and Reject any or all Bids ......................................... 51
2.32 Letter of Intent ..................................................................................................................... 51
2.33 Highest Upfront Concession Fee and Project Development Fees ....................................... 51
2.34 Performance Security ........................................................................................................... 52
2.35 Signing of Agreement .......................................................................................................... 52
SECTION-3: CRITERIA FOR BID EVALUATION OF BIDDERS ............................................ 53
3.1 Evaluation parameters .......................................................................................................... 53
3.2 Details of Experience ........................................................................................................... 54
3.3 Financial information for purposes of evaluation ................................................................ 54
SECTION-4: FRAUD AND CORRUPT PRACTICES ................................................................. 57
SECTION-5: PRE-BID CONFERENCE ....................................................................................... 59
SECTION-6: MISCELLANEOUS ................................................................................................. 60
Annexure I: Letter Comprising the Bid .......................................................................................... 61
Annexure II: Checklist of Submissions .......................................................................................... 65
Annexure III: Details of Bidder ...................................................................................................... 66
Annexure IV: Experience (Technical Capacity) of Bidder ............................................................. 67
Annexure V: Financial Capacity of the Bidder ............................................................................... 71
Annexure VI: Statement of Legal Capacity .................................................................................... 72
Annexure VII: Power of Attorney for signing of Application ........................................................ 73
Annexure VIII: Litigation History .................................................................................................. 75
Annexure IX: Site Map ................................................................................................................... 76
Annexure X: Project Master Plan ................................................................................................... 77
Annexure XI: Development Guidelines .......................................................................................... 78
Annexure XII: Board Resolution of the Associate Company ......................................................... 81
Annexure XIII: Letter of Undertaking of the Associate Company ................................................. 82
Annexure XIV: Price Bid (Financial Bid) ...................................................................................... 83
Annexure XV: Not Used ................................................................................................................. 84
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Annexure XVI: Consortium Documents ...................................................................................... 85
Annexure XVII: Bank Guarantee For Performance Security ....................................................... 93
Annexure XVIII: Guidelines of the Department of Disinvestment .............................................. 97
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DEFINITIONS
In this document the following words and expression shall unless repugnant to the context or otherwiae
shall mean.
a Annual Concession
Fee
Shall mean the Annual Concession Fee payable by the Concessionaire as
per Clause 2.12
b Associate
Shall mean, in relation to the Bidder, a person who controls, is controlled
by, or is under the common control with such Bidder . 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 or
contract or otherwise
c Authority Shall mean Department of Tourism, Government of West Bengal.
d Bid Due Date Shall mean the last date of submission of Bids as per the terms of this RFP
e Bid Security Means the security specified in Clause 2.15.1
f Bid Validity Period Shall be the required validity period as per the RFP and shall include any
extension.
g 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;
h Concession
Agreement
Shall mean the Agreement to be entered into between DOT, Preferred
Bidder and the Concessionaire in manner & form set out Volume-II of the
RFP.
i Conflict of Interest Shall have the same meaning as specified in Clause 2.1.10
j Consortium Means a group of companies coming together to implement the project as
specified in Clause 2.2.1
k 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 DOT who is or has been associated in
any manner, directly or indirectly with the Bidding Process or the LOI or
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has dealt with matters concerning the Concession Agreement or arising
there from, before or after the execution thereof, at any time prior to the
expiry of one year from the date such official resigns or retires from or
otherwise ceases to be in the service of DOT, shall be deemed to
constitute influencing the actions of a person connected with the Bidding
Process); or (ii) engaging in any manner whatsoever, whether during the
Bidding Process or after the issue of the LOI or after the execution of the
Concession Agreement, as the case may be, any person in respect of any
matter relating to the Project or the LOI or the Concession Agreement,
who at any time has been or is a legal, financial or technical adviser of
DOT in relation to any matter concerning the Project;
l DBFOT Design, Build, Finance, Operate & Transfer
m DOT Department of Tourism, Government of West Bengal
n Financial Bid Will have the meaning as specified in Clause 2.12
o 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 ;
p Highest Bidder Highest Bidder who has offered the Highest Upfront Fee as specified in
Clause 1.2.5
q Highest Upfront Fee Highest Upfront Fee means the Fee to be paid by the Highest Bidder as
specified in Clause 1.2.5
r Late Bids Shall have the meaning as defined in Clause 2.20
s LoI Letter of Intent
t Net Worth
Shall mean (Subscribed and Paid- up Equity + Reserves) less (Revaluation
reserves + miscellaneous expenditure not written off + reserves not
available for distribution to equity shareholders)
u PPP Public Private Partnership
v Preferred Bidder Shall mean the successful bidder as specified in Clause 2.27.2
w Project Shall mean development of Eco Tourism at Teesta, Dooars in Jalpaiguri
(Gajoldoba) as specified in Clause 1.1.4
x Qualification Criteria Shall be as specified in Clause 2.2.4
y Re. or Rs. or INR Indian Rupee
z 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 or abstaining itself or any person
from bidding as would have the effect of eliminating competition or a
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competitor
aa RFP or Request for
Proposals Shall have the meaning as defined in the Disclaimer
ab Shortlisted Bidders Shall have the meaning as specified in Clause 2.23.5
ac Subject Person Shall have the meaning as specified in Clause 2.1.10
ad Technical Committee
A Committee constituted by the Tourism Department, Government of
West Bengal for setting parameters for evaluation of Technical Bid and
also evaluation of the said Bid.
ae Tie Bidders Shall have the meaning as specified in Clause 2.27.3
af Undesirable practice
means (i) establishing contact with any person connected with or
employed or engaged by DOT 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;
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SUMMARY OF BIDDING PROCESS
Flow Chart of Key Bid Evaluation Steps and timelines thereof
Sl. No Stage Particulars
A Opening of Envelope 1
(Basic Eligibility Bid)
Verification of Bid Security as per applicable amount specified
in the RFP in the form of a Bank Draft in favour of Director
Tourism, Government of West Bengal, drawn on a Scheduled
Nationalised Bank and payable at Kolkata
Thereafter evaluation of other Eligibility Bid Documents will be
taken up to ensure that the Eligibility Bids confirm to the
eligibility requirements laid down in clause 2.23 of RFP.
B. Evaluation of Technical
Bid
Technical Bid of only those bidders who are found to be
responsive as per the above stage shall be opened. The Bid shall
be examined by the Technical Committee constituted by The
Tourism Department, Government of West Bengal and only
those Bidders getting 70 marks or above shall be considered for
the next stage.
C. Evaluation of Financial
Bid
Financial Bid of Eligible Bidders getting 70 marks or above
shall be opened & the bidder quoting the highest upfront fee
shall be declared the preferred bidder. At this stage the highest
upfront shall be the sole bidding criteria.
D. Issue of LOI The LOI to the successfully selected Bidder shall be issued by
the Authority within 7 working days of the opening of the
Financial Bid
E. Submission by the
Concessionaire
The Concessionaire shall be required to confirm to the following
requirements:
a) within 15 days of LoI
i) Letter of acceptance
ii) Performance Guarantee document or a Scheduled
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Nationalised Bank for an amount of 10% of the upfront
concession fee.
b) within 45 days of LoI :
i) payment of the Highest Upfront Concession Fee in the
form of a Demand Draft drawn on a Scheduled
Nationalized Bank in favour the “Director Tourism,
Government of West Bengal” payable at Kolkata.
ii) Payment of the Project Development Fee in the form of
a Demand Draft drawn on a Scheduled Nationalized
Bank in favour of IIDC Limited payable at Kolkata
F. Form of SPV The Preferred Bidder shall form the SPV prior to the signing of
the Concession Agreement but within 45 days of the LOI
G. Signing of Concession
Agreement
Subject to compliance of the above & other terms of RFP the
Concession Agreement shall be signed within 60 days of issue of
LoI.
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DISCLAIMER
1. The information contained in this Request for Proposal document (the “RFP) or subsequently
provided to Bidder(s), whether verbally or in documentary or in any other form by or on behalf of
The Department of Tourism, Government of West Bengal (referred as “DOT” or the“ Authority”)
or any of its employees or advisors, is provided to the Bidder(s) on the terms and conditions set out
in this RFP and such other terms and conditions subject to which such information is provided
2. This RFP document contains brief information about the Project for “Development of Tourism
Hub at Gajoldoba (herein referred to as “Project”) by the successful bidder/developer selected
through a competitive bidding process. The purpose of this RFP Document is to provide Bidders
with information that may be useful to them in the formulation of their bid and for no other
purpose.
3. This RFP is not an agreement and is neither an offer nor invitation by DOT to the prospective
Bidders or any other person but is merely informatory in nature creating no obligation whatsoever.
The terms on which the Project is to be developed and the right of the successful Bidder/applicant
shall be as set out in separate definitive agreement to be entered into by the concerned parties later
.The purpose of the RFP is to provide interested parties with information that may be useful to
them in making their proposal including financial offers (the “Bid”) pursuant to this RFP. This
RFP includes statements, which reflect various assumptions and assessments arrived at by DOT in
relation to the Project. Such assumptions, assessments and statements do not purport to contain the
information that each Bidder may require. This RFP may not be appropriate for all persons, and it
is not possible for DOT, its employees or advisors to consider the investment objectives, financial
situation and particular needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in this RFP, may not be complete, accurate,
adequate or correct. Each Bidder should, therefore, conduct its own investigations and analysis and
should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions,
assessments, statements and information contained in this RFP and obtain independent advice from
appropriate sources Each Party shall carry out his own due diligence on all relevant issues
including financial viability, technical parameters, site conditions etc and DOT or its advisors do
not guarantee financial and technical viability of the project. This RFP is being made available by
DOT to the interested parties on the terms set out in this RFP. The possession or use of this RFP in
any manner contrary to any applicable law is expressly prohibited. The Bidders shall inform
themselves concerning, and shall observe any applicable legal requirements. The information does
not purport to be comprehensive or to have been independently verified. Nothing in this RFP shall
be construed as legal, financial or tax advice.
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4. Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which
depends upon interpretation of law. The information given is not an exhaustive account of
statutory requirements and should not be regarded as complete or authoritative statement of law.
DOT, its employees and advisors accepts no responsibility for the accuracy or otherwise for any
interpretation or opinion on law expressed herein.
5. Neither the information in this RFP nor any other written or oral information in relation to the
selection process of the Bidder for implementing the Project or otherwise is intended to form the
basis of or the inducement for any investment activity or any decision to enter into any contract or
arrangement in relation to the Project and should not be relied as such.
6. DOT, its employees and advisors make no representation or warranty and shall have no liability to
any person, including any Bidder under any law, statute, rules or regulations or tort, principles of
restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may
arise from or be incurred or suffered on account of anything contained in this RFP or otherwise,
including the accuracy, adequacy, correctness, completeness or reliability of the RFP and any
assessment, assumption, statement or information contained therein or deemed to form part of this
RFP or arising in any way in relation to the bidding process.
7. DOT, its employees and advisors also accept no liability of any nature whether resulting from
negligence or otherwise, howsoever caused, arising from reliance of any Bidder upon the
statements contained in this RFP.
8. DOT may in its absolute discretion, but without being under any obligation to do so, update,
amend or supplement the information, statement, assessment or assumptions contained in this RFP.
9. Intimation of discrepancies in the RFP document, if any, should be given to the office of the DOT
immediately by the bidder. If no written communication is received by DOT, it shall be deemed
that the Bidders/applicants are satisfied that the RFP document is complete in all respects.
10. The issuance of this RFP does not in any way imply that DOT is bound to select a Bidder or to
appoint the Preferred Bidder for the Project. DOT reserves the right in its sole discretion, to accept
or reject any or all of the bidders or bids without assigning any reasons thereof.
11. The Bidder shall bear all its costs associated with or relating to the preparation and submission of
its Bid including but not limited to preparing, copying, postage, delivery fees, expenses associated
with any demonstrations or presentations which may be required by DOT or any other costs
incurred in connection with or relating to its Bid. All such costs and expenses will remain with the
Bidder and DOT shall not be liable in any manner whatsoever for the same or for any other costs
or expenses incurred by any Bidder in preparation or submission of the Bid, regardless of the
conduct or outcome of the bidding process.
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12. Nothing in this RFP shall constitute the basis of a contract which may be concluded in relation to
the Project nor shall such documentation/information be used in construing any such contract.
Each Bidder must rely on the terms and conditions contained in any contract, when, and if, finally
executed, subject to such limitations and restrictions which may be specified in such contract.
13. The Bidders are prohibited from any form of collusion or arrangement in an attempt to influence
the selection and award process of the Bid. Giving or offering of any gift, bribe or inducement or
any attempt to any such act on behalf of the Bidder towards any officer/employee of DOT or to
any other person in a position to influence the decision of the DOT for showing any favour in
relation to this RFP or any other contract, shall render the Bidder to such liability/penalty as the
DOT may deem proper, including but not limited to rejection of the Bid of the Bidder and
forfeiture of its Bid Security.
14. Laws of the Republic of India are applicable to this RFP.
15. The RFP is solely for the implementation of the project to be undertaken in accordance with this
RFP on the land the owner of which is and shall always be DoT and the land shall always be
deemed to be in the actual exclusive possession of DoT. The Preferred Bidder shall only make use
of the land to implement the project and the land on which the proposed project is to be under
taken shall in no way be deemed to be transferred by any mode to the Preferred Bidder. Any
attempt to transfer the land by any mode shall be treated as malfeasance and in that event the
Concession Agreement shall be terminated forthwith without any notice and reason and DoT shall
resume the land together with all structures and forfeit the deposit/Performance Guarantee without
any prejudice to any action taken as per law.
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SECTION-1: INTRODUCTION
1.1 Background
1.1.1 West Bengal is endowed with diversities of nature and is a tourist’s dream. From the arid Chhota-
nagpur plateau region in the West, rich forests in the North and South, mountains in the North, sea
beaches in the South and rivers crisscrossing the whole of the state, the varied panorama offers the
discerning traveler a wide choice and caters to the requirements of varied travel segments.
1.1.2 The Government of West Bengal recognizes tourism to be amongst the key growth engines for
economic development and employment generation. The Government has already identified
several projects which would develop West Bengal as an ideal tourism destination. The
Government is committed to provide adequate supporting infrastructure for Tourism Project and
various steps are being taken in this regard.
1.1.3 In furtherance to this objective, the Government of West Bengal has identified key Tourism
Projects (Tourism Parks/Tourism Circuits etc) which are planned to be implemented in association
with suitable Private Partners identified through a transparent bidding process.
1.1.4 Development of Eco Tourism at Teesta in Dooars, Jalpaiguri (Gajoldoba) , (the “Project”) is one
such priority project which has been identified by the Department of Tourism, Government of
West Bengal for priority implementation. The Project is positioned to tap the demand of the
tourism segment and thus act as an engine of economic growth at the region. The Tourism Hub is
being planned with high quality infrastructure so as to attract national as well as international
tourists.
1.1.5 A Project Master Plan has been prepared and various components identified for implementation.
The Project Components as identified are to be implemented on a PPP Framework while the DOT
would take up development of the key common infrastructure. A detailed infrastructure plan
involving Water, Sewerage, Drainage and Road has already been developed and is in the process
of being taken up for implementation.
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1.1.6 DOT intends to select private sector developers for Design, Construction, Financing, Operation &
Maintenance of the various components identified under the Master Plan (Project Components), in
terms of the specifications and performance standards as set out in this bid document and the
Concession Agreement through a transparent and competitive single stage bidding process. The
Authority invites sealed Bids comprising Basic Eligibility Bid, Technical Bid and Price Bid from
interested parties (herein referred to as “Bidders”) for developing the various Project Components
as specified in Clause 1.1.3. A Bidder may bid for one or more of the Project Components subject
to a maximum of three components. The private sector developer (Preferred Bidders) shall be
handed over the possession of the Project Facility required for the respective Project Component
on a as-is-where-is basis for a period of thirty (30) years from the date of execution of the
Concession Agreement and in terms thereof (herein referred to as “Concession Agreement”).
Subject to the Concessionaire being in due compliance with the terms hereof during the
Concession Period, the Concession may be renewed by the Parties for two successive terms of 30
(thirty) years each, subject to payment of Upfront Fee (at the commencement of such term) which
shall: (i) be equivalent to the Highest Upfront Fee escalated by 5% p.a. on the immediately
preceding concession period; and (ii) payment of Annual Concession Fee of an amount equivalent
to 1% (one percent) of the above referred upfront fee, and upon such other terms and conditions as
may be mutually agreed to by the Parties
1.1.7 The scope of work for the Project shall broadly include:
a) Planning, Design, Financing, Construction, Marketing, Managing, Operating and Maintaining
the respective Project Component as per the development guidelines , good industry practices,
overall objectives of the Tourism Hub, best industry practices, specifications and performance
standards.
b) Implementation of the Project and bringing in the required investment for the Project as per the
preferred bidder’s RFP submissions and as per the detailed project report (DPR) approved by
the Authority.
c) Payment of all amounts in terms of the Project Agreement to the Authority
1.1.8 A site map of the Project site is enclosed herewith as Annexure IX.
1.1.9 A Bidder can be a company/ partnership firm/other legal entity incorporated/established as per the
applicable laws of the country of its origin (the “Bidder(s)”). Subject to terms and conditions
mentioned herein, a consortium of maximum two agencies shall be allowed to bid and any Bid
submitted by a consortium of entities exceeding two members shall not be considered for
evaluation under this RFP. Upon selection, the Preferred Bidder shall be required to incorporate a
company under the Companies Act, 1956, as a special purpose company prior to execution of the
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concession agreement (hereinafter referred to as ‘Concessionaire’) for the implementation of the
Project under and in accordance with the provisions of the concession agreement (the “Concession
Agreement”) to be entered into between the Preferred Bidder, Concessionaire and the Authority in
the form provided by the Authority as part of the Bidding Documents pursuant hereto.
Throughout these bidding documents, the terms ‘Bid’ and ‘Tender’ and their derivatives (bidder/
tenderer/ , bidder/applicant, bid/ tender, bidding/ tendering, etc.) are synonymous.
1.1.10 The Concession Agreement to be entered into between DOT, Preferred Bidder and the
Concessionaire shall set forth the detailed terms and conditions for grant of Concession to the
Concessionaire, including the scope of the Concessionaire’s services and obligations (the
“Concession”).
1.1.11 The statements and explanations contained in this RFP are intended to provide a proper
understanding to the Bidders about the subject matter of this RFP and should not be construed or
interpreted as limiting in any way or in any manner the scope of services and obligations of the
Concessionaire set forth in the Concession Agreement or the Authority’s rights to amend, alter,
change, supplement or clarify the scope of work, the Concession to be awarded pursuant to this
RFP or the terms thereof or herein contained. Consequently, any omissions, conflicts or
contradictions in the Bidding Documents including this RFP are to be noted, interpreted and
applied appropriately to give effect to this intent, and no claims on that account shall be
entertained by the Authority.
1.1.12 The Authority shall receive Bids pursuant to this RFP in accordance with the terms and conditions
set forth herein and other documents as provided by the Authority pursuant to this RFP and as
modified, altered, amended and clarified from time to time by the Authority (collectively the
"Bidding Documents"). All the Bids shall be prepared and submitted in accordance with such
prescribed terms and conditions on or before the date specified in clause 1.3 of this RFP for
submission of Bids (the “Bid Due Date”).
1.1.13 Proposed Tourism Park at Gajoldoba
a. The Department of Tourism, Government of West Bengal proposes to develop a Tourism Park
on its land of around 208 acres situated adjacent to the Teesta Barrage. The site is suitable for
Tourism and is surrounded by the Teesta Barrage, Teesta Canal and the Baikunthapur Forest
and is rich in natural beauty and splendor. The Department of Tourism has already taken up
steps for development of supporting infrastructure for the proposed Initiative.
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b. The following land use has been proposed for the area :
Sl No. UNITS acres
1 Lake Plaza 4
2 Ayurvedic Spa village 4
3 High End Eco-Lake Resort 13
4 Star Category Eco-Resort - I 6
5 Star Category Eco- Resort II 3
6 Star Category Eco- Resort III 3
7 Hospitality Training Institute 4
8 Reception / Interpretation 3
9 Utilities (2+6) 8
10 Budget Eco Resort I 1.75
11 Budget Eco Resort II 1.75
12 Budget Eco Resort III 1.75
13 Cultural Area 13
14 Parking 4
15 Amusement Park 8
16 Youth Hostel [Yuva Kendra] 2
17 Retirement Home 2
18 Camping Area 5
19 Golf Course & Academy 83
20 Elephant Zone 5
21 Buffer 8
22 Lake 14
23 Road 9
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The Following Project Components (as identified in the Matser Plan provided as Annexure
X) are being currently offered under this bid:
1.1.14 Introduction to Gajoldoba
Gajoldoba is a barrage, based on the
River Teesta. The barrages attract a
large number of wintering
waterfowls. The area is also a part of
the Terai-Dooars Forest Circuit
which covers the Mahananda
Wildlife Sanctuary, large
Baikanthapur Forest division,
Gorumara National Park, etc.
The region is ideal for Nature Tourism particularly for bird watchers. Water & Forest attracts a
number of birds from Ladakh and Central Asia. This place is also frequented by the beauty
Brahmini Ducks, Bar Headed Goose, Poachards, Pintails, Shovlers, mallards, black Ibis, and
many species of storks, cormorants and ducks. It is a good place to see migrating and wintering
24 Bird Watching area 1.47
25 Entry Gate Plaza & Boating Point 0.28
TOTAL 208
UNITS sqm Acres
Star Category Eco- Resort II 12494 3
Star Category Eco- Resort III 12411 3
Hospitality Training Institute 16960 4
Budget Eco Resort I 7066 1.75
Budget Eco Resort II 7094 1.75
Budget Eco Resort III 7075 1.75
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raptors, plus grebes. Some birds seen here are Common Shelduck, Falcated Duck, Garganey,
Red-crested Pochard, Ferruginous Pochard, Lesser Sand Plover, Northern Lapwing, Osprey,
Western and Eastern Marsh Harriers, Hen Harrier, Peregrine, Great Crested and Black-necked
Grebes. The Baikunthapur forest which is adjacent to the site offers opportunities for wild life
and nature tourism.
The dense Baikunthapur Forest has the potential of becoming one of the most attractive tourism
destinations of West Bengal.
Project Location
Gajoldoba is located around 35 km South-east of Siliguri which is a busy business hub in North
Bengal and acts as an important corridor to Nepal, Bhutan, Bangladesh and the North Eastern
States. Bagdogra Airport and New Jalpaiguri Railhead are on the outskirts of the Siliguri town
and Siliguri is very well connected to almost all major cities of India. Siliguri is already a major
Tourism Gateway.
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Project Rationale
Some of the key features of the site which makes the location attractive for Tourism are as
follows:
Unparalleled natural beauty by the side of the barrage and dense forest.
Strong connectivity with Siliguri and rest of the country
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Area is enriched with river, reservoirs, hillock, dense forest and wildlife. All these create
wide opportunities for tourism
activities.
The site has an ambience of natural
greenery due to presence of lush
green luxuriant trees.
Popular picnic spot as well as perfect
place for birds watcher in the region
Availability of vast stretches of Land
Further details on the Tourism Activities and Project Plan are provided in the Project
Information Memorandum.
1.1.15 The Bidder shall pay Rs 20,000/ (Rupees Twenty thousand only) to the Authority as non-
refundable cost of procuring the RFP documents being provided to the Bidders, by way of a
demand draft in favor of ‘Director, Department of Tourism, Government of West Bengal, drawn
on a Scheduled Nationalised Bank, and payable at Kolkata. Alternatively Bidder can also
download the RFP document from the websites www.westbengaltourism.gov.in,
banglarrmukh.com or www.iidcindia.co.in. However in such case the Bidder/(s) shall submit the
said demand draft (non refundable) along with the Bid. In case Bidder submits more than one
component, then each bid should be accompanied by the Demand Draft or procured from DOT by
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payment of draft as mentioned herein provided that a bidder can bid for a maximum of three
components.
1.1.16 In order to assist DOT to carry out the Bidding Process, IIDC Limited (formerly IL&FS
Infrastructure Development Corporation Limited) has been appointed to act as the Project advisor
to undertake the Project development activities inter-alia including preparation of Bidding
Documents and selection of the Preferred Bidder in terms hereof.
1.2 Brief description of the Bidding Process
1.2.1 DOT invites sealed Basic Eligibility Submission, Technical Bids and Price Bids (hereinafter
collectively referred to as the “Bid”) from Bidders for design, financing, construction and
operation of the Project Components. The Authority has adopted a single-stage process (referred
to as the "Bidding Process") for selection of the Preferred Bidder for undertaking the Project
Components in terms hereof. The Bid submission is envisaged in three parts, Basic Eligibility
Submission (Envelope I) Technical Bid (Envelope II) and Financial Bid (Envelope III).
.Envelope II of only those bidders whose Eligibility Submission is found to be responsive and
fulfills the qualification requirements shall be opened. The Bidders scoring the qualifying marks
as per Envelope II shall be declared as shortlisted and Financial Bids of only such bidders shall
be opened. Bid Security of those Bidders who do not qualify at this stage shall be returned.
1.2.2 This RFP document contains information about the Project, Bidding Process, Bid submission,
Qualification and Financial Bid requirements.
1.2.3 The Bid shall be valid for a period of not less than 180 days from the Bid Due Date.
1.2.4 A Bidder is required to deposit, along with its Bid, a Bid Security equivalent to an amount as
specified in Clause no. 2.15.1 of this RFP Document.
Bidders are invited to examine the Project site, and to carry out, at their cost, such studies as may
be required for submitting their respective Bids for undertaking the Project including
implementation of the Project.
In the event the Bidders wish to visit the Project Site, such Bidders shall inform DOT and IL&FS
by way of sufficient notice with name of the persons (maximum no, of two persons for each
Bidder). DOT shall notify the date for such visit, on receipt of the request from Bidders. The
Bidders shall bear their respective expenses in relation to the visit. The Bidder shall indemnify
the Authority in respect to all liabilities which may arise out of the said Project site visit or
survey investigation carried out on or about the Project Facility by the Bidders. By submitting its
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bid, the bidder accepts and confirms that the bidder has conducted his independent due diligence
and has taken into account all risks that may affect the project and indemnifies DOT and its
advisors from any liabilities whatsoever.
1.2.5 Bids are invited for the Project on the basis of highest upfront fee (the “Highest Upfront Fee”)
offered to the Authority by a Bidder for the grant of the Project. The Highest Upfront Fee shall
constitute the sole criteria for evaluation of Financial Bids. In this RFP, the term “Highest
Bidder” shall mean the Bidder who is offering the highest upfront. Generally the Highest Bidder
shall be the Preferred Bidder. The other bidders will be kept in reserve and may, in accordance
with the process specified in the RFP, be invited to match the bid submitted by the Highest
Bidder in a case where the Highest Bidder withdraws or is not selected for any reason. If none of
the Bidders match the bid of the Highest Bidder, DOT may, in its sole discretion, invite fresh
bids from all bidders or annul the Bidding Process, as the case may be.
1.2.6 A Concession Agreement will be entered between the Authority, Preferred Bidder and the
Concessionaire incorporated by the Preferred Bidder under the provisions of the Companies Act,
1956, for undertaking the Project. The Bidding Documents includes the draft Concession
Agreement..Subject to the provisions of Clause 2.8.3, the aforesaid documents and any addenda
issued subsequent to this RFP Document, but before the Bid Due Date, will be deemed to form
part of the Bidding Documents.
1.2.7 Any award pursuant to the Bidding Process shall be subject to the terms and conditions of
Bidding Documents.
1.2.8 Any queries or request for additional information concerning this RFP shall be submitted in
writing or by fax and e-mail to the officers designated in Clause 2.11.3 and at IIDC’s address as
mentioned in Clause 2.11.3 (A). The envelopes/ communication shall clearly bear the following
identification/ title:
"Queries/Request for Additional Information: RFP for “Development of Eco
Tourism at Teesta, Dooars, in Jalpaiguri (Gajoldoba)”
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1.3 Schedule of Bidding Process
DOT shall endeavor to adhere to the following bidding schedule:
Sl No Event Description Estimated Date
1 Uploading of Bid 10/03/2015
2 Last date for receiving queries 17/03/2015
3
Pre Bid Meeting
(please refer section-5 of this RFP)
13.00 hrs of 18/03/2015 at the
Conference Room (3rd
Floor)
Block A,
New Secretariat Building
1, Kiron Shankar Roy Road
Kolkata 700 001
4 Bid Due Date 15.00 hrs (IST) of 21/04/2015
5 Opening of Technical Bids 16.00 hrs (IST) of 21/04/2015
6
Shortlisting of Bidder
(to be noted through
www.westbengaltourism.gov.in )
To Be Announced
7 Opening of Financial Bid To Be Announced
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SECTION-2: INSTRUCTIONS TO BIDDERS
A. GENERAL
2.1 General Terms of Bidding
2.1.1 A Bidder is eligible to submit only one Bid for one component. No Bidder shall submit more than
one Bid for one Project Component.
2.1.2 Notwithstanding anything to the contrary contained in this RFP, the detailed terms of the draft
Concession Agreement shall have overriding effect and shall prevail over the terms of this RFP to
the extent of any repugnancy between them; provided, however, that any conditions or obligations
imposed on the Bidder hereunder shall continue to have effect in addition to its obligations under
the draft Concession Agreement.
2.1.3 The Financial Bid shall be furnished in the format at Annexure XIV clearly indicating the amount
of Upfront payable by the Concessionaire to DOT in both figures and words, in Indian Rupees, and
signed by the Bidder’s authorized signatory. In the event of any difference between figures and
words, the amount indicated in words shall be taken into account.
2.1.4 The Bidder shall deposit a Bid Security in accordance to the provision of this RFP Document.
2.1.5 The Bidder shall submit a copy of the RFP document, along with any amendments, duly stamped
and signed by its authorized signatory. The Bidder shall submit a Power of Attorney as per the
format at Annexure VII, authorizing the signatory of the Bid to commit the Bidder
2.1.6 Any entity which has been barred by the Central/ State Government, or any entity controlled by it,
from participating in any project (BOT or otherwise), and the bar subsists as on the date of
bidding, would not be eligible to submit a Bid. A Bidder including any Associate should, in the
last 3 (three) years, have neither failed to perform on any contract, as evidenced by imposition of a
penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against
the Bidder, or Associate thereof, as the case may be, nor has been expelled from any project or
contract by any public entity nor have had any contract terminated by any public entity for breach
by such Bidder, or Associate thereof.
2.1.7 Any condition or qualification or any other stipulation contained in the Bid shall render the Bid
liable to rejection as a non-responsive Bid.
2.1.8 The Bid and all communications in relation to or concerning the Bidding Documents and the Bid
shall be in English language.
2.1.9 The Bidding Documents including this RFP and all attached documents are and shall remain the
property of the Authority and are transmitted to the Bidders solely for the purpose of preparation
and the submission of a Bid in accordance herewith. Bidders are to treat all information as strictly
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confidential and shall not use it for any purpose other than for preparation and submission of their
Bid. The provisions of this Clause 2.1.9 shall also apply mutatis mutandis to Bids and all other
documents submitted by the Bidders, and the Authority will not return to Bidders any Bid or any
information provided along therewith.
2.1.10 A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding
Process. Any Bidder found to have a Conflict of Interest shall be disqualified. In the event of
disqualification, Authority shall forfeit the Bid Security or Performance Security (in case of
Preferred bidder, after the Project is awarded to him) , as the case may be, as mutually agreed
genuine pre-estimated loss and damage likely to be suffered and incurred by the Authority and not
by way of penalty for, inter alia, the time, cost and effort of Authority, including consideration of
such Bidder’s Bid, without prejudice to any other right or remedy that may be available to the
Authority hereunder or/and the Concession Agreement or otherwise. Without limiting the
generality of the above, a Bidder shall be considered to have a Conflict of Interest that affects the
Bidding Process, if:
(i) the Bidder, its Member or Associate (or any constituent thereof) and any other Bidder, or
any Associate thereof (or any constituent thereof) have common controlling shareholders
or other ownership interest; provided that this disqualification shall not apply in cases
where the direct or indirect shareholding of a Bidder or an Associate thereof (or any
shareholder thereof having a shareholding of more than 5% (five per cent) of the paid up
and subscribed share capital of such Bidder, or Associate, as the case may be) in the other
Bidder, its Associate, is less than 5% (five per cent) of the subscribed and paid up equity
share capital thereof; provided further that this disqualification shall not apply to any
ownership by a bank, insurance company, pension fund or a public financial institution
referred to in section 4A of the Companies Act, 1956. For the purposes of this Clause
2.1.10 indirect shareholding held through one or more intermediate persons shall be
computed as follows: (aa) where any intermediary is controlled by a person through
management control or otherwise, the entire shareholding held by such controlled
intermediary in any other person (the “Subject Person”) shall be taken into account for
computing the shareholding of such controlling person in the Subject Person; and (bb)
subject always to sub-clause (aa) above, where a person does not exercise control over an
intermediary, which has shareholding in the Subject Person, the computation of indirect
shareholding of such person in the Subject Person shall be undertaken on a proportionate
basis; provided, however, that no such shareholding shall be reckoned under this sub-
clause (bb) if the shareholding of such person in the intermediary is less than 26% of the
subscribed and paid up equity shareholding of such intermediary; or
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(ii) a constituent of such Bidder is also a constituent of another Bidder; or
(iii) such Bidder or any Associate thereof receives or has received any direct or indirect
subsidy, grant, concessional loan or subordinated debt from any other Bidder, its Member
or Associate, or has provided any such subsidy, grant, concessional loan or subordinated
debt to any other Bidder or any Associate thereof; or
(iv) such Bidder has the same legal representative for purposes of this Bid as any other Bidder;
or
(v) such Bidder or any Associate thereof has a relationship with another Bidder, or any
Associate thereof, directly or through common third parties, that puts them in a position to
have access to each others’ information about, or to influence the Bid of either or each of
the other Bidder; or
(vi) such Bidder has participated as a consultant to Authority in the preparation of any
documents, design or technical specifications of the Project.
For purposes of this RFP, Associate means, in relation to the Bidder, a person who controls, is
controlled by, or is under the common control with such Bidder (the “Associate”). As used in this
definition, the expression “control” means, with respect to a person which is a company or
corporation, 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 or contract of
otherwise.
2.1.12 A Bidder shall be liable for disqualification and forfeiture of Bid Security if any legal, financial or
technical adviser of the Authority in relation to the Project is engaged by the Bidder in any manner
for matters related to or incidental therewith to such Project during the Bidding Process.
2.1.13 This RFP is non- transferable.
2.1.14 Any award of contract pursuant to this RFP shall be subject to the terms of Bidding Documents.
2.1.15. The Preferred Bidder would be required to make the following Payments:
The Preferred Bidder shall make the following non-refundable, irrevocable payment prior of the
signing of the concession agreement and within 30 days from the date of issuance of LOI.
All fees are exclusive of service tax and which shall be payable as applicable
A. Highest Upfront Fee as per clause no. 1.2.5 of RFP, in the form of a bank draft from a
Scheduled Nationalized Bank in favor of Director, Tourism Department, Government of West
Bengal payable at Kolkata.
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B. Project Development Fee
A fee equivalent to the applicable percentage cost of the Project Cost (as defined in the Project
Information Memorandum) Project Development Fee along with applicable service tax and other
levies, by way of demand draft in favour of IL&FS Infrastructure Development Limited, payable at
Kolkata.
The applicable rates for the various categories of the project are as follows:
Sl
No
Project Cost
(In Rs Crs)
Project
Development Fee
1 Upto to Rs 100 (crs) 1.00%
2 Rs 100-200 (crs) 0.75%
3 Rs 200-500 (crs) 0.55%
4 Rs 500-1000 (crs) 0.50%
5 Above Rs 1000 (crs) 0.375%
2.2 Eligibility of Bidders
2.2.1 The Applicant may be a single entity or a group of entities (the “Consortium”), coming together
to implement the Project. However, no applicant applying individually or as a member of a
Consortium, as the case may be, can be member of another Applicant Consortium. The term
Applicant used herein would apply to both a single entity and a Consortium.
2.2.2 An Applicant shall not have a conflict of interest that affects the Bidding Process. Any Applicant
found to have a Conflict of Interest shall be disqualified. An Applicant shall be deemed to have a
Conflict of Interest that affects the Bidding Process, if a constituent of such Applicant is also a
constituent of another Applicant;
2.2.3 Where the Applicant is a single entity, it may be required to incorporate a company under the
Companies Act, 1956 as a Special Purpose Vehicle (SPV), as its wholly owned company, to
execute the Concession Agreement and implement the Project. In case the Applicant is a
Consortium, it shall, in addition to forming an SPV as its wholly owned company, comply with the
following additional requirements:
a. Number of members in a consortium should be limited to 2 (two) members;
b. the Application should contain the information required for each member of the
Consortium;
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c. members of the Consortium shall nominate one member as the lead member (the “Lead
Member”), who shall have at least 51% of the paid up and subscribed equity of the SPV.
The nomination(s) shall be supported by a Power of Attorney, as per the format at
Annexure-XVI, signed by all the members of the Consortium;
d. members of the Consortium shall enter into formal understanding vide a Jt. Bidding
Agreement substantially in the format set out in Annexure XVI, for the purpose of making
the Application for the project.
e. except as provided under this EOI and the bidding documents, there shall not be any
amendment to the Jt. Bidding Agreement without the prior written consent of the
Authority
2.2.4 The Bidder shall provide all the information sought under this three envelope format consisting of
the Basic Eligibility Submission, Technical Bid and Financial Bid. The Authority shall only open
the Financial Bid of only those Bidders whose Basic Eligibility Submission is found to be
responsive and who have scored 70 marks or above in the Technical Bid.
Basic Eligibility Criteria (Qualification): The first step of the bidding process involves
qualification (the “Qualification”) of interested parties who make a Bid in accordance with the
provisions of this RFP. The Bidders whose Bids are adjudged responsive in accordance with
requirements of this RFP shall only be considered for Bid evaluation. The Qualification Bids of
those Bidders whose Bids are adjudged responsive in accordance with requirements of this RFP
shall be evaluated on the basis of the following criteria (the “Qualification Criteria”):
A: Technical Capacity
The Applicant /Consortium should have the following minimum Technical experience:
a. Development/Operation of at least two similar projects for a minimum period of three years
(one similar project for Hospitality Training Institute) in the component/ Category/(s) it desires
to bid for. The Project should be operational at the time of the issue.
OR
b. Development /Construction of a Real Estate Project with a minimum investment as follows
which was commissioned during the last five financial years immediately preceding the
Application Due Date
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Budget Hotel Rs 10 crores
Institute of Hotel Management Rs 15 crores
Star Category Resorts Rs 20 crores
AND
Specific tie up with an agency fulfilling the qualification criteria at (a) above in case the bidder
does not qualify to the qualification requirement mentioned in a. above.
Note:
i. Development means Conceptualize, plan, design, finance, construct, build and market
ii. Similar type of Project Experience shall mean
Budget Resort means Resort/Hotel having a minimum twenty rooms
For Star Category Resorts, resorts/hotels having minimum 30 air conditioned rooms, two
restaurants, banquet hall and swimming pool/indoor games facilities
In case of Hospitality Training Institute, experience in Hospitality Training Institute or
Education Institution in India or abroad
iii. Real Estate Project would include development of residential projects (such as
townships, housing colonies, apartments /group housing, cottages/villas),
commercial/retail projects (such as malls, hotels, shopping complexes, office complexes,
town/district centres, Institutional Buildings.),
iv. Applicant shall attach necessary supporting documents for consideration of projects
under development/construction experience.
v. The Lead Member shall be required to fulfill 50% of the Financial Criteria
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B: Financial Capacity:
The Bidder shall fulfil the following Financial Requirement:
The Bidder shall enclose with its Bid, certificate(s) from its statutory auditors specifying the net
worth of the Bidder, as at the close of the preceding financial year, and also specifying that the
methodology adopted for calculating such net worth conforms to the provisions of this Clause 2.2
of the RFP. For the purposes of this RFP, Net Worth shall mean (Subscribed and Paid- up Equity +
Reserves) less (Revaluation reserves + miscellaneous expenditure not written off + reserves not
available for distribution to equity shareholders)
The Technical Bids of the Bidders fulfilling the Basic Eligibility Requirements will be thereafter
opened and checked for their completeness and responsiveness. Those bidders whose technical
bids are found to be complete shall be called upon to make the presentation of detailed Business
Plan/ Project concept as detailed in the RFP before the Committee formed for the purpose by the
Government of West Bengal..
Based on the submitted Technical Proposal and presentation made, the Committees shall award
marks as per the following criteria approved by the Committee:
The Financial Bid of those bidders who qualify as per the Basic Eligibility Submission and
score 70 marks of above in the Technical Bid shall only be opened. The Bidder quoting the
highest upfront fee shall be then declared the preferred bidder.
2.2.5 Litigation History: The Bidder should provide accurate information about any litigation or
arbitration resulting from contracts completed or ongoing under its execution over the last five
years. A history of award(s) against the Bidder will result in summary rejection of the Bid.
Suppression of any information or material in this regard would be construed as a fundamental
Units Net Worth
Requirement INR’crs
Budget Hotels 5
Hospitality Training Institute 10
Star Category Resorts 10
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breach and the Authority reserves its right to take appropriate action including
rejection/disqualification of the Bid, forfeiture of Bid Security etc. as may be deemed fit and
proper by the Authority at any time without requiring giving any notice to the Bidder in this
regard.
2.2.6 Bidders shall provide such evidence of their continued eligibility criteria fulfillment in terms
hereof to the Authority as the Authority shall reasonably request.
2.2.7 In computing the Technical and Financial Capacity of the Bidder the Capacity of their Associates
would be eligible provided however that the Bidder shall provide Board Resolution (as per format
provided in Annexure XII) and Letter of undertaking (Annexure XIII) in respect thereof, from
such Associate.
2.2.6 Any entity which has been barred by the Central/ Government of West Bengal, or any entity
controlled by it, from participating in any project (BOT or otherwise), and the bar subsists as on
the Bid Due Date, would not be eligible to submit a Bid.
2.2.7 A Bidder or an Associate thereof should, in the last 3 (three) years, have neither failed to perform
on any contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a
judicial pronouncement or arbitration award against the Bidder or its Associate, as the case may
be, nor has been expelled from any project or contract by any public entity nor have had any
contract terminated by any public entity for breach by Bidder or Associate its.
2.2.8 While participation is open to persons from any country, the following provisions shall apply:
(a) Where, on the date of bidding, not less than 15% (fifteen per cent) of the aggregate issued,
subscribed and paid up equity share capital in a Bidder is held by persons resident outside India or
where a Bidder is controlled by persons resident outside India; or
(b) if at any subsequent stage after the date of the Bid submission, there is an acquisition of not less
than 15% (fifteen per cent) of the aggregate issued, subscribed and paid up equity share capital or
control, by persons resident outside India, in or of the Bidder;
Then the Qualification of such Bidder or in the event described in sub-clause (b) above, the
continued Qualification of the Bidder shall be subject to approval of the Authority from national
security and public interest perspective. The decision of the Authority in this behalf shall be final
and conclusive and binding on the Applicant.
The holding or acquisition of equity or control, as above, shall include direct or indirect holding/
acquisition, including by transfer, of the direct or indirect legal or beneficial ownership or control,
by persons acting for themselves or in concert and in determining such holding or acquisition, the
Authority shall be guided by the principles, precedents and definitions contained in the Securities
and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations,
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2011, or any substitute thereof, as in force on the date of such acquisition.
The Bidder shall promptly inform the Authority of any change in the shareholding, as above, and
failure to do so shall render the Bidder liable for disqualification from the Bidding Process.
2.3 Number of Bids
A Bidder is eligible to submit only one Bid for one component. In case the aforesaid is not
conformed to, the Authority shall reject all the Bids of which the defaulting Bidder is a party. A
single bidder (including a consortium) can bid for a maximum of three components.
2.4 Bid and other costs
The Bidders shall be responsible for all costs associated with the preparation of their Bids and their
participation in the Bid. The Authority will not be responsible or in any way liable for such costs,
regardless of the conduct or outcome of the Bidding Process.
2.5 Site visit and verification of information
Bidders are encouraged to submit their respective Bids after visiting the Project site and
ascertaining for themselves the site conditions, traffic, location, surroundings, climate, availability
of power, water and other utilities, access to site, handling and storage of materials, weather data,
applicable laws and regulations, and any other matter considered relevant by them.
2.5.1 It shall be deemed that by submitting the Bid, the Bidder has:
a. made visit to the Project Site and has ascertained the site conditions, locations, climate,
availability of infrastructure and other applicable laws and regulations of the state
b. made a complete and careful examination of the Bid document including draft Concession
Agreement;
c. received all relevant information requested from DOT;
d. accepted the risk of inadequacy, error or mistake in the information provided in the Bid
document or furnished by or on behalf of DOT relating to any of the matters referred to in
Clause 2.5 above; and
e. Satisfied itself about all matters, things and information including matters referred to in
Clause 2.5 hereinabove necessary and required for submitting an informed Bid, execution
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of the Project in accordance with the Bidding Documents and performance of all of its
obligations there under.
f. acknowledged and agreed that inadequacy, lack of completeness or incorrectness of
information provided in the Bidding Documents or ignorance of any of the matters referred
to in Clause 2.5 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 the Authority,
or a ground for termination of the Concession Agreement by the Concessionaire.
g. acknowledged that it does not have a Conflict of Interest;
h. agreed to be bound by the undertakings provided by it under and in terms hereof and
i. made its own independent due diligence and satisfied itself on the viability of the project..
2.5.2 DOT shall not be liable for any omission, mistake or error in respect of any of the above or on
account of any matter or thing arising out of or concerning or relating to the Bid document or the
Bidding Process, including any error or mistake therein or in any information or data given by
DOT.
2.5.3 The Bidder shall also submit an affidavit to be sworn before a First Class Judicial Magistrate
acknowledging Clause 2.5.1 & 2.5.2.
2.6 Implementation Structure and Change in Ownership
2.6.1 The Preferred Bidder shall prior to execution of the Concession Agreement, incorporate a special
purpose vehicle under the Companies Act, 1956, as its wholly owned company, to act as the
Concessionaire and to implement the Project in terms of the Concession Agreement. The Preferred
Bidder shall hold a minimum of 51 percent of the paid up and subscribed equity share capital of
the Concessionaire at all times till the tenth anniversary of the construction completion of the
Project.
2.6.2 By submitting the Bid, the Bidder shall be deemed to have acknowledged and agreed that in the
event of a change in control of the Associate(s) whose Technical Capacity and/ or Financial
Capacity shall be taken into consideration for the purposes of Qualification under and in
accordance with this RFP, the Bidder shall be deemed to have knowledge of the same and shall be
required to inform the Authority forthwith along with all relevant particulars about the same and
the Authority may, in its sole discretion, disqualify the Bidder or withdraw the LOA from the
Preferred Bidder, as the case may be. In the event such change in control occurs after signing of
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the Concession Agreement but prior to Financial Close of the Project, it would, notwithstanding
anything to the contrary contained in the Concession Agreement, be deemed to be a breach of the
Concession Agreement, and the same shall be liable to be terminated without the Authority being
liable in any manner whatsoever to the Concessionaire. In such an event, notwithstanding anything
to the contrary contained in the Concession Agreement, the Authority 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 the Authority under the
Bidding Documents and/ or the Concession Agreement or otherwise.
.
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C. DOCUMENTS
Contents of the RFP
This RFP comprises the disclaimer set forth hereinabove, the contents as listed below, and will
additionally include any Addenda issued in accordance with Clause 2.8.
Volume I: Request for Proposal
SECTION: 1 Introduction
SECTION: 2 Instructions To Bidders
SECTION: 3 Criteria for Evaluation of Bids
SECTION: 4 Fraud And Corrupt Practices
SECTION: 5 Pre-Bid Conference
SECTION: 6 Miscellaneous
Annexure
Annexure I Letter Comprising the Bid
Annexure II Checklist
Annexure III Details of Bidder
Annexure IV Technical Capacity of Bidder
Annexure V Financial Capacity of the Bidder
Annexure VI Statement of Legal Capacity
Annexure VII Power of Attorney for signing of Bid
Annexure VIII Litigation History
Annexure IX Site Map
Annexure X Project Master Plan
Annexure XI Development Guidelines
Annexure XII Board Resolution
Annexure XIII Letter of undertaking
Annexure XIV Format for Financial Bid
Annexure XV Not Used
Annexure XVI Consortium Documents
Annexure XVII Bank Guarantee for Performance Security
Annexure XVIII Guidelines of the Department of Disinvestment
Volume 2 Draft Concession Agreement
Volume 3 Project Information Memorandum
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2.7 Clarifications
2.7.1 Bidders requiring any clarification on the RFP may notify DOT in writing or by fax or e-mail in
accordance with Clause 1.2.8. They should send in their queries before the date specified in the
schedule of Bidding Process contained in Clause 1.3. DOT shall endeavor to respond to the queries
within the period specified therein, but no later than 5 (five) days prior to the Bid Due Date. The
responses will be posted on the web sites mentioned in the bid document..
2.7.2 DOT shall endeavor to respond to the questions raised or clarifications sought by the Bidders.
However, DOT reserves the right to not respond to any question or provide any clarification, in its
sole discretion, and nothing in this Clause shall be taken or read as compelling or requiring DOT to
respond to any question or to provide any clarification. DOT shall not take any responsibility for
postal or any other delay in response.
2.7.3 DOT may also on its own motion, if deemed necessary, issue interpretations and clarifications to
all Bidders. All clarifications and interpretations issued by DOT shall be deemed to be part of the
RFP. Verbal clarifications and information given by Authority or its employees or representatives
shall not in any way or manner be binding on DOT.
2.8 Amendment of RFP
2.8.1 At any time prior to the deadline for submission of RFP, Authority may, for any reason, whether at
its own initiative or in response to clarifications requested by a Bidder, modify the RFP by the
issuance of Addenda.
2.8.2 Any Addendum thus issued will be sent in writing to all those who have purchased the RFP and also
posted in the websites www.westbengaltourism.gov.in, www.banglarrmukh.com or
www.iidcindia.co.in. Such addendum shall be an integral part of RFP
2.8.3 In order to afford the Bidders a reasonable time for taking an Addendum into account, or for any
other reason, Authority may, at its own discretion, extend the Bid Due Date
2.9 Right to accept and to reject any or all Bids
2.9.1 Notwithstanding anything contained in this RFP, the Authority reserves the right to accept or reject
any Bid and to annul the Bidding Process and reject all Bids at any time without any liability or
any obligation for such acceptance, rejection or annulment, and without assigning any reasons
thereof.
2.9.2 The Authority reserves the right to reject any Bid and forfeit the Bid Security if:
(a) At any time, a material misrepresentation is made or uncovered, or
(b) The Bidder does not provide, within the time specified by the Authority, the supplemental
information sought by the Authority for evaluation of the Bid. Such misrepresentation/
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improper response shall lead to the disqualification of the Bidder. If such disqualification /
rejection occurs after the Bids have been opened and the Preferred Bidder gets disqualified
/ rejected, then the Authority reserves the right to:
(i) Invite the remaining Bidders to submit Bids; or
ii) Take any such measure as may be deemed fit in the sole discretion of the Authority,
including annulment of the Bidding Process.
2.9.3 In case it is found during the evaluation or at any time before signing of the Concession Agreement
or after its execution and during the period of subsistence thereof, including the Concession
thereby granted by the Authority, that one or more of the qualification conditions have not been
met by the Preferred Bidder or the Preferred Bidder has made material misrepresentation or has
given any materially incorrect or false information, the Bidder shall be disqualified forthwith if not
yet appointed as the Concessionaire either by issue of the Letter of Intent (referred as “LOI”) or
entering into of the Concession Agreement, and if the Bidder has already been issued the LOI or
has entered into the Concession Agreement, as the case may be, the same shall, notwithstanding
anything to the contrary contained therein or in this RFP, be liable to be terminated, by a
communication in writing by the Authority to the Preferred Bidder, without the Authority being
liable in any manner whatsoever to the Preferred Bidder or Concessionaire, as the case may be. In
such an event, the Authority shall forfeit and appropriate the Bid Security or Performance Security,
as the case may be, as compensation and damages payable to the Authority for, inter alia, time,
cost and effort of the Authority, without prejudice to any other right or remedy that may be
available to the Authority.
2.9.4 The Authority reserves the right to verify all statements, information and documents submitted by
the Bidder in response to the RFP or the Bidding Documents and the Bidder shall, when so
required by the Authority, make available all such information, evidence and documents as may be
necessary for such verification. Any such verification or lack of such verification, by the Authority
shall not relieve the Bidder of its obligations or liabilities hereunder nor will it affect any rights of
the Authority there under.
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D. PREPARATION AND SUBMISSION OF BID
2.10 Language
The Bid and all related correspondence and documents in relation to the Bidding Process shall be
in English language. Supporting documents and printed literature furnished by the Bidder with the
Bid may be in any other language provided that they are accompanied by appropriate translations
in the English language. Supporting materials, which are not translated into English, may not be
considered. For the purpose of interpretation and evaluation of the Bid, the English language
translation shall prevail.
2.11 Documents comprising the Bid
2.11.1 The bids shall be submitted in three envelopes which comprise the following documents:-
AA.. Envelope-I - Basic Eligibility Bid: The Bidder shall submit The Eligibility Bid in the
formats specified herein. The Qualification Bid shall comprise the following:
i) Letter Comprising the Bid in the format at Annexure I.
ii) Checklist in the format at Annexure II
iii) Details of the Bidder in the form and manner as described in Annexure III
iv) Technical Capacity of the Bidder in the form and manner as described in Annexure IV
v) Financial Capacity of the Bidder in the form and manner as described in Annexure V
vi) Statement of Legal Capacity of the Bidder in the format at Annexure VI
vii) Power of Attorney authorizing the signatory of bid to commit the Bidder in
accordance with Sub-Clause 2.1.5 and in the format as specified in Annexure VII
viii) Litigation History as per format at Annexure VIII
ix) Bid Security .
x) Demand draft towards the cost of RFP document or a receipt of payment thereof
xi) Other material/information required to be submitted are:
a. copies of Bidder’s duly audited balance sheet and profit and loss account for the
last three financial years.
b. Affidavit acknowledging the requirements set out in Clauses 2.5.1 & 2.5.2, hereof.
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c. A copy of the RFP, any Addendum issued, Concession Agreement and Project
Information Memorandum with each page duly signed by the authorised signatory
of the Bidder.
BB.. Envelope-II – Technical Bid: The Bidder shall submit The technical Bid which shall
cover the following:
Technical Bid
Firm’s Capability
Understanding of the project concept for each of the components bidded for
Indicative Concept Plan for each of the components bidded for
Likely Investment & Project Viability for each of the components bidded for
Suggested Project Implementation Plan for each of the components bidded for
Key Issues for implementation
CC.. Envelope-III- Financial/Price Bid: The Bidder shall submit the Financial/Price Bid in the
format specified at Annexure-XIV.
Each part shall be separately sealed and marked in accordance with the sealing and marking
instruction in Clause 2.18.
2.11.2 The Bidder shall prepare and submit two copies of the Qualification and the Technical Bid (one
original & one duplicate) and one copy of the Financial Bid for each component.
2.11.3 The queries and completed RFP must be submitted to:
To:
The Director
Tourism Department
Government of West Bengal
2, Brabourne Road, 4th Floor
Kolkata-700001
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2.11.3 (A) Queries can also be submitted to
To
Chandana Roychowdhury
Head Urban Projects (East & North East)
IIDC Ltd
Constantia, 3rd
Floor
11, Dr. U.N. Brahmachari Street,
Kolkata: 700017
Phone: +91 33 2280 7358-63/ Fax: +91 33 2283 5002
Mobile: +91 98300 60375
Email: [email protected]
2.12 Financial Bid / Price Bid
2.12.1 The Bidder shall quote in its Financial Bid in terms hereof the Upfront Concession Fee payable to
the Authority.
2.12.2 In addition to the same, the Concessionaire shall, in accordance with the provisions of the
Concession Agreement, pay to the Authority an annual concession fee every financial year in
advance. (“Annual Concession Fee”). The Annual Concession Fee for the first year of the
Concession Agreement shall be equivalent to an amount which is equal to 1% of the Highest
Upfront Fee quoted by the Preferred Bidder in its Price Bid
2.12.3 Subject to the terms and conditions mentioned herein, the Annual Concession Fee in the
subsequent years, during the term of the Concession Agreement shall be escalated at the rate of 5%
per annum, over the last paid Annual Concession Fee.
2.12.4 The Highest Upfront Fee as well as the Annual Concession Fee payable by the Concessionaire
shall be exclusive of applicable service tax and other similar levies, which shall be payable over
and above the Fee by the Concessionaire.
2.12.5 In the event, the operation commencement date falls in 1st half of a financial year during the
operation period, the Annual Concession Fee shall be escalated with effect from the subsequent
financial year of the operation period, at the rate of 5% over the last paid Annual Concession Fee.
In the event, the operation commencement date falls in second half of a financial year during the
operation period, the Annual Concession Fee shall be escalated after the expiry of subsequent
financial year (i.e. with effect from the financial year commencing after the expiry of such
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subsequent financial year) of the operation period, at the rate of 5% over the last paid Annual
Concession Fee.
2.13 Currencies of Bid and Payment
2.13.1 The Bidder shall quote the Fees in its Financial Bid in Indian Rupees
2.13.2 All payments to be made by the Preferred Bidder in terms hereof, including Project Development
Fees and advances, if any, shall be made by the Preferred Bidder in Indian Rupees.
2.14 Bid Validity
2.14.1 Bids shall remain valid for a period of 180 days (one hundred eighty days) after the Bid Due Date
(herein the “Bid Validity Period”) specified in Clause 2.19. A Bid having lesser validity period
than the prescribed Bid Validity Period shall be summarily rejected by the Authority as non-
responsive.
2.14.2 Prior to expiry of the Bid Validity Period, the Authority may request the Bidders to extend the Bid
Validity Period for a specified additional period. The request and the responses thereto shall be
made in writing or by fax. A Bidder may refuse such request for extension of Bid Validity Period
without being liable for forfeiture of its Bid Security. A Bidder agreeing to the request will not be
required or permitted to modify its bid but will be required to extend the validity of its Bid
Security for the period of the extended bid validity period, in compliance with Clause 2.15 in all
respects.
2.15 Bid Security
2.15.1 The Bidder shall furnish, as part of its Bid, as Bid Security by way of a Bank Draft issued by a
Scheduled Nationalised Bank payable at Kolkata in favour of “ The Director, Department of
Tourism, Government of West Bengal. The value of the Bid security shall be as per the following
table.
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2.15.2 Any Bid not accompanied by the Bid Security shall be summarily rejected by the Authority as
non- responsive.
2.15.3 The Bid Security of unsuccessful Bidders, except the Bidder (H2) next to the Preferred Bidder
(H1, will be returned as promptly as possible without any interest, on acceptance of the Bid of the
Preferred Bidder or when the Bidding process is cancelled by the Authority, and in any case within
120 (one hundred and twenty) days from the Bid Due Date. The Bid Security of H2 will be
returned within 15 (fifteen) days of signing of Concession Agreement with the Concessionaire.
2.15.4 The Bid Security of the Preferred Bidder will be returned upon the Concessionaire executing the
Concession Agreement and furnishing the required Performance Security in accordance with the
provisions hereof and the LOI.
2.15.5 The Bid Security shall be forfeited as Damages without prejudice to any other right or remedy that
may be available to the Authority under the Bidding Documents and/ or under the Concession
Agreement, or otherwise, under the following conditions:
a) If a Bidder submits a non-responsive Bid;
b) If the Bidder withdraws its Bid during the Bid Validity Period as specified in this
RFP and as extended by mutual consent of the respective Bidder(s) and the
Authority;
c) If the Bidder submits a conditional Bid
d) If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice as specified in Section 4 of this RFP;
e) If the Bidder does not accept the correction of errors in its Bid, pursuant to Clause
2.26 hereof;
f) In the case of the Preferred Bidder, if the Bidder fails within the specified time
limit
i) To sign and return the duplicate copy of LOI;
Project Components Bid Security
(In Rs Lacs)
Budget Hotels 5
Hospitality Training Institute 7.5
Star Hotels 7.5
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ii) To furnish the required Performance Security within the period
prescribed there for the LOI;
iii) Sign the Concession Agreement;
iv) to pay the Project Development Fee, within the period prescribed therfor
in the LOI;
g) any other conditions, with respect to the Bidder as well as the Preferred Bidder, for
which forfeiture of Bid Security has been provided under this RFP.
2.16 Start of Construction
The Bidder must start construction within six months of handing over the land to the bidder and achieve
substantial completion within three years of the same. Failure to do so may result in termination of the
contract.
.
2.17 Format and Signing of Bid
2.17.1 The Bidder shall prepare two copies of the documents (one in original and one duplicate)
comprising the Qualification and the Technical Bid as described in Clause 2.11 of Instructions to
Bidders. The original and the copy of the Technical Bid shall be placed in separate sealed
envelopes duly marked as ‘Original’ and ‘Copy’, respectively.
2.17.2 The Bid shall be typed or written in indelible ink and shall be signed by a person or persons duly
authorized to sign on behalf of the Bidder, pursuant to sub clause 2.1.5
2.17.3 The Bid shall contain no alterations, omissions or additions, except those to comply with
instructions issued by the Authority, or as necessary to correct errors made by the Bidder, in which
case all such corrections shall be initialed by the person or persons authorized to sign the Bid.
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E. SUBMISSION OF BIDS
2.18 Sealing and Marking of Bids
2.18.1 The Bidder shall submit the Bid in three envelopes as below:
Envelope I: Basic Eligibility Bid (containing the original and a copy of the Eligibility Bid, in
separate sealed envelopes). ). In case the bidder bid for multiple components, than separate Bid
will have to be prepared for each component. The common documents for all the bids maybe
provided in one of the envelope.
Envelope II: Technical Bid (containing the original and a copy of the Technical Bid, in separate
sealed envelopes). In case the bidders bids for multiple components, than separate Bid will have to
be prepared for each component.
Envelope III: Financial Bid: In case the bidders bids for multiple components, than separate Bid
will have to be prepared for each component.
The Eligibility, Technical & Financial Bid shall be sealed in separate envelopes (Envelopes I II &
III) and the sealed Qualification, Technical & Financial Bid envelops (Envelopes I,II and III) shall
be put in an outer envelope and sealed. The envelopes shall be respectively marked as follows:-
Outer Envelope:
“Development of a Tourism Hub in Gajoldoba in Jalpaiguri District ".
Envelope- I: Basic Eligibility Submission: for “Development of a Tourism Hub in Gajoldoba
in Jalpaiguri District: _______________________________Project Component".
Envelope- II Technical Bid for “Development of a Tourism Hub in Gajoldoba in Jalpaiguri
District: _______________________________Project Component".
Envelope- III Financial Bid: for Development of a Tourism Hub in Gajoldoba in Jalpaiguri
District :_______________________________Project Component".
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All the Formats shall be strictly as per the provided formats and should fulfill the requirements
stated herein.
2.18.2 The inner and outer envelopes shall
a) Be addressed to the Authority at the address mentioned in sub clause 2.11.3 :
b) Bear the following identification:
Basic Eligibility. Technical and Financial Bid, as the case may be, for
“Development of a Tourism Hub in Gajoldoba in Jalpaiguri District for
______________________________, ________ and ___________Project
Component
c) Indicate the name and address of the Bidder.
2.18.3 If the outer envelope is not sealed and marked as above, the Authority will assume no
responsibility for the misplacement or premature opening of the Bid.
2.19 Deadline for Submission of Bids (Bid Due Date)
2.19.1 Bids must be received by the Authority at the address as mentioned in clause 2.11.3 on or before
date and time mentioned in clause 1.3
2.19.2 The Authority may, at his discretion, extend the Bid Due Date by issuing an addendum in respect
thereof.
2.19.3 In the event of specified date of Bid Due Date being declared a holiday for DOT, the deadline for
submission of Bid shall be the next working day.
2.20 Late Bids
2.20.1 Any Bid received by the Authority after the Bid Due Date prescribed in Clause 2.19 will be
returned unopened to the Bidder.
2.21 Withdrawal of Bids
2.21.1 The Bidder may withdraw its Bid after submission, provided that written notice of the
modification, substitution or withdrawal is received by the Authority prior to the Bid Due Date. No
Bid shall be withdrawn by the Bidder on or after the Bid Due Date.
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2.21.2 The withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clause
2.18, with the envelopes being additionally marked “WITHDRAWAL”, as appropriate.
2.21.3 Any alteration/ modification in the Bid or additional information supplied subsequent to the Bid
Due Date, unless the same has been expressly sought for by the Authority, shall be disregarded.
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F. BID OPENING AND EVALUATION
2.22 Opening of Technical Bid
2.22.1 The Authority will open the outer envelope of all the Bids received (except those received late)
containing the sealed Basic Eligibility, Technical Bid and the sealed Financial Bid and announce
the names of (i) Bidders, and (ii) Bidders who have given notice for withdrawal of their Bids in the
presence of Bidders or their representatives who choose to attend on the date and time mentioned
in the RFP. In the event of specified date of Bid opening being declared as a holiday for the
Authority, the Bid will be opened at the appointed time and location on the next working day.
2.22.2 Bids for which acceptable notice of withdrawal has been submitted pursuant to Clause 2.21 shall
not be opened and shall be returned.
2.22.3 Envelopes marked Basic Eligibility Bid of the Bidders shall then be opened. Bidder’s names, the
presence/or absence of Bid Security, the amount and validity of Bid Security furnished with each
Bid and such other details, as the Authority may consider appropriate will be announced by the
Authority at the opening.
2.22.4 The Bidders or their representatives who are present shall sign attendance sheet evidencing their
attendance.
The sealed envelope containing the Financial Bid shall not be opened at this stage.
2.23 Examination of Basic Eligibility Bid and Determination of Responsiveness
2.23.1 Prior to evaluation of Eligibility Bids, the Authority will determine whether the Bid is
accompanied by the required Bid Security.
2.23.2 If the Bid Security furnished does not conform to the amount and validity period as specified in
this RFP document (Volume I) and has not been furnished in the form specified in clause 2.15, the
Bid shall be rejected by the Authority as non -responsive.
2.23.3 Subject to confirmation of the Bid Security by the issuing bank, the Technical Bid will be taken up
for determination of responsiveness of the Bid in terms hereof.
The Basic Eligibility Bid shall be considered responsive only if:
(a) it is received as per formats prescribed herein.
(b) it is received by the Bid Due Date including any extension thereof pursuant to Clause 2.8
(c) it is signed, sealed and marked as stipulated in Clauses 2.17 and 2.18;
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(d) it contains all the documents listed in Clause 2.11.1 in the formats prescribed in this RFP;
(e) it contains all the information and documents (complete in all respects) as requested in this
RFP;
(f) it does not contain any condition or qualification; and
(g) it is not non-responsive in terms hereof.
The Authority reserves the right to reject any Bid which is non-responsive and no request for
alteration, modification, substitution or withdrawal shall be entertained by the Authority in respect
of such Bid.
2.23.3 The Technical Bids determined to be responsive in terms of 2.23.3 hereinabove, shall subsequently
be evaluated to determine their qualification in terms of the Qualification Criteria detailed in
Clause 2.2 hereof.
2.23.4 Bidders who meet the Qualification Criteria specified in Clause 2.2 hereof shall qualify for
evaluation of their Technical Bids. Bids of Bidders who do not meet the Qualification Criteria as
per Clause 2.2. shall be rejected and shall not be evaluated further. The Technical Bids will then
be evaluated by the Technical Committee. as per the process laid herein and those Bidders who
attain the prescribed minimum marks shall be eligible for the next stage and shall be shortlisted
“Shortlisted Bidders”
2.23.5 The Authority shall inform the “Shortlisted Bidders”, the date, time and place of opening of
Financial Bid. In the event of the specified date being declared a holiday for the Authority, the
Financial Bid will be opened at the appointed time and location on the next working day.
2.24 Opening of Financial Bids
2.24.1 The Authority will open the envelope marked ‘Financial Bid’ of only those Bidders who’s
Technical Bids have been determined to be responsive in accordance with Clause 2.23 and
determined to fulfill the Qualification Criteria as detailed out in clause 2.2, in presence of the
Bidders or their representatives who choose to attend on the date intimated to such Bidders.
2.24.2 The Authority reserves the right to open Financial Bids of the various components in one date or
in a phased manner.
2.24.3 The Bidders or their representatives who are present shall sign attendance sheet evidencing their
attendance.
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2.25 Examination of Financial Bids and Determination of Responsiveness of Financial Bid
2.25.1 Prior to the evaluation of Financial Bids of the Shortlisted Bidders, DOT will determine the
responsiveness of each Financial Bid to the terms of the Bidding Documents.
2.25.2 A responsive Financial Bid is one which conforms to all the terms, conditions and specifications of
the Bidding Documents, is submitted in the prescribed format and is signed and sealed as
prescribed and confirms to the requirements set forth in respect of the Reserve Price.
2.25.3 If the Financial Bid of any Shortlisted Bidder is not responsive in terms hereof, the Bid of such
Bidder shall be rejected by DOT and the Bidder shall not subsequently be allowed to make its Bid
responsive by correction or withdrawal of the non-conforming deviation or reservation.
2.26 Correction of Errors
2.26.1 Financial Bids determined to be responsive will be checked by DOT for any arithmetic errors.
Arithmetic errors will be rectified on the following basis:-
i) Where there is a discrepancy between the Upfront Fee amount quoted in the Financial Bid,
in figures and in words, the amount in words will prevail over the amounts in figures, to
the extent of such discrepancy
2.26.2 The amount stated in the Financial Bid will be adjusted by DOT in accordance with the above
procedure for the correction of errors and shall be considered as binding upon the Bidder. If the
Bidder does not accept the corrected amount of Bid, his Bid will be rejected, and his Bid Security
shall be liable for forfeiture in accordance with Clause 2.15.
2.27 Evaluation of Financial Bids and Selection of Bidder
2.27.1 Authority will evaluate and compare only those Financial Bids which are determined to be
responsive in accordance with Clause 2.25.
2.27.2 Subject to the provisions of Clause 2.9.1, the Shortlisted Bidder whose Financial Bid is adjudged
responsive in terms of Clause 2.25, and who quotes the highest Upfront Fee offered to Authority
(H1), in the assessment based on the evaluation of Financial Bid shall be declared as the preferred
Bidder (the “Preferred Bidder”) for each component; In the event that the Authority rejects or
annuls all the Bids, it may, in its discretion, invite all eligible Bidders to submit fresh Bids
hereunder
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2.27.3 In the event that two or more Bidders quote the same amount of Upfront Fee (the “Tie Bidders”),
the Authority shall identify the Preferred Bidder by draw of lots, which shall be conducted, with
prior notice, in the presence of the Tie Bidders who choose to attend.
2.27.4 In the event that the Highest Bidder withdraws or is not selected for any reason in the first instance
or fails to comply with the provision of 2.33 or 2.34 or 2.35 (the “first round of bidding”), the
Authority may invite all the remaining Bidders to revalidate or extend their respective Bid
Security, as necessary, and match the Bid of the aforesaid Highest Bidder (the “second round of
bidding”). If in the second round of bidding, only one Bidder matches the Highest Bidder, it shall
be the Preferred Bidder. If two or more Bidders match the said Highest Bidder in the second round
of bidding, then the Bidder whose Bid was higher as compared to other Bidder(s) in the first round
of bidding shall be the Preferred Bidder. For example, if the third and fifth highest Bidders in the
first round of bidding offer to match the said Highest Bidder in the second round of bidding, the
said third highest Bidder shall be the Preferred Bidder.
2.27.5 In the event that no Bidder offers to match the Highest Bidder in the second round of bidding as
specified in Clause 2.27.4, the matter shall be referred to the Empowered Finance Committee set
up by the Tourism Department, for this Bid and whose decision shall be final in this regard.
2.28 Clarification of Bids
2.28.1 To assist in the examination, evaluation and comparison of Bids, DOT may, at its discretion, seek
clarifications in writing from any Bidder regarding its Bid, ask any Bidder for authenticating the
correctness of the information/details furnished by him in his Bid. Provided, that no change in the
price or substance of the Bid shall be sought, offered or permitted except as required to confirm the
correction of arithmetical errors discovered by DOT in the evaluation of the Bids in accordance
with Clause 2.26.
2.28.2 Subject to Sub Clause 2.28.1, no Bidders shall contact DOT on any matter relating to his Bid from
the time of Bid opening to the time contract is awarded.
2.28.3 Any effort by the Bidder to influence DOT in the DOT’s Bid evaluation, Bid comparison or
contract award decisions may result in the rejection of his Bid.
2.29 Process to be Confidential
2.29.1 Information relating to the examination, clarification, evaluation and recommendation for the
Bidders shall not be disclosed to any person who is not officially concerned with the process or is
not a retained professional advisor advising the Authority in relation to, or matters arising out of,
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or concerning the Bidding Process. The Authority will treat all information, submitted as part of
the Bid, in confidence and will require all those who have access to such material to treat the same
in confidence. The Authority may not divulge any such information unless it is directed to do so by
any statutory entity that has the power under law to require its disclosure or is to enforce or assert
any right or privilege of the statutory entity and/ or the Authority or as may be required by law or
in connection with any legal process.
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G. AWARD OF CONTRACT
2.30 Not Used
2.31 Authority's Right to Accept any Bid and Reject any or all Bids
2.31.1 Notwithstanding anything contained in Clause 2.30 above, DOT reserves the right to accept or
reject any Bid and to annul the Bidding process and reject all Bids, at any time prior to award of
contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation
to inform the affected Bidder or Bidders of the grounds for the DOT 's action.
2.32 Letter of Intent
2.32.1 After selection, a Letter of Intent (the “LOI”) shall be issued, in duplicate, by the Authority to the
Preferred Bidder and the Preferred Bidder shall, within 7 (seven) days of the receipt of the LOI,
sign and return the duplicate copy of the LOI in acknowledgement thereof. In the event the
duplicate copy of the LOI duly signed by the Preferred Bidder is not received by the stipulated
date, the Authority may, unless it consents to extension of time for submission thereof, forfeit the
Bid Security of such Bidder as loss and damage suffered by the Authority on account of failure of
the Preferred Bidder to acknowledge the LOI, and the Authority may initiate the bidding process
again for the other Qualified Bidders or may annul the bidding process and take steps to start a
fresh bidding process.
2.32.2 After acknowledgement of the LOI as aforesaid by the Preferred Bidder, it shall comply with the
prerequisites to the signing of the Concession Agreement as set forth in the LOI and shall
subsequently cause the Concessionaire to execute the Concession Agreement within the period as
prescribed in the LOI. The Preferred Bidder shall not be entitled to seek any deviation,
modification or amendment in the Concession Agreement.
2.33 Highest Upfront Concession Fee and Project Development Fees
2.33.1 The Preferred Bidder shall pay the Highest Upfront Concession Fee and Project Development
Fees as per clause no. 2.1.15 of this RFP.
. 2.33.2 Failure of the Preferred Bidder to comply with the above requirement shall entitle the
Authority to cancel the LoI and forfeit the Bid Security of the Preferred Bidder and go for second
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round of bidding as per clause no. 2.27.4 of this RFP.
2.34 Performance Security
2.34.1 Within 15 (fifteen) days of the date of receipt of the LoI or before signing of Concession
Agreement, whichever is earlier, the Preferred Bidder shall furnish to the Authority, a Performance
Security equivalent to 10% of the Highest Upfront Concession Fee quoted by the Preferred Bidder
in its Financial Bid, in the form of a bank guarantee issued by a nationalized bank, or a Scheduled
Bank in India having a net worth of at least Rs. 1,000 crore (Rs. one thousand crore), in favor of
the Authority,.
2.34.2 The Performance Security shall be maintained by the Preferred Bidder/ Concessionaire for such
time period and for such amounts as set forth in the Concession Agreement.
2.34.3 Failure of the Preferred Bidder to comply with the requirement of Clause 2.33 and 2.35 shall
entitle the Authority to cancel the LoI and forfeit the Bid Security of the Preferred Bidder.
2.35 Signing of Agreement
2.35.1 Preferred Bidder shall within 60 days from the date of receipt of the LOI, incorporate a special
purpose vehicle under the Companies Act, 1956, as its wholly owned company, to act as the
Concessionaire and to implement the Project in terms of the Concession Agreement. The Preferred
Bidder shall cause the Concessionaire to execute the Concession Agreement within the period as
prescribed in the LoI. The furnishing of Performance Security and the payment of Project
Development Expenses, in terms hereof and as to be enumerated in the LoI, shall be a condition
precedent for to execution of the Concession Agreement.
2.35.2 Within 28 (twenty eight days) of the date of signing the Concession Agreement, the Preferred
Bidder shall, if required by the Authority, procure the registration of the Concession Agreement,
after having the required amount of stamp duty and return the same duly signed and executed on
behalf of the Preferred Bidder to the Authority.
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SECTION-3: CRITERIA FOR BID EVALUATION OF BIDDERS
3.1 Evaluation parameters
3.1.1 Only those Bidders whose Bids are found responsive in terms hereof and meets the eligibility
criteria specified in Clause[s] 2.2. above shall qualify for evaluation under this Section 3. Bidders
whose Bid do not meet the aforesaid qualification criteria shall be rejected.
3.1.2 A Technical Committee has been formed by the Tourism Department, Government of West
Bengal for setting parameters for evaluation of Technical Bid and also evaluation of the said Bid.
Technical Bid shall be marked on the following parameters as recommended by the
Technical Committee.
Section -1: Firm’s Capability (Max Marks: 40)
As per computation given at the end of this Section.
Section -2: Understanding of Project Concept (Max Marks: 15)
Sub-heads Marks
Project Vision & Understanding of the Project 4 marks
Innovation (Technology/design/construction etc.) 3 marks
Eco Friendly/Energy Efficient concept 3 marks
Planning for Physical Infra and Disaster Management 5 marks
Section -3: Indicative Concept Plan (Max Marks: 12)
Sub-heads Marks
Zoning Plan & Functionality 3 marks
Area Utilization 3 marks
Aesthetic View 3 marks
Local Relevance 3 marks
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Section -4: Project Investments & Viability (Max Marks: 15)
Sub-heads Marks
Estimated Project Cost & Phasing 3 marks
Proposed Source of Funding 3 marks
Cost Effectiveness 3 marks
Project Viability Assessment 3 marks
Local Employment 3 marks
Section -5: Suggested Project Implementation Plan (Max Marks: 15)
Sub-heads Marks
Proposed Construction Methodology 4 marks
Proposed Project Implementation Scheduling 4 marks
Equipment Capabilities 3 marks
Proposed Marketing Plan 4 marks
Section -6: Key Issues (Max Marks: 03)
Satisfactory Responses to the queries of the committee during presentation
Technical Bid as per parameters given at the end of this section
3.2 Details of Experience
3.2.1 The bidder should furnish the details of eligible technical experience as per the requirement.
3.2.2 The bidder must provide the necessary information relating to Technical Capacity as per format at
Annexure IV.
3.2.3 The bidder should furnish the required Project-specific information and evidence in support of its
claim of Technical Capacity and for Eligible as per format at Annex-IV.
3.3 Financial information for purposes of evaluation
3.3.1 The Bid must be accompanied by the audited annual reports of the Bidder for the last 3 (three)
financial years, preceding the financial year in which the Bid is made.
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3.3.2 In case the annual accounts for the latest financial year are not audited and therefore the Bidder
cannot make it available, the Bidder shall give an undertaking to this effect and the statutory
auditor shall certify the same. In such a case, the Bidder shall provide the audited annual reports
for 3 (three) financial years preceding the financial year for which the audited annual report is not
being provided.
3.3.3 The Bidder must establish the Financial Capacity as specified in Clause 2.2.4 (b), and provide
details as per format at Annexure V
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Category
Marks Allocation
Budget Eco Resort Hospitality Training
Institute
Star Eco Resort
Marks Allocation
Number of Eligible Project Experience: Max Marks 15
2 1 2 9
3 2 3 12
More than 3 More than 2 More than 3 15
Cumulative Size of Eligible Project (INR Crs): Max Marks 5
more than 5 -- upto 7.5 more than 10 -- upto 15 more than 10 -- upto 15 2
more than 7.5 -- upto 10 more than 15 -- upto 20 more than 15 -- upto 20 3
More than 10 More than 20 More than 20 5
Average Turnover (INR Crs): Max Marks 15
more than 2.5 -- upto 5 more than 10 -- upto 15 more than 5 -- upto 7.5 6
more than 5 -- upto 7.5 more than 15 -- upto 20 more than 7.5 -- upto 10 9
More than 7.5 More than 20 More than 10 15
Tangible Net Worth (INR Crs) : Max Marks 5
more than 5 -- upto 7.5 more than 10 -- upto 15 more than 10 -- upto 15 2
more than 7.5 -- upto 10 more than 15 -- upto 20 more than 15 -- upto 20 3
More than 10 More than 20 More than 20 5
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SECTION-4: FRAUD AND CORRUPT PRACTICES
4.1 The Bidders and their respective officers, employees, agents and advisers shall observe the highest
standard of ethics during the Bidding Process and subsequent to the issue of the LOI and during the
subsistence of the Concession Agreement. Notwithstanding anything to the contrary contained
herein, or in the LOI or the Concession Agreement, the Authority may reject a Bid, withdraw the
LOI, or terminate the Concession Agreement, as the case may be, without being liable in any
manner whatsoever to the Bidder or Concessionaire, as the case may be, if it determines that the
Bidder or Concessionaire, as the case may be, has, directly or indirectly or through an agent,
engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice in the Bidding Process. In such an event, the Authority shall 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 the Authority under the
Bidding Documents and/ or the Concession Agreement, or otherwise.
4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the rights and
remedies which the Authority may have under the LOI or the Concession Agreement, or otherwise
if a Bidder or Concessionaire as the case may be, is found by the Authority to have directly or
indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practice during the Bidding Process, or after
the issue of the LOI or the execution of the Concession Agreement, such Bidder or Concessionaire
shall not be eligible to participate in any tender or RFP issued by the Authority during a period of 2
(two) years from the date such Bidder or Concessionaire as the case may be, is found by the
Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the
case may be..
4.3 For the purposes of this Section 4, the following terms shall have the meaning hereinafter
respectively assigned to them:
(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the actions of any person connected with the
Bidding Process (for avoidance of doubt, offering of employment to or employing or
engaging in any manner whatsoever, directly or indirectly, any official of DOT who is or has
been associated in any manner, directly or indirectly with the Bidding Process or the LOI or
has dealt with matters concerning the Concession Agreement or arising there from, before or
after the execution thereof, at any time prior to the expiry of one year from the date such
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official resigns or retires from or otherwise ceases to be in the service of DOT, shall be
deemed to constitute influencing the actions of a person connected with the Bidding Process);
or (ii) engaging in any manner whatsoever, whether during the Bidding Process or after the
issue of the LOI or after the execution of the Concession Agreement, as the case may be, any
person in respect of any matter relating to the Project or the LOI or the Concession
Agreement, who at any time has been or is a legal, financial or technical adviser of DOT in
relation to any matter concerning the Project;
(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression of facts
or disclosure of incomplete facts, in order to influence the Bidding Process ;
(c) “coercive practice” means impairing or harming or threatening to impair or harm, directly or
indirectly, any person or property to influence any person’s participation or action in the
Bidding Process;
(d) “undesirable practice” means (i) establishing contact with any person connected with or
employed or engaged by DOT with the objective of canvassing, lobbying or in any manner
influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of
Interest; and
(e) “restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Bidders with the objective of restricting or manipulating a full and fair
competition in the Bidding Process or abstaining itself or any person from bidding as would
have the effect of eliminating competition or a competitor..
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SECTION-5: PRE-BID CONFERENCE
5.1 The official representatives of the Bidders are invited to attend a Pre-Bid meeting which will
take place on the date mentioned in Clause 1.3. The location of the meeting shall be specidied in
the website. A maximum of two representatives of each Bidder shall be allowed to participate on
production of authority letter from the Bidder.
5.2 During the course of Pre-Bid conference, the Bidders will be free to seek clarifications and make
suggestions for consideration of the Authority. The Authority shall endeavor to provide
clarifications and such further information including addendum as it may, in its sole discretion,
consider appropriate for facilitating a fair, transparent and competitive Bidding Process.
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SECTION-6: MISCELLANEOUS
6.1 The Bidding Process shall be governed by, and construed in accordance with, the laws of India and
the Courts within the original jurisdiction of the High Court at Kolkata shall have exclusive
jurisdiction over all disputes arising under, pursuant to and/ or in connection with the Bidding
Process.
6.2 DOT, in its sole discretion and without incurring any obligation or liability, reserves the right, at
any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement the Bidding
Process or modify the dates or other terms and conditions relating thereto;
(b) consult with any Bidder in order to receive clarification or further information;
(c) pre-qualify or not to pre-qualify any Bidder and/ or to consult with any Bidder in order to
receive clarification or further information;
(d) retain any information and/ or evidence submitted to DOT by, on behalf of, and/ or in relation
to any Bidder; and/ or
(e) 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.
6.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases DOT, 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 herewith and waives any and all rights and/ or claims it may have in this respect,
whether actual or contingent, whether present or future.
6.4 Words and Phrases not defined in this RFP shall have the meaning as prescribed thereto in the
Concession Agreement.
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Annexure I: Letter Comprising the Bid
Ref. Date:
To,
________
Dear Sir,
Being duly authorized to represent and act on behalf of _________________ (hereinafter referred as the
"Bidder"), and having reviewed and fully understood all of the qualification requirements and information
provided, the undersigned hereby expresses its interest and apply for qualification and bidding for
undertaking “_________________________” (‘Project’).
We are enclosing our Bid, in conformity with the terms of the RFP, and furnishing the details as per the
requirements of the Bid Document, for your evaluation.
The undersigned hereby also declares that the statements made and the information provided in the Bid is
complete, true and correct in every detail.
We confirm that the application is valid for a period of 120 days from the due date of submission of
application and is unconditional.
We hereby also confirm the following:
1. The Bid is being submitted by M/s _______[…] (name of the Bidder-, in accordance with the
conditions stipulated in the RFP.
2. We have examined in detail and have understood the terms and conditions stipulated in the RFP
Document issued by DOT (hereinafter referred as the “Authority”) and in any subsequent
communication sent by Authority.
3. 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 or in any of the subsequent communications from
Authority)
4. The information submitted in our Bid is complete, is strictly as per the requirements stipulated in the
RFP, and is correct to the best of our knowledge and understanding. We would be solely responsible
for any errors or omissions in our Bid.
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5. We confirm that we have studied the provisions of the relevant Indian laws and regulations required to
enable us to prepare and submit this Bid for undertaking the Project, in the event that we are selected
as the Preferred Bidder.
6. We certify that in the last three years, we have neither failed to perform on any contract, as evidenced
by imposition of a penalty by an arbitration tribunal or a judicial authority or judicial pronouncement
or arbitration award, nor been expelled from any project or contract by any public authority nor have
had any contract terminated by any public authority for breach on our part.
7. I/ We declare that:
a. I/ We have examined and have no reservations to the Bidding Documents, including any
Addendum issued by the Authority; and
b. I/ We do not have any conflict of interest in accordance with the RFP document; and
c. I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as
defined in the RFP document, in respect of any tender or request for Bid issued by or any
agreement entered into with the Authority or any other public sector enterprise or any government,
Central or State; and
8. I hereby certify that we have taken steps to ensure that in conformity with the provisions of the RFP,
no person acting for us or on our behalf has engaged or will engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice;
9. I/ We understand that you may cancel the Bidding Process at any time and that you are neither bound
to accept any Bid that you may receive nor to invite the Bidders to Bid for the Project, without
incurring any liability to the Bidders
10. I further certify that in regard to matters relating to security and integrity of the country, we, have not
been convicted by any Court of Law or indicted or adverse orders passed by the regulatory authority
which could cast a doubt on our ability to undertake the Project or which relates to a grave offence that
outrages the moral sense of community.
11. I further certify that in regards to matters relating to security and integrity of the country, we have not
been charge-sheeted by any agency of the Government or convicted by the Court of Law.
12. I further certify that no investigation by a regulatory authority is pending either against us or against
our Associates or against our CEO or any of our Directors/ Managers/ employees.
13. I hereby irrevocably waive any right which we may have at any stage at law or howsoever otherwise
arising to challenge or question any decision taken by the Authority in connection with the selection of
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the Bidders, or in connection with the Bidding Process itself, in respect of the above mentioned Project
and the terms and implementation thereof.
14. In the event of me being declared as the Preferred Bidder, I agree to incorporate a wholly owned
company under the Companies Act, 1956 as a Concessionaire, which shall enter into a Concession
Agreement with the Authority in accordance with the draft that has been provided to me prior to the
Bid Due Date. We agree not to seek any changes in the aforesaid draft and agree to abide by the same.
15. I have studied all the Bidding Documents carefully and also surveyed the project details. We
understand that except to the extent as expressly set forth in the Concession Agreement, we shall have
no claim, right or title arising out of any documents or information provided to us by the Authority or
in respect of any matter arising out of or concerning or relating to the Bidding Process including the
award of Authorization.
16. The Upfront Concession Fee has been quoted by me/ after taking into consideration all the terms and
conditions stated in the RFP, Concession Agreement, our own estimates of costs and after a careful
assessment of the identified locations of the proposed project, development guidelines, goals and
objectives of the project and all the conditions that may affect the Bid.
17. I agree and understand that the Bid is subject to the provisions of the Bidding Documents. In no case, I
shall have any claim or right of whatsoever nature if the Project /Concession is not awarded to me or
our Bid is not opened or rejected
18. I agree and undertake to abide by all the terms and conditions of the RFP document which interalia
includes payment of Upfront Concession Fee and Project Development Fees and furnishing of the
Performance Security to the Authority in the manner provided in respect thereof in the RFP.
19. We confirm that all the terms and conditions of the Bid are firm and valid for acceptance for a period
of 120 days from the Bid Due Date.
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20. I agree and undertake to abide by all the terms and conditions of the RFP document. In witness thereof,
I submit this Bid under and in accordance with the terms of the RFP document.
Thanking You,
Yours Sincerely,
For and on behalf of : (name of the Bidder and the Company Seal)
Signature : (Authorised Representative & Signatory)
Name of the Person :
Designation :
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Annexure II: Checklist of Submissions
Sl
No
Enclosures to the Technical & Price Bid
Status
(Submitted/Not
Submitted)
Comments, if any
1 Covering Letter
2 Details of Bidder
3 Technical Capacity (Experience) of the
bidder
4 Turnover & Net worth (Financial Capacity)
of the bidder
5 Statement of Legal Capacity
6 Power of Attorney for signing of Bid
7 Bid Security
8 Information regarding litigation, débardent,
arbitration, etc.
9 Bid document along with addendum duly
signed by Authorised signatory and
stamped.
10 Income Tax Return for the last three years
11 VAT Registration Certificate
12 Pan Card
13 VAT/Sales Tax Clearance
14 In case financial strength is being used of
the Associates than Board Resolution and
Letter of Undertaking
15 Price Bid Letter and submissions in line
with the RFP requirements
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Annexure III: Details of Bidder
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any, in India:
(d) Date of incorporation and/ or commencement of business:
2 Brief description of the Bidder including details of its main lines of business:
3 Details of individual(s) who will serve as the point of contact/ communication for DOT:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:
4. Particulars of the Authorized Signatory of the Bidder:
(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
5. A statement by the Bidder disclosing material non-performance or contractual non-compliance in
past projects, contractual disputes and litigation/ arbitration in the recent past are given below
(Attach extra sheets, if necessary):
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.
Annexure IV: Experience (Technical Capacity) of Bidder
(Refer Clause 2.2.4 (a))
PART A: Project Components: Budget Eco Resort /Star Eco Resort
A. Details of work pertaining to Eligible Projects executed by the Developer/ Contractor
Name of the Hotel Number of
Rooms
Category of
Hotel*
Year of
Construction
Bidder is doing
Operation Since
* Category of Hotel: General/ one star/ two star/ three star/ four star/ five star and above
B. The Bidder has to provide certificate from the respective authority for each of the project mentioned
in the above table covering the following information
Name of Bidder
Item Particulars of the Project
Details of the Hotels
Owned By
Affiliation of Hotel, if any (ITDC/ State Tourism etc)
Year of Construction
Location
Number of Employees
Facilities Available
Whether run by Bidders independently or jointly with
some other company
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In case of joint operation, shareholding of the Bidder
in the JV/ Company
C. The Bidder has to provide following certificates to prove their Qualification Statement:
a. Statutory Auditor Confirming that the Bidder is engaged in operation of the said hotel (for
which the experience is being shown by the Bidder) of ---rooms for the last … years.
Statutory Auditor to also confirm the shareholding of the Bidder in the entity operating the
hotel
b. Copy of Certificate of Classification issued by Department of Tourism
c. Certificate of enlistment/ license from Concerned Municipality / Municipal Corporation to
show that the establishment (for which the experience is being shown by the Bidder) is
registered as a hotel,
OR
d. Certificate / licence from concerned police Department authorizing the running of a hotel.
OR
e. Clearance Certificate from Municipal Health Officer / Sanitary Inspector giving clearance to
establishment from sanitary /hygienic point of view.
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PART B: Project Components: Hospitality Training Institute
A. Details of work pertaining to Eligible Projects executed by the Developer/ Contractor
Name of the Project Number of
Department
No of Students in
Each Department
Year of
Construction
Bidder is doing
Operation Since
B. The Bidder has to provide certificate from the respective authority for each of the project mentioned
in the above table covering the following information
Name of Bidder
Item Particulars of the Project
Details of the Projects
Owned By
Affiliation of Project
Year of Construction
Location
Number of Employees
Facilities Available
Whether run by Bidders independently or jointly with
some other company
In case of joint operation, shareholding of the Bidder
in the JV/ Company
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C. The Bidder has to provide following certificates to prove their Qualification Statement:
a. Statutory Auditor Confirming that the Bidder is engaged in operation of the said project (for
which the experience is being shown by the Bidder) for the last … years. Statutory Auditor to
also confirm the shareholding of the Bidder in the entity operating the projects
b. Copy of Certificate of Classification issued by Concerned Department of State Government or
any Statutory Authority.
c. Certificate of enlistment / license from Concerned Municipality / Municipal Corporation to
show that the establishment (for which the experience is being shown by the Bidder) is
registered as a Hospitality Training Institute,
OR
d. Certificate / licence from concerned Department authorizing the running of a Hospitality
Training Institute
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Annexure V: Financial Capacity of the Bidder
(refer Clause 2.2.4 (b)
(In Rs. crore)
Sl.
No. Applicant Type
Net worth
(Rs. In Cr)
Annual Turnover for preceding three
Financial Years
(Rs. In Cr)
FY 2014 FY 2014 FY 2013 FY 2012
1. Single Entity Applicant
2. (a) LEAD Member
2.(b) Consortium Member
Certificate from the Statutory Auditor
This is to certify that ....................(name of the Applicant) has a Net Worth and Annual turnover as
shown above.
Name of Authorized Signatory:
Designation:
Name of firm:
(Signature of the Authorized Signatory)
Seal of the Firm
Instructions:
1. The Bidder shall attach copies of the balance sheets, financial statements and Annual Reports for 3
(three) years preceding the Bid Due Date. The financial statements shall:
a) reflect the financial situation of the Bidder and its Associates where the Bidder is relying on
its Associate’s financials;
b) be audited by a statutory auditor;
c) be complete, including all notes to the financial statements; and
d) correspond to accounting periods already completed and audited (no statements for partial
periods shall be requested or accepted).
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Annexure VI: Statement of Legal Capacity
(To be forwarded on the letterhead of the Bidder/ Lead Member of Consortium
Ref. Date:
To,
_____________
Sub: Bid for “__________________________________________________________________”
Dear Sir,
We hereby confirm that we satisfy the terms and conditions laid out in the RFP document.
We have agreed that ______________ (insert individual’s name) will act as our representative and has
been duly authorized to submit the RFP. Further, the authorized signatory is vested with requisite powers
to furnish such letter and authenticate the same.
Thanking you,
Yours faithfully,
For and on behalf of
Authorized signatory
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Annexure VII: Power of Attorney for signing of Application
(Refer Clause 2.1.5)
Know all men by these presents, We___________________________________ (name of the firm and
address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr./ Ms
(name), __________________ son/daughter/wife of __________________________and presently residing
at __________________, who is [presently employed with us and holding the position of
_________________________], as our true and lawful attorney (hereinafter referred to as the “Attorney”)
to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in
connection with or incidental to submission of our Bid for the ***** Project[s] proposed or being
developed by the ***** (the “Authority”) including but not limited to signing and submission of all
applications, bids and other documents and writings, participate in Pre-Applications and other conferences
and providing information/ responses to DOT, representing us in all matters before DOT, signing and
execution of all contracts including the Concession Agreement and undertakings consequent to acceptance
of our bid, and generally dealing with DOT in all matters in connection with or relating to or arising out of
our bid for the said Project and/ or upon award thereof to us and/or till the entering into of the Concession
Agreement with DOT.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things
lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in
exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.
IN WITNESS WHEREOF WE,____________________, THE ABOVE NAMED PRINCIPAL HAVE
EXECUTED THIS POWER OF ATTORNEY ON THIS ____ DAY OF ________, 20**
For ---------------------------
(Signature)
(Name, Title and Address)
Witnesses:
1 1. [Notarized]
2 Accepted
(Signature)
(Name, Title and Address of the Attorney)
Notes:
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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.
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 favor of the person executing
this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.
For a Power of Attorney executed and issued overseas, the document will also have to be legalized
by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being
issued.
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Annexure VIII: Litigation History
Refer Clause 2.2.5
(To be provided by the Bidder)
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Annexure IX: Site Map
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Annexure X: Project Master Plan
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Annexure XI: Development Guidelines
1.1 Guidelines for the Proposed Project
1) Integrated Development: Proposed Project should be developed as an integrated development
by using eco friendly construction materials and energy efficient structures. Use of Green
Building technology is encouraged. Efficient infrastructure should be planned which takes
care of comfortable staying of high end guests concurrently without compromising on the
environment friendly and cost effectiveness.
2) Buffer Zone: In order to protect and for the purpose of providing transition to the resort area a
buffer zone of 3m (within mandatory set back space as per Bye Laws) should be provided.
Buffer zone is also introduced to separate activities that have negative effects on sensitive Eco
Park areas and mitigate them. This zone should be fully landscaped using plants indigenous to
the region. The use of dense planting is to be encouraged to shield the site from negative
features like Vehicular noise , View of high rise sky line etc.
3) Carrying Capacity: The development should be restricted to maximum plot coverage of 40%.
Though this coverage will exclude all hard paving surfaces, it is suggested to restrict the hard
paving area to the extent possible. Maximum FAR to be 1.5.
4) Materials and Colors of the Structures: It is encouraged to use materials easily available in the
region for construction of various structures showcasing vernacular construction skills and use
of local expertise in construction and craftsmanship. Non contextual use of steel, metal and
structural glazing is discouraged. The design of the buildings should be earthquake resistant.
5) Interior: All proposed buildings should incorporate local architectural elements. Whenever,
possible traditional patterns, designs and motifs should be incorporated in interior design. This
does not exclude the use of modern design and decor that does not clash with traditional ethnic
styles with preferred use of local material.
6) Activities: Ethnic food court, cottages and suites interpreting the cultural heritage and
traditional way of living of Bengal is preferred. Recreation activities within the resort like
gyms, spas, traditional sports and games of Bengal etc should be encouraged.
7) The emphasis should be on eco activities and non noise generating activities, as any type of
noise will eventually destroy the peace, tranquility and the very essence of the purpose of eco
resort.
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8) Urban Design and Signage: All components of the Resorts should be planned in a particular
theme that is reciprocating in nature. No structure should present non contextual view and
create confusion in the mind of visitors. Architectural and socio cultural heritage of the Bengal
in general may be used as cross cutting theme for the development.
9) Proper signage to be used which is in accord with the overall development and self guiding to
a first timer to the resort.
10) Infrastructure
a. Water Supply: The resort should have an adequate, safe and hygienic water supply at an
internationally expected quality and quantity recommended for eco hotels . National
Building Code (NBC) Guidelines should be followed for minimum water supply
requirements. Bulk Piped water supply shall be arranged by the Competent Authority to be
used for potable purpose. In no case ground water shall be used for any purpose within the
site except during the construction stage with due approval from the Competent Authority.
b. Internal Roads: Use of Black top for internal roads should be avoided to the maximum
extent. Thermal radiation from paved surfaces should be reduced through use of hedges on
both sides of pathways. Canopy trees for parking spaces to provide shading and hedges to
screen unwanted views. Paver blocks should be used for pathways.
c. Vehicular movement inside the resort area:. Battery operated and non motorized
vehicles should be promoted for internal vehicular movement.
d. Power Supply: The use of new and renewable energy source for power generation is
encouraged. The developers are encouraged to use solar power for, hot water, corridor
lighting, garden lighting and any other appropriate lighting.. All power cables should be
placed underground.
e. Air conditioning and HVAC: Innovative Planning techniques should be used to create a
pleasant habitable ambience within the resort area. Placing of building blocks allowing
cross ventilation and shadow for comfortable outdoor experience should be encouraged.
Use of water and vegetation should be used for passive cooling. Pre cooling and recycling
of pre conditioned air are some of the methods which reduce energy consumption of AC
plants.
f. Sewerage: The integrated resort should have its own sewerage treatment system, where
the waste water generated is treated and would be used for the washing purpose, air
conditioning and landscaping etc. Residual effluent after treatment can be used as manure.
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The process should comply with the CPHEEO manuals and other relevant Guidelines of
the State and Govt. of India.
g. Storm Water: Where possible surface water should be collected, purified and recycled
and reused for flushing and gardening etc. Rain water harvesting should be implemented
to arrest discharge of storm water in to city drains.
h. Solid Waste disposal: All waste generated at site shall be separated at source, recycled
and bio degradable waste shall be composted and reused as manure for landscaping
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Annexure XII: Board Resolution of the Associate Company
(In case the Bidder is using the Financial Strength of the Associate Company)
For an Entity as Bidder quoting on the financial strength of the Associate (Format for Board
Resolution from the Associate)
“RESOLVED THAT pursuant to the provisions of the Companies Act, 1956 and compliance thereof and
as permitted under the Memorandum and Articles of Association of the Company, approval of the Board
be and is hereby granted to [Insert the name of the Bidder ], for submission of bid to Design, Build, and
Operation of the __________________________________________________ whereby the Company
undertakes to take up the investment required for the Project Component as submitted by the
…………………………..(Name of the Bidder), in case of failure of …………………… (Name of the
Bidder) to make such investment.
“RESOLVED FURTHER THAT Mr. ………………., (Designation), of the (Name of associate
Company), is hereby authorized to issue the letter of undertaking ……………..on behalf of the Company.”
Notes:
1) This certified true copy should be submitted on the letterhead of the Company, signed by the
Company Secretary or any of the authorised Directors of the Company and the rubber stamp
for the Company shall be affixed.
2) The contents of the format should be suitably re-worded indicating the identity of the entity
passing the resolution i.e. the Bidding Company, each Member of the Bidding Consortium.
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Annexure XIII: Letter of Undertaking of the Associate Company
(In case the Bidder is using the Financial Strength of the Associate Company) To,
Sub: Bid for “____________________________________________________________”
Dear Sir,
We certify that [Insert Name of the Associate] is the Associate of the [Bidding Company] as per the
provisions of the bid document and that our ownership stake in the Bidding Company is……….. %. Our
Financials for the last three (3) years are indicated below
Parameter Rs. Crore Financial Years
Year-1 Year-2 Year-3
Net Worth
Annual Turnover
In view of the above, we hereby undertake to you and confirm that we will make the required investment
in the Project Facility for Upgradation, in case the bidding company/ Bidder fails to make such investment
required for the project
We have attached hereto certified true copy of the Board Resolution (Annexure XII) whereby the Board of
Directors of our Company has approved issue of this Undertaking by the Company.
Signature of Signature and Stamp of
Chief Executive Officer/Managing Director Statutory Auditor
(Please also affix common seal of Associate)
Date;
Note:
1. The above response sheet should be signed and certified as true by the Chief Executive
Officer/Managing Director being full time Director and Statutory Auditor of the Associate
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Annexure XIV: Price Bid (Financial Bid)
FINANCIAL/ PRICE BID LETTER & FORMAT FOR PRICE OFFER
To,
___________________
Sub: Financial Bid for “____________________________________________”
Dear Sir,
As a part of _____________________________________________, we hereby make the following
Financial Offer (Financial Bid) to ___________________ for a Concession Period of 32 (Thirty two) years
.
We quote Rupees ___________________________________________ (in words) towards Upfront Fee.
We confirm that we shall abide by all the conditions of the Bid including payment of the Upfront
Concession Fee, Annual Concession Fee and the Project Development Fees as stipulated in the Bid
Document. The minimum investment committed by us for the project is
___________________________________________and the minimum components to be implemented by
us as a part of this project shall not be lower than that specified in Project Information Memorandum,
provided as part of this RFP.
We agree to bind by this offer if we are selected as the preferred bidder.
FOR AND ON BEHALF OF ___________________
SIGNATURE ___________________
NAME ___________________
DESIGNATION ___________________
COMPANY SEAL COMPANY ___________________
DATE ___________________
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Annexure XV: Not Used
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Annexure XVI: Consortium Documents
Power of Attorney for Lead Member of Consortium
Whereas the Department of Tourism, Government of West Bengal (the “Authority”) has invited bids from
for the Gajoldona Tourism Hub (the “Project”).
Whereas, ………………….., ……………………….. and ………………………. (collectively the
“Consortium”) being Members of the Consortium are interested in bidding for the Project in accordance
with the terms and conditions of the Request for Proposal and other connected documents in respect of the
Project, and
Whereas, it is necessary for the Members of the Consortium to designate one of them as the Lead 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 and its execution.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS
We, ……………… having our registered office at …………………, M/s. ……………………, having our
registered office at …………………, and M/s. …………………, having our registered office at
………………, (hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate,
nominate, constitute, appoint and authorise M/s …………………, having its registered office at
………………………, being one of the Members of the Consortium, as the Lead Member and true and
lawful attorney of the Consortium (hereinafter referred to as the “Attorney”) and hereby irrevocably
authorise the Attorney (with power to subdelegate) to conduct all business for and on behalf of the
Consortium and any one of us during the bidding process and, in the event the Consortium is awarded the
Concession Agreement, during the execution of the Project, and in this regard, to do on our behalf and on
behalf of the Consortium, all or any of such acts, deeds or things as are necessary or required or incidental
to the submission of its bid for the Project, including but not limited to signing and submission of all
applications, bids and other documents and writings, accept the Letter of Award, participate in bidders’ and
other conferences, respond to queries, submit information/ documents, sign and execute contracts and
undertakings consequent to acceptance of the bid of the Consortium and generally to represent the
Consortium in all its dealings with the Authority, and/ or any other Government Agency or any person, in
all matters in connection with or relating to or arising out of the Consortium’s bid for the Project and/ or
upon award thereof till Concession Agreement is entered into with the Authority.
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AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done
or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this
Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers
hereby conferred shall and shall always be deemed to have been done by us/ Consortium.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS
POWER OF ATTORNEY ON THIS ……………… DAY OF ………….., 20.…
For ……………………...
(Signature, Name & Title)
For …………...................
(Signature, Name & Title)
For ………………………
(Signature, Name & Title)
(Executants)
(To be executed by all the Members of the Consortium)
Witnesses:
1
2
Notes:
� 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.
� Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders resolution/ power of attorney in favour of the
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person executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.
� For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being
issued. However, the Power of Attorney provided by Bidders from countries that have signed the Hague
Legislation Convention, 1961 are not required to be legalised by the Indian Embassy if it carries a
conforming Appostille certificate.
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Joint Bidding Agreement
(To be executed on Stamp paper of appropriate value as applicable in the state of execution)
THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of ………, 20....…
AMONGST
1. {………… Limited, a company incorporated under the Companies Act, 1956} and having its
registered office at ………… (hereinafter referred to as the “First Part” which expression shall, unless
repugnant to the context include its successors and permitted assigns)
AND
2. {………… Limited, a company incorporated under the Companies Act, 1956} and having its
registered office at ………… (hereinafter referred to as the “Second Part” which expression shall, unless
repugnant to the context include its successors and permitted assigns)
The above mentioned parties of the FIRST and SECOND PART are collectively referred to as the
“Parties” and each is individually referred to as a “Party”
WHEREAS
(A) Department of Tourism, Government of West Bengal (hereinafter referred to as the “Authority”
which expression shall, unless repugnant to the context or meaning thereof, include its administrators,
successors and assigns) has invited bids (the Bids”) by its Request for Proposal No. ____dated ________,
2012 (“RFP”) for pre-qualification and short-listing of bidders for development and operation/
maintenance of a Tourism Hub at Gajoldoba (the “Project”) through public private partnership.
(B) The Parties are interested in jointly bidding for the Project as members of a Consortium and in
accordance with the terms and conditions of the RFP document and other bid documents in respect of the
Project, and
(C) It is a necessary condition under the RFP document that the members of the Consortium shall enter
into a Joint Bidding Agreement and furnish a copy thereof with the Application.
NOW IT IS HEREBY AGREED as follows:
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1. Definitions and Interpretations
In this Agreement, the capitalised terms shall, unless the context otherwise requires, have the
meaning ascribed thereto under the RFP.
2. Consortium
The Parties do hereby irrevocably constitute a consortium (the “Consortium”) for the purposes of
jointly participating in the Bidding Process for the Project.
The Parties hereby undertake to participate in the Bidding Process only through this Consortium
and not individually and/ or through any other consortium constituted for this Project, either
directly or indirectly or through any of their Associates.
3. Covenants
The Parties hereby undertake that in the event the Consortium is declared the selected Bidder and
awarded the Project, it shall incorporate a special purpose vehicle (the “SPV”) under the Indian
Companies Act, 1956 for entering into a Concession Agreement with the Authority and for
performing all its obligations as the Lessee in terms of the Concession Agreement for the Project.
4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as described below:
a) Party of the First Part shall be the Lead member of the Consortium and shall have the power of
attorney from all Parties for conducting all business for and on behalf of the Consortium during the
Bidding Process and until the Appointed Date under the Concession Agreement when all the
obligations of the SPV shall become effective;
b) Party of the Second Part shall be {the Technical Member of the Consortium;}
5. Joint and Several Liabilities
The Parties do hereby undertake to be jointly and severally responsible for all obligations and
liabilities relating to the Project and in accordance with the terms of the RFP and the Concession
Agreement.
6. Shareholding in the SPV
6.1 The Parties agree that the proportion of shareholding among the Parties in the SPV shall be as
follows:
First Party:
Second Party:
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6.2 The Parties undertake that they shall comply with all equity lock-in requirements set forth in the
Concession Agreement.
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organised, validly existing and in good standing under the laws of its
incorporation and has all requisite power and authority to enter into this Agreement;
(b) The execution, delivery and performance by such Party of this Agreement has been authorised by all
necessary and appropriate corporate or governmental action and a copy of the extract of the charter
documents and board resolution/ power of attorney in favour of the person executing this Agreement
for the delegation of power and authority to execute this Agreement on behalf of the Consortium
Member is annexed to this Agreement, and will not, to the best of its knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having applicability to it;
(iii) violate the memorandum and articles of association, by-laws or other applicable
organisational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or other governmental
authorisation, approval, judgment, order or decree or any mortgage agreement, indenture or any other
instrument to which such Party is a party or by which such Party or any of its properties or assets are
bound or that is otherwise applicable to such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security interests, charges or
Encumbrances or obligations to create a lien, charge, pledge, security interest, encumbrances or mortgage
in or on the property of such Party, except for encumbrances that would not, individually or in the
aggregate, have a material adverse effect on the financial condition or prospects or business of such Party
so as to prevent such Party from fulfilling its obligations under this Agreement;
(c) this Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and
(d) there is no litigation pending or, to the best of such Party’s knowledge, threatened to
which it or any of its Affiliates is a party that presently affects or which would have a material adverse
effect on the financial condition or prospects or business of such Party in the fulfillment of its obligations
under this Agreement.
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8. Termination
This Agreement shall be effective from the date hereof and shall continue in full force and effect
until compliance with of all the obligation of the preferred bidder as per the concession agreement.
9. Miscellaneous
9.1 This Joint Bidding Agreement shall be governed by laws of {India}.
9.2 The Parties acknowledge and accept that this Agreement shall not be amended by the Parties
without the prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED
THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED
For and on behalf of LEAD MEMBER by: For and on behalf of SECOND PART by:
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
In the presence of:
1. 2.
Notes:
1 The mode of the execution of the Joint Bidding Agreement 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.
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2 Each Joint Bidding Agreement should attach a copy of the extract of the charter documents and
documents such as resolution / power of attorney in favour of the person executing this Agreement for the
delegation of power and authority to execute this Agreement on behalf of the Consortium Member.
For a Joint Bidding Agreement executed and issued overseas, the document shall be legalised by the
Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been executed.
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Annexure XVII: Bank Guarantee For Performance Security
(To be executed on a Non-Judicial Stamp Paper of appropriate value)
Date: …………….
To:
The Director
Tourism Department
Government of West Bengal
2, Brabourne Road, 4th Floor
Kolkata-700001
WHEREAS:
A. The Department of Tourism, Government of West Bengal (hereinafter referred to as “DOT/
Concessioning Authority”) represented by its Director, Tourism Department, through its Letter of
Intent No. _________________________dated _________________(hereinafter referred to as the
“LOI”) awarded the project for development of “Development of Tourism Hub at Gajoldoba” on
Design, Engineering, Finance, Construction, Operation and Maintenance and Transfer ( DBFOT)
Model (hereinafter referred to as the “The Project”) to M/s__________________, having its
Registered Office at _______________ (hereinafter referred to as “Concessionaire”); and
B. In terms of the provisions of the LOI, M/s _________________ is required to sign the Concession
Agreement as SPV with the DOT and is required to furnish to DOT, Performance Guarantee for a
sum of Rs._______________________/-(Rupees _____________________ only) for the due and
faithful performance of its obligations, under and in accordance with the Concession Agreement,
during the Concession Period and 180 days thereafter. Accordingly M/s ___________________
having its registered office at _____________(hereinafter referred as the Concessionaire) shall be
signing the Concession Agreement with the DOT.
C. At the request of the Concessionaire, we, __________________ (name of the Bank with address of
its registered office) through our Branch at _______________________ (branch name and
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address) ________________(the “Bank”) have agreed to furnish this Bank Guarantee for
Rs.___________________(Rupees_________________only) towards the Performance Security.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms
as follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful performance of
the Concessionaire’s obligations during the Concession Period, under and in accordance with the
Concession Agreement, and agrees and undertakes to pay to the “DOT”, upon its mere first written
demand, and without any demur, reservation, recourse, contest or protest, and without any
reference to the Concessionaire, such sum or sums upto the full amount of the Bank Guarantee as
the “DOT” shall claim, without the “DOT” being required to prove or to show grounds or reasons
for its demand and/or for the sum specified therein.
2. This Bank Guarantee, is for an amount of Rs. ____________________(Rupees
____________________________________ only).
3. A letter from the “DOT”, under the hand of an Officer not below the rank of Director to the “DOT”
or any other duly Authorised Officer in this regard, that the Concessionaire has committed default
in the due and faithful performance of all or any of its obligations under and in accordance with the
Concession Agreement shall be conclusive, final and binding on the Bank. The Bank further agrees
that the “DOT” shall be the sole judge as to whether the Concessionaire is in default in due and
faithful performance of its obligations during the Concession Period under the Concession
Agreement and its decision that the Concessionaire is in default shall be final, and binding on the
Bank, notwithstanding any differences between the “DOT” and the Concessionaire, or any dispute
between them pending before any court, tribunal, arbitrator or any other authority or body, or by
the discharge of the Concessionaire for any reason whatsoever.
4. In order to give effect to this Bank Guarantee, the “DOT” shall be entitled to act as if the Bank
were the principal debtor and any change in the constitution of the Concessionaire and/or the Bank,
whether by their absorption with any other body or corporation or otherwise, shall not in any way
or manner affect the liability or obligation of the Bank under this Bank Guarantee.
5. It shall not be necessary, and the Bank hereby waives any necessity, for the “DOT” to proceed
against the Concessionaire before presenting to the Bank its demand under this Bank Guarantee.
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6. The “DOT” shall have the liberty, without affecting in any manner the liability of the Bank under
this Bank Guarantee, to vary at any time, the terms and conditions of the Concession Agreement or
to extend the time or period for the compliance with, fulfillment and/or performance of all or any
of the obligations of the Concessionaire contained in the Concession Agreement or to postpone for
any time, and from time to time, any of the rights and powers exercisable by the “DOT” against the
Concessionaire, and either to enforce or forbear from enforcing any of the terms and conditions
contained in the Concession Agreement and/or the securities available to the “DOT”, and the Bank
shall not be released from its liability and obligation under these presents by any exercise by the
“DOT” of the liberty with reference to the matters aforesaid or by reason of time being given to the
Concessionaire or any other forbearance, indulgence, act or omission on the part of the “DOT” or
of any other matter or thing whatsoever which under any law relating to sureties and guarantors
would but for this provision have the effect of releasing the Bank from its liability and obligation
under this Bank Guarantee and the Bank hereby waives all of its rights under any such law.
7. This Bank Guarantee is in addition to and not in substitution of any other guarantee or security now
or which may hereafter be held by the “DOT” in respect of or relating to the Concession
Agreement or for the fulfillment, compliance and/or performance of all or any of the obligations of
the Concessionaire under the Concession Agreement.
8. The liability of the Bank under this Bank Guarantee is restricted to the amount of the Guarantee
given in paragraph 2 above and this Bank Guarantee shall remain in force for the period specified
in paragraph 9 below and unless a demand or claim in writing is made by the “DOT” on the Bank
under this Bank Guarantee, not later than 6 (six) months from the date of expiry of this Bank
Guarantee, all rights of the “DOT” under this Bank Guarantee shall be forfeited and the Bank shall
be relieved from its liabilities hereunder.
9. The Performance Security shall come into force with effect from the date of signing of the
Concession Agreement. The Bank Guarantee will be available and valid for the entire Concession
Period and 180 days thereafter. To ensure this, initially the Bank Guarantee is being issued so as to
remain valid upto ____________________with the provision that the Bank Guarantee shall be
renewed from time to time for specified period at the request of the Concessionaire in writing two
weeks before the date of expiry of the Bank Guarantee failing which the DOT shall be entitled to
exercise its rights under the Bank Guarantee as provided hereinabove in clause no. 10. The Bank
undertakes not to revoke this Bank Guarantee during its currency, , and declares that it has the
power to issue this Bank Guarantee and the signatories hereto have full powers to do so on behalf
of the Bank.
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10. Any notice by DOT by way of request, demand or otherwise hereunder may be sent by registered
post / speed post / courier service /e mail / fax, to the bank addressed as aforesaid and / or by
personal messenger and shall deemed to have been given at the time when delivered from DOT.
“NOTWITHSTANDING anything contained hereinabove:
a. Our liability under this Bank Guarantee shall not exceed Rs. ____________________(Rupees
_____________________only).
b. This Bank Guarantee shall be valid upto _________ and
c. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee, only if
we receive (served upon us by you) a written claim or demand on or before ______________and
after the expiry of said date, this Bank Guarantee shall automatically stand cancelled
notwithstanding that the original Bank Guarantee may not be returned to us by you.
Signed and sealed this ……………..day of ……………., 2012 at …………….
SIGNED, SEALED AND DELIVERED
For and on behalf of the BANK by:
(Signature)
(Name) (Designation)
(Address)
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Annexure XVIII: Guidelines of the Department of Disinvestment
Guidelines of the Department of Disinvestment
No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi.
Dated 13th
July, 2001.
OFFICE MEMORANDUM
Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector Enterprises
through the process of disinvestment
Government has examined the issue of framing comprehensive and transparent guidelines
defining the criteria for bidders interested in PSE-disinvestment so that the parties selected through
competitive bidding could inspire public confidence. Earlier, criteria like net worth, experience etc. used to
be prescribed. Based on experience and in consultation with concerned departments, Government has
decided to prescribe the following additional criteria for the qualification/ disqualification of the parties
seeking to acquire stakes in public sector enterprises through disinvestment:
a. In regard to matters other than the security and integrity of the country, any conviction by a Court
of Law or indictment/ adverse order by a regulatory authority that casts a doubt on the ability of
the bidder to manage the public sector unit when it is disinvested, or which relates to a grave
offence would constitute disqualification. Grave offence is defined to be of such a nature that it
outrages the moral sense of the community. The decision in regard to the nature of the offence
would be taken on case to case basis after considering the facts of the case and relevant legal
principles, by the Government of India
b. In regard to matters relating to the security and integrity of the country, any charge sheet by an
agency of the Government/ conviction by a Court of Law for an offence committed by the bidding
party or by any sister concern of the bidding party would result in disqualification. The decision in
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regard to the relationship between the sister concerns would be taken, based on the relevant facts
and after examining whether the two concerns are substantially controlled by the same person/
persons.
c. In both (a) and (b), disqualification shall continue for a period that Government deems appropriate.
d. Any entity, which is disqualified from participating in the disinvestment process, would not be
allowed to remain associated with it or get associated merely because it has preferred an appeal
against the order based on which it has been disqualified. The mere pendency of appeal will have
no effect on the disqualification.
e. The disqualification criteria would come into effect immediately and would apply to all bidders for
various disinvestment transactions, which have not been completed as yet.
f. Before disqualifying a concern, a Show Cause Notice why it should not be disqualified would be
issued to it and it would be given an opportunity to explain its position.
g. Henceforth, these criteria will be prescribed in the advertisements seeking Expression of Interest
(EOI) from the interested parties. The interested parties would be required to provide the
information on the above criteria, along with their Expressions of Interest (EOI). The bidders shall
be required to provide with their EOI an undertaking to the effect that no investigation by a
regulatory authority is pending against them. In case any investigation is pending against the
concern or its sister concern or against its CEO or any of its Directors/ Managers/ employees, full
details of such investigation including the name of the investigating agency, the charge/ offence
for which the investigation has been launched, name and designation of persons against whom the
investigation has been launched and other relevant information should be disclosed, to the
satisfaction of the Government. For other criteria also, a similar undertaking shall be obtained
along with EOI.
sd/
(A.K. Tewari) Under
Secretary to the Government of India