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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

TOURISM CORPORATION OF GUJARAT LIMITED


(A GOVERNMENT OF GUJARAT UNDERTAKING)
Block No. 16, 4th Floor, Udyog Bhavan, Sector 11, Gandhinagar, Gujarat - 382011
Phone: +91-79-2322002, 23977200, 23222523 Fax: 91-79-23977201
Website: http://www.gujarattourism.com/latest_from_gujarat/tenders

VOLUME I RFQ CUM RFP

MARCH, 2016

For

Development of Exhibition and


Convention Centre at Vadodara

On

Design, Build & Operate (DBO) Mode

Gujarat Tourism Opportunity Limited (GUJTOP)


605-606, Haveli Arcade, Sector – 11, Gandhinagar
Gujarat - 382 011
Ph: (079) 66720021, Website: www.gujtop.com
RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

Table of Contents

DISCLAIMER ....................................................................................................................... 1
GLOSSARY ......................................................................................................................... 4
1. INTRODUCTION .................................................................................................... 5
1.1 Background ........................................................................................................................... 5
1.2 Brief description of Bidding Process ............................................................................... 15
1.3 Schedule of Bidding Process ........................................................................................... 17
2. INSTRUCTION TO BIDDERS .............................................................................. 18
A. GENERAL ........................................................................................................................... 18
2.1 Scope of Bid ........................................................................................................................ 18
2.2 Eligibility of Bidders ............................................................................................................ 18
2.3 Pre-Qualification Criteria & Proposal ............................................................................... 20
2.4 Technical Proposal ............................................................................................................. 26
2.5 Payment to be made by the Preferred Bidder / Concessionaire ................................. 27
2.6 Change in composition of the Joint Venture and Ownership ....................................... 28
2.7 Number of Bids and costs thereof .................................................................................... 29
2.8 Site and verification of information ................................................................................... 29
2.9 Right to accept or reject any or all Bids ........................................................................... 30
B. DOCUMENTS ..................................................................................................................... 32
2.10 Contents of the RFQ cum RFP ........................................................................................ 32
2.11 Clarifications ........................................................................................................................ 32
2.12 Amendment of RFQ cum RFP ......................................................................................... 33
C. PREPARATION AND SUBMISSION OF BID .............................................................. 34
2.13 Language ............................................................................................................................. 34
2.14 Format and signing of Bid ................................................................................................. 34
2.15 Sealing and Marking of Bids ............................................................................................ 34
2.16 Bid Due Date ....................................................................................................................... 36
2.17 Late Bids .............................................................................................................................. 36
2.18 Modifications/ substitution/ withdrawal of Bids ............................................................. 37
D. EVALUATION PROCESS................................................................................................ 38
2.19 Opening and Evaluation of Bids ...................................................................................... 38
2.20 Confidentiality ..................................................................................................................... 39
2.21 Tests of responsiveness ................................................................................................... 39
2.22 Clarifications ........................................................................................................................ 40
RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

E. QUALIFICATION AND BIDDING ................................................................................... 41


2.23 Short-listing and notification ............................................................................................. 41
2.24 Opening of Price Bids ........................................................................................................ 41
2.25 Proprietary data .................................................................................................................. 41
2.26 Correspondence with the Bidder ..................................................................................... 41
2.27 Other conditions ................................................................................................................. 41
F. BID SECURITY .................................................................................................................. 43
2.28 Bid Security .......................................................................................................................... 43
3. CRITERIA FOR EVALUATION OF BIDS ............................................................ 45
3.1 Evaluation parameters for Qualification Stage ............................................................. 45
3.2 Technical Capacity for purposes of evaluation ............................................................. 45
3.3 Details of Experience ......................................................................................................... 47
3.4 Financial information for purposes of evaluation .......................................................... 47
3.5 Technical Evaluation Stage .............................................................................................. 48
3.6 Price Bid Stage.................................................................................................................... 49
3.7 Final Marking under QCBS: .............................................................................................. 50
3.8 Contacts during Bid Evaluation ........................................................................................ 52
4. FRAUD AND CORRUPT PRACTICES ............................................................... 53
5. PRE-BID CONFERENCE ....................................................................................... 55
6. MISCELLANEOUS .............................................................................................. 56
APPENDIX ........................................................................................................................................ 60
APPENDIX I Letter Comprising the Application for Bid .......................................................... 61
ANNEX-I to Appendix I Details of Bidder .................................................................................. 67
ANNEX-II to Appendix I Technical Capacity of the Bidder @ ................................................. 70
ANNEX-III to Appendix I Financial Capacity of the Bidder .................................................... 74
Financial Data ................................................................................................................................. 76
ANNEX-IV to Appendix I Details of Eligible Projects ................................................................ 78
ANNEX-V to Appendix I Statement of Legal Capacity ............................................................ 82
APPENDIX II Power of Attorney for signing of Bid .................................................................. 83
APPENDIX III Power of Attorney for Lead Member of Joint Venture ................................... 85
APPENDIX IV Bank Guarantee for Bid Security....................................................................... 88
APPENDIX V Joint Bidding Agreement ...................................................................................... 91
APPENDIX VI Master Plan of Project Components in the area admeasuring about 8
hectares (19.76 acres) .................................................................................................................. 96
RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

APPENDIX VII Term Sheet of Project Components ................................................................. 97


APPENDIX VIII Implementation Schedule of Project Components ....................................... 98
APPENDIX IX Operation and Maintenance Plan of Project Components ............................ 99
APPENDIX X Environment Management Plan of Project Components .............................. 100
Appendix XI Sample Format for Price Bid ................................................................................ 101
APPENDIX XII Guidelines of the Department of Disinvestment ........................................... 102
APPENDIX XIII Brief Project Profile .......................................................................................... 104
Appendix XIV General Development Guidelines .................................................................... 110
RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

DISCLAIMER

The information contained in this Request for Qualification cum Request for
Proposal document (the “RFQ cum RFP”) or subsequently provided to Bidder(s),
whether verbally or in documentary or any other form, by or on behalf of
Tourism Corporation of Gujarat Limited (the “Authority”) or any of their
employees or advisors, is provided to Bidder(s) on the terms and conditions set
out in this RFQ cum RFP and such other terms and conditions subject to which
such information is provided.

This RFQ cum RFP is not an agreement and is neither an offer nor invitation by
the Authority to the prospective bidder(s) (the “Bidder”) or any other person. The
purpose of this RFQ cum RFP is to provide prospective bidder(s) with information
that may be useful to them in the formulation of their Technical and Price Bids for
qualification and selection of Preferred Bidder pursuant to this RFQ cum RFP. This
RFQ cum RFP includes statements, which reflect various assumptions and
assessments arrived at by the Authority and/or its consultant in relation to the
Project. Such assumptions, assessments and statements do not purport to
contain all the information that each Bidder may require. This RFQ cum RFP
may not be appropriate for all persons, and it is not possible for the Authority, its
employees or advisors to consider the investment objectives, financial situation
and particular needs of each party who reads or uses this RFQ cum RFP. The
assumptions, assessments, statements, data and information contained in this
RFQ cum RFP or to be furnished later, by the Authority and/or any of its consultant
are, only indicative and for the sole purpose of making information available to
prospective bidder(s) that may be useful to them in the formulation of their Bid.
Such assumptions, assessments, statements, data and information may not be
complete, accurate, adequate or correct. Each Bidder should therefore, before
placing reliance on aforesaid assumptions, assessments, statements, data and
information [furnished in this RFQ cum RFP or under any of Reports etc. referred
to herein, by the Authority and/or any of its consultant] 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 RFQ cum RFP and obtain
independent advice from appropriate sources. For avoidance of doubt, in case
Bidder places reliance on any aforesaid assumptions, assessments, statements,
data and information [furnished by the Authority and/or its consultant, in this RFQ
cum RFP or under any of reports etc. referred to herein], then the same shall not
in any manner bind/make liable the Authority and/or its consultant, to indemnify the
Bidder in respect of any loss/damage/costs whatsoever arising out of or in
connection with such reliance placed by the Bidder on the aforesaid assumptions,
assessments, statements, data and information.

Information provided in this RFQ cum 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 a complete or authoritative statement of law. The Authority
accepts no responsibility for the accuracy or otherwise for any interpretation
or opinion on law expressed herein.

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

The Authority, 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 RFQ cum
RFP or otherwise, including the accuracy, adequacy, correctness, completeness
or reliability of the RFQ cum RFP and any assessment, assumption, statement
or information contained therein or deemed to form part of this RFQ cum RFP or
arising in any way in the Bidding Process.

The Authority also accepts 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 RFQ cum RFP.

The Authority may, in its absolute discretion but without being under any
obligation to do so, update, amend or supplement the information, assessment or
assumptions contained in this RFQ cum RFP.

The issue of this RFQ cum RFP does not imply that the Authority is bound to
select and short-list Pre-Qualified Bids for Bid Stage or to appoint the
Preferred Bidder or Concessionaire, as the case may be, for the Project and the
Authority reserves the right to reject all or any of the Bids or Bids without
assigning any reasons whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation
and submission of its Bid including but not limited to preparation, copying,
postage, delivery fees, expenses associated with any demonstrations or
presentations which may be required by the Authority or any other costs
incurred in connection with or relating to its Bid. All such costs and expenses will
remain with the Bidder and the Authority shall not be liable in any manner
whatsoever for the same or for any other costs or other expenses incurred by
an Bidder in preparation or submission of the Bid, regardless of the conduct or
outcome of the Bidding Process.

Nothing in this RFQ cum 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.

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 Authority or to any other person in a position to influence the
decision of the Authority for showing any favour in relation to this RFQ cum RFP or
any other contract, shall render the Bidder to such liability/penalty as the Authority
may deem proper, including but not limited to rejection of the Bid of the Bidder and
forfeiture of its Bid Security.

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

Laws of the Republic of India are applicable to this RFQ cum RFP.
Each Bidder’s procurement of this RFQ cum RFP constitutes its agreement to, and
acceptance of, the terms set forth in this Disclaimer. By acceptance of this RFQ
cum RFP, the recipient agrees that this RFQ cum RFP and any information
herewith supersedes document(s) or earlier information, if any, in relation to the
subject matter hereto.

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

GLOSSARY
Authority As defined in Clause 1.1.1
Annual Premium As defined in Clause 1.1.1
Bank Guarantee As defined in Clause 2.28
BID(s) As defined in Clause 1.1.2
Bidders As defined in Clause 1.2.1
Bidding Documents As defined in Clause 1.1.8
Bid Due Date As defined in Clause 1.1.8
Bidding Process As defined in Clause 1.2.1
Bid Security As defined in Clause 1.2.4
Price Bid Stage As defined in Clause 1.2.1
Price Bid As defined in Clause 1.2.6
Construction Period As defined in Clause 1.2.6
Concessionaire As defined in Clause 1.1.3
Conflict of Interest As defined in Clause 2.2.1(c)
Eligible Experience As defined in Clause 3.2
Eligible Project As defined in Clause 3.2
Concession Agreement As defined in Clause 1.1.3
& Clause 1.1.6
Estimated Project Cost As defined in Clause 1.1.5
Experience Score As defined in Clause 3.2.5
Financial Capacity As defined in Clause 2.3.1 (B)
Government Government of Gujarat
Jt. Bidding Document As defined in Clause 2.3.5 (g)
Joint Venture As defined in Clause 2.2.1 (a)
Lead Member As defined in Clause 2.3.5 (c)
LOA As defined in Clause 3.7.6
Highest Bidder As defined in Clause 1.2.7
Member Member of a Joint Venture
Net Worth As defined in Clause 2.3.1 (B)
Pre-Qualification or PQ As defined in Clause 1.2.1
Pre-Qualification Stage or PQ Stage As defined in Clause 1.2.1
Project As defined in Clause 1.1.1
Re. or Rs. or INR Indian Rupee
RFQ cum RFP or Request for Qualification
cum Request for Proposal As defined in the Disclaimer
Preferred Bidder As defined in Clause 1.1.2
Scheduled Completion Date As defined in Clause 1.1.1
Technical Capacity As defined in Clause 2.3.1 (A)
Threshold Technical Capacity As defined in Clause 2.3.1 (A)
QCBS As defined in Clause 1.1.1
Technical Proposal / Technical Bid As defined in Clause 2.4
Financial Score As defined in Clause 3.6
The words and expressions beginning with capital letters and defined in this document shall,
unless repugnant to the context, have the meaning ascribed thereto herein.

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

1. INTRODUCTION
1.1 Background

1.1.1 The Tourism Department, Government of Gujarat through Tourism


Corporation of Gujarat Limited (TCGL) (the “Authority”) Government of
Gujarat undertaking, incorporated under Indian Companies Act, 1956, is
engaged in the development of Tourism facilities in the State of Gujarat and
as a part of this endeavour, the Authority has decided to undertake
development of Exhibition and Convention Centre along with support
infrastructure (like parking, etc.) incidental to the use of the proposed
components at site spread over an area of 8 ha (19.76 acres) located at
Village Harni, Vadodara, Gujarat. The Authority proposes to develop the same
on Design, Build and Operate (the “DBO”) model by providing support as
under:
 Government Funds to construct the Exhibition and Convention Centre
along with support infrastructure (like parking, etc.) incidental to the use of
the proposed components.
 Applicable incentives / concessions / assistance under Tourism Policy for
the State of Gujarat (2015-2020) except incentive under the Capital
Subsidy component.

Pursuant to the same the Authority has decided to undertake “Development


of Exhibition and Convention Centre with allied facilities at Village Harni,
Vadodara in the State of Gujarat” (the “Project”) with Government Funds
through the Design, Build and Operate (the “DBO”) contract and has
decided to carry out the bidding process for selection of the Preferred Bidder
to whom the Project may be awarded. A Preferred Bidder shall be selected
under Quality and Cost-Based Selection (“QCBS”) and as per the
procedures described in this RFQ cum RFP.

Gujarat Tourism Opportunity Limited (“GUJTOP”) has been appointed as


consultant by Authority for Project conceptualization, development,
structuring, bid process management and assisting in final selection of the
Bidder for the Project.

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

Bid Summary and Brief particulars of the Project:

S No Key Information Details


1. Project Title Development of Exhibition and Convention Centre
with allied facilities at Village Harni, Vadodara in the
State of Gujarat
2. Location Total area of site earmarked for the development of
Exhibition and Convention Centre is approximately 8
ha (19.76 Acres) and bears Survey No. 587/A. The
topography of site appears to slope towards south.
The site abuts NH-8 (Connects Vadodara to Mumbai
via Surat and Delhi through Ahmedabad) with a site
frontage of about 300 m. It has high degree of
visibility from approach road. The site is located
adjacent to Vadodara airport. Vadodara Railway
Station (on Delhi – Mumbai Rail Link) is located within
10 km from site.
3. Proposed area
8 ha (19.76 Acres)
for development
4. Land Ownership CoT
5. Authority Tourism Corporation of Gujarat Limited (TCGL)
6. Minimum i) Three indoor exhibition halls of minimum 5000
Development sq.m. of exhibition area each
Obligations / ii) Conference Hall - 2000 pax
Essential iii) Conference Hall - 1000 pax
Facilities iv) Auditorium – 2000 pax
v) Open Art Gallery – 5000 sq. m.
vi) Open lawn – 5000 sq. m.
vii) Other facilities including Admin building, security
office and registration counter, utility building, food
court, drivers’ rest room, etc.
viii)Area for Parking, Internal Roads & support
infrastructure
Any other facility in addition to facilities listed above
which are incidental to the use of the Exhibition and
Conventional Facility
7. Optional  Any other development with the prior written
Facilities approval of TCGL
8. Special  The land shall not be used for the purpose other
Conditions than tourism related activities and development
 Clearance from AAI as part of the site falls under
Air Funnel Zone, if applicable, need to be obtained
by the Preferred Bidder / Concessionaire on its
own. TCGL will provide all non-financial

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

assistance to the Preferred Bidder /


Concessionaire in addressing any regulatory
issues and in getting approvals from AAI or any
other Government Agency.
 Free usage of the Exhibition and Convention
Centre to be provided by the Concessionaire to
the GoG or its nominated agencies to carry out
State Level functions / events for maximum period
of 51 days in every year as per clause 6.5.
Further, this 51 days shall be provided in every
financial year as follows:
 Maximum total period of 21 (twenty one) days
from October to March
 Maximum total period of 30 (thirty) days from
April to September

9. Estimated
Rs. 80,00,00,000 (Rupees Eighty Crores only)
Project Cost
10. Institutional Special Purpose Company (SPC) under the
Structure for Companies Act, 1956 / 2013.
Implementation Even, in case of a single firm being the ’Preferred
Bidder’, SPC formation would be mandatory.
11. Concession Design, Engineer, Procure, Construct, Operate,
Format Maintain and Transfer
12. Construction 15 (Fifteen) months
Period for
Minimum The above stated time line shall become applicable
Development from the date of signing of Concession Agreement.
Obligations
13. Concession 26 years 3 months (including Construction
Period Period) from the date of signing of Concession
Agreement, unless terminated earlier).
Construction Period for Minimum Development
Obligations has been kept for 15 (Fifteen) months. In
the event that completion of Project construction does
not occur on or before a period of fifteen months from
the signing of Concession Agreement (“Scheduled
Completion Date”) for any reasons attributable to
Concessionaire, the Authority shall be entitled to
recover liquidated damages from the Concessionaire
at the rate of Rs. 7.50 lakhs (Rupees seven lakhs and
fifty thousand only) per day for each day of delay
subject to a maximum of Rs. 4.50 crores (Rupees

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

four crores and fifty lakhs only) for a delay of 60 days.


14. Bid Submissions  Outer Envelope
o Envelope I: PQ Bid
o Envelope II: Technical Bid
 Price Bid: to be submitted online
15. Bid Security A Bidder is required to deposit, along with its Bid, a
Bid Security of Rs. 80,00,000 (Rupees Eighty
Lakhs only), equivalent to 1% of the Estimated
Project Cost (the “Bid Security”). The Bidders will
have to provide Bid Security in the form of a Bank
Guarantee as per format at Appendix IV of this RFQ
cum RFP, which can be invoked at any of the Bank’s
branch located at Gandhinagar. The validity period of
the Bank Guarantee, shall not be less than 180 (one
hundred and eighty) days from the Bid Due Date,
inclusive of a claim period of 60 (sixty) days, and may
be extended as may be mutually agreed between the
Authority and the Bidder from time to time.
An additional Demand Draft of Rs. 5,000 (Rupees
Five Thousand only) will have to be provided towards
RFQ cum RFP Fee (downloaded from
website.www.gujarattourism.com/latest_from_gujarat/
tenders, www.nprocure.com), in favour of “Tourism
Corporation of Gujarat Ltd.” payable at Gandhinagar.
16. Eligibility Criteria Technical Eligibility Criteria: Threshold Technical
for the bidder Capacity: The Bidder shall, over the past 5 (five)
financial years preceding the Bid Due Date, have
received payments for

a) Eligible Project(s), as specified in clause 3.2.1,


such that the sum total thereof is at least equal
to the Estimated Project Cost.
Provided that at least one work of 50% of
Estimated Project Cost shall have been executed in
any one year during the last five audited financial
years from the Eligible Projects in Category 1 & 2
specified below:
Category 1: Project experience on Eligible
Projects in Hospitality Sector (Hotels, Convention
Facility, Exhibition Facility)
(and/or)
Category 2: Construction experience on
Eligible Projects in Hospitality Sector (Hotels,
Convention Facility, Exhibition Facility)

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

AND

b) Eligible Project(s) under Category 3 & 4 given


below, as specified in clause 3.2.2, such that the
sum total thereof is at least equal to the
Estimated Project Cost.
Category 3: Experience of organising an
exhibition / event
(and/or)
Category 4: Experience of organising a
convention

Financial Eligibility Criteria:


(i) Net Worth: The Bidder shall have minimum Net
Worth of at least Rs. 5.00 crores at the close of
audited financial year immediately preceding the
Bid Due Date.
(ii) Working Capital: The Bidder shall have minimum
working capital (Net Cash Flow) equivalent to at
least 10% of Estimated Project Cost at the close
of audited financial year immediately preceding the
Bid Due Date.
(iii) Profitability: The Bidder shall be required to have
positive “Profit before Tax” during the last 2
(two) audited financial years immediately
preceding the Bid Due Date.

Other Eligibility Criteria:


Bidders shall be qualified only if their available bid
capacity is more than the Estimated Project Cost (as
per clause 3.6.3 (B)). The available bid capacity will
be calculated as per following, based on information
mentioned at Annexure-II of Appendix-I:
Assessed Available Bid capacity = (A*N*2 – B)
Where
A= Maximum value of civil engineering works in
respect of EPC Projects executed in any one
year during the last five years (updated to the
price level of the year as indicated) taking into
account the completed as well as works in
progress. The EPC projects include turnkey
project/ Item rate contract/ Construction works.

N= 1.25 (Number of years prescribed for

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

Construction of Exhibition and Convention Centre


along with support infrastructure)

B= Value (updated to the price level of the year


indicated in table under clause 2.3.1 (C)) of existing
commitments and on-going works to be completed
during the next fifteen (15) months (period of
Construction of Exhibition and Convention Centre
along with support infrastructure)

17. Price Bid Bidder will be required to quote the following amounts:
A. Annual Premium, as quoted and offered by the
Bidder
B. Upfront Amount, as quoted and demanded by
the Bidder for Project construction
18. Annual Premium It is the yearly premium to be paid by the Preferred
Bidder / Concessionaire to the Authority in respect of
the Concession offered by the Authority to the
Concessionaire in terms of this RFQ cum RFP and
Concession Agreement. The amount quoted by the
Bidder and accepted by the Authority, shall be
escalated by 15% (fifteen percent) every three years
on compounding basis and shall become payable
annually for entire Concession Period of 26 years 3
months starting from Commercial Operation Date as
defined in the Draft Concession Agreement. The
Annual Premium shall be paid in advance every year.
In addition, Taxes as applicable shall also be payable
by the Preferred Bidder/Concessionaire.
19. Selection Method QCBS
20. Selection Maximum ‘Combined Score’ as per clause 3.7.
Parameter
21. Technical As per applicable Bureau of Indian Standards Codes
Specifications and other Indian & International Standards and
practices.
22. Payments to be 1) Project Development Fee: The Preferred Bidder
made by the shall be required to make payments as set out
Preferred Bidder below on or before the signing of Concession
Agreement:

a. To the Authority an amount equivalent to Rs.


80,00,000 [Rupees Eighty Lakhs only] [i.e. an
amount equal to 1.00% of Estimated Project Cost

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

(Rs. 80.00 crore)] plus applicable service tax and


other similar levies/duties towards Success Fee by
way of a Demand Draft drawn on any nationalized
or scheduled bank in India in favour of ‘Tourism
Corporation of Gujarat Limited’ and payable at
Gandhinagar, Gujarat.

b. To GUJTOP an amount equivalent to Rs.


1,35,00,000 [Rupees One Crore and Thirty Five
Lakhs only] plus applicable service tax and other
similar levies/duties towards Project Development
Expenses (including the premium calculated as per
PLR of SBI prevailing during the financial year) by
way of a Demand Draft drawn on any nationalized
or scheduled bank in India in favour of ‘Gujarat
Tourism Opportunity Limited’ and payable at
Gandhinagar, Gujarat.

2) Annual Premium: The Preferred Bidder shall,


effective from the CoD and during the Concession
Period pay Annual Premium in advance to TCGL
in the manner as described above. The Annual
Premium as quoted by the Bidder shall be
escalated by 15% (fifteen percent) every three
years on compounding basis and shall be payable
for entire Concession Period of 26 years 3
months starting from Commercial Operation Date
as defined in the Draft Concession Agreement.

3) Annual License Fee: The Preferred Bidder shall,


effective from the date of signing of Land Lease
Agreement (Land Lease Deed) and during the
Concession Period, shall pay Annual License Fee
to TCGL. The Annual License Fee for the Project
site is Re. 1.00 (Rupee One only) per sq.m. Taxes
as applicable shall also be payable by the
Preferred Bidder.

4) Other Statutory Payments in Accordance with


the Law: The Preferred Bidder shall pay to
Service Charges and other statutory levies and
any other charges, cess, duties as leviable under
any applicable law.

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

23. Construction The Preferred Bidder shall within 30 (Thirty) days from
Performance the date of Letter of Award (on or before the signing
Security of Concession Agreement) provide a Construction
Performance Security of Rs. 4,00,00,000 (Rupees
Four Crores only) (5% of Estimated Project Cost) to
TCGL as per the Draft Concession Agreement.
Further, 2.5% of every payment (payment by
Authority to Concessionaire for Project construction)
shall be deducted from bills and shall be retained till
the completion of Project construction.
24. Bid Validity 120 Days from the Bid Due Date.
25. Signing of The Preferred Bidder would be issued a Letter of
Concession Award (LoA), inviting to sign the Concession
Agreement Agreement on fulfilling conditions precedent.
The Preferred Bidder shall return a duplicate copy of
Letter of Award (LoA) as issued by TCGL, duly
signed by Authorized Signatory within 7 (seven) days
from the date of issue of LoA.
Within 30 days from the date of issue of LoA, the
Preferred Bidder shall sign the Concession
Agreement with TCGL, provided that the payments
including Construction Performance Security and
Project Development Fee as defined earlier have
been made by Preferred Bidder. The period of 30
days has been provided to the Preferred Bidder so
that it can incorporate the SPC as per the terms of
the RFQ cum RFP document and does such other
acts as are required prior to the signing of
Concession Agreement.
After signing of Concession Agreement, the
unencumbered possession of the Project site shall be
handed over to the Concessionaire by the Authority
on the same day.
26. Responsibilities i. Submit a detailed master plan along with working
of the Preferred drawings within stipulated time.
Bidder / ii. Procure required clearances for commencing and
Concessionaire implementing the Project.
iii. Achieve Financial Closure for the Project
including mobilizing of debt and equity.
iv. Develop and implement all the common
infrastructure and facilities earmarked for the
Project.
v. Maintain and improve the Project facilities over

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time to provide the desired levels of service to the


users.
vi. Fulfill all other terms & conditions set forth in
bidding documents during the Concession Period.
27. Operation The Concessionaire shall for due and punctual
Performance performance of obligations during the Operations
Security Period, furnish an irrevocable and unconditional Bank
Guarantee (as per format placed in Draft Concession
Agreement) from Nationalized/Scheduled Bank
having a branch at Gandhinagar, Gujarat, for an
amount of Rs. 1,60,00,000 (Rupees One Crore and
Sixty Lakhs only) from the Commercial Operations
Date in advance on year to year basis. The amount
for the Bank Guarantee shall be escalated by 15% on
compounding basis every three years throughout the
Concession Period.
28. Penalty for In the event that Completion of Project construction
delayed does not occur on or before a period of fifteen
completion of months from the signing of Concession Agreement
construction (“Scheduled Completion Date”) for any reasons
attributable to Concessionaire, the Authority shall be
entitled to recover liquidated damages from the
Concessionaire at the rate of Rs. 7.50 lakhs (Rupees
seven lakhs and fifty thousand only) per day for each
day of delay subject to a maximum of Rs. 4.50
crores (Rupees four crores and fifty lakhs only) for a
delay of 60 days.
For any delay beyond 60 days, the Authority shall
have the right to terminate the Agreement in
accordance with the provisions of RFQ cum RFP.

1.1.2 In order to identify and select an entity for award of the Project, the
Authority intends to carry out a single-stage competitive & integrated
bidding process comprising of two envelopes containing Pre-Qualification,
Technical Bid (as described in clause 2.15) and Price Bid (to be uploaded
only on nprocure), (hereinafter collectively referred to as “Bid”). The
evaluation of the Bids would be carried out in three (3) mutually distinct and
sequential stages.
 The first stage would be the Pre-Qualification stage which would
involve a test for responsiveness based on qualification criteria set forth
herein. In this stage, the information provided by the Bidders on their
technical capacity and financial capacity for undertaking the Project
would be evaluated. Based on this stage, only those Bids that meet the

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technical capacity and financial capacity as set out in this RFQ cum
RFP for the Project would be shortlisted / qualified and their Technical
Bids would be evaluated.
 Technical proposal, as submitted by Bidders, would be evaluated (as
per clause 3) at this stage.
 Price Bid of upto 6 top Bidders, shortlisted after technical evaluation
would be opened for identification and selection of the Bidder. The
financial scores of the Price Bids will be computed as indicated in the
clause 3. Proposals will be ranked as per QCBS according to their
combined technical and financial scores using weightage ratio of 50:50
(weight given to the Technical Proposal = 50%; weight given to the
Price Bid = 50%) as indicated in the clause 3. The Bidder achieving the
highest combined score (technical and financial score) shall be the
Bidder to whom the Project, subject to the terms of this RFQ cum RFP,
be awarded (the “Preferred Bidder”).

1.1.3 The Preferred Bidder (the “Concessionaire”) shall be responsible for


undertaking design, engineering, procurement, construction (on DBO basis)
and O&M of the Project under and in accordance with the provisions of an
engineering, procurement and construction contract (the “Concession
Agreement”) to be entered between the Concessionaire and the Authority in
the form provided by the Authority as part of the bidding documents pursuant
hereto. The Concessionaire shall also be responsible for Operation and
Maintenance of the Project facilities during the complete Concession Period.

1.1.4 The scope of work will broadly include designing, engineering, procurement
and construction of Exhibition and Convention Centre with allied facilities like
conference hall, board / meeting rooms, auditorium, open art gallery, parking,
support infrastructure etc.; and maintenance of the Project during the entire
Concession Period of 26 years 3 months including Construction Period (15
months) as more particularly set out in terms of the Concession Agreement,
till the expiry of Concession Period.

1.1.5 The estimated cost of the Project (the “Estimated Project Cost”) has been
specified in clause 1.1.1 bid summary above. The assessment of actual
costs, however, will have to be made by the Bidders.

1.1.6 The Concession Agreement sets forth the detailed terms and conditions for
award of the Project to the Concessionaire including the scope of the
Concessionaire’s services and obligations.

1.1.7 The statements and explanations contained in this RFQ cum RFP are
intended to provide a proper understanding to the Bidders about the subject

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

matter of this RFQ cum RFP and should not be construed or interpreted as
limiting in any way or 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
work to be awarded pursuant to this RFQ cum RFP or the terms thereof or
herein contained. Consequently, any omissions, conflicts or contradictions in
the Bidding Documents including this RFQ cum 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 Authority.

1.1.8 The Authority shall receive Bids pursuant to this RFQ cum RFP in
accordance with the terms set forth in this RFQ cum RFP and other
documents to be provided by the Authority pursuant to this RFQ cum RFP
as modified, altered, amended and clarified from time to time by the
Authority (collectively the “Bidding Documents”), and all Bids shall be
prepared and submitted in accordance with such terms on or before the
Bid due date specified in clause 1.3 for submission of Bids (the “Bid Due
Date”).

1.2 Brief description of Bidding Process

1.2.1 The Authority has adopted a single-stage two-envelope system along


with online submission of the Price Bid (collectively referred to as the
"Bidding Process") for selection of the Bidder for award of the Project. The
pre-qualification stage (the "PQ Stage") of the Bidding Process involves
pre-qualification (the “PQ”) of prospective bidder(s) in accordance with the
provisions of this RFQ cum RFP (the "Bidders") which expression shall,
unless repugnant to the context, include the members of the Bidder bidding
as joint venture of entities. At the end of this stage, the Authority shall
shortlist pre-qualified Bidders fulfilling the qualification criteria; who shall be
eligible for evaluation of their technical bids. Upto 6 top Bidders
shortlisted after the Technical evaluation stage shall be eligible for
evaluation of their Price Bids at the Price Bid stage of the Bidding Process
(the "Price Bid Stage") comprising the opening and evaluation of price Bid
(the “Price Bid”) as per clause 3 on QCBS basis.

[GOI has issued guidelines (see Appendix-XII of RFQ cum RFP) for
qualification of Bidders seeking to acquire stakes in any public sector
enterprise through the process of disinvestment. These guidelines shall apply
mutatis mutandis to this Bidding Process. The Authority shall be entitled to
disqualify a Bidder in accordance with the aforesaid guidelines at any stage of
the Bidding Process. Bidders must satisfy themselves that they are qualified
to Bid, and should give an undertaking to this effect in the form at Appendix-
I]

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

1.2.2 Intentionally left blank

1.2.3 The RFQ cum RFP document can be downloaded from


http://www.gujarattourism.com/latest_from_gujarat/tenders and
www.nprocure.com website.

The Bidding Documents also include the Draft Concession Agreement for the
Project prepared by the consultant of the Authority. Subject to the provision
hereof, the aforesaid document and any corrigenda and / or addenda issued
subsequent to this RFQ cum RFP Document, but before the Bid Due Date,
will be deemed to form part of the Bidding Documents.
The Bidders are mandatorily required to procure the Draft Concession
Agreement as indicated above before submission of their Bids.

The Bid shall be valid for a period of 120 days from the Bid Due Date as
specified in Clause 1.3 for submission of Bids. The validity of Bids may be
extended by mutual consent of the respective Bidders and the Authority.

1.2.4 A Bidder is required to deposit, along with its Bid, a bid security equivalent
to Rs. 80,00,000 (Rupees Eighty Lakhs) (the "Bid Security"), in form
of a bank guarantee issued by a nationalized bank or scheduled bank in
India in favour of the Authority in the format at Appendix- IV of this RFQ
cum RFP; having validity period of not be less than 180 (one hundred and
eighty) days from the Bid Due Date, inclusive of a claim period of 60
(sixty) days, and may be extended as may be mutually agreed between
the Authority and the Bidder from time to time. The Bid shall be summarily
rejected if it is not accompanied by the Bid Security. The Bid Security of the
Bidders shall be refundable not later than 60 days from the signing of
Concession Agreement.

1.2.5 During the Bid Stage, Bidders are invited to examine the Project in greater
detail, and to carry out, at their cost, such studies as may be required for
submitting their respective Bids for award of the implementation of the
Project.

1.2.6 Bids will be invited for the Project on the basis of the “Technical Bid” and
“Price Bid” as defined under clause 3.6.3. The total time allowed for
completion of construction under the Concession Agreement (the
“Construction Period”) and the O&M period (the "Operations period") shall
be pre-determined, and will be indicated in the Draft Concession Agreement
forming part of the Bidding Documents.

1.2.7 Generally, the Preferred Bidder shall be the “Highest Bidder” (H1). The
remaining Bidders shall be kept in reserve in accordance with the process

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specified in this RFQ cum RFP. The Second Highest Bidder (H2) may be
invited to match the Bid submitted by the Highest Bidder (H1) in case such
Highest Bidder withdraws or is not selected / considered for any reason. In the
event that none of the other Bidders match the Bid of the Highest Bidder, the
Authority may, in its discretion, invite fresh Bids from all Bidders or annul the
Bidding Process, as the case may be.

1.2.8 Further and other details of the process to be followed at the Bid Stage and
the terms thereof will be spelt out in the Bidding Documents.

1.2.9 Any queries or request for additional information concerning this RFQ cum
RFP shall be submitted in writing or by fax and e-mail to the officer designated
in clause 2.15.4 below. The envelopes / communications shall clearly bear the
following identification / title:

"Queries / Request for Additional Information: RFQ cum RFP for


Development of Exhibition and Convention Centre at Vadodara in the
State of Gujarat”

1.3 Schedule of Bidding Process

The Authority shall endeavour to adhere to the following schedule:

S. N. Event Description Date


Availability of Bid Documents at Website 05-03-2016
1 Last date for receiving queries 16-03-2016
2 Pre-Bid meeting 18-03-2016
3 Authority response to queries latest by 28-03-2016
Last date for downloading the Bid
4 25-04-2016
Document from website
5 Bid Due Date 25-04-2016 at 15:00 Hrs IST
Opening of Bid for PQ and Technical
6. 25-04-2016 at 15:30 Hrs IST
evaluation
7. Presentation by the PQ qualified Bidders To be intimated later
Announcement of short-listed Bidder for
8 To be intimated later
Price Bid stage
9 Opening of Price Bid To be intimated later
Within 15 days of opening of
10 Letter of Award (LOA)
Price Bid
11 Validity of Bid 120 days of Bid Due Date
12 Signing of Concession Agreement Within 30 days of Award of LOA

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2. INSTRUCTION TO BIDDERS

A. GENERAL

2.1 Scope of Bid

2.1.1 The Authority wishes to receive Bids in order to select experienced and
capable Bidders for the Project. The Technical Bids will be opened after
completing the evaluation of Pre-Qualification Bids. The Technical Bids of
only those bidders that pass the PQ Stage will be opened. The Price Bids for
the Technically shortlisted Bidders shall be subsequently evaluated as per
QCBS to select the Highest Bidder.

2.2 Eligibility of Bidders

2.2.1 For determining the eligibility of Bidders for their qualification hereunder, the
following shall apply:

(a) The Bidder may be a single entity or a group of entities (the “Joint
Venture”), coming together to implement the Project. However, no Bidder
applying individually or as a member of a consortium, as the case may be,
can be member of another Bidder. The term Bidder used herein would apply to
both, a single entity and a Joint Venture.

(b) A Bidder may be a natural person, private entity, government-owned entity or


any combination of them with a formal intent to enter into a joint bidding
agreement or under an existing agreement to form a Joint Venture. A Joint
Venture shall be eligible for consideration subject to the conditions set
out in Clause 2.2.1.

(c) 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. A Bidder shall be deemed to have a Conflict of
Interest that affects the Bidding Process, if:

(i) the Bidder, its member or Associates (or any constituent thereof) and
any other Bidder, its Member or any Associate thereof (or any
constituent thereof) have common controlling shareholders or other
ownership interest; provided that this disqualification shall not apply
in cases where the direct or indirect shareholding of a Bidder, its
member or an Associate thereof (or any shareholder thereof having a
shareholding of more than 5% (five per cent) of the paid up and
subscribed share capital of such Bidder, Member or Associate, as the
case may be) in the other Bidder, its Member or Associate is less than

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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
/ relevant section of Companies Act, 2013. For the purposes of this
clause 2.2.1 (c), 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% (twenty six per cent) of the
subscribed and paid up equity shareholding of such intermediary; or

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

(iii) such Bidder, or any Associate thereof receives or has received any
direct or indirect subsidy, grant, concessional loan or subordinated
debt from any other Bidder, or any Associate thereof or has provided
any such subsidy, grant, concessional loan or subordinated debt to
any other Bidder, its Member or any Associate thereof; or

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

(v) such Bidder, or any of its Joint Venture Member thereof has a
relationship with another Bidder, or any of its Joint Venture Member
thereof, directly or through common third party/parties, that puts
either or both of them in a position to have access to each others’
information about, or to influence the Bid of either or each other; or

(vi) such Bidder, or any Associate thereof has participated as a


consultant to the Authority in the preparation of any documents,
design or technical specifications of the Project.

(d) A Bidder shall be liable for disqualification if any legal, financial or technical
adviser of the Authority in relation to the Project is engaged by the Bidder, its
Member or any Associate thereof, as the case may be, in any manner for

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matters related to or incidental to the Project. For the avoidance of doubt,


this disqualification shall not apply where such adviser was engaged by the
Bidder, its Member or Associate in the past but its assignment expired or
was terminated 6 (six) months prior to the date of issue of this RFQ cum
RFP. Nor will this disqualification apply where such adviser is engaged after
a period of 3 (three) years from the date of commercial operation of the
Project.

Explanation:
In case a Bidder is a Joint venture, then the term Bidder as used in this
Clause 2.2.1, shall include each Member of such Joint Venture.

For purposes of this RFQ cum RFP, Associate means, in relation to the
Bidder/Joint Venture member, a person who controls, is controlled by, or is
under the common control with such Bidder/Joint Venture member (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.

2.3 Pre-Qualification Criteria & Proposal

2.3.1 To be eligible for pre-qualification and short-listing for evaluation of


Technical and Price Bid, a Bidder shall fulfill the following conditions of
eligibility:

(A) Threshold Technical Capacity: For demonstrating the technical capacity,


the Bidders shall, over the past 5 (five) audited financial years preceding the
Bid Due Date, have received payments for

i. Eligible Project(s), as specified in clause 3.2.1, such that the sum total
thereof is at least equal to the Estimated Project Cost.

Provided that at least one work of 50% of Estimated Project Cost shall
have been executed in any one year during the last five audited financial
years from the Eligible Projects in Category 1 (and/or) 2 specified below:
Category 1: Project experience on Eligible Projects in Hospitality
Sector (Hotels, Convention Facility, Exhibition Facility)
(and/or)
Category 2: Construction experience on Eligible Projects in
Hospitality Sector (Hotels, Convention Facility, Exhibition Facility)

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AND

ii. Eligible Project(s) under Category 3 (and/or) 4 given below, as specified in


clause 3.2.2, such that the sum total thereof is at least equal to the
Estimated Project Cost.
Category 3: Experience of organising an exhibition / event
(and/or)
Category 4: Experience of organising a convention

(B) Financial Capacity: For demonstrating the financial capacity, the Bidders
shall be required to have the minimum financial capabilities as set out below:

(i) Net Worth: The Bidder shall have minimum Net Worth equivalent to at
least Rs. 5.00 crores at the close of audited financial year immediately
preceding the Bid Due Date.

In case Bidder is a Joint Venture, the Lead Member shall fulfil minimum
50% of Net Worth criteria as given above.

(ii) Working Capital (Liquidity and Bankers References): The Bidder shall
have minimum working capital (Net Cash Flow) equivalent to at least 10%
of Estimated Project Cost as per clause 1.1.1 at the close of audited
financial year immediately preceding the Bid Due Date.

In case Bidder is a Joint Venture, the Lead Member shall fulfil minimum
50% of Working Capital criteria as given above.

(iii) Profitability: The Bidder shall be required to have positive “Profit


before Tax” [as per its audited books of accounts] during the last 2 (two)
financial years immediately preceding the Bid Due Date.

In case the Bidder is a Joint Venture, then the profitability of only Lead
Member of such Joint Venture shall be evaluated for the purpose of
eligibility under this sub-clause.

(C) Bidders who meet the minimum qualification criteria will be qualified only if
their available bid capacity is more than the Estimated Project Cost (as per
clause 3.6.3 (B)). The available bid capacity will be calculated as per
following, based on information mentioned at Annexure-II of Appendix-I:
Assessed Available Bid capacity = (A*N*2 – B) Where
A = Maximum value of civil engineering works in respect of EPC Projects
executed in any one year during the last five years (updated to the price
level of the year indicated in table below under note) taking into account the
completed as well as works in progress. The EPC projects include turnkey

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project/ Item rate contract/ Construction works.

N = 1.25 (Number of years prescribed for Construction of Exhibition and


Convention Centre along with support infrastructure)

B = Value (updated to the price level of the year indicated in table below
under note) of existing commitments and on-going works to be completed
during the next fifteen (15) months (period for construction of Exhibition and
Convention Centre along with support infrastructure).

Note: The statement showing the value of existing commitments and on-
going works as well as the stipulated period completion remaining for each
of the works listed should be countersigned by the Engineer in the charge,
not below the rank of an Executive Engineer or equivalent. The factor for the
year for updation to the price level is indicated as under:

S. No. Particulars Updation factor


1. Year-1 1.00
2. Year-2 1.05
3. Year-3 1.10
4. Year-4 1.15
5. Year-5 1.20

2.3.2 In case of a Joint Venture the threshold Technical Capacity and Financial
Capacity of all the members of Joint Venture would be taken into account for
satisfying the above conditions of eligibility. Further, Lead Member of such
Joint Venture shall be required to meet at least 50% of Technical and
Financial Capacity required as per clause 2.3.1 (A) & (B) and each of other
Joint Venture member shall meet at least 30% requirement of Technical and
Financial capacity as per clause 2.3.1 (A) & (B). For avoidance of doubt it
is further clarified that the Joint Venture must collectively and individually
satisfy the above qualification criteria.

2.3.3 The Bidders shall enclose with its PQ Bid, to be submitted as per the
format at Appendix-I, complete with its Annexure, the following:

(i) Certificate(s) from its statutory auditors or the concerned client(s) stating the
payments received or in case of a PPP project, the construction carried out by
itself, during the past 5 years, in respect of the Eligible Projects. In case a
particular job/ contract has been jointly executed by the Bidder (as part of a
Joint Venture), it should further support its claim for the payments received or
construction carried out by itself in PPP Projects as applicable the share in
work done for that particular job/ contract by producing certificate from its
statutory auditor or the client; and

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(ii) 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 2.3.1 (B) (i). For the purposes of this RFQ cum
RFP, net worth (the “Net Worth”) shall mean the sum of subscribed and
paid up equity and reserves from which shall be deducted the sum of
revaluation reserves, miscellaneous expenditure not written off and
reserves not available for distribution to equity shareholders.

2.3.4 The Bidder should submit a Power of Attorney as per the format at
Appendix-II, authorizing the signatory of the Bid to commit the Bidder. In
case of a Joint Venture, the members should submit a Power of Attorney in
favour of the Lead Member as per format at Appendix-III.

2.3.5 In case the Bidder is a Joint Venture, it shall comply with the following
additional requirements:

(a) Number of members (“Member”) in a joint venture shall not exceed 2 (two).

(b) subject to the provisions of clause (a) above, the Bid should contain
the information required for each member of the joint venture;

(c) Members of the Joint Venture shall nominate one member as the
lead member (the “Lead Member”). Lead Member shall meet at least 50%
requirement of Technical and Financial Capacity required as per clause
2.3.1 (A) & (B) hereof. The nomination(s) shall be supported by a Power of
Attorney, as per the format at Appendix-III, signed by all the other
members of the Joint Venture;

(d) the Bid should include a brief description of the roles and responsibilities
of individual members, particularly with reference to financial, technical and
other obligations;

(e) an individual Bidder cannot at the same time be member of a Joint Venture
applying for pre-qualification. Further, a member of a particular Bidder Joint
Venture cannot be member of any other Bidder Joint Venture applying for
qualification;

(f) members of the Joint Venture shall have entered into a binding Joint
Bidding Agreement, substantially in the form specified at Appendix-V (the
“Jt. Bidding Agreement”), for the purpose of submitting a Bid. The Jt.
Bidding Agreement, to be submitted along with the Bid, shall, inter alia:

(i) convey the commitment(s) of the Lead Member in accordance with


this RFQ cum RFP, in case the contract to undertake the Project is

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awarded to the Joint Venture;

(ii) clearly outline the proposed roles and responsibilities, if any, of


each member;

(iii) commit the approximate share of work to be undertaken by each


member of such Joint Venture;

(iv) include a statement to the effect that all members of the Joint
Venture shall be liable jointly and severally for all obligations of the
Concessionaire in relation to the Project until the completion of the
Project including obligations during the Operations Period is
achieved in accordance with the Concession Agreement;

(g) Except as provided under this RFQ cum RFP and the Bidding Documents,
there shall not be any amendment to the Jt. Bidding Agreement.

2.3.6 Any entity which has been barred by the Central / State Government, or any
entity controlled by it, from participating in any project, and the bar subsists
as on the date of Bid, would not be eligible to submit a Bid, either individually
or as member of a Joint Venture.

2.3.7 The Bidder including individual or any of its Joint Venture Members 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 including
individual or any of its Joint Venture Members, 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
including individual or any of its Joint Venture Members.

(i) Bidder including any Member may provide details of all their on-going
projects along with stage of litigation, if so, against the Authority /
Governments.

(ii) The Bidder including any member may also provide details of on-going
process of blacklisting if so, under any contract with Authority /
Government.

(iii) The Authority reserves the right to reject an otherwise eligible bidder on
the basis of the information provided under clause 2.2. The decision of
the Authority in this case shall be final.

2.3.8 The Technical Capacity and Net Worth of the Bidder / Members in case of

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Joint Venture shall be computed under clauses 2.3.1 (A) & (B) and 3.2.

2.3.9 The following conditions shall be adhered to while submitting a Bid:

(a) Bidders should attach clearly marked and referenced continuation sheets
in the event that the space provided in the prescribed forms in the
Annexes is insufficient. Alternatively, Bidders may format the prescribed
forms making due provision for incorporation of the requested information;

(b) Information supplied by a Bidder (or other constituent member if the


Bidder is a Joint Venture) must apply to the Bidder, Member or Associate
named in the Bid and not, unless specifically requested, to other
associated companies or firms. Invitation to submit Bids will be issued
only to Bidders whose identity and/ or constitution is identical to that at
qualification;

(c) in responding to the qualification submissions, Bidders should


demonstrate their capabilities in accordance with clause 3.1 below; and

(d) in case the Bidder is a Joint Venture, each Member should


substantially satisfy the qualification requirements to the extent specified
herein.

2.3.10 While Qualification is open to persons from any country, the following
provisions shall apply:

(a) Where, on the date of the Bid, not less than 15% (fifteen percent) of the
aggregate issued, subscribed and paid up equity share capital in a Bidder
or its Member is held by persons resident outside India or where a Bidder or
its Member is controlled by persons resident outside India; or

(b) if at any subsequent stage after the date of the Bid, there is an
acquisition of not less than 15% (fifteen percent) of the aggregate issued,
subscribed and paid up equity share capital or control, by persons resident
outside India, in or of the Bidder or its Members;

then the Qualification of such Bidder or in the event described in sub-clause


2.3.10 (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 Bidder.

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

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

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, 1997, or any substitute thereof, as in force on
the date of such acquisition.

The Bidder shall promptly inform the Authority of any change in


its shareholding, as above, and failure to do so shall render the Bidder
liable for disqualification from the Bidding Process.

2.3.11 Notwithstanding anything to the contrary contained herein, in the event that
the Bid Due Date falls within three months of the closing of the latest
financial year of a Bidder, it shall ignore such financial year for the purposes
of its Bid and furnish all its information and certification with reference to the
5 (five) years or 1 (one) year, as the case may be, preceding its latest
financial year. For the avoidance of doubt, financial year shall, for the
purposes of a Bid hereunder, mean the accounting year followed by the
Bidder in the course of its normal business.

2.4 Technical Proposal

2.4.1 The Technical Proposal, submitted as part of the Bid, would be a conceptual
master plan of various activities the Bidders would be proposing to
undertake the aforesaid assignment of developing Exhibition and
Convention Centre at Vadodara. Information to be furnished in the Technical
Proposal would include the following:

a) Master Plan of the Project area: It is the intention of TCGL to develop an


Exhibition and Convention Centre alongwith the support facilities incidental
to the use of the Project in the Project area so as to cater to the demand of
MICE tourism amongst foreign and domestic tourists along with the local
population. Keeping this objective in view, a Project Plan with an optimised
disposition of project facilities / products is recommended. The Project Plan
would involve all activities for development of the Project in an integrated
manner. A total of 8 ha (19.76 Acres) of land at Villages Harni, Vadodara is
to be planned as per the requirement mentioned in this RFP.
b) Product Term Sheet specifying complete product specifications
c) Masterplan of Public Facilities including their specifications
d) Implementation Plan of the Project
e) Operation & Maintenance Plan of each product
f) Environmental Management Plan
g) Credentials of Project team
h) Maps and Drawings: Following drawings shall be submitted along with the
Technical Proposal:

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 Master Plan and Land Use Plan for the Project area
 Plan for the disposition of proposed tourism & recreational facilities
The plans / area proposed for the Project shall be in total conformity
with Town Planning norms, Local / Applicable Building Bye-Laws and
other relevant guidelines.

2.4.2 The Bidder would be required to make a presentation at the time of


Technical Evaluation and shall be evaluated as per clause 3.

2.5 Payment to be made by the Preferred Bidder / Concessionaire

2.5.1 The Preferred Bidder would be required to make following payments in terms
hereof and more particularly the letter of award to be issued by the Authority in
terms hereof with regard to award of the Project to Preferred Bidder:
The Preferred Bidder shall be required to make payments in terms as set out
below on or before the signing of Concession Agreement:

a. The Preferred Bidder shall pay to the Authority an amount equivalent to


Rs. 80,00,000 [Rupees Eighty Lakhs only] [i.e. an amount equal to
1.00% of Estimated Project Cost (Rs. 80.00 crore) plus applicable service
tax and other similar levies/duties towards Success Fee by way of a
Demand Draft drawn on any nationalized or scheduled bank in India in
favour of ‘Tourism Corporation of Gujarat Limited’ and payable at
Gandhinagar, Gujarat. Taxes as applicable shall also be payable by the
Preferred Bidder.

b. The Preferred Bidder shall pay to GUJTOP an amount equivalent to


Rs. 1,35,00,000 [Rupees One Crore and Thirty Five Lakhs only] plus
applicable service tax and other similar levies/duties towards Project
Development Expenses (including the premium calculated as per PLR of
SBI prevailing during the financial year) by way of a Demand Draft drawn
on any nationalized or scheduled bank in India in favour of ‘Gujarat
Tourism Opportunity Limited’ and payable at Gandhinagar, Gujarat.
Taxes as applicable shall also be payable by the Preferred Bidder.

* For the purpose of this RFQ cum RFP the Estimated Project Cost
is Rs. 80.00 Crore.

2.5.2 The Concessionaire shall, effective from the Commercial Operations Date
and during the Concession Period pay Annual Premium in advance to TCGL
in the manner as described under clause 1.1.1. The Annual Premium as
quoted by the Bidder shall be escalated by 15% (fifteen percent) every three
years on compounding basis and shall be payable for entire Concession
Period of 26 years and 3 months starting from Commercial Operation

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Date as defined in the Draft Concession Agreement.

2.5.3 The Preferred Bidder shall, effective from the date of signing of Land Lease
Agreement (Land Lease Deed) and during the Concession Period, shall pay
Annual License Fee to TCGL in advance. The Annual License Fee for the
Project site is Re. 1.00 (Rupee One only) per sq.m. Taxes as applicable
shall also be payable by the Preferred Bidder.

2.5.4 Other Statutory Payments in Accordance with the Law: The Preferred
Bidder shall pay to Service Charges and other statutory levies and any other
charges, cess, duties as leviable under any applicable law.

2.6 Change in composition of the Joint Venture and Ownership

2.6.1 Change in the composition of a Joint Venture will not be permitted by the
Authority during the Bidding Process or thereafter during the term of the
Concession Agreement; provided however that the Authority may in its sole
discretion under exceptional circumstances decide to allow change in
composition of the Joint Venture.

2.6.2 Intentionally Left Blank

2.6.3 Approval for change in the composition of a Joint Venture shall be at the sole
discretion of the Authority and must be approved by the Authority in writing.
2.6.4 Intentionally Left Blank.

2.6.5 Intentionally Left Blank.

2.6.6 Intentionally Left Blank.

2.6.7 By submitting the Bid, the Bidder shall also be deemed to have acknowledged
and agreed that in the event of a change in control of a Joint Venture Member
or an Associate whose Technical Capacity and/ or Financial Capacity was
taken into consideration for the purposes of short-listing and qualification
under and in accordance with the RFQ cum 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 the Concession Agreement but prior to the completion
of Construction Period in respect 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

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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 and/or
retention money, 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.

2.7 Number of Bids and costs thereof

2.7.1 No Bidder shall submit more than one Bid for the Project. A Bidder applying
individually or as a member of a Joint Venture, as the case may be, shall not
be entitled to submit another Bid either individually or as a member of any
Joint Venture, as the case may be.

2.7.2 The Bidders shall be responsible for all of the costs associated with the
preparation of their Bids and their participation in the Bid Process. The
Authority will not be responsible or in any way liable for such costs,
regardless of the conduct or outcome of the Bidding Process.

2.8 Site and verification of information

2.8.1 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
for construction, access to site, handling and storage of materials, weather
data, applicable laws and regulations, and any other matter considered
relevant by them.

For any assistance in respect to the site visit to the Bidders, Bidders can
contact the following officer at Gandhinagar on the address given below:

Mr. M S Joshi,
General Manager,
Tourism Corporation of Gujarat Limited
Block No. 16, 4th Floor, Udyog Bhavan, Sector 11,
Gandhinagar, Gujarat – 382011
Phone: 079-23977231
E- mail: msjoshi@gujarattourism.com

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

i. made a complete and careful examination of the Bidding Documents;

ii. received all relevant information requested from the Authority;

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iii. acknowledged and accepted the risk of inadequacy, error or mistake in


the information provided in the Bidding Documents or furnished by
or on behalf of the Authority relating to any of the matters referred to
in clause 2.8.1 above;

iv. satisfied itself about all matters, things and information including
matters referred to in clause 2.5.1 hereinabove necessary and required
for submitting an informed Bid, execution of the Project in accordance
with the Bidding Documents and performance of all of its obligations
thereunder;

v. 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 2.8.1 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;

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

vii.agreed to be bound by the undertakings provided by it under and in


terms hereof.
2.8.3 The Authority shall not be liable for any omission, mistake or error on the
part of the Bidder in respect of any of the above or on account of any
matter or thing arising out of or concerning or relating to the RFQ cum
RFP or the Bidding Process, including any error or mistake therein or in
any information or data given by the Authority.

2.9 Right to accept or reject any or all Bids

2.9.1 Notwithstanding anything contained in this RFQ cum 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 therefore. 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.

2.9.2 The Authority reserves the right to reject any Bid and appropriate the Bid
Security if:
(a) at any time, a material misrepresentation is made or uncovered, or
(b) the Bidder does not provide, within the time specified by the Authority,
the supplemental information sought by the Authority for evaluation of
the Bid.

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Such misrepresentation/improper response shall lead to the disqualification


of the Bidder. If the Bidder is a Joint Venture, then the entire Joint Venture
and each Member of the Joint Venture may be disqualified / rejected. If such
disqualification / rejection occurs after the Bids have been opened and the
lowest Bidder gets disqualified / rejected, then the Authority reserves the
right to annul the Bidding Process and invites fresh Bids.

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 Operations Period, that one or more of the
qualification conditions have not been met by the Bidder, or the 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 LOA or entering into
the Concession Agreement, and if the Bidder has already been issued the
LOA 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 RFQ cum RFP, be liable to be terminated, by a communication in
writing by the Authority to the Bidder, without the Authority being liable
in any manner whatsoever to the Bidder and without prejudice to any other
right or remedy which the Authority may have under this RFQ cum RFP, the
Bidding Documents, the Concession Agreement or under applicable law.

2.9.4 The Authority reserves the right to verify all statements,


information and documents submitted by the Bidder in response to the RFQ
cum RFP. Failure of the Authority to undertake such verification shall
not relieve the Bidder of its obligations or liabilities hereunder nor will
it affect any rights of the Authority thereunder.

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B. DOCUMENTS

2.10 Contents of the RFQ cum RFP

2.10.1 This RFQ cum RFP comprises the disclaimer set forth hereinabove, the
contents as listed below, and will additionally include any Addenda issued in
accordance with clause 1.2.3 and clause 2.12.

Section 1. Introduction
Section 2. Instructions to Bidders
Section 3. Criteria for Evaluation of Bids
Section 4. Fraud & Corrupt Practices
Section 5. Pre Bid Conference
Section 6 Miscellaneous
Appendices
I. Letter Comprising the Application for Bid
Annex– I Details of Bidder
Annex – II Technical Capacity of the Bidder
Annex – III Financial Capacity of the Bidder
Annex – IV Details of Eligible Projects
Annex – V Statement of Legal Capacity
II Power of Attorney for signing of Bid
III Power of Attorney for Lead Member of Joint Venture
IV Bank Guarantee for Bid Security
V Joint Bidding Agreement for Joint Venture
VI Master Plan of the Project components in the area admeasuring about
8 ha (19.76 acres)
VII Term Sheet of Project components
VIII Implementation Schedule of Project components
IX Operation & Maintenance Plan of Project components
X Environmental Management Plan of Project components
XI Sample format of the Price Bid
XII Guidelines of the Department of Disinvestment
XIII Brief Project Profile
XIV General Development Guidelines

2.10.2 The Draft Concession Agreement provided by the Authority as part of the Bid
Document shall be deemed to be part of this RFQ cum RFP

2.11 Clarifications

2.11.1 Bidders requiring any clarification on the RFQ cum RFP may notify the
Authority in writing or by fax and e-mail in accordance with clause 1.2.9.
They should send in their queries before the date specified in the
schedule of Bidding Process contained in clause 1.3. The Authority shall

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endeavor to respond to the queries within the period specified therein, but
no later than 15 (fifteen) days prior to the Bid Due Date.

2.11.2 The Authority shall endeavour to respond to the questions raised or


clarifications sought by the Bidders. However, the Authority reserves the
right not to 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 the Authority to respond to any question or to
provide any clarification.

2.11.3 The Authority may also on its own motion, if deemed necessary,
issue interpretations and clarifications to all Bidders. All clarifications
and interpretations issued by the Authority shall be deemed to be part of
the RFQ cum RFP. Verbal clarifications and information given by
Authority or its employees or representatives shall not in any way or
manner be binding on the Authority. Any modifications / addenda /
corrigenda issued by the Authority, from time to time, shall be uploaded on
the website www.gujarattourism.com. Bidders are requested to regularly
check the website for all the updates.

2.12 Amendment of RFQ cum RFP

2.12.1 At any time prior to the deadline for submission of Bid, the Authority
may, for any reason, whether at its own initiative or in response to
clarifications requested by a Bidder, modify the RFQ cum RFP by the
issuance of Addenda.

2.12.2 Any Addendum thus issued would be uploaded on the respective


website(s). Bidders shall check the website from time to time.

2.12.3 In order to afford the Bidders a reasonable time for taking an Addendum
into account, or for any other reason, the Authority may, at its own
discretion, extend the Bid Due Date.

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C. PREPARATION AND SUBMISSION OF BID

2.13 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 of the pertinent passages 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.

2.14 Format and signing of Bid

2.14.1 The Bidder shall provide all the information sought under this RFQ
cum RFP. The Authority will evaluate only those Bids that are received in
the required formats and complete in all respects. Incomplete and /or
conditional Bids shall be liable to rejection.

2.14.2 The Bidder shall prepare the PQ and Technical Bid (together with originals,
copies of documents and a CD of the same) and submit the same as
defined in clause 2.15 below. In the event of any discrepancy between
the original and the copies, the original shall prevail.

2.14.3 The Bid and its copies shall be typed or written in indelible ink and
signed by the Authorised Signatory of the Bidder who shall also initial
each page in blue ink. All the alterations, omissions, additions or
any other amendments made to the Bid shall be initialled by the person(s)
signing the Bid. The Bid shall contain page numbers and shall be properly
bound. The Bid submitted in loose format shall be summarily rejected.

2.15 Sealing and Marking of Bids

2.15.1 The Bidder shall submit the Bid consisting of 2 (two) envelopes as under
and seal it in one single outer envelope.

 Envelope 1: PQ Bid (ORIGINAL & COPY clearly marked accordingly)


in hard copy and one CD containing the soft copy of the same
 Envelope 2: Technical Bid (ORIGINAL & COPY clearly marked
accordingly) in hard copy and one CD containing the soft copy of the
same
 PRICE BID (as per the format provided in Appendix-XI) needs to be
submitted online on nprocure website

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2.15.2 Envelope 1 shall contain original and copy of the PQ Bid comprising
following documents respectively :

(h) RFQ cum RFP Fee of Rs. 5,000 (Rupees Five Thousand Only) in the
form of Demand Draft drawn in favour of ‘Tourism Corporation of
Gujarat Limited’ payable at Gandhinagar.

(i) Bid in the prescribed format (Appendix-I) along with Annexures and
supporting documents;

(ii) Power of Attorney for signing the Bid as per the format at
Appendix-II;

(iv) If applicable, the Power of Attorney for Lead Member of Joint


venture as per the format at Appendix-III;

(v) Copy of the Jt. Bidding Agreement, in case of a Joint Venture,


substantially in the format at Appendix-V;

(vi) Copy of Memorandum and Articles of Association, if the Bidder


/ Joint Venture member is a body corporate, and if a partnership
then a copy of its partnership deed;

(vii) Copies of Bidder’s / each Joint Venture member’s duly audited


balance sheet and profit and loss account for the preceding five
financial years immediately before the Bid Due Date; and

(viii) any other sector or project-specific requirement that may be


specified by the Authority.

(ix) Bid Security in the prescribed format (Appendix-IV);

(x) A copy of the Bidding Document with each page initialed by the
person signing the Bid in pursuance of the Power of Attorney referred
hereinabove.

2.15.3 Envelope 2 shall contain original and copy of the Technical Proposal
comprising following documents respectively :

(i) Master Plan of the Project components in the area admeasuring about
8 ha (19.76 acres) (Appendix-VI);
(ii) Term Sheet of the Project components (Appendix-VII);
(iii) Implementation Schedule of the Project components (Appendix-VIII)
(iv) Operation & Maintenance Plan of the Project components

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(Appendix-IX)
(v) Environmental Management Plan of the Project components
(Appendix-X)

Each of the envelopes shall clearly bear the following identification:

“RFQ cum RFP Bid: Development of Exhibition and Convention Centre


at Vadodara in Gujarat”

and shall clearly indicate the name and address of the Bidder. In addition,
the Bid Due Date should be indicated on the right hand corner of each of the
envelopes.

2.15.4 Each of the envelopes shall be addressed to:

The General Manager,


Tourism Corporation of Gujarat Ltd. (TCGL),
Block No. 16, 4th Floor, Udyog Bhavan, Sector 11,
Gandhinagar, Gujarat – 382011
Phone: 079-23977231
E- mail: msjoshi@gujarattourism.com

2.15.5 If the envelopes are not sealed and marked as instructed above, the
Authority assumes no responsibility for the misplacement or premature
opening of the contents of the Bid submitted.

2.15.6 Bids submitted by fax, telex, telegram or e-mail shall not be entertained
and shall be rejected.

2.16 Bid Due Date

2.16.1 Bids (both Technical Bid and Price Bid) should be submitted before 15:00
hours IST on the Bid Due Date, at the address provided in clause 2.15.4/
website www.nprocure.com in the manner and form as detailed in this RFQ
cum RFP.

2.16.2 The Authority may, in its sole discretion, extend the Bid Due Date by
issuing an Addendum in accordance with clause 2.12 uniformly
for all Bidders.

2.17 Late Bids

Bids received by the Authority after the specified time on the Bid Due Date
shall not be eligible for consideration and shall be summarily rejected.

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2.18 Modifications/ substitution/ withdrawal of Bids

2.18.1 The Bidder may modify, substitute or withdraw its Bid after
submission, provided that written notice of the modification,
substitution or withdrawal is received by the Authority prior to Bid Due
Date. No Bid shall be modified, substituted or withdrawn by the Bidder
on or after the Bid Due Date.

2.18.2 The modification, substitution or withdrawal notice shall be prepared,


sealed, marked, and delivered in accordance with clause 2.15, with the
envelopes being additionally marked “MODIFICATION”, “SUBSTITUTION”
or “WITHDRAWAL”, as appropriate.

2.18.3 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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D. EVALUATION PROCESS

2.19 Opening and Evaluation of Bids

2.19.1 The Authority shall open the Bids (Technical Bid) at 15:30 hours IST on
the Bid Due Date, at the place specified in clause 2.15.4 and in the
presence of the Bidders who choose to attend.

2.19.2 Bids for which a notice of withdrawal has been submitted in accordance
with clause 2.18 shall not be opened.

2.19.3 The Authority will subsequently examine and evaluate Bids in accordance
with the provisions set out in Section 3.

2.19.4 Bidders are advised that qualification of Bidders will be entirely at the
discretion of the Authority. Bidders will be deemed to have understood and
agreed that no explanation or justification on any aspect of the Bidding
Process or selection will be given.

2.19.5 Any information contained in the Bid shall not in any way be construed as
binding on the Authority, its agents, successors or assigns, but shall be
binding against the Bidder if any Project is subsequently awarded to it
under the Bidding Process on the basis of such information.

2.19.6 The Authority reserves the right not to proceed with the Bidding Process
at any time without notice or liability and to reject any Bid without
assigning any reasons.

2.19.7 If any information furnished by the Bidder is found to be incomplete, or


contained in formats other than those specified herein, the Authority may, in
its sole discretion, exclude the relevant project from computation of the
eligible score in respect of the Bidder.

2.19.8 In the event that a Bidder claims credit for an Eligible Project, and such claim
is determined by the Authority as incorrect or erroneous, the Authority shall
reject such claim and exclude the same from computation of the eligible
score, and may also, while computing the aggregate experience score of the
Bidder, make a further deduction equivalent to the claim rejected hereunder.
Where any information is found to be patently false or amounting to a
material representation, the Authority reserves the right to reject the Bid in
accordance with the provisions of clauses 2.9.2 and 2.9.3.

2.19.9 To facilitate evaluation of Bids, the Authority may, at its sole


discretion, seek clarifications in writing from any Bidder regarding its Bid.

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2.20 Confidentiality

Information relating to the examination, clarification, evaluation, and


recommendation for the qualified 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, or concerning the Bidding Process. The Authority will treat all
information, submitted as part of 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.

2.21 Tests of responsiveness

2.21.1 Prior to evaluation of Technical Bids, the Authority shall determine whether
each Technical Bid is responsive to the requirements of the RFQ cum RFP.
A PQ and Technical Bid shall be considered responsive only if:

(a) it is received as per format at Appendix-I.

(b) it is received by the Bid Due Date including any extension thereof
pursuant to clause 2.14;

(c) it is signed, sealed, bound together, and marked as stipulated in


clauses 2.13, 2.14 and 2.15;

(d) it is accompanied by the Power of Attorney as specified in clause


2.3.4, and in the case of a Joint Venture, the Power of Attorney as
specified in clause 2.3.5 (c);

(e) it contains all the information and documents (complete in all


respects) as requested in this RFQ cum RFP;

(f) it contains information in formats same as those specified in this RFQ


cum RFP;

(g) it contains certificates from its statutory auditors $ in the formats


specified at Appendix-I of the RFQ cum RFP for each Eligible Project ;

$
In case duly certified audited annual financial statements containing the requisite details are provided, a separate certification
by statutory auditors would not be necessary in respect of Clause 2.21.1 (g). In jurisdictions that do not have statutory auditors,
the firm of auditors which audits the annual accounts of the Applicant may provide the certificates required under this RFQ cum
RFP

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(h) Bank Guarantee for Bid Security as per clause 2.28 and format given in
Appendix IV.

(i) Demand Draft drawn in favour of ‘Tourism Corporation of Gujarat


Limited’ payable at Gandhinagar towards RFQ cum RFP Fee of Rs.
5,000 (Rupees Five Thousand Only).

(j) it is accompanied by the Jt. Bidding Agreement (for Joint Venture),


specific to the Project, as stipulated in clause 2.3.5(g);

(k) it does not contain any condition or qualification; and

(l) it is not non-responsive in terms hereof .

2.21.2 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.

2.22 Clarifications

(i) To facilitate evaluation of Bids, the Authority may, at its sole discretion,
seek clarifications from any Bidder regarding its Bid. Such clarification(s)
shall be provided within the time specified by the Authority for this purpose.
Any request for clarification(s) and all clarification(s) shall be in writing.

(ii) If an Bidder does not provide clarifications sought under Sub-Clause (i)
above within the prescribed time, its Bid shall be liable to be rejected.
In case the Bid is not rejected, the Authority may proceed to evaluate
the Bid by construing the particulars requiring clarification to the best of its
understanding, and the Bidder shall be barred from subsequently
questioning such interpretation of the Authority.

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E. QUALIFICATION AND BIDDING

2.23 Short-listing and notification

After the evaluation of Technical Bids, the Authority would announce a list of
pre-qualified and shortlisted Bidders who will be eligible for participation in
the Price Bid Stage and evaluation of their Price Bid. At the same time, the
Authority would notify the Bidders who could not be shortlisted for Price Bid
stage (unsuccessful Bidders). The Authority will not entertain any query or
clarification from Bidder who could not be shortlisted.

2.24 Opening of Price Bids

Price Bids for only those Bidders who are pre- qualified and shortlisted after
evaluation of their technical Bids in terms hereof shall be opened by the
Authority.

2.25 Proprietary data

All documents and other information supplied by the Authority or submitted


by a Bidder to the Authority shall remain or become the property of the
Authority. Bidders are to treat all information as strictly confidential and shall
not use it for any purpose other than for preparation and submission of their
Bid. The Authority will not return any Bid or any information provided along
therewith.

2.26 Correspondence with the Bidder

The Authority shall not entertain any correspondence with any Bidder in
relation to the acceptance or rejection of any Bid.

2.27 Other conditions

2.27.1 A Bidder is eligible to submit only one Bid for the Project. A Bidder bidding
individually or as a Lead member of a Joint Venture shall not be
entitled to submit another Bid either individually or as a member of any
Joint Venture, as the case may be.

2.27.2 Notwithstanding anything to the contrary contained in this RFQ cum


RFP, the detailed terms specified in the Draft Concession Agreement
shall have overriding effect; provided, however, that any conditions or
obligations imposed on the Bidder hereunder shall continue to have
effect in addition to its obligations under the Concession Agreement.

2.27.3 The Bidding Documents including this RFQ cum 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

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submission of a Bid in accordance herewith. Bidders are to treat all


information as strictly confidential and shall not use it for any purpose other
than for preparation and submission of their Bid. The Authority will not return
any Bid or any information provided along therewith.

2.27.4 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, its Member or any Associate thereof, as
the case may be, in any manner for matters related to or incidental to such
Project during the Bidding Process or subsequent to the (i) issue of the LOA
or (ii) execution of the Concession Agreement. In the event any such adviser
is engaged by the Preferred Bidder or Concessionaire after issue of the LOA
or execution of the Concession Agreement for matters related or incidental
to the Project, then notwithstanding anything to the contrary contained
herein or in the LOA or the Concession Agreement and without prejudice to
any other right or remedy or the Authority, including the forfeiture and
appropriation of the Bid Security or Performance Security and/or retention
money, as the case may be, which the Authority may have there under or
otherwise, the LOA or the Concession Agreement, as the case may be, shall
be liable to be terminated without the Authority being liable in any manner
whatsoever to the Preferred Bidder or Concessionaire for the same. For the
avoidance or doubt, this disqualification shall not apply where such adviser
was engaged by the Bidder, its Member or Associate in the past but its
assignment expired or was terminated 6 (six) months prior to the date of
issue of this RFQ cum RFP. Nor will this disqualification apply where such
adviser is engaged after a period of 3 (three) years from the date of expiry of
Construction Period in respect of the Project.

2.27.5 This RFQ cum RFP is not transferable.

2.27.6 Any award of Project pursuant to this RFQ cum RFP shall be subject to the
terms of Bidding Documents

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F. BID SECURITY

2.28 Bid Security

2.28.1 The Bidder shall furnish as part of its Bid, a Bid Security referred to in clause
1.2.4 hereinabove in the form of an irrevocable and unconditional bank
guarantee issued by a Nationalized Bank, or a Scheduled Bank in India,
in favour of the Authority in the format at Appendix-IV (the “Bank
Guarantee”) and having a validity period of not less than 180 days from
the Bid Due Date, inclusive of a claim period of 60 (sixty) days, as may be
extended by the Bidder from time to time. In case the Bank Guarantee is
issued by a foreign bank outside India, confirmation of the same by any
nationalized bank in India is required. For the avoidance of doubt,
Scheduled Bank shall mean a bank as defined under Section 2(e) of the
Reserve Bank of India Act, 1934.

2.28.2 Intentionally Left Blank.

2.28.3 Any Bid not accompanied by the Bid Security shall be rejected by the
Authority as non-responsive.

2.28.4 The Bid Security of unsuccessful Bidders will be returned by the Authority,
without any interest, as promptly as possible on signing of the Concession
Agreement with the Preferred Bidder or when the Bidding Process is
cancelled by the Authority.

2.28.5 The Preferred Bidder’s Bid Security will be returned, without any
interest, upon the Bidder signing the Concession Agreement and
furnishing the performance security in accordance with the provisions
thereof.

2.28.6 The Authority shall be entitled to forfeit and appropriate the Bid Security as
Damages inter alia in any of the events specified in clause 2.28.7 herein
below. The Bidder, by submitting its Bid pursuant to this RFQ cum RFP, shall
be deemed to have acknowledged and confirmed that the Authority will suffer
loss and damage on account of withdrawal of its Bid or for any other default by
the Bidder during the period of Bid validity as specified in this RFQ cum RFP.
No relaxation of any kind on Bid Security shall be given to any Bidder.

2.28.7 The Bid Security shall be forfeited and appropriated by the Authority as
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 under the bidding documents and /or under the Agreement, or
otherwise, under the following conditions:

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

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


practice, undesirable practice or restrictive practice as specified in
Clause 4 of this RFQ cum RFP;

c) If a Bidder withdraws its Bid during the period of Bid validity as


specified in this RFQ cum RFP and as extended by mutual consent of
the respective Bidders (s) and the Authority;

d) In the case of Preferred Bidder, if it fails within the specified time limit -
(i) to sign and return the duplicate copy of LOA; or
(ii) to sign the Concession Agreement; or
(iii) to furnish the performance security within the period prescribed
therefor in the Concession Agreement;

e) In case the Preferred Bidder, having signed the Concession


Agreement, commits any breach thereof prior to furnishing the
performance security.

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3. CRITERIA FOR EVALUATION OF BIDS


3.1 Evaluation parameters for Qualification Stage

3.1.1 Only those Bidders who meet the technical eligibility criteria specified in
clauses 2.3.1 above shall qualify for evaluation of their Price Bids. Bids of
Bidders / Joint Venture who do not meet these criteria shall be rejected.

3.2 Technical Capacity for purposes of evaluation

3.2.1 For the purposes of meeting Threshold Technical Capacity in terms of


clause 2.3.1 (A)(i) hereof , the following categories of experience would
qualify as Technical Capacity and eligible experience (the "Eligible
Experience") in relation to eligible projects which qualifies for consideration
as such as per stipulations set out below (the "Eligible Projects"):

Category 1: Project experience on Eligible Projects in Hospitality


Sector (Hotels, Convention Facility, Exhibition Facility)

For a project to qualify as an Eligible Project under the above category:


(a) It should have been undertaken as a PPP project on BOT, BOLT,
BOO, BOOT, DBFOT or other similar basis for providing its output or
services to a public sector entity or for providing non-discriminatory
access to users in pursuance of its charter, concession or contract, as
the case may be.

(b) the entity claiming experience should have held, in the company
owning the Eligible Project, a minimum of 26% (twenty six per
cent) equity during the entire year for which Eligible Experience is
being claimed;

(c) the capital cost of the project should be at least 10% of the amount
specified as the Estimated Project Cost; and

(d) the entity claiming experience shall, during the last 5 (five) audited
financial years preceding the Bid Due Date, have itself undertaken
the construction of the project for an amount equal to at least one
half of the Estimated Project Cost, excluding any part of the
project for which any Concessionaire, sub-Concessionaire or other
agent was appointed for the purposes of construction.

Category 2: Construction experience on Eligible Projects in Hospitality


Sector (Hotels, Convention Facility, Exhibition Facility)

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For a project to qualify as an Eligible Project under this category, the Bidder
should have received payments from its client(s) for construction works
executed, fully or partially, during the 5 (five) audited financial years
immediately preceding the Bid Due Date, and only the amounts (gross)
actually received, during such 5 (five) audited financial years shall qualify for
purposes of computing the Experience Score. However, receipts of less than
Rs. 8 crores (Rs. Eight Crores) shall not be reckoned as receipts for
Eligible Projects. For the avoidance of doubt, construction works shall not
include supply of goods or equipment except when such goods or equipment
form part of a turn-key construction contract / concession agreement for the
project. Further, the cost of land shall not be included hereunder.

3.2.2 For the purposes of meeting Threshold Technical Capacity in terms of


clause 2.3.1 (A)(ii) hereof , the following categories of experience would
qualify as Technical Capacity and eligible experience (the "Eligible
Experience") in relation to eligible projects which qualifies for
consideration as such as per stipulations set out below (the "Eligible
Projects"):

Category 3: Experience of organising an exhibition / event


(and/or)
Category 4: Experience of organising a convention

For a project to qualify as an Eligible Project under category 3 & 4 above,


(a) the Bidder should have received payments from its client(s) for
organizing convention / exhibition / event, during the 5 (five) audited
financial years immediately preceding the Bid Due Date, and only the
amounts (gross) actually received, during such 5 (five) audited
financial years shall qualify for purposes of computing the Experience
Score.
(b) To qualify under category 3 above, Bidder should have carried out
trade fairs / exhibitions in India / Abroad of a minimum total area of
25,000 sq. m. in last 5 years with one event having a minimum
exhibitor area of 15000 sq m. and remaining exhibition / events
spread over a minimum exhibitor area of 7500 sq.m in each exhibition
/ events.
(c) To qualify under category 4 above, Bidder should have organized
conventions in India / abroad for a minimum of 1000 delegates in each
convention in last five years.
(d) However, receipts of less than Rs. 4 crores (Rs. Four Crores) per
exhibition / event shall not be reckoned as receipts for Eligible
Projects under category 3 and receipts of less than Rs. 1 crore (Rs.
One Crore) per convention shall not be reckoned as receipts for
Eligible Projects under category 4.

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3.2.3 Eligible Experience in respect of each category shall be measured


only for Eligible Projects.

3.2.4 The Bidder shall quote experience in respect of a particular Eligible Project
under any one category only, even though the Bidder (either individually or
along with a member of the Joint Venture) may have played multiple roles in
the cited project. Double counting for a particular Eligible Project shall not be
permitted in any form.

3.2.5 For the purpose of assigning scores to the Bidder, its experience shall be
measured and stated in terms of a score (the "Experience Score"). The
Experience Score for an Eligible Project in a given category would be the
eligible receipts specified in clause 3.2.1 & 3.2.2, divided by one crore. In
case the Bidder has experience across different categories, the score for
each category would be computed as above and then aggregated to arrive
at its Experience Score.

3.2.6 The Experience Score determined in accordance with clause 3.2.5 in


respect of an Eligible Project situated in a developed country which is a
member of OECD shall be further multiplied by a factor of 0.5 (zero point
five) and the product thereof shall be the Experience Score for such Eligible
Project.

3.2.7 Experience for any activity relating to an Eligible Project shall not be claimed
by both the Members of the Joint Venture. In other words, no double
counting by a Joint Venture in respect of the same experience shall be
permitted in any manner whatsoever.

3.3 Details of Experience

3.3.1 The Bidder should furnish the details of Eligible Experience for the past
5 (five) years immediately preceding the Bid Due date.

3.3.2 The Bidders must provide the necessary information relating to


Technical Capacity as per format at Annex-II of Appendix-I.

3.3.3 The Bidder should furnish the required project-specific information and
evidence in support its claim of Technical Capacity, as per format at Annex-
IV of Appendix-I.

3.4 Financial information for purposes of evaluation

3.4.1 The Bid must be accompanied by the audited annual reports of the
Bidder (of each member in case of a Joint Venture) for last 5 (five)
financial years, preceding the year in which the Bid is made.

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3.4.2 In case the annual accounts for the latest financial year are not
audited and therefore the Bidder could not make it available, the Bidder
shall give an undertaking to this effect and the statutory auditor shall certify
the same. In such a case, the Bidder shall provide the Audited Annual
Reports for 5 (five) years preceding the year for which the Audited
Annual Report is not being provided.

3.4.3 The Bidder must establish a minimum Net Worth specified in clause 2.3.1
(B), and provide details as per format at Annex-III of Appendix-I.

3.5 Technical Evaluation Stage


3.5.1 The documents submitted during the PQ stage shall be marked as under for
Technical Evaluation.

S. No. Criteria Range Marks


1 Experience Score (as per 160 - 200 10.0
Threshold Technical >200 - 250 12.5
Capacity) >250 15.0
2 Net Worth Rs. 5 cr - Rs.8 cr 10.0
> Rs. 8 cr - Rs.12 cr 12.5
> Rs. 12 cr 15.0
3 Working Capital Rs. 8 cr - Rs.10 cr 5.0
> Rs. 10 cr - Rs.15 cr 7.5
> Rs. 15 cr 10.0

Total of marks obtained in 1 + 2 + 3 = A (marks out of 40)

3.5.2 The technical plan, submitted by the Bidder would be evaluated to achieve a
comprehensive understanding about the capacity of the bidder to undertake
the Project. The evaluation criteria with their weightages for evaluating
technical proposal is as follows:

S. No. Parameters Maximum Marks


1 Master Plan for the Project 5
Product Specifications (materials, design,
2 10
Specifications, elements etc.)
3 Quality & Experience of Project team 10
4 Project Management & Implementation program 10
5 Operation & Maintenance Program 5
Sub-Total 40
6 Presentation covering all above* 20
Total (B) 60
Note: The detailed technical evaluation criteria for the table above shall be
given subsequently.

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*The Bidder would be required to make a presentation at the time of


Technical Evaluation. This presentation will be evaluated by the Technical
Advisory Committee (TAC) constituted by the Authority for the evaluation of
Presentation. Venue and time of the presentation will be informed to the
Bidders qualified at the PQ stage.

3.5.3 The score obtained as defined under clause 3.5.1 and 3.5.2 above, shall be
given weightage and combined / summed up as under:
 Score Obtained under clause 3.5.1 = A
 Score Obtained under clause 3.5.2 = B
 Total Technical score (St) = A+ B (marks out of 100)

3.5.4 The Bidders shall then be ranked on the basis of their Total Technical
Score. The Authority expects to short-list upto 6 top Bidders, ranked after
technical bid evaluation in terms hereof, for participation in the evaluation of
their Price Bids.

3.6 Price Bid Stage

3.6.1 In the Price Bid Stage, Price Bids would be opened only for those Bidders
who have been shortlisted in the stage as per clause 3.5.4.

3.6.2 Price Bid is required to be submitted on www.nprocure.com (draft format at


Appendix-XI) on or before the Bid due date.

3.6.3 The Price Bids will be evaluated for the Project on the basis of Financial
Score (Sf), as defined below.

The Financial Score shall be calculated on the basis of Annual Premium


Offered and Upfront Amount Demanded

Bidder will be required to quote the following amounts:


A. ‘Annual Premium’ as quoted and offered by the Bidder
B. ‘Upfront Amount’, as quoted and demanded by the Bidder

3.6.4 Calculation of Financial Score (Sf): The Financial Scores of the Price Bids
will be computed as indicated below:

 Financial Score of the Annual Premium quoted, SA = 100*F1/Fm1


Where,
F1 - Annual Premium as quoted by the Bidder whose Price Bid is under
consideration;

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Fm1 - Highest Annual Premium offered among the technically shortlisted


Bidders;
SA - Financial Score of the Bidder under consideration based on the
Annual Premium quoted;
 Financial Score of the Upfront amount quoted, SB = 100*Fm2/F2
Where,
Fm2 - Lowest Upfront Amount demanded among the technically shortlisted
Bidders;
F2 - Upfront Amount demanded by the Price Bid under consideration;
SB - Financial Score of the Bidder under consideration based on the
Upfront Amount quoted;
 Total Financial Score (Sf) = 0.2 SA+ 0.8 SB (i.e. the sum of Financial
Scores of Annual Premium offered and Upfront Amount demanded by the
Bidder under consideration) (marks out of 100)

3.7 Final Marking under QCBS:

3.7.1 After the Financial score for all the shortlisted Bidders are computed,
technically shortlisted Bidders shall be ranked as per QCBS process as
described herein. The final QCBS score shall be computed based on the
combined technical and financial scores with a weightage ratio of 50:50
(weightage given to the Technical Proposal = 50%; weightage given to the
Price Bid = 50%) as indicated in the table below.

S.No Description Weightage Score


1 Total Technical Score (St) of 50% (i.e. St/2)
the Technical Evaluation
Stage as per clause 3.5
2 Total Financial Score (Sf) of 50% (i.e. Sf/2)
the Price Bid Stage as per
clause 3.6
3 Combined Score (Score out 100%
of 100)

3.7.2 The Bidder achieving the highest Combined Score shall be the Bidder to
whom the Project, subject to the terms of this RFQ cum RFP, be awarded
(the ‘Preferred Bidder’).

3.7.3 In the event two or more Bidders obtain equal Combined Score (the "Tie
Bidders"), TCGL may ask the said Tie Bidders to furnish their respective
Revised Price Bid (within the timeframe intimated by the Authority) such
that:
 Revised Annual Premium quoted shall not be less than the initial
Annual Premium quoted by the Bidder

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 Revised Upfront Amount shall not be greater than the initial Upfront
Amount quoted by the Bidder
3.7.4 Subject to the provisions of clause 2.7.1, the Bidder whose Bid is adjudged as
responsive in terms of clause 2.21 and who achieves the highest Combined
Score shall be declared as the Preferred Bidder. In the event that the Authority
rejects all Bids or annuls the Bidding Process, as the case may be, for
whatsoever reason, it may, in its sole discretion, invite all eligible Bidders to
submit fresh Bids hereunder.

3.7.5 Generally, the Preferred Bidder shall be the Highest Bidder (H1). The
remaining Bidders shall be kept in reserve and may, in accordance with the
process specified in this RFP, the second Highest Bidder (H2) be invited to
match the Bid submitted by the Highest Bidder (H1) in case such Highest
Bidder withdraws or is not selected/considered for any reason. In the event
that none of the other Bidders match the Bid of the Highest Bidder, the
Authority may, in its discretion, invite fresh Bids from all Bidders or annul the
Bidding Process, as the case may be.

3.7.6 After selection, a letter of award (the “LOA”), 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 LOA, sign and return the duplicate copy of
the LOA in acknowledgement thereof. In the event the duplicate copy of the
LOA duly signed by the Preferred Bidder is not received within the stipulated
date, the Authority may, unless it consents to extension of time for submission
thereof, appropriate the Bid Security of such Bidder on account of failure of
the Preferred Bidder to acknowledge the LOA, and the next eligible Bidder
may be considered.

3.7.7 After acknowledgement of the LOA by the Preferred Bidder as above, the
Preferred Bidder shall be required to : (i) comply with and fulfill the terms of
the LOA including payment of Project Development Fee and Success Fee;
and (ii) execute the Concession Agreement with the Authority within the period
prescribed in clause 1.3 hereof. The Preferred Bidder shall not be required to
seek any deviation, modification or amendment in the Concession Agreement.

3.7.8 After signing of Concession Agreement, the unencumbered possession of the


Project site shall be handed over to the Concessionaire by the Authority on
the same day.

3.7.9 The Bid Security of all the unsuccessful Bidders shall be returned upon
execution of the Concession Agreement with the Preferred Bidder.

3.7.10 The Bid Security of the Bidders shall be extended beyond the original validity
period in case the signing of Concession Agreement is delayed due to any

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reason. Such extension is however be as mutually agreed.

3.7.11 The Bid Security of the Preferred Bidder shall be returned upon signing of the
Concession Agreement.

3.8 Contacts during Bid Evaluation


Bids shall be deemed to be under consideration immediately after they are
opened and until such time the Authority makes official intimation of award /
rejection to the Bidders. While the Bids are under consideration, Bidders and /
or their representatives are advised to refrain from contacting by any means,
the Authority and/or their employees / representatives on matters related to the
Bids under consideration.

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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 LOA and during the subsistence of the
Concession Agreement. Notwithstanding anything to the contrary contained
herein, or in the LOA or the Concession Agreement, the Authority may reject a
Bid, withdraw the LOA, or terminate the Concession Agreement, as the case
may be, without being liable in any manner whatsoever to the Bidder, if it
determined that the Bidder, 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 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 LOA 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 LOA or the
execution of the Concession Agreement, such Bidder 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 the Authority who is or has been
associated in any manner, directly or indirectly, with the Bidding Process or
the LOA or has dealt with matters concerning the 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

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otherwise ceases to be in the service of the Authority, shall be deemed to


constitute influencing the actions of a person connected with the Bidding
Process); or (ii) save and except as permitted under the clause 2.27.4 of this
RFQ cum RFP, engaging in any manner whatsoever, whether during the
Bidding Process or after the issue of the LOA 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 LOA or the Concession Agreement, who at
any time has been or is a legal, financial or technical adviser of the Authority 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 the Authority 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.

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5. PRE-BID CONFERENCE

5.1 Pre-Bid conference of the Bidders shall be convened at office of TCGL,


Block No. 16, 4th Floor, Udyog Bhavan, Sector 11, Gandhinagar, Gujarat
– 382011 on the designated date and time. 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 Conferences, the Bidders will be free to seek
clarifications and make suggestions for consideration of the Authority. The
Authority shall endeavour to provide clarifications and such further
information as it may, in its sole discretion, consider appropriate for
facilitating a fair, transparent and competitive Bidding Process.

5.3 The Bidder is advised, as far as possible, to submit the queries in writing or
by fax or email and the same should be sent to the Authority on or before the
specified date in schedule of bidding process in clause 1.3 of this RFQ cum
RFP.

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

6. MISCELLANEOUS

6.1 The Bidding Process shall be governed by, and construed in accordance
with, the laws of India and the Courts at Ahme da ba d / Ga ndhinagar
shall have exclusive jurisdiction over all disputes arising under, pursuant to
and/ or in connection with the Bidding Process.

6.2 The Authority, 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) retain any information and/ or evidence submitted to the Authority by, on
behalf of, and/ or in relation to any Bidder; and/ or
(d) 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 the Authority, its employees, agents and advisers, irrevocably,
unconditionally, fully and finally from any and all liability for claims, losses,
damages, costs, expenses or liabilities in any way related to or arising from
the exercise of any rights and/ or performance of any obligations
hereunder, pursuant hereto and/ or in connection with the Bidding Process
and waives, to the fullest extent permitted by applicable laws, any and all
rights and/ or claims it may have in this respect, whether actual or
contingent, whether present or in future.

6.4 The Bidding Documents and RFQ cum RFP are to be taken as mutually
explanatory and, unless otherwise expressly provided elsewhere in this
RFQ cum RFP, in the event of any conflict between them the priority shall
be in the following order:
(a) Concession Agreement
(b) LoA
(c) the Bidding Documents including any Addenda and / or corrigenda
thereof
(d) the RFQ cum RFP.

6.5 Special Condition of the Concession - Free Usage of the Exhibition and
Convention Centre:
(a) Subject to other terms of this clause 6.5, the Concessionaire shall be

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

obligated, on priority basis, to provide free usage of the Exhibition and


Convention Centre to Government of Gujarat (GoG) or its nominated
agencies (like iNDEXTb, etc.,) to carry out State Level functions / events
for a maximum total period of 51 (fifty one) days in every financial year
during the term of this Agreement. Further, this 51 days shall be
provided in every financial year as follows:
a. Maximum total period of 21 (twenty one) days from October to
March
b. Maximum total period of 30 (thirty) days from April to September

(b) GoG through TCGL shall intimate to the Concessionaire about exact
dates in respect of the aforesaid 51 (fifty one) days, when it (GoG
through TCGL) proposes to avail free usage of the Exhibition and
Convention Centre for State Level functions / events at least 365 days in
advance. However, for the first year of Commercial Operation, the dates
for free usage of the facilities shall be as may be mutually agreed by
TCGL and the Concessionaire. In case of no such mutual agreement on
the dates for the first year, the dates as finalized by TCGL and intimated
to the Concessionaire shall be binding on the Concessionaire.

(c) The period of free usage of the Exhibition and Convention Centre for 51
(fifty one) days in a financial year, as specified above, shall be confined
to the respective financial year only. The balance of unutilized days in
such financial year shall stand automatically and unconditionally lapsed.

(d) Such free of cost usage of the Exhibition and Convention Centre facility
by GoG or its nominated agencies shall exclude food and beverage
provided by the Concessionaire, which shall be charged on actual and
paid by GoG or its nominated agencies. During such free of cost usage,
GoG or its nominated agencies shall pay the electricity consumption
charges as per actuals and other services like all type of fabrication,
temporary signages, flex branding, etc., charges shall also be paid as
per actuals.

(e) Any meal required by GoG or its nominated agencies shall be through
the establishment of GoG and shall be paid by GoG or its nominated
agencies utilizing such services.

(f) Without prejudice to anything stated above, it is hereby agreed by the


Parties hereto that GoG shall indemnify and keep the Concessionaire
indemnified of any act, event, omission, negligence or default (including
property, circumstances, quality of materials used, workmanship,
structural, design of the facilities created or used by the GoG or its
nominated agencies and other defects), latent or patent, non-

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

compliance with bye laws, other Applicable Laws, regulatory


requirements of Government Authorities / GoG or its nominated
agencies during the free usage of Exhibition and Convention Centre by
GoG or its nominated agencies to carry out State Level
functions/events.

(g) It is clarified that free usage of the Exhibition and Convention Centre to
be provided by the Concessionaire to the GoG or its nominated
agencies to carry out State Level functions/events as per terms hereof
shall also include usage of all such apparatus, equipment, implements,
fittings & fixtures which are fixed/installed at Exhibition and Convention
Centre and are necessary for the optimal use of such Exhibition and
Convention Centre. Essential permanent operators & manpower of the
apparatus, equipment, implements, fittings & fixtures shall also be
provided by the Concessionaire to GoG or its nominated agencies free
of cost during the free usage of the Exhibition and Convention Centre.

6.6 Penalty in the form of Liquidated Damages for delayed completion


Time shall be the essence of this Agreement. The Concessionaire shall be
liable to pay penalty to the Authority for any delay in Completion of Project
construction as provided hereunder;

i. Penalty payable by the Concessionaire for delay in completion of


Project construction: In the event that completion of Project
construction does not occur on or before the Scheduled Completion
Date of Construction Period for any reason other than Force Majeure or
reasons solely attributable to the Authority, as certified by the
Independent Engineer/Consultant as the case may be, and subject to
any provisions of this Agreement providing for extension of time for
performance or excuse from performance, as the case may be, the
Authority shall be entitled to recover liquidated damages from the
Concessionaire at the rate of Rs. 7.50 lakhs (Rupees seven lakhs and
fifty thousand only) per day for each day of delay subject to a maximum
of Rs 4.50 crores (Rupees four crores and fifty lakhs only) for a delay of
60 days beyond the Scheduled Completion Date of Construction Period.
For any delay beyond 60 days from the Scheduled Completion Date of
Construction Period, unless the delay is on account of reasons solely
attributable to the Authority or due to Force Majeure, the Authority shall
have the right to terminate this Agreement for a Concessionaire Event
of Default in accordance with the provisions of RFP.

ii. The Concessionaire shall pay due amount as liquidated damages to


Authority within 30 (thirty) days of a notice being received by it from
Authority, failing which Authority shall be entitled to recover the amount

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from the Construction Performance Security or from any other sums of


the Concessionaire available with Authority.

iii. It is further clarified that in case completion of Project construction is not


achieved on or before Scheduled Completion Date of Construction
Period, the Concessionaire shall be required to pay the Annual
Premium with effect from Scheduled Completion Date of Construction
Period.

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APPENDIX

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APPENDIX I

Letter Comprising the Application for Bid


(Refer Clause 2.15)
Dated:
To,

The General Manager,


Tourism Corporation of Gujarat Limited
Block No. 16, 4th Floor, Udyog Bhavan,
Sector 11, Gandhinagar – 382011

Sub: Application for Bid for Development of Exhibition and Convention Centre with
allied facilities at Village Harni, Vadodara in the State of Gujarat

Dear Sir,

1. With reference to your RFQ cum RFP document dated **.**.**** I/we, having
examined the Bidding Documents and understood their contents, hereby
submit my/our Bid for the aforesaid Project. The Bid is unconditional and
unqualified.

2. I/We acknowledge that the Authority will be relying on the information


provided in the Bid and the documents accompanying the Bid for selection of
the Concessionaire for the aforesaid Project, and we certify that all
information provided therein is true and correct; nothing has been omitted
which renders such information misleading; and all documents
accompanying the Bid are true copies of their respective originals.

3. This statement is made for the express purpose of our selection as


Concession Agreement for the designing, engineering, procurement and
construction of the aforesaid Project along with Operation and Maintenance
of the Project during the Operations Period.

4. I/We shall make available to the Authority any additional information it


may find necessary or require to supplement or authenticate the Bid.

5. I/We acknowledge the right of the Authority to reject our Bid without
assigning any reason or otherwise and hereby waive, to the fullest
extent permitted by applicable law, our right to challenge the same on any
account whatsoever.

6. I/We certify that in the last three years, we/any of the JV partners 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, nor been expelled from any Project or contract by any
public authority nor have had any contract terminated by any public authority

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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 clauses
2.2.1 (c) and 2.2.1 (d) of the RFQ cum 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 clause 4 of
the RFQ cum RFP document, in respect of any tender or request for
proposal issued by or any Agreement entered into with the Authority or
any other public sector enterprise or any government, Central or State;
and

(d) I/We hereby certify that we have taken steps to ensure that in
conformity with the provisions of Section 4 of the RFQ cum 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; and

(e) the undertakings given by us along with the Application in response to


the RFQ cum RFP for the Project and information mentioned for the
evaluation of the Bid Capacity in Annexure I were true and correct as
on the date of making the Application and are also true and correct as
on the Bid Due Date and I/we shall continue to abide by them.

8. 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, in accordance with the RFQ cum RFP document.

9. I/We believe that we/our Joint Venture satisfy(s) the Eligibility and Pre-
Qualification criteria as per the clauses 2.2 and 2.3 and meet(s) the
requirements as specified in the RFQ cum RFP document.

10. I/We declare that we/any Member of the Joint Venture or our/Joint Venture
member, are not a Member of any other Joint Venture submitting a Bid for
the Project.

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11. I/We certify that in regard to matters other than security and integrity of the
country, we/any Member of the Joint Venture or any of our/their Joint venture
member have not been convicted by a Court of Law or indicted or adverse
orders passed by a 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 the community.

12. I/ We further certify that in regard to matters relating to security and integrity
of the country, we/any Member of the Joint Venture or any of our/their Joint
Venture member have not been charge-sheeted by any agency of the
Government or convicted by a Court of Law.

13. I/We further certify that no investigation by a regulatory authority is pending


either against us/any member of Joint Venture or against our CEO or any of
our directors/managers/employees.

14. I/ We further certify that we are not disqualified in terms of the additional
criteria specified by the Department of Disinvestment in their OM No.
6/4/2001-DD-II dated 13.7.01, a copy of which forms part of the RFQ cum
RFP at Appendix-XII thereof.

15. I/ We undertake that in case due to any change in facts or circumstances


during the Bidding Process, we are attracted by the provisions of
disqualification in terms of the guidelines referred to above, we shall intimate
the Authority of the same immediately.

16. I/We acknowledge and agree that in the event of a change in control of any
member of Joint Venture whose Technical Capacity and/or Financial
Capacity was taken into consideration for the purposes of short-listing and
pre-qualification under and in accordance with the RFQ cum RFP, I/We shall
inform the Authority forthwith along with all relevant particulars and the
Authority may, in its sole discretion, disqualify our Joint Venture or withdraw
the Letter of Award, as the case may be. I/We further acknowledge and
agree that in the event such change in control occurs after signing of the
Agreement upto its validity, it would, not withstanding anything to the
contrary contained in the Agreement, be deemed a breach thereof, and the
Agreement shall be liable to be terminated without the Authority being liable
to us in any manner whatsoever.

17. The Statement of Legal Capacity as per format provided at Annex-V


in Appendix-I of the RFQ cum RFP document, and duly signed, is enclosed.
The Power Of Attorney for signing of application and the Power Of Attorney
for Lead Member of Joint Venture, as per format provided at Appendix II
and III respectively of the RFQ cum RFP, are also enclosed.

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18. I/We hereby irrevocably waive any right or remedy 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 the
Bidder, or in connection with the Bidding Process itself, in respect of the
above mentioned Project and the terms and implementation thereof.

19. In the event of my/our being declared as the Preferred Bidder, I/we agree to
enter into an Agreement in accordance with the draft that has been provided
to me/us prior to the Bid Due Date. We agree not to seek any changes in the
aforesaid draft and agree to abide by the same.

20. I/We have studied all the Bidding Documents carefully and also surveyed the
[Project site]. We understand that except to the extent as expressly setforth
in the 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 relating to the Bidding Process including the award of
Agreement.

21. I/We offer a Bid Security of Rs. 80,00,000 (Rupees Eighty Lakhs only) to
the Authority in accordance with the RFQ cum RFP Document.

22. The Bid Security in the form of a Bank Guarantee is attached.

23. I/We agree and understand that the Bid is subject to the provisions of the
Bidding Documents. In no case, I/we shall have any claim or right of
whatsoever nature if the Project/Contract is not awarded to me/us or our Bid
is not opened or rejected.

24. The Price Bid has been quoted by me/us after taking into consideration all
the terms and conditions stated in the RFQ cum RFP, Draft Concession
Agreement, our own estimates of costs and after a careful assessment of
the site and all the conditions that may affect the project cost and
implementation of the project.

25. In the event of our Bid being accepted, we agree to enter into a formal
Concession Agreement with TCGL by incorporating a Special Purpose
Company for exclusive implementation, incorporating the conditions of the
Bid including the Draft Concession Agreement thereto annexed and written
acceptance thereof.

26. We agree, if our Bid is accepted, for the following:

a. Non-refundable and irrevocable ‘Project Development Fee’ as per


clause 2.5 to be paid by us (Preferred Bidder) within 30 days of issue of
LoA but not later than signing of Concession Agreement.

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b. To furnish the Construction Performance Security for Rs. 4.00 crores


(Rupees four crores only) as a pre-condition to signing of the Concession
Agreement.
c. To pay Annual License Fee to TCGL for the first year of Concession
Period of the Project site at Re. 1.00 (Rupee One only) per sq.m (Taxes
as applicable shall also be payable by us) as a pre-condition to signing of
the Concession Agreement.
d. To furnish the Operation Performance Security for Rs. 1.60 crores
(Rupees one crore and sixty lakhs only), as per Draft Concession
Agreement, escalated by 15% every three years on compounding basis
and shall be paid in advance from the Commercial Operations Date on
year to year basis.

27. I/We agree that if we fail to fulfil any of the conditions mentioned at para 25
and 26 above, TCGL has the right to forfeit the Bid Security being furnished
by us along with this Bid.

28. I/We agree, if our Bid is accepted, for the free usage of the Project facilities
to be provided by us to the GoG or its nominated agencies to carry out State
Level functions / events for a maximum period of 51 days in every year as
per clause 6.5.

29. I/We agree, if our Bid is accepted, in the event that completion of Project
construction does not occur on or before the Scheduled Completion Date of
Construction Period for any reason attributable to us, the Authority shall be
entitled to recover liquidated damages from us at the rate of Rs. 7.50
lakhs (Rupees seven lakhs and fifty thousand only) per day for each day
of delay subject to a maximum of Rs. 4.50 crores (Rupees four crores
and fifty lakhs only) for a delay of 60 days. For any delay beyond 60
days, the Authority shall have the right to terminate the Agreement in
accordance with the provisions of this RFQ cum RFP.

23. I/We agree, if our Bid is accepted, we shall pay the Annual Premium as
quoted by us and accepted by the Authority, as per Draft Concession
Agreement, escalated by 15% every three years on compounding basis and
shall be paid in advance from the Commercial Operations Date on year to
year basis.

24. I/We agree and undertake to abide by all the terms and conditions of the
RFQ cum RFP document.

25. {We, the Joint Venture agree and undertake to be jointly and severally liable
for all the obligations of the Concession Agreement}.

26. I/We shall keep this offer valid for 120 (One Hundred and Twenty) days from
the Bid Due Date specified in the RFQ cum RFP.

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

In witness thereof, I/we submit this Bid under and in accordance with the terms of the
RFQ cum RFP document.

Yours faithfully,

Date: (Signature, Name and Designation


of the Authorised signatory)

Place:

Name and seal of Bidder/Lead


Member

Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable
to it, or modified as necessary to reflect Bidder-specific particulars.

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ANNEX-I to Appendix I

Details of Bidder

1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if
any, in India:
(d) Date of incorporation and/ or commencement of business:

2. Brief description of the Company including details of its main lines


of business and proposed role and responsibilities in this Project:

3. Details of individual(s) who will serve as the point of contact/


communication for the Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:

4. Particulars of the Authorised Signatory of the Bidder:


(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:

5. In case of a Joint Venture:


(a) The information above (1-4) should be provided for all the members
of the Joint Venture.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause
2.3.5(g) should be attached to the Bid.
(c) Information regarding role of each member should be provided as
per table below:
Sr. Name of Role* Share of work in the Project
No. Member {Refer Clause 2.3.5(d)} {Refer Clauses 2.3.5 (a), (c), (f) &
(h)}
1.
2.
* The role of each member, as may be determined by the Bidder, should be
indicated in accordance with instruction 4 at Annex-IV.

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(d) The following information shall also be provided for each member
of the Joint Venture:

Name of Bidder/ member of Joint Venture:


No. Criteria Yes No

1. Has the Bidder/ constituent of the Joint


Venture been barred by the Central/State
Government, or any entity controlled by it,
from participating in any project (DBO,
DBFOT, BOT, EPC or otherwise).

2. If the answer to 1 is yes, does the bar


subsist as on the date of Bid.

3. Has the Bidder/constituent of the Joint


Venture paid liquidated damages of more
than 5% of the contract value in a contract
due to delay or has been penalised due to
any other reason in relation to execution of a
contract, in the last three years?

(e) The updated following information for the Bidder and each Member of
the Joint Venture:

Name of Bidder/ member of Joint Venture:


No. Criteria 1st 2nd 3rd
Last Last Last
Year Year Year

1. If Bidder(s) has/have either 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 any of its Joint Venture Member, as the
case may be, or 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 any of its Joint Venture Member.

2. Updated details of stage of litigation, if so, against


the Authority/Governments on all the on-going
projects of the Bidder or any of its Joint Venture

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Member.

3. Updated details of on-going process of blacklisting if


so, under any contract with Authority/Government
on the Bidder including any of its Joint Venture
Member.

6. A statement by the Bidder and each of the members of its Joint


Venture (where applicable) disclosing material non-performance or
contractual non- compliance in past projects, contractual disputes and
litigation/ arbitration in the recent past is given below (Attach extra sheets, if
necessary):

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ANNEX-II to Appendix I
Technical Capacity of the Bidder @
(Refer to clauses 2.3, 3.2 and 3.3 of the RFQ cum RFP)

Bidder Project Category$ Experience** Experience


type Code* Score £
(Equivalent Rs. Crore) $$

Value of Payments Payments


self- received or received
construction construction for
in Eligible of Eligible organizing
Projects in Projects in the
Category 1 Categories Eligible
2 Projects in
Categories
3 and 4

(1) (2) (3) (4) (5) (6) (7)

Single
a
entity
b
Bidder
or Lead c

Member d
including
e
other
member f
of
the
Joint
Venture

Aggregate Experience Score=

@ Provide details of only those projects that have been undertaken by the Bidder, or its Lead
Member including members in case of Joint Venture, under its own name separately and/ or by a
project company eligible under clause 3.2.1 category 1(b). In case of Category 1, include only those
projects which have an estimated capital cost exceeding the amount specified in clause 3.2.1 category
1(c) and for Category 2, include only those projects where the payments received exceed the amount
specified in Clause 3.2.1. In case the Bid Due Date falls within 3 (three) months of the close of the
latest financial year, refer to clause 2.3.11.

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* Refer Annex-IV of this Appendix-I. Add more rows if necessary.


$ Refer Clause 3.2.1.
** Construction shall not include supply of goods or equipment except when such goods or equipment
form part of a turn-key construction contract/Concession Agreement for the project. In no case shall
the cost of maintenance and repair, operation of Hotels, Convention, Exhibition or similar facility and
land be included while computing the Experience Score of an Eligible Projects under category 1 and 2
as per clause 3.2.1.

$$ For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees 50 (fifty) to a US
Dollar. In case of any other currency, the same shall first be converted to US Dollars as on the date 60
(sixty) days prior to the Bid Due Date, and the amount so derived in US Dollars shall be converted into
Rupees at the aforesaid rate. The conversion rate of such currencies shall be the daily representative
exchange rates published by the International Monetary Fund for the relevant date.

£ Divide the amount in the Experience column by one crore to arrive at the Experience Score for each
Eligible Project. In the case of an Eligible Project situated in an OECD country, the Experience Score
so arrived at shall be further multiplied by 0.5, in accordance with the provisions of clause 3.2.6, and
the product thereof shall be the Experience Score for such Eligible Projects.

NOTE:
In case of a Joint Venture, information in Annex-II and Annex-IV of Appendix-I
shall be provided separately for other Member so as to establish that such
Member has 30 percent or more of the Threshold Technical Capacity. Such
information may be provided as Annex-IIA, Annex-IIB, Annex-IVA and Annex-
IVB respectively. (Refer clause 2).

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Information required to evaluate the Bid Capacity under clause 2.3.1 (C):

To calculate the value of “A”

1. A table containing value of Civil Engineering Works in respect to EPC Projects


(Turnkey projects / Item rate contract / Construction works) undertaken by the
Bidder during the last 5 years is as follows:

Sl. No. Year Value of Civil Engineering Works


undertaken w.r.t. EPC Projects
(Rs. In Crores)

1 2014-15

2 2013-14

3 2012-13

4 2011-12

5 2010-11

2. Maximum value of projects that have been undertaken during the F.Y. ________
out of the last 5 years and value thereof is Rs._____________________Crores
(Rupees__________________________). Further, value updated to the price
level of the year indicated in Appendix is as follows:

Rs. ______ Crores X _____ (Updation Factor as per this Appendix) = Rs. _______
Crores

(Rupees______________________________________)

…………………………………… ……………………………………
…………………………………… ……………………………………
…………………………………… Name of the Statutory Auditor’s firm

Signature, Name and Designation of


Authorised Signatory
Seal of the audit firm:
……………………………………
……………………………………
For and on behalf of ……………………………………

…………………………………… (Signature, Name and Designation and


(Name of the Bidder) Membership No. of Authorised Signatory)

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To calculate the value of “B”


A table containing value of all the existing commitments and on-going workings to be
completed during the next one year is as follows:

Sr. Name of Percent Stipulated Value Value Balanc Anticipa Balanc


No. Project/ age of period of of work e ted e value
Work participa of contract complet value of date of of work
tion of completion as per ed work to completi at
Bidder as per Agreem be on 2014-15
in the Agreement ent complet price
project /LOA /LOA ed level
Rs. in Rs. in Rs. in Rs. in
Crore Crore Crore Crore
1 2 3 4 5 6 7 8 9
(3x7x#)

#Updation Factor as given below:


For Year F.Y./Calendar Updation
Year Factor
1 2014-15/2014 1.00
2 2013-14/2013 1.05
3 2012-13/2012 1.10
4 2011-12/2011 1.15
5 2010-11/2010 1.20

The Statement showing the value of all existing commitments and ongoing works as
well as the stipulated period of completion remaining for each of the works mentioned
above is verified from the certificate issued that has been countersigned by the Client
or its Engineer-in-charge not below the rank of Executive Engineer or equivalent in
respect of EPC Projects or Concessionaire / Authorised Signatory of SPV in respect
of BOT Projects.
…………………………………… ……………………………………
…………………………………… ……………………………………
…………………………………… ……………………………………

Signature, Name and Designation of Name of the Statutory Auditor’s firm:


Authorised Signatory
Seal of the audit firm:
For and on behalf of
…………………………………… (Signature, Name and Designation and
(Name of the Bidder) Membership No. of Authorised Signatory)
Date:
Place

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ANNEX-III to Appendix I

Financial Capacity of the Bidder


(Refer to clauses 2.3.1(b) and 3.4 of the RFQ cum RFP)

(In Rs. Crore$)


Bidder type Net Cash Accruals Net
Worth£
(1) Year 1 Year 2 Year 3 Year 4 Year 5 Year 1

(2) (3) (4) (5) (6) (7)

Single entity
Bidder
or Lead
Member
including
other
member of
the Joint

Venture

Total

Name & address of Bidder’s Bankers:


$ For conversion of other currencies into rupees, see note below
Annex-II of Appendix-I.
£ The Bidder should provide details of its own Financial Capacity.

Instructions:

1. The Bidder shall attach copies of the balance sheets, financial statements and
Annual Reports for 5 (five) years preceding the Bid Due Date. The financial
statements shall:

(a) reflect the financial situation of the Bidder;


(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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2. Net Cash Accruals shall mean Profit After Tax + Depreciation.

3. 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).
4. Year 1 will be the latest completed financial year, preceding the Bidding. Year 2
shall be the year immediately preceding Year 1 and so on. In case the Bid Due
Date falls within 3 (three) months of the close of the latest financial year, refer
to clause 2.3.11.
5. In the case of a Joint Venture, a copy of the Jt. Bidding Agreement shall be
submitted in accordance with clause 2.3.5 (g) of the RFQ cum RFQ document.

6. The Bidder shall also provide the name and address of the Bankers to the
Bidder.

7. The Bidder shall provide an Auditor’s Certificate specifying the Net Worth of the
Bidder and also specifying the methodology adopted for calculating such net
worth in accordance with the RFQ cum RFQ document.

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Financial Data

Bidder’s legal name …………………………Date ………………………………

Group Member’s legal name………………………… Page ……….. of ……….. Pages

Each Bidder or member of a JV must fill in this form

Sr. Description Financial Data for Latest Last 5 Years (Indian Rupees)
No.
Year Year Year Year Year
2010-11 2011-12 2012-13 2013-14 2014-15

1 Total Assets

2 Current Assets

3 Total External
Liabilities

4 Current Liabilities

5 Annual Profits
Before Taxes

6 Annual Profits After


Taxes

7 Net Worth [ = 1 - 3]

8 Working Capital
[=2 - 4]

9 Return on Equity

10 Annual turnover
(from construction)

11 Gross Annual
turnover

Attach copies of the audited balance sheets, including all related notes, income
statements for the last five audited financial years, as indicated above, complying
with the following conditions.

1. Separate Performa shall be used for each member in case of JV/Consortium.


2. All such documents reflect the financial data of the Bidder or member in case

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of JV, and not sister or Parent Company.


3. Historic financial statements shall be audited by Statutory Auditor of the
Company under their seal & stamp and shall be strictly based on Audited
Annual Financial results of the relevant period(s). No statements for partial
periods will be accepted.
4. Historic financial statements must be complete, including all notes to the
financial statements.
5. Foreign Bidders, in whose country calendar year is also the financial year,
may submit all relevant data for the last 5 years i.e. 2011, 2012, 2013, 2014
and 2015.
6. Return on Equity = Net Income / Shareholders Equity
Net Income is for the full fiscal year (before dividends paid to common stock
holders but after dividends to preferred stock).
Shareholders equity does not include preferred shares.
7. The above Annexure shall be duly certified by Chartered Accountant /
Company Auditor under his signature & stamp.

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ANNEX-IV to Appendix I

Details of Eligible Projects


(Refer to clauses 2.2, 3.2 and 3.3 of the RFQ cum RFP)

Project Code: Entity: Self/Members

Item Refer Particulars of the


(1) Instruction Project
(2) (3)

Title & nature of the project

Category 5

Year-wise 6

(a) revenues appropriated for self


construction under PPP projects ,

and/or

(b) payments received for construction

and/or

(c) Payments received for organizing the


Eligible Projects

Entity for which the project was 7


constructed / organized

Location

Project cost 8

Date of commencement of project/


contract

Date of completion/ commissioning 9

Equity shareholding (with period during 10


which equity was held)

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Instructions:

1. Bidders are expected to provide information in respect of Eligible Projects


in this Annexure. The projects cited must comply with the eligibility criteria
specified in Clauses 3.2.1 and 3.2.2 of the RFQ cum RFP, as the case may
be. Information provided in this section is intended to serve as a back-up for
information provided in the Bid. Bidders should also refer to the Instructions
below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each of the Eligible Projects.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer clause 3.2.1 and 3.2.2 of the RFQ cum RFP for category number.
6. The total payments received and/or revenues appropriated for self
construction for each Eligible Project are to be stated in Annex-II of this
Appendix-I. The figures to be provided here should indicate the break-up for
the past 5 (five) financial years. Year 1 refers to the financial year
immediately preceding the Bid Due Date; Year 2 refers to the year before
Year 1, Year 3 refers to the year before Year 2, and so on (Refer Clause
2.3.11). For Category 1 expenditure on construction of the project by the
Bidder itself should be provided, but only in respect of projects having an
estimated capital cost exceeding the amount specified in clause 3.2.1. In
case of Category 2 and payments received only in respect of construction
should be provided, but only if the amount received exceeds the minimum
specified in clause 3.2.1 and 3.2.2. Receipts for construction works should
only include capital expenditure, and should not include expenditure on
maintenance & repair.
7. In case of projects in Categories 1 and 2, particulars such as name, address
and contact details of owner/ Authority/ Agency (i.e. concession grantor,
counter party to concession, etc.) may be provided. In case of projects in
Categories 3 and 4, similar particulars of the client need to be provided.
8. Provide the estimated capital cost of Eligible Project. Refer to clauses 3.2.1
and 3.2.2
9. For Category 1, the date of commissioning of the project, upon completion,
should be indicated. In case of Category 2, date of completion of
construction should be indicated. In the case of projects under construction,
the likely date of completion or commissioning, as the case may be, shall be
indicated.
10. For Category 1, the equity shareholding of the Bidder, in the company
owning the Eligible Project, held continuously during the period for which
Eligible Experience is claimed, needs to be given (Refer Clause 3.2.1).
11. Experience for any activity relating to an Eligible Project shall not be claimed
twice. In other words, no double counting in respect of the same experience
shall be permitted in any manner whatsoever.

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12. Certificate from the Bidder’s statutory auditor$ or its respective clients must
be furnished as per formats below for each Eligible Project. In jurisdictions
that do not have statutory auditors, the auditors who audit the annual
accounts of the Bidder may provide the requisite certification.
13. The claimed experience shall also be supported documentary evidence i.e.
work orders, completion certificates, commissioning certificates, etc., duly
attested by Architect / Client / Auditor.
14. If the Bidder is claiming experience under Category 1£, it should provide a
certificate from its statutory auditor in the format below:

Certificate from the Statutory Auditor regarding PPP Projects Φ

Based on its books of accounts and other published information authenticated by it,
this is to certify that …………………….. (name of the Bidder/Member/Associate) is/
was an equity shareholder in ……………….. (title of the project company) and
holds/ held Rs.………cr. (Rupees ………………………….. crore) of equity (which
constitutes ……..%€ of the total paid up and subscribed equity capital) of the
project company from …………... (date) to …………….. (date)¥. The project was/is
likely to be commissioned on ……………. (date of commissioning of the project).

We further certify that the total estimated capital cost of the project is Rs.
…………… cr. (Rupees …………………crore), of which the Bidder has itself
undertaken the construction of project of Rs. ……… cr. (Rupees …………… crore)
excluding any part of the project for which any Concessionaire, sub-
Concessionaire or other agent was appointed for the purpose of construction as
per Clause 3.2.1 Category 1 (d) by the aforesaid Bidder itself, during the past five
financial years as per year-wise details noted below:
………………………
………………………

Name of the audit firm:


Seal of the audit firm: (Signature, name and designation of the authorised
signatory)
Date:

13. If the Bidder is claiming experience under Category 2 ♣, it should


provide a certificate from its statutory auditors or the client in the format
given below:

$
In case duly certified audited annual financial statements containing the requisite details are provided, a separate
certification by statutory auditors would not be necessary.
£
Refer Clause 3.2.1 of the RFQ.
Φ
Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory auditor
means the entity that audits and certifies the annual accounts of the company.

Refer instruction no. 10 in this Annex-IV.
¥
In case the project is owned by the Bidder company, this language may be suitably modified to read: “It is certified that
…………….. (name of Bidder) constructed and/ or owned the ………........................….. (name of project) from
………………. (date) to ………………… (date).”

Refer Clauses 3.2.1 and 3.2.2 of the RFQ cum RFP.

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Certificate from the Statutory Auditor/ Client regarding construction


works♦
Based on its books of accounts and other published information authenticated by
it,
{this is to certify that …………………….. (name of the Bidder) was engaged by
……………….. (title of the project company) to execute ……………… (name of
project) for …………………. (nature of project)}. The construction of the project
commenced on ………….. (date) and the project was/ is likely to be
commissioned on …………… (date, if any). It is certified that Bidder received
payments from its Clients for Construction Works executed by them, in the
aforesaid construction works.

We further certify that the total estimated capital cost of the project is Rs. …… cr.
(Rupees …………………crore), of which the Bidder received Rs.………… cr.
(Rupees ……………………… crore), in terms of Clauses 3.2.1 and 3.2.2 of the
RFQ, during the past five financial years as per year-wise details noted below:
………………………
………………………
It is further certified that the receipts indicated above are restricted to the share of
the Bidder who undertook these works as a partner or a member of joint venture/
consortium.♠

We further certify that Bidder has a share of _____% in the Joint


Venture/Consortium.

Name of the audit firm:


Seal of the audit firm: (Signature, name and designation of the authorised
signatory).

Date:

14. It may be noted that in the absence of any detail in the above certificates,
the information would be considered inadequate and could lead to
exclusion of the relevant project in computation of Experience Score Φ.


Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory auditor means
the entity that audits and certifies the annual accounts of the company.

This certification should be strike out in case of jobs/ contracts, which are executed a sole firm. The payments indicated in the
certificate should be restricted to the share of Applicant in such partnership/ joint venture. This portion may be omitted if the
contract did not involve a partnership/ joint venture. In case where work is not executed by partnership/ joint venture, this
paragraph may be deleted.

Φ
Refer Clause 3.2.5 of the RFQ cum RFP.

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ANNEX-V to Appendix I

Statement of Legal Capacity


(To be forwarded on the letterhead of the Bidder / Lead Member of Joint Venture)

Ref. Date:

To,

General Manager,
Tourism Corporation of Gujarat Limited
Block No. 16, 4th Floor, Udyog Bhavan,
Sector 11, Gandhinagar – 382011

Dear Sir,

We hereby confirm that we/ our members in the Joint venture (constitution of
which has been described in the Bid) satisfy the terms and conditions laid out
in the RFQ cum RFP document.

We have agreed that ______________ (insert member’s name) will act as


the Lead Member of our consortium.*

We have agreed that ____________ (insert individual’s name) will act as


our representative/will act as the representative of the Joint venture on its
behalf* and has been duly authorized to submit the RFQ cum RFP. Further,
the authorised signatory is vested with requisite powers to furnish such letter
and authenticate the same.

Thanking you,

Yours faithfully

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………….

* Please strike out whichever is not applicable.

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APPENDIX II

Power of Attorney for signing of Bid

(Refer clause 2.3.4)

Know all men by these presents, We……………………………………………..


(name of the firm and address of the registered office) do hereby irrevocably
constitute, nominate, appoint and authorise Mr/Ms
(name),………………………………………… son/daughter/wife of
………………………………………… and presently residing at
…………………., who is presently employed with us/ the Lead Member of our
Joint Venture 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 application for pre-
qualification and submission of our Bid for the Development of Exhibition and
Convention Centre with allied facilities at Village Harni, Vadodara in the
State of Gujarat (“Project”) proposed or being developed by the Tourism
Corporation of Gujarat Limited (the “Authority”) including but not limited to
signing and submission of all applications, Bids and other documents and
writings, participate in Pre-Bids and other conferences and providing
information/responses to the Authority, representing us in all matters before the
Authority, signing and execution of all contracts including the Concession
Agreement and undertakings consequent to acceptance of our Bid, and generally
dealing with the Authority 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 the Authority.

AND we 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.

IN WITNESS WHEREOF WE, …..…………………………., THE ABOVE NAMED


PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ………
DAY OF …………. 2…..

For

…………………………..

(Signature, name, designation and address)

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Witnesses:

1.
(Notarised)
2.

Accepted

……………………………
(Signature)

(Name, Title and Address of the Attorney)

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 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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APPENDIX III

Power of Attorney for Lead Member of Joint Venture

(Refer Clause 2.3.5)

Whereas the ***** (“the Authority” has invited Bids from interested parties
for the *** Project (the Project”).

Whereas,______________,_____________, _______, and


_____________ (collectively the “Joint Venture”) being Members of the
Joint Venture are interested in Bidding for the Development of Exhibition
and Convention Centre with allied facilities at Village Harni, Vadodara in
the State of Gujarat (“Project”) in accordance with the terms and conditions
of the RFQ cum RFP and other Bid documents including agreement in
respect of the Project, and

Whereas, it is necessary for the Members of the Joint Venture to designate


one of them as the Lead Member with all necessary power and authority to
do for and on behalf of the Joint Venture, all acts, deeds and things as may
be necessary in connection with the Joint Venture’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 _____________________, M/s.
______________________ having our registered office at
___________________,and _______________________ having our
registered office at _______________________ (hereinafter collectively
referred to as the “Principals”) do hereby irrevocably designate, nominate,
constitute, appoint and authorize M/s ____________________________
having its registered office at _______________________, being one of
the Members of the Joint Venture, as the Lead Member and true and
lawful attorney of the Joint Venture (hereinafter referred to as the
“Attorney”). We hereby irrevocably authorise the Attorney (with power
to sub- delegate) to conduct all business for and on behalf of the Joint
Venture and any one of us during the Bidding process and, in the
event the Joint Venture is awarded the contract, during the execution of
the Project and in this regard, to do on our behalf and on behalf of the Joint
Venture, all or any of such acts, deeds or things as are necessary or
required or incidental to the pre-qualification of the Joint Venture and
submission of its Bid for the Project, including but not limited to signing
and submission of all Bids, Bids and other documents and writings,
participate in pre Bid and other conferences, respond to queries, submit
information/ documents, sign and execute contracts and undertakings
consequent to acceptance of Bid of the Joint Venture and generally to
represent the Joint Venture in all its dealings with the Authority, and/ or
any other Government Agency or any person, in all matters in

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connection with or relating to or arising out of the Joint Venture’s Bid


for the Project and/ or upon award thereof till the Concession Agreement
is entered into with the Authority & Compelled.

AND 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/ Joint Venture.

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)

(Executants)

(To be executed by both the Members of the Joint Venture)

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.

Also, wherever required, the Bidder should submit for verification the extract
of the charter documents and documents such as a board or shareholders’

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resolution/power of attorney in favour of the person executing this Power of


Attorney for the delegation of power hereunder on behalf of the Bidder.

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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APPENDIX IV
Bank Guarantee for Bid Security
(Refer clauses 2.28)

B.G. No. Dated:


1. In consideration of you, Tourism Corporation of Gujarat Limited (TCGL),
having its office at Block No. 16, 4th Floor, Udyog Bhavan, Sector 11,
Gandhinagar – 382011, (hereinafter referred to as the “Authority”, which
expression shall unless it be repugnant to the subject or context thereof
include its, successors and assigns) having agreed to receive the Bid of
________ [a Company registered under provision of the Companies Act,
1956/2013] and having its registered office at _____ [and acting on behalf
of its JV] (hereinafter referred to as the “Bidder” which expression shall
unless it be repugnant to the subject or context thereof include its/their
executors administrators, successors and assigns), for the Development of
Exhibition and Convention Centre with allied facilities at Village Harni,
Vadodara in the State of Gujarat Project on [DBO] basis (hereinafter
referred to as “Project”) pursuant to the RFQ cum RFP Document dated
____________ issued in respect of the Project and other related
documents including without limitation the Draft Concession Agreement
(hereinafter collectively referred to as “Bidding Documents”), we [Name of
the Bank] having our registered office at_____ and one of its branches at
________ (hereinafter referred to as the “Bank”), at the request of the
Bidder, do hereby in terms of the RFQ cum RFP Document, irrevocably,
unconditionally and without reservation guarantee the due and faithful
fulfillment and compliance of the terms and conditions of the Bidding
Documents (including the RFQ cum RFP Document) by the said Bidder and
unconditionally and irrevocably undertake to pay forthwith to the Authority an
amount of Rs. 80,00,000 (Rupees Eighty Lakhs only) as Bid security
(hereinafter referred to as the “Bid Security”) as our primary obligation
without any demur, reservation, recourse, contest or protest and without
reference to the Bidder if the Bidder shall fail to fulfill or comply with all or any
of the terms and conditions contained in the said Bidding Documents.

2. Any such written demand made by the Authority stating that the Bidder is in
default of the due and faithful fulfillment and compliance with the terms and
conditions contained in the Bidding Documents shall be final, conclusive and
binding on the Bank.

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due
and payable under this Guarantee without any demur, reservation,
recourse, contest or protest and without any reference to the Bidder or any
other person and irrespective of whether the claim of the Authority is disputed
by the Bidder or not merely on the first demand from the Authority stating that

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the amount claimed is due to the Authority by reason of failure of the Bidder to
fulfill and comply with the terms and conditions contained in the Bidding
Documents including failure of the said Bidder to keep its Bid open
during the Bid validity period as set-forth in the said Bidding Documents for
any reason whatsoever. Any such demand made on the Bank shall be
conclusive as regards amount due and payable by the Bank under this
Guarantee. However, our liability under this Guarantee shall be restricted to
an amount not exceeding Rs. 80,00,000 (Rupees Eighty Lakhs only).

4. This Guarantee shall be irrevocable and unconditional and remain in full


force for a period of 180 (one hundred and eighty) days from the Bid Due
Date inclusive of a claim period of 60 (sixty) days or for such extended period
as may be mutually agreed between the Authority and the Bidder, and
agreed to by the Bank, and shall continue to be enforceable till all
amounts under this Guarantee have been paid.

5. We, the Bank, further agree that the Authority shall be the sole judge to
decide as to whether the Bidder is in default of due and faithful fulfillment
and compliance with the terms and conditions contained in the Bidding
Documents including, inter alia, the failure of the Bidder to keep its Bid
open during the Bid validity period set forth in the said Bidding
Documents, and the decision of the Authority that the Bidder is in default
as aforesaid shall be final and binding on us, notwithstanding any differences
between the Authority and the Bidder or any dispute pending before any
Court, Tribunal, Arbitrator or any other Authority.

6. The Guarantee shall not be affected by any change in the constitution or


winding up of the Bidder or the Bank or any absorption, merger or
amalgamation of the Bidder or the Bank with any other person.

7. In order to give full effect to this Guarantee, the Authority shall be entitled to
treat the Bank as the principal debtor. The Authority shall have the fullest
liberty without affecting in any way the liability of the Bank under this
Guarantee from time to time to vary any of the terms and conditions contained
in the said Bidding Documents or to extend time for submission of the Bids or
the Bid validity period or the period for conveying acceptance of Letter of
Award by the Bidder or the period for fulfilment and compliance with all or any
of the terms and conditions contained in the said Bidding Documents by the
said Bidder or to postpone for any time and from time to time any of the
powers exercisable by it against the said Bidder and either to enforce or
forbear from enforcing any of the terms and conditions contained in the said
Bidding Documents or the securities available to the Authority, and the Bank
shall not be released from its liability under these presents by any exercise by
the Authority of the liberty with reference to the matters aforesaid or by

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reason of time being given to the said Bidder or any other forbearance, act or
omission on the part of the Authority or any indulgence by the Authority to the
said Bidder or by any change in the constitution of the Authority or its
absorption, merger or amalgamation with any other person or any other
matter or thing whatsoever which under the law relating to sureties would but
for this provision have the effect of releasing the Bank from its such liability.

8. Any notice by way of request, demand or otherwise hereunder shall be


sufficiently given or made if addressed to the Bank and sent by courier or by
registered mail to the Bank at the address set forth herein.

9. We undertake to make the payment on receipt of your notice of claim on us


addressed to [name of Bank along with branch address] and delivered at our
above branch who shall be deemed to have been duly authorised to receive
the said notice of claim.

10. It shall not be necessary for the Authority to proceed against the said Bidder
before proceeding against the Bank and the guarantee herein contained shall
be enforceable against the Bank, notwithstanding any other security which the
Authority may have obtained from the said Bidder or any other person and
which shall, at the time when proceedings are taken against the Bank
hereunder, be outstanding or unrealised.

11. We, the Bank, further undertake not to revoke this Guarantee during its
currency except with the previous express consent of the Authority in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge
the obligations contemplated herein, the undersigned is duly authorised and
has full power to execute this Guarantee for and on behalf of the Bank.

13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be
restricted to Rs. 80,00,000 (Rupees Eighty Lakhs only). The Bank shall be
liable to pay the said amount or any part thereof only if the Authority serves a
written claim on the Bank in accordance with paragraph 9 hereof, on or before
[*** (indicate date falling 180 days after the Bid Due Date)].

Signed and Delivered by _____________Bank


By the hand of Mr./Ms _______, its ____________ and authorised official.

(Signature of the Authorised Signatory)

(Official Seal)

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APPENDIX V
Joint Bidding Agreement
(Refer clause 2.3.5(g))

(To be executed on Stamp paper of appropriate value)

THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day
of ………,20....…

AMONGST

1. {………… Limited, a company incorporated under the Companies Act,


1956/2013} 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,


1956/2013} 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, {SECOND } PART are collectively
referred to as the “Parties” and each is individually referred to as a “Party”

WHEREAS

(A) Tourism Corporation of Gujarat Limited (TCGL), established and


incorporated under the companies act 1956, represented by its
General Manager and having its principal office at Block No. 16, 4th
Floor, Udyog Bhavan, Sector 11, Gandhinagar – 382011
(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 Qualification-cum-Request for Proposal No. TCGL-
*** /20**/ *** dated **.**.20** (the “RFQ cum RFP”) for selection of
Bidders for designing, engineering, procurement, Construction and
operations of Exhibition and Convention Centre with allied facilities
at Village Harni, Vadodara in the State of Gujarat (the “Project”)
through Concession Agreement.

(B) The Parties are interested in jointly Bidding for the Project as
members of a Joint Venture and in accordance with the terms and

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conditions of the RFQ cum RFP document and other Bid documents
in respect of the Project, and

(C) It is a necessary condition under the RFQ cum RFP document that
the members of the Joint Venture shall enter into a Joint Bidding
Agreement and furnish a copy thereof with the Bid.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

In this Agreement, the capitalised terms shall, unless the context otherwise
requires, have the meaning ascribed thereto under the RFQ cum RFP.

2. Joint Venture

2.1 The Parties do hereby irrevocably constitute a Joint Venture (the “Joint
Venture”) for the purposes of jointly participating in the Bidding Process for
the Project.

2.2 The Parties hereby undertake to participate in the Bidding Process only
through this Joint Venture and not individually and/or through any other Joint
Venture constituted for this Project, either directly or indirectly.

3. Covenants

The Parties hereby undertake that in the event the Joint Venture is declared
the Preferred Bidder and awarded the Project in terms of the RFQ cum RFP,
it shall enter into a Concession Agreement with the Authority for performing all
its obligations as the Concessionaire 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 Joint Venture
and shall have the power of attorney from all Parties for conducting all
business for and on behalf of the Joint Venture during the Bidding
Process and thereafter during the term of the Concession Agreement
[in case selected for award of Project];
{(b) Party of the Second Part shall be the Member of the Joint Venture;}

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5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Project in accordance with the terms
of the RFQ cum RFP and the Concession Agreement, till such time as the
completion of the Project (“Lock-in Period”) is achieved under and in
accordance with the Concession Agreement. No change in composition of the
Preferred Bidder/Consortium shall be made for the Lock-in Period from the
Commercial Operation Date.

6. Share of work in the Project

The Parties agree that the proportion of construction in the Concession


Agreement to be allocated among the members shall be as follows:

First Party:

{Second Party: }
Further, the Lead Member shall itself undertake and perform at least 30 (thirty)
per cent of the total project Cost if the Contract is allocated to the Joint
Venture.

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 organized, 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 Joint Venture 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;

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(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, judgement, 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.

8. Termination

This Agreement shall be effective from the date hereof and shall continue in
full force and effect until the expiry or earlier termination of the Concession
Agreement , in case the Project is awarded to the Joint Venture. However, in
case the Joint Venture is either not qualified for the Project or does not get
selected for award of the Project, the Agreement will stand terminated in case
the Bidder is not qualified or upon return of the Bid Security by the Authority to
the Bidder, as the case may be.

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.

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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 For and on behalf of
LEAD MEMBER by: 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.

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 Joint Venture Member.

3. 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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APPENDIX VI
Master plan of Project components
In the area admeasuring about 8 hectares (19.76 acres)

A Master plan of the Project area along with the maps, drawings and detailed
specifications need to be attached, including the following:

(a) Land use Plan of all public facilities


(b) Plan for Disposition of Public Facility Products & Activities
(c) Scheme Layout for Public Open Spaces
(d) Circulation Plan and Parking Facilities
(e) Plan for the disposition of proposed tourism & recreational facilities

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APPENDIX VII

Term sheet of Project components

Format of submission for each proposed product specifying the below:

S. No. Proposed Product Area Capacity Cost (in Rs. Cr.)


1. Exhibition Hall
2. Conference Halls (1 and 2)
3. Auditorium
4. Open Art Gallery
5. Open Lawn
6. Admin Building
7. Security office and
registration counter
8. Utility Building
9. Food Court
10. Drivers’ Rest room
11. Roads
12. Compound wall
13. Pavement and Landscaping
area
14. UG tank, OHT, Fire fighting
system, pump room

* The list given up is suggestive and not exhaustive. Bidders are requested to
revise / modify the list in compliance with the Minimum Developmental Obligations
(MDO) given in clause 1.1.1 under Bid Summary.

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APPENDIX VIII

Implementation schedule of Project components

1. Please include a PERT chart outlining the various activities prior to start of
construction and during the construction so that the Project can be completed
within specified time.
2. Please also include a Project organisation (with details of key personnel).

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APPENDIX IX

Operation and Maintenance plan of Project components

 This shall include strategy to be adopted by the Bidder in maintenance of


Project area Precincts.

 Description of maintenance standards.

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APPENDIX X

Environment Management Plan of Project components

This shall include approach and methodology to be adopted by the Bidder in


Managing the Project area environment with specific reference for

(a) Water conservation


(b) Energy Conservation
(c) Wastewater Management
(d) Solid Waste Management etc.

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Appendix XI
Sample format for Price Bid
[Price Bid not to be submitted physically. Price Bid is required to be submitted online through
nprocure.com]
Date:
To,
The General Manager,
Tourism Corporation of Gujarat Limited,
Block No. 16, 4th Floor, Udyog Bhavan,
Sector 11, Gandhinagar – 382 011

Subject: Price Bid for Development of Exhibition and Convention Centre with
allied facilities at village Harni, Vadodara in the state of Gujarat

Dear Sir,
As a part of the Bid for the Development of Exhibition and Convention Centre at
village Harni, Vadodara, Gujarat, we hereby submit the following offer to the TCGL,
for the Concession Period of 26 years 3 months (including construction period of 15
(fifteen) months).
S.No. Particulars Amount (in INR figure)
A Annual Premium
B Upfront Amount for Project construction
** Taxes shall be payable additionally.
We agree that the ‘Annual Premium’ quoted by us is the yearly premium to be paid
by us to the Authority in respect of the Concession offered by the Authority to the
Concessionaire in terms of this RFP and Concession Agreement. The amount
quoted by us and accepted by the Authority, shall be escalated by 15% (fifteen
percent) every three years on compounding basis and shall become payable
annually for entire Concession Period of 26 years and 3 months starting from
Commercial Operation Date as defined in the Draft Concession Agreement. The
Annual Premium shall be paid by us in advance every year. In addition, Taxes as
applicable shall also be payable by us.
We abide by the above offer and all other terms and conditions of the RFP, if TCGL
selects us as the Preferred Bidder.

Yours faithfully,
__________________

(Signature of Authorized Signatory)

(Name, Title, Address, Date)

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APPENDIX XII

Guidelines of the Department of Disinvestment

(Refer clause 1.2.1)

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 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.

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(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

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APPENDIX XIII
Brief Project Profile
1.0 Project Background

Tourism Corporation of Gujarat Limited (TCGL) on behalf of Department of


Tourism (DoT), Gujarat with a view to establish Vadodara on MICE tourism
map of India, has identified a land parcel admeasuring about 8 ha (19.76
acres) in Vadodara. TCGL proposes to develop the Exhibition and
Convention Centre along with support infrastructure (like parking, etc.)
incidental to the use of the proposed components at identified site in an area
spread over about 8 ha (19.76 acres) (in which part of the site is falling
under the Funnel zone of Vadodara Airport).

2.0 About Vadodara

Vadodara, the third largest city in Gujarat after Ahmedabad and Surat and is
located in southern part of Gujarat on the banks of river Vishwamitri. The
population of Vadodara (Municipal Corporation + Urban Agglomeration) was
17.52 Lakhs (2011).

Vadodara is a key destination in the ‘Golden Corridor’ or ‘Delhi-Mumbai


Industrial Corridor’. Located Strategically, Vadodara is attracting huge
industrial investments and is rapidly expanding. From Chemicals &
Fertilizers, Pharmaceuticals, Biotechnology to Engineering, Power, Dairy,
Cotton textiles and Tobacco, various Industrial clusters are thriving in
Vadodara. The economic characteristic of Vadodara highlights the presence
of large corporate base and thus provides a potential market for Convention
& Business Tourism.

Vadodara District Map

Kheda

Panch Mahals
Samli

Anand

Vagholia
Vadodara

Padara
Chhota Udaipur
Dabhoi

Bharuch Karjan Sinor

Narmada

Gujarat State Map

3.0 Site Characteristics

This section describes the site for the proposed project. Total area of site
earmarked for the development of Exhibition and Convention Centre is
approximately 8 ha (19.76 Acres) and bears Survey No. 587/A. Figure
followed shows the site, in reference to major land marks in proximity.

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Proposed site for


Exhibition &
Convention Center

3.1 Physical Characteristic of Site:

 Shape: The site admeasures 8 ha (19.76 Acres) and is slightly irregular


in shape that can be easily taken care of by proper architectural
designing. The topography of the land appears to slope towards south.
The site has the appropriate size and topography to allow for the
development of planned Exhibition and Convention center.
 Vegetation: Presently site has a vegetative cover primarily shrubs,
which can be easily cleared for any development purpose.

3.2 Site Connectivity


Site is well connected through all means of transportation. Following section
details out the site connectivity. Fi0:
Site
Dim
ensio
ns
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 Road Connectivity: Site is strategically located in the periphery of the


city. The site is abuts NH-8 which connects Vadodara to Mumbai via
Surat at one side and Delhi through Ahmedabad at another side. Halol
Expressway connecting Vadodara with Halol and Godhra is also passing
in proximity to the site. Another road connects the site from the other
side via RTO to NH-8. The subject site has a frontage of about 300m
and enjoys a high degree of visibility from the approach road.
 Air Connectivity: The site is located adjacent to Vadodara airport.
Vadodara has better air connectivity having direct multiple flights to
major metros like Mumbai & Delhi. Key airline operators include Jet
Airways, Air India, Indigo Airlines. Presently airport operates flights to
Delhi and Mumbai on daily basis.
 Railway Connectivity: Vadodara Railway Station is just 10 km from the
proposed site. One of the busiest routes in the country. Delhi Mumbai
rail link passes through Vadodara and hence provides better
connectivity by linking it with rest of the country.

4.0 Neighbourhood Characteristics


The proposed site is in close proximity to NH-8 and Vadodara Halol
Expressway; both the roadways are earmarked with heavy vehicular
movements. Presently most of the developments in the adjoining
neighborhood have emerged, catering to this sector in terms of logistics,
warehouse, workshop etc. The following figure gives the neighborhood
characteristic of the site within 5 km radius from the site. RTO office other
development have also come-up in the vicinity recently.

1: Golden Tobacco
2: GEB Colony Asoj
3: Airforce Land
4: APMC
5: Madhavnagar Township
6: Sagar Film City
7: American School of Baroda
2
20 8: Laxmi Film City
9: Residential Societies
10: L&T Knowledge City
19 1 11: L&T EAOC
SITE 3 12: EB I.T.I.
16 13: Leprosy Hospital
14: Residential development
18 4 5 15: Siemens Factory
17 16: Vadodara Airport
6 17: BSNL Colony, Posts colony,
15
7 Postal Training Centre
8 9 18: Metro Hospital
12 19: Baroda Country Club
NH 8

14
13 20: Farmhouses, bungalows
10 11

5.0 Applicable Development Controls

The proposed site for development of Exhibition and Convention Centre falls
in the purview of Vadodara Urban Development Authority (VUDA).

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Accordingly all the Development controls Regulations viz. Abutting Road


Width, Permissible Floor Space Index (FSI), Set Backs, Specifications for
Parking, Area Statements, etc. applicable to the site shall conform to the
“General Development Control Regulations 2012” issued by Vadodara
Urban Development Authority.

6.0 Implications of Air Funnel Zone

 The proposed site falls in the


approach Air Funnel Zone of
Runway No. 22, thus any
development proposed shall be
in consensus with the Airports
Authority of India Regulations.
The implication of Air Funnel
Zone over the proposed site is
detailed below and is purely
based on the interactions with
officials of Airports Authority of
India, however during
implementation of the project,
the Preferred Bidder /
Concessionaire shall
independently obtain the height
clearances NOC (No Objection Certificate) from AAI. TCGL will provide all non-
financial assistance to the Preferred Bidder / Concessionaire in addressing any
regulatory issues and in getting approvals from AAI or any other Government
Agency.

As per the VUDA Master plan 2011, this area falls in Commercial Land use
zone. However the site being in close proximity to Runway No. 22, any
development on this site shall also conform to the regulations laid by Airports
Authority of India.

Options have to be explored for development on the subject site and achieving
maximum built-up area, considering the AAI norms for Building height and also
keeping in mind the market potential.

7.0 Project Positioning, Sizing and Phasing

7.1 Project Positioning

The Project components proposed have been suggested keeping in view


functionality and viability of the Exhibition and Convention Centre and
provide for an integrated urban development, which would enhance the
“destination” value for visitors and residents of the State. For the Exhibition
Centre and Convention Centre to run successfully either a strong
commercial market or tourism market are needed.

In addition to this, development of commercial & Retail Zone along with

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Entertainment and Leisure Zone as an integrated facility within the site


premises are also suggested which will enhance the viability & attractiveness
of the Project.

7.2 Project Sizing (tentative)

Various project components and its sizing has been suggested (tentative
only) so as to address present market demand factors and project scale. The
proposed project at Vadodara will be the first of its kind in Gujarat, offering
state-of-art exhibition, meeting and convention services, along with allied
facilities like etc. The following table gives the details of project configuration
and sizing.

Sr. Project Component Tentative Builtup


No. Area
at an expected cost of about Rs. 80 Crore
Exhibition and Convention Centre
(i) Three indoor exhibition halls of minimum 5000 15000 sq. m
sq.m. of exhibition area each
(ii) Conference Hall - 2000 pax 3000 sq. m
(iii) Conference Hall - 1000 pax (divisible into 2 of 1500 sq. m
capacity of 500 pax each)
(iv) Auditorium – 500 pax 750 sq. m
(v) Open Art Gallery 5000 sq. m.
(vi) Open Lawn 5000 sq. m.
(vii) Other facilities including Admin building,
security office and registration counter, utility
building, food court, drivers’ rest room
(viii) Area for Parking, Internal Roads, & support
infrastructure

7.3 Project Structuring & Implementation Structure

In addition to the development controls, this chapter presents certain


parameters and guidelines for development. The developer may have to
obtain the following Clearances and approvals prior to commencement of
work.

a) No Objection Certificate From Airports Authority of India


The proposed site falls in the air funnel zone. Any development on this site
shall conform to the Regulations and height restrictions of Airports Authority
on India. Once the detailed drawings of the buildings and site plans are
finalised, the same shall be submitted to AAI for obtaining NOC Certificate.
TCGL will provide all non-financial assistance to the Preferred Bidder /
Concessionaire in addressing any regulatory issues and in getting approvals
from AAI or any other Government Agency.

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b) Off Site Infrastructure


The offsite Infrastructure (Roads, Power and Water) are being provided by
VMC / VUDA / GWSSB / Power supply board. The Preferred Bidder /
Concessionaire would be required to apply to the concerning Authorities and
obtain the necessary approvals on his own.

c) Other Clearances / Sanctions


It shall be the responsibility of the Preferred Bidder / Concessionaire to
procure all such necessary approvals / permits / clearances that are required
before, during or after the Construction and during the Operation and
Maintenance period at its own cost.

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Appendix XIV
General Development Guidelines

DEVELOPMENT BRIEF:
The responsibility of the Preferred Bidder / Concessionaire shall include all activities
that are required to be undertaken in order to comply with the Construction of the
Facility, Land Use and the Applicable Development Control. The facility would need
to be planned, designed and constructed, operated and maintained in accordance
with the broad Specifications & Standards and Maintenance & Performance
Standards provided in this section of the RFP.
1.1 Project Scope :
This project is conceived as a planning, designing and construction, operation
and maintenance of the Exhibition and Convention Centre along with support
infrastructure. A site of about 8 ha (19.76 acres) has been considered for the
development of these Project facilities. The Concessionaire will be required to
transfer of these Project facilities after the expiry of Concession Period as per
the terms and conditions stipulated in the Concession Agreement. The
Concession Period shall include Construction Period.
DEVELOPMENT CONTROL
The development of Project site shall be in accordance with the VUDA/ TCGL/ Local
Authority Building Bylaws and Development Control Rules & Regulation, as
applicable.
SPECIFICATION AND STANDARDS
1. Preamble:
The following specifications and standards cover only some of the minimum
requirements for the development. The Concessionaire shall design,
construct, operate, maintain and manage the proposed Exhibition and
Convention Centre Facility strictly conforming to the relevant code/s of Bureau
of Indian standards, the best industry practices and internationally acceptable
norms. Whether the requirements are explicitly stated or not in the RFP
documents, the Bidders must note that TCGL envisages a world class facility
in all respects and expects a truly international quality and standards from the
Selected Bidder, as the binding contractual obligation.
2. Site Development related specifications:
i. The Bidder should provide landscaping, internal road network and parking
areas within the site.
ii. The internal paving to be a combination of black top road, concrete paving
blocks, interlocking paving blocks, landscaped garden and green areas
iii. All internal roads for vehicular traffic should be at least 7m wide two lane
and 4m wide single lane.
iv. The internal road network and parking area should be designed and built
in such a way that the vehicles destined to the proposed Exhibition and
Convention Centre are not parked on the public roads leading to the

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Exhibition and Convention Centre.


v. Rain / storm water shall be drained with a network of Reinforced Cement
Concrete (RCC) drains.
3. Civil and Structural Requirements
i. The buildings shall be designed in accordance with the latest Bureau of
Indian Standard Codes and shall be designed to withstand wind and
seismic forces.
ii. RCC structures shall be designed as per IS 456: 2000
iii. Steel structures shall be designed in accordance with the provisions of IS
800:1984. Structural steel shall conform to IS 2062:2006. Tubular sections
would conform to IS - 4923. Structural joints shall conform to IS
4000:1992.
iv. Bidder is advised to carry out its own tests and investigations related to
soil condition, strata, bearing capacity and other characteristics.
4. Convention / Exhibition Hall Specifications:
i. Height
The height for the facility should be in accordance with present market
requirements and at all times should be in conformity with the guidelines of
Local Development Authority / instructions issued by AAI to take care of
Funnel Zone requirement. Atleast one of the three exhibition hall (of area
5000 sq. m.) should have minimum height of 20 metres in the center for
multi-purposes specially involving display of machinery and other related
equipments.
ii. Floor Loading
The Floor Loading should be designed so as to take care of the loading
requirements.
iii. Operable Walls
The larger halls should be able to be partitioned into smaller single
independent halls by operable walls.
iv. Telephone/ Data-lines
a. One to four extensions per service pit, with over 100 available in total
per hall, accessed by service pits on a 6 meter x 6 meter (20 feet x 20
feet) grid.
b. Four outlets per pit on a 6 meter x 6 meter (20 feet x 20 feet) grid.
c. Single-mode and multi-mode fiber backbone to BD/FD.
v. Power
Maximum load should be 1000 amps 3 phase. There should be electrical
service pits per hall on a 6 meter x 6 meter grid. Each electrical service pit
should have one (1) 32 amp 3 phase neutral and earth switch plug socket.
Each hall should have access to one (1) 300 amp and five (5) 125 amp 3
phase neutral and earth linked boxes for electrical load exceeding the
service pit outlets capacity. All pits should be linked by a 50 mm conduit in

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the slab. Service Pit Covers in Halls and the corridors shall be made of
metal plate in accordance with safety standards.
vi. If Retractable Seating are provided
The minimum specifications for retractable seating are as follows:
a. Power Assist for System Operations
b. Semi-Automatic for Chair operation
The provision shall be made in accordance with relevant standards for
building, materials and fire safety.
vii. Equipment and Audio Visual System
a. Provision for Simultaneous Interpretation Systems (SIS) shall be made
in the Multi-Purpose Conference Hall. Minimum requirements for SIS
are an interpreter's control unit, and 1 tabletop transmitter per target
language, 1 receiver and headphone, or headset per participant. The
booths can either be fixed or mobile. Provision shall be made for upto 6
language interpretation booths with required Nos. of Wireless IR
Receivers with headphones for reception of simultaneous language
interpretation. The equipments can be radio or infrared frequency
equipment. The Concessionaire shall comply with the relevant
international standards for all the equipments.
b. Sound Reinforcement system for the entire hall suitable for Speech /
Light music, seminars, lectures, presentations etc.
c. Rear projection Screens & LCD Projector for detailed presentations of
all formats of video from presentations to motion picture.
d. Auto dome CCD Cameras for capturing live video of the stage
proceedings and project on the main screen display.
e. Video Distribution of the proceedings of the Hall to the entire
Convention Centre through various Plasmas & TV placed at selected
locations / rooms.
f. State-of-art Digital Congress Network, equipped with Chairman &
Delegate microphone units enables conferences & discussion
seminars.
g. DVD Recorders enable recording & Storage of all the interpreted
languages or floor language along with video directly on the DVD.
h. Wired microphones for Podium or stage applications.
i. Upto 10 Wireless microphones, either handheld tie-clip for wire-free
application of microphone source.
j. 16 Channel Microphone mixing console to manage various I/P sources
from the control room.
k. DVD Players, VCRs, Music Sources.
l. Provisions for Inputs from various I/O devices like laptops, documents
cameras, slide projectors, etc. through the interface plates in the floor
boxes.

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m. Provisions for various inputs / Outputs from above the truss for more
LCD Projectors, motorized screens etc. through interface modules
placed above the bars.
n. Touch Screen control / monitoring of the AV equipment in the entire
convention hall enable the use of multiple equipment at the touch of a
single button.
o. Ceiling Speaker
5. Acoustics:
The partition between two meeting halls should have a Sound Transmission
Coefficient (STC) of 70 dB measured with dual-channel spectrum analyzers
as per ISO 140.
The ideal reverberation time should be around 1.25 seconds in unoccupied
state, measured as per ISO 3382.
6. Exit Facilities in Convention Facility:
i. Door widths shall not be less than 2 m wide, or
ii. Sufficient number and locations of exits shall be provided for the total
capacity as per the NBC.
7. Air Conditioning:
The Convention Centre and other components shall be provided with Air-
Conditioning as per the relevant standards and specifications of NBC, BIS
and other recognised international standards.
8. Support Facilities for Convention Facility:
Appropriate provisions in line with the national standards like NBC, BIS,
recognized International Standards and the best Industry Practices will have
to be made by the Concessionaire based on detailed architectural & structural
designs.
9. Signages in Convention Facility:
The Concessionaire shall provide signages so as to facilitate necessary
information to the visitors regarding amenities and their location. The signage
would be provided separately;
i. Information Signs,
ii. Facility Signs, and
iii. Other Signs.
10. Parking Area:
i. Provision of Car parking (in covered/ open/basement), (Conventional /
Mechanical) shall be made, as per Local Bye-Laws.
ii. The Minimum bay dimensions per car space shall be made as per Local
Bye-Laws for basement parking and above ground parking facilities.
iii. Minimum carriageway of pavement for circulation space within parking
facilities shall be 4 m if one-way and 6m if two-way.
iv. All parking spaces shall be paved to withstand vehicle loads and forces
due to frequent acceleration and deceleration of vehicles. Parking

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

bays/lots shall have proper cross slope and drainage. They shall be
marked with paint as per Indian Standards to demarcate parking and
circulation space.
11. Support Facilities and Amenities:
The Concessionaire shall provide all the necessary support facilities and
amenities conforming to the development controls and meeting the relevant
Indian and international standards.
12. Fire Fighting Facilities:
The Concessionaire shall provide the required firefighting equipment and
facilities including fire exits, fire proof doors, etc conforming to the relevant
standards and the applicable rules and regulations.
13. Facilities for Physically Challenged Persons:
The Concessionaire shall provide all the necessary facilities to the entry/ exit,
seating and movement of physically challenged persons including wheel
chairs, ramps, specially designed seats, toilets, etc.
MAINTENANCE AND PERFORMANCE STANDARDS
1. Preamble:
The maintenance and performance standards as given herein below cover
only some of the minimum requirements for operation. The Concessionaire
shall operate, maintain and manage the proposed Project (Convention
Centre) at Harni, Vadodara and allied facilities strictly conforming to the
relevant Bureau of Indian Standards, the best industry practices and
internationally acceptable norms. Whether the requirements are explicitly
stated or not in the RFP documents, the Bidders must note TCGL envisages
and expects a truly international quality and standard facility in all respects
from the Selected Bidder, as the binding contractual obligation.
2. General:
During the period of operation, the Concessionaire shall maintain all the
facilities in accordance with performance standards and maintenance
requirements, as mentioned below:
i. Perform maintenance on a routine and periodic basis.
ii. Provide functional facilities that:
a. meet the Convention Centre requirements;
b. have an environmentally acceptable atmosphere for users of the
facility;
c. ensure safety and security of VVIPs;
d. ensure the safety of the visitors; and,
e. maintain a good environment in the site conducive to all tourism and
leisure facilities.
iii. Identify potential problems early within the context of the planned
maintenance system so that corrective action may be planned and
completed in a timely manner.
iv. Establish a maintenance list for planned operation and maintenance.

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Follow an orderly program so that maximum operational efficiency is


attained.
3. Maintenance Works:
i. The Concessionaire shall perform routine and periodic maintenance
activities for the project infrastructure viz, civil, mechanical and electrical
works and equipment, furniture for meeting the specified performance
standards as per Table 1 below.
Table 1: Maintenance Requirement

Description Required Level Facility/ Equipment

Power Supply, Standby power arrangements Standby power supply by


Electrical shall be made for necessary DG sets shall be ready to
Installations, amenities like Convention be operated and should be
Electrical Centre, Exhibition Centre, available on 24 x 7 (hrs)
Equipments Board Rooms etc. No loose, basis.
open, un-insulated wiring in any
of the areas. Switch Boards,
Electric meters should be
enclosed in boxes and
accessible to only authorized
persons.

Natural and Shall meet the required Any disruption to


Mechanical illumination level as specified in mechanical ventilation, if
Ventilation and the IS Code and NBC. provided, shall be rectified
Illumination within 24 hours.
Shall meet the required
Arrangements for natural
ventilation level as specified in
ventilation like skylights
the IS Code and NBC.
ventilators, shafts etc. shall
be cleaned once every
week.

ii. Maintenance of Circulation Areas of Convention Centre etc.: Circulation


Area maintenance shall include the entire house keeping activities
requiring routine and periodic maintenance. Annual maintenance shall be
done for accessories like fans, lighting arrangements etc in these areas.
4. Performance Standards: Intent:
i. The performance levels define the level at which the proposed facilities are
to be maintained and operated. Performance standards are defined for
operation and maintenance of the facilities and the site environment.
ii. The obligations of the Concessionaire in respect of Maintenance
requirements shall include:
a. maintaining site environment so as to cause minimum disturbance to
the environment,
b. ensure that the facilities are operational and rectification of the defects
and deficiencies within the minimum time,

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c. ensure that the fixed parameters provided in this RFP are abided by at
any time during the Concession period,
iii. Notwithstanding anything contrary to specified in this schedule, if the
nature and extent of any defect justifies more time for its repair or
rectification as compared to time specified herein, the Concessionaire
shall be entitled to additional time in conformity with good industry
practice. However the Concessionaire shall get prior approval from the
TCGL, for such additional requirements of time.
iv. Notwithstanding anything to the contrary contained in this schedule, if any
defect, deficiency or deterioration in the project poses danger to the life
and property of the users thereof, the Concessionaire shall promptly take
all reasonable measures for eliminating or minimizing such danger.
5. Routine Maintenance Performance Standards:
Table 2: Performance Standards for Routine Maintenance

Sl. Serviceability Required Permissible Time Limit for


No Indicator Maintenance repairs/rectifications
Level

A Exhibition and Convention Centre

1 Power Supply, - Any disruption in power


Electrical supply shall be rectified in
Installations, six hours. Standby power
Electrical Equipment supply by DG sets shall be
shall be functional ready to be operated and
should be available 24x7
(hrs) basis

2 Natural and - Any disruption to


Mechanical mechanical ventilation if
Ventilation and provided shall be rectified
Illumination for multi within 24 hours. Sky- lits,
storey parking, if any, ventilators, shafts etc shall
shall be functional be cleaned once every
week

3 Boundary Wall shall - Any damage / breach to the


be without any boundary wall shall be
Damage / Breach rectified within three (3)
days after their detection.

4 There shall be no - Immediate measures to be


standing water on taken and water logging
pavement surface, should be cleared within
no water logging in four hours.

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Sl. Serviceability Required Permissible Time Limit for


No Indicator Maintenance repairs/rectifications
Level

the centre

B Buildings such as Offices/ Administration, etc

13 Defects in Electricity - Temporary measures within


gadgets like bulbs/ 4 hours, permanent
lamp shades/ wiring/ restoration within 7 days
etc.

14 Defects in all other - Timely intervention with


utilities like water Temporary measures within
supply/tap/tap 8 hours, permanent
connections/pipe/se restoration within 7 days,
werage and depending on nature and
drainage pipes/ intensity of work required.
tanks & overflow/
glasses/ window
panes/ all other
building furniture

C Telecom system/networking

15 Telecommunication - Temporary measures within


and Networking 8 hours and permanent
Systems shall be restoration within 3 days
functional

D Fire Fighting Equipment

16 Fire Fighting - Any damage to fire fighting


Equipments shall be equipments installed in the
functional facilities and in public
spaces shall be rectified
within 2 days of detection.
Fire extinguishers shall be
replaced before the end of
its expiry date.
The water tank meant for
fire fighting purpose shall
remain flooded with water to

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Sl. Serviceability Required Permissible Time Limit for


No Indicator Maintenance repairs/rectifications
Level

its capacity at all the times.

E Water Tank

17 Water Tank shall be - Water tank shall be cleaned


clean and functional and disinfected every month
(by usage of approved
chemicals) to ensure that no
inorganic sedimentation
takes place.

6. Periodic Maintenance Performance Standards:


In order to maintain the quality and operational standards of high quality, the
periodic maintenance/renewal activities are proposed for the Project in Table
3.
Table 3: Periodic Maintenance/ Renewal Activities

Sl. Periodic Renewal Activities Time Limit for renewal

1 Repainting of furniture, signages Minimum once in a year


delineators, markings etc.

2 Repainting of Buildings and all other Minimum once in three years


structures.

3 Repainting of carpentry work like Minimum once in three years


joinery, doors, windows, ventilators,
wooden furniture etc in the offices,
cabins, booths etc.

4 Resurfacing of Pavement Routine repairs every year and


premix carpet every fourth year. In
case the pavement is of Rigid type,
no periodic renewal would be
required except cleaning & filling of
joints

5 Mechanical Equipment Minimum once in a year as per


manufacturer’s installation, operation
and maintenance instruction manual

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RFQ cum RFP for Development of Exhibition and Convention Centre at Vadodara

Sl. Periodic Renewal Activities Time Limit for renewal

6 Electrical Equipment Minimum once in a year as per


manufacturer’s installation, operation
and maintenance instruction manual

7. Performance Standards for Operation:


Table 4: Performance Standards for Operation

Sl. Parameters Performance Indicators

1 Convention Centre including To remain operational 24 hours a day


Exhibition centre, Board Rooms etc. throughout the year.

3 Parking Area To remain operational 24 hours a day


throughout the year.

4 Enquiry Offices To remain operational 16 hours a day


throughout the year.

5 Information System, Displays To remain operational 24 hours a day


throughout the year.

6 Toilets To remain operational 24 hours a day


throughout the year.

7 Water Supply To remain operational 24 hours a day


throughout the year.

8 Electricity Supply To remain operational 24 hours a day


throughout the year.

9 Telecommunication and Networking To remain operational 24 hours a day


Equipment throughout the year.

10 Standby Diesel Generator Sets Standby diesel generator sets to


supply power to the Project facilities
must be available 24 hours a day,
throughout the year in case of
disruption or breakdown in power
supply.

11 Maintenance Office This shall remain open for 16 hours a


day and throughout the year.

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Sl. Parameters Performance Indicators

12 Security To remain functional 24 hours a day


throughout the year
Appropriate fencing of the site with
lighting and security shall be provided
to ensure that there will be no
encroachment on the site.

Note: The above norms for maintenance and performance are only indicative. The
Authority may direct the Concessionaire from time to time during the
Concession Period to take appropriate measures to improve maintenance and
performance activities as may be deemed necessary by it. The
Concessionaire, on receiving such specific directions shall take action without
loss of time to comply with the directions of the Authority.
8. Tariff
Effective from Commercial Operations Date and during the Operations Period, the
Concessionaire shall be,

(a) entitled to determine/charge Tariff/Rates fixed/structured at the discretion of the


Concessionaire from time to time and determine, revise, charge, demand, collect,
recover, retain and appropriate the Tariff at market driven rates, except for the
facility / space given in the table below, from users of Project Facilities and for the
goods, services, facilities and amenities etc. relating to the Project Facilities that
are provided, arranged or procured by the Concessionaire by itself or under or
pursuant to Contractual Arrangements;

Maximum Rental charges (INR per sq. m. / day)


S.No Spaces Pre/Post Event days
Scheduled Event days
for arrangement
1 Convention Space 50 25
2 Exhibition Space 40 20
3 Open Art Gallery 25 -

In case the whole Project site (venue) is booked / taken on rent by a single
agency for exhibitions / conventions / events, the total rental charge for the
Spaces as given above shall not be more than Rs. 8 Lakhs (Rupees eight lakhs
only) per day.

(b) provide separate customized services or tariff packages or differential rates or


special or seasonal discounts for specific, bulk, regular users or different category
of users or during different parts of the year or for timely or early payment.

(c) Provided that the Concessionaire shall be in compliance with the requirements of
the Applicable Laws, terms of Applicable Permits, statutory or mandatory
requirements of Government Authorities, if any, and Good Industry Practice in
this behalf.

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(d) The Concessionaire shall have right to demand, collect, retain and appropriate,
enforce and revise the Tariff in respect of Project Facilities effective from COD
and during the Operations Period by itself or through any Person/collection
agents appointed by it with prior approval from TCGL. The tariff rates can be
increased upto a maximum of 10% every three years on compounding basis from
the Commercial Operations Date.

(e) The Authority expressly recognizes that if any user fails to pay Tariff, the
Concessionaire may exercise all rights and remedies available under the
Applicable Laws for recovery thereof, including the suspension, termination or
cancellation of provision of the applicable service to the relevant defaulting user;
provided that the same shall be in compliance with the requirements of the
Applicable Laws, terms of Applicable Permits, statutory or mandatory
requirements of Government Authorities, if any, and Good Industry Practice in
this behalf.

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