3 Star Resort Proposal
3 Star Resort Proposal
3 Star Resort Proposal
Development of
“3 Star Resort”
At
‘Amaravati Central Park’
In
‘Amaravati Capital City’
On
DBFOT Basis
In
PPP Mode
MAY 2018
Request for Proposal for “3 Star Resort” at ‘Amaravati Central Park’ in ‘Amaravati Capital City’
CONTENTS
Page
S. No. Contents
No.
Letter of Invitation 3
Disclaimer 4
Definition & Interpretations 5
Glossary 10
Request for Proposal 11
1 Introduction 12
1.1 Background 12
1.2 Brief Description of Bidding Process 13
1.3 Schedule of Bidding Process 14
1.4 Pre-Bid Meeting 14
1.5 Data Sheet 15
Fg.1 Site Connectivity 23
Fg.2 Amaravati Capital City Geographical Location Map 24
Fg.3 Master Plan of Amravati Capital City 25
Fg.4 Master Plan for ‘Amaravati Central Park’ 26
Fg.5 Proposed Site for “3 Star Resort” 27
2 Instructions to Bidders 28
A General 28
2.1 General Terms of Bidding 28
2.2 Change in Composition of the Consortium 30
2.3 Change in Ownership 31
2.4 Cost of Bidding 31
2.5 Site Visit and Verification of Information 31
2.6 Verification and Disqualification 32
B Documents 33
2.7 Contents of the RFP 33
2.8 Clarifications 33
2.9 Amendment of RFP 34
C Preparation and Submission of Bids 34
2.10 Format and Signing of Bid 34
2.11 Sealing and Marking of Bids 34
2.12 ‘Bid Due Date’ 36
2.13 Late Bids 36
2.14 Contents of the Bid 36
LETTER OF INVITATION
Sub: Request for Proposal (RFP) for development of “3 Star Resort” at ‘Amaravati Central
Park’ in ‘Amaravati Capital City’ on DBFOT Basis in PPP Mode.
Dear Sir/Madam,
This is has reference to the ‘Request for Proposal’ (RFP) Notification for development of ‘Tourism
Infrastructure Projects’ at ‘Amaravati Central Park’ in ‘Amaravati Capital City’ on PPP Mode by
‘Amaravati Development Corporation Limited’ (ADCL), Govt. of Andhra Pradesh (GoAP).
In this regard, the ADCL, GoAP., invites Request for Proposals (RFPs) from eligible and interested
companies / parties / developers / investors / operators of ‘Tourism Infrastructure Projects’ for
the development of the “3 Star Resort” at ‘Amaravati Central Park’ in ‘Amaravati Capital City’ on
DBFOT Basis in PPP Mode for a ‘Concession Period’ of 33 Years (including Construction Period)
with an option of additional period on “Right of First Refusal” basis, as per the terms and
conditions stipulated in this RFP.
You are requested to participate in the Request for Proposal (the “RFP”) Stage and submit your
Technical and Financial Proposal (the “Bid”) for the aforesaid project in accordance with this
Request for Proposal (RFP) Document.
In case the Bidders need any further information about the Project or for the inspection of any
other documents related to the Project, which are available with ADCL or want to visit the site,
they are requested to contact ADCL Office at the address given below.
ADCL, GoAP., shall not be responsible for any costs or expenses or liabilities incurred by the
Bidders in connection with the preparation and delivery of Bids, including costs and expenses
related to the visits to the site. ADCL, GoAP., reserves all the rights to cancel, terminate, change
or modify this procurement process and/or requirements of bidding stated in the RFP, at any
time without assigning any reason or providing any notice and without accepting any liability for
the same. Please note that, ADCL reserves the right to accept or reject all or any of the bids
without assigning any reason whatsoever.
Sd./-Chairperson & Managing Director,
Amaravati Development Corporation Ltd.
DISCLAIMER
The information contained in this Request for Proposal (the “RFP”) Document or subsequently
provided to Bidder(s), whether verbally or in Documentary or any other form by or on behalf of
the Amaravati Development Corporation Limited (the “ADCL”), Government of Andhra Pradesh
(the “GoAP”) or any of its employees or advisors, is provided to Bidder(s) on the terms and
conditions set out in this RFP and such other terms and conditions subject to which such
information is provided.
This RFP is not an agreement and is neither an offer nor an invitation by the ADCL to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested parties
with information that may be useful to them in making their financial offers (Bids) pursuant to
this RFP. This RFP includes statements, which reflect various assumptions and assessments
arrived at by the ADCL in relation to the Project. Such assumptions, assessments and statements
do not purport to contain all the information that each Bidder may require. This RFP may not be
appropriate for all persons, and it is not possible for the ADCL, its employees or advisors to
consider the investment objectives, financial situation and particular needs of each party who
reads or uses this RFP. The assumptions, assessments, statements and information contained in
the Bidding Documents may not be complete, accurate, adequate or correct. Each Bidder should,
therefore, conduct its own investigations and analysis and should check the accuracy, adequacy,
correctness, reliability and completeness of the assumptions, assessments, statements and
information contained in this RFP and obtain independent advice from appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The ADCL accepts no responsibility for the accuracy or otherwise
for any interpretation or opinion on law expressed herein.
ADCL, its employees and advisors make no representation or warranty and shall have no liability
to any person, including any Bidder or Bidder under any law, statute, rules or regulations or tort,
principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense
which may arise from or be incurred or suffered on account of anything contained in this RFP or
otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the RFP
and any assessment, assumption, statement or information contained therein or deemed to form
part of this RFP or arising in any way for participation in this RFP Stage.
ADCL accepts no liability of any nature whether resulting from negligence or otherwise
howsoever caused arising from reliance of any Bidder on the statements contained in this RFP.
ADCL 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 RFP.
The issue of this RFP does not imply that the ADCL is bound to select a Bidder or to appoint the
Selected Bidder or Concessionaire, as the case may be, for the Project and the ADCL reserves the
right to reject all or any of the Bidders or Bids without assigning any reason 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 ADCL 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 ADCL shall not be liable in any manner whatsoever for the same
or for any other costs or other expenses incurred by a Bidder in preparation or submission of the
Bid, regardless of the conduct or outcome of the Bidding Process.
DEFINITIONS
‘Agreement’ shall mean the Concession Agreement entered into between the Amaravati
Development Corporation Limited (ADCL), GoAP and the Selected Bidder;
‘Associate’ means, an enterprise in which the investor holds directly or indirectly through
subsidiary (ies), 50% or more of the voting power of the said enterprise and which is neither a
subsidiary nor a joint venture of the investor;
‘Annual Lease Rental’ means the lease rental payable annually by the Concessionaire to the
Authority pursuant to the Land Lease Deed;
‘Authority’ shall mean Amaravati Development Corporation Limited, Government of Andhra Pradesh;
‘Bid or Detailed Bid or Proposal’ shall mean the Bid / Proposal submitted by the Bidder in
response to the RFP including clarifications and/or amendments to RFP, if any;
‘Bid Security’ shall mean the security furnished by the Bidder in the form as stipulated in the RFP
document;
‘Bidder’ shall mean who has responded to the RFP and submitted his Bid in response to the RFP;
‘Bid Evaluation Committee or Techncal Committee’ shall mean the Committee constituted by
the Authority for evaluating the Bids;
‘Commercial Operation’ means the use of the Project Facilities for commercial purposes by the
levy, charging, demanding, collecting, realizing, retaining and appropriating of Tariff;
‘Commercial Operation Date or COD’ means the date on which the Authority issues the Project
Completion Certificate;
‘Competent Authority’ means the Chairperson & Managing Director of Amaravati Development
Corporation Limited, Government of Andhra Pradesh;
‘Completion Certificate’ means the certificate issued by the Authority in the manner set out as
per terms of RFP/Concession Agreement;
‘Concessionaire’ shall mean the Special Purpose Company (SPC) incorporated by the Selected
Bidder/Bidding Consortium who has been selected and nominated by the Amaravati
Development Corporation Limited to develop the Project on the terms and conditions stipulated
in the RFP/Agreement;
‘Concession Period’ shall mean the period of 33 Years from the date of “Signing of the
Concession Agreement”;
‘Condition Precedent’ means the conditions that are to be fulfilled by both, the Concessionaire
and the Authority as detailed out in the RFP document / Concession Agreement;
‘Consortium’ shall mean the two of legally constituted entities, who have come together, have
agreed or have formed an understanding (in writing) for implementing the Project, subject to the
terms of this RFP;
‘Consortium Agreement’ shall mean an agreement to be entered into amongst the Members of
the Consortium and forming part of their Bid;
‘Constituent Member’ shall mean any member of the Bidding Consortium, whose financials
and/or project related experience have been taken into account in the Capability Statement to
meet the Eligibility Criteria and who shall be required to commit to hold minimum 10% of the
equity in the Concessionaire/Project SPC;
‘Consultant or Advisor’ shall mean Andhra Pradesh Project Fecilitators & Consultancy Sevices Limited
(APPFCS) appointed by ADCL, GoAP., for ‘Project Structuring’ and ‘Bid Process Management Services’;
‘Developer’ shall have the same meaning as ascribed to the term Selected Bidder;
‘Due Date’ shall mean the last date for submission/receipt of the Bid, as mentioned in the RFP
document;
‘Eligibility Criteria’ shall mean the criteria stipulated in the RFP, which is required to be met by
the Bidder based on his Capability Statement and documents to become eligible for opening and
evaluation of his Technical Bid;
‘3 Star Resort’ shall mean a Resort with 3 Star Classification with Health Spa, Banquet Halls &
Restaurants and other Guest Facilities & Amenities as per the Norms of MoT., GoI.
‘Financial Bid’ shall have the meaning as set forth in the RFP document;
‘Financial Year’ shall mean Year starting from 1st April to 31st March. In case Bidder’s
financial/accounting Years are different from the above, the immediate past financial/
accounting Years of the Bidders as per their annual reports shall be applicable for the evaluation;
‘Firm or Company’ shall mean a single legal entity, which is a Corporate Entity and Registered or
Statutory Body;
‘Lead Member’ shall mean in case of a Consortium, the firm nominated to act as Lead Member of
the Consortium at the RFP stage, which qualifies as per the Eligibility Criteria, and which shall
continue to be the leader and be authorised as such for submission of Bid. The Lead Member will
represent the Consortium on all matters pertaining to the RFP and shall have the primary
responsibility of developing and implementing the Project;
‘Land Lease Agreement’ shall mean an agreement/ deed entered into by and between the
Authority, the Concessionaire and the Selected Bidder;
‘Lenders’ shall mean any person(s)/ firm(s) based in India or abroad providing financial
assistance, loans, funds, or other credit facilities to the Concessionaire under any financing
agreements;
‘Letter of Award or LoA’ shall mean the letter to be issued by the Authority to the Selected
Bidder conveying intention of Award of the Project/Concession, in accordance with the terms of
this RFP;
‘Operations Period’ means the period commencing from COD and ending on the expiry or prior
termination of this Agreement Period;
‘Power of Attorney’ shall mean the Power of Attorney in the format provided in RFP, to be
furnished by the Bidder authorizing a person to sign the Bid and act for and on behalf of the
Bidder during the bidding process;
‘Project’ means, development of “3 Star Resort” with Health Spa, Banquet Halls & Restaurants
and other Guest Facilities & Amenities, at ‘Amaravati Central Park’ in ‘Amaravati Capital City’,
Andhra Pradesh on Public Private Partnership (PPP) Mode and subject to the provisions of this
RFP and Agreement, (i) financing, completion, commissioning, marketing, management,
operation and maintenance and commercial use of the Project Facilities, execution of the works
and all activities incidental thereto, such as commissioning and insurance etc., by the
Concessionaire during the Concession Period; (ii) demanding, charging, collecting, retaining and
appropriating and revision of Tariff by the Concessionaire at market driven rates and (iii) transfer of
the Project/Project Facilities by the Concessionaire to Authority or its nominated agency at the
end of the Concession Period by efflux of time or prior termination;
‘Project Agreements’ shall mean Concession Agreement, Lease Agreement and any other legal
documents as mutually agreed to between the Authority and the Selected Bidder, necessary for
implementing the Project;
‘Project Completion Period’ shall mean the total period in which the development/construction
of MDOs are completed and certified by Authority;
‘Project Cost’ shall mean the total cost of Project. The components would include the costs
incurred for carrying out the Project related activities such as formulation, development, design,
engineering, finance, construction, interior decoration, etc;
‘Performance Security’ shall mean the irrevocable & unconditional Bank Guarantee furnished by
the Selected Bidder prior to the signing of Concession Agreement;
‘Request for Proposal or RFP’ shall mean the Bid documents comprising Sections 1 to 6 along
with Apendices I to XI and any other addenda issued thereon;
‘Revenue Share’ shall mean the minimum amount / share in the Annual Turnover, payable by the
Concessionaire to the Authority from 5th to 33rd Years of Concession Period;
‘Selected Bidder’ shall mean the successful Bidder, whose Bid is declared as the highest
evaluated Bid as a result of the Bid evaluation process as set forth in this RFP document;
‘Special Purpose Company or SPC’ shall mean the company to be set up by the Selected
Bidder/Developer, if required, for the purposes of exclusive implementation of the Project under
Companies Act, 2013;
‘Special Purpose Vehicle or SPV’ shall have the same meaning as described to the term SPC;
‘Taxes and Duties’ shall mean all taxes, duties, fees etc. payable as per applicable laws in India in
connection with the development, operation and management of the Project;
‘Technical Criteria’ shall mean the criteria stipulated in the RFP, which is required to be complied
by the Bidder based on his Technical Bid to become eligible for opening and evaluation of his
Price Bid.
INTERPRETATION
In the interpretation of this RFP, unless the context otherwise requires:
1. The singular of any defined term includes the plural and vice versa, and any word or
expression defined in the singular has the corresponding meaning used in the plural and vice
versa;
4. A reference to any agreement is a reference to that agreement and all annexes, attachments,
exhibits, schedules, appendices and the like incorporated therein, as the same may be
amended, modified, supplemented, waived, varied, added to, substituted, replaced, renewed
or extended, from time to time, in accordance with the terms thereof;
5. The terms “include” and “including” shall be deemed to be followed by the words “without
limitation”, whether or not so followed;
6. Any reference to a person shall include such person’s successors and permitted assignees;
7. A reference to a “writing” or “written” includes printing, typing, lithography and other means
of reproducing words in a visible form;
8. Any date or period set forth in this RFP shall be such date or period as may be extended
pursuant to the terms of this RFP;
9. A reference to “Month” shall mean a calendar Month, a reference to “week” shall mean a
calendar week and a reference to “day” shall mean a calendar day, unless otherwise specified.
10. The terms "hereof, "herein", "hereto", "hereunder" or similar expressions used in this RFP
mean and refer to this RFP and not to any particular Article, Clause or Section of this RFP. The
terms "Article", "Clause", “Paragraph” and “Schedule” mean and refer to the Article, Clause,
Paragraph and Schedule of this RFP so specified;
11. In case of any conflict, discrepancy or repugnancy between the provisions of RFP documents,
provisions of the Concession Agreement shall prevail over and supersede the provisions of
other documents.
12. The descriptive headings of Articles and Sections are inserted solely for convenience of
reference and are not intended as complete or accurate descriptions of content thereof and
shall not be used to interpret the provisions of this Agreement;
13. All capitalized words and expressions used in the RFP but not defined therein shall have the
same meaning as ascribed to them in the Agreement.
GLOSSARY
The words and expressions beginning with capital letters and defined in this Document shall,
unless repugnant to the context, have the meaning ascribed thereto hereinabove. The words and
expressions beginning with capital letters and not defined herein, but defined in the RFP, shall,
unless repugnant to the context, have the meaning ascribed thereto therein
1. INTRODUCTION
1.1 Background
1.1.1 Government of Andhra Pradesh after consideration of the immediate need for efficient
infrastructure development in the Amaravati Capital City, through G.O.Ms.No.109,
MA&UD (M2) Dept. Dated 02.05.2015, has established Amravati Development
Corporation Limited - ADCL (earlier known as Capital City Development and Management
Company (CCDMC)) – a Special Purpose Vehicle (SPV) under Companies Act, 2013, for the
development, implementation, operation and management of Projects in Amravati, the
new Capital City of Andhra Pradesh with an area of 217 Sq. Kms.
1.1.2 The Government of Andhra Pradesh has a vision to develop the entire Capital City with
infrastructure of international standards. As per the ‘Master Plan’, a ‘Central Park’ has
been proposed at the heart of the Amaravati Capital City. The ‘Amravati Central Park’
(ACP), being one of the first to be implemented on priority basis, is the showcase of this
vision of development. The objective of the proposed project is to develop ‘Tourism
Infrastructure Projects’ for the Tourists visiting Amaravati Capital City from all over India
and Worldwide.
1.1.3 The ‘Amaravati Central Park’ is the most significant feature of the Amaravati Capital City,
located in Sakhamuru Village, adjacent to the Southern side of the Seed Capital
admeasuring 300 Acres. ‘ADCL’ intends to develop various ‘Tourism Infrastructure
Projects’ in Hospitality, Leisure, Recreation, Adventure, Amusement & Entertainment
Sectors at the site through Public Private Partnership Mode. Andhra Pradesh Project
Facilitators and Consultancy Service Limited (APPFCS) has been appointed by ADCL as the
Project Consultant & Advisor for the ‘Project Structuring’ and for extending ‘Bid Process
Management Services’ for the transparent Selection of Developer through Competitive
Bidding.
1.1.4 As part of development ‘Tourism Infrastructure Projects’ at ‘Amaravati Central Park’, the
ADCL intends to develop “3 Star Resort” in 3.00 Acres of land parcel through Public
Private Partnership (the “PPP”) on [Design, Build, Finance, Operate and Transfer (the
“DBFOT”)] basis, and has, therefore, decided to carry out the bidding process for
selection of a private partner as the Bidder to whom the Project may be awarded. Brief
particulars of the Project are as follows:
1.1.5 The Selected Bidder, who is either a company incorporated under the Companies Act,
1956/2013 or Registered Firm, hereby undertakes to incorporate as Special Purpose
Company (SPC) as such prior to execution of the ‘Concession Agreement’ (the
“Concessionaire”) and shall be responsible for designing, engineering, financing,
procurement, construction, operation maintenance, transfer of the Project under and in
accordance with the provision of ‘Concession Agreement’. The “‘Concession
Agreement’” to be entered into between the Selected Bidder and the ADCL in the form
provided as part of the Bidding Documents pursuant hereto.
1.1.6 The scope of work will broadly include design, built, finance, management, operation,
maintenance and transfer thereof (DBFOT) of “3 Star Resort” with Health Spa, Banquet
Halls & Restaurants and other Guest Facilities & Amenities as per the Norms of MoT.,
GoI., for 3 Star Classification.
1.1.7 The minimum Project Cost (the “Project Cost”) has been specified in Clause 1.1.4 above.
The assessment of actual costs, however, will have to be made by the Bidders.
1.1.8 The ‘Concession Agreement’ sets forth the detailed terms and conditions for grant of the
Concession to the Concessionaire, including the scope of the Concessionaire’s services
and obligations (the “Concession”).
1.1.9 The statements and explanations contained in this RFP are intended to provide a better
understanding to the Bidders about the subject matter of this 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 ADCL’s
rights to amend, alter, change, supplement or clarify the scope of work, the Concession
to be awarded pursuant to this RFP or the terms thereof or herein contained.
Consequently, any omissions, conflicts or contradictions in the Bidding Documents
including this RFP are to be noted, interpreted and applied appropriately to give effect to
this intent, and no claims on that account shall be entertained by the ADCL.
1.1.10 ADCL shall receive Bids pursuant to this RFP in accordance with the terms set forth in this
RFP and other Documents to be provided by the ADCL pursuant to this RFP, as modified,
altered, amended and clarified from time to time by the ADCL collectively (the “Bidding
Documents”), and all Bids shall be prepared and submitted in accordance with such
terms on or before the date specified in Clause 1.3 for submission of Bids (the “‘Bid Due
Date’”).
1.2 Brief Description of the Bidding Process
1.2.1 The ADCL has adopted ‘Single-Stage Bidding Process’, collectively referred to as “the
“Bidding Process”) for selection of the Bidder for the ‘Award of the Project’. The Bidding
Process (the “RFP Stage”) comprise the ‘Request for Proposal’ (RFP) Document. Bidders
must make sure and satisfy themselves that, they are qualified to the Bid as per the
terms & conditions of RFP, and should give an undertaking to this effect in the form at
Appendix-1.
1.2.2 In the RFP Stage, the prospective Bidders, including their successors, (the “Bidders”,
which expression shall, unless repugnant to the context, include the Members of the
Consortium) are being called upon to submit their ‘Technical & Financial Bids’ also
simultaniously (the “Bids”), in accordance with the terms specified in the Bidding
Documents. The Bids shall be valid for a period of not less than 120 (one hundred and
twenty) Days from the ‘Bid Due Date’.
1.2.3 The RFP Document include the draft ‘Concession Agreement’ (Enclosed as Schedule 1) for
the Project. Subject to the provisions of Clause 2.1.3, the aforesaid Documents and any
addenda issued subsequent to this RFP Document, will be deemed to form part of the
Bidding Documents.
1.2.4 The Bidder is required to furnish, along with their Bid, a ‘Bid Processing Fee’ (Non-
Refundable) of Rs.25,000/- (Rupees Twenty Five Thousand Only) “the Bid Processing
Fee”and a ‘Bid Security’ of Rs.20,00,000/- (Rupees Twenty Lakhs only) (the “Bid
Security”), refundable not later than 120 (one hundred twenty) Days from the ‘Bid Due
Date’, except in the case of the Selected Bidder whose Bid Security shall be retained till it
has provided a Performance Security under the ‘Concession Agreement’. The Bidders
shall provide Bid Security in the form of either Demand Draft or unconditional and
irrevocable ‘Bank Guarantee’ from a Nationalized/ Scheduled Bank (excluding Cooperative
Banks) acceptable to the ADCL. The ‘Bank Guarantee’ validity period 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 ADCL and
the Bidder from time to time. Where a demand draft is provided, its validity shall not be
less than 90 (Ninety) Days from the ‘Bid Due Date’, for the purposes of encashment by
the ADCL. The Bid shall be summarily rejected if it is not accompanied by the Bid Security.
1.2.5 During the RFP 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 Project’ including implementation of the Project.
1.2.6 (a) Technical and Financial Bids are invited from qualified Bidders for the purpose of
development and operation of specified Project as per terms and conditions laid
out in this RFP.
(b) The Project would be awarded to the Bidder offering the highest ‘Revenue Share’
(the “Highest Bidder”) more than the minimum stipulated criteria, subject to the
fulfilling of other terms and conditions laid out in this RFP.
1.2.7 Details of the process to be followed at the RFP Stage and the terms thereof are spelt out
in this RFP.
1.2.8 Any queries or request for additional information concerning this RFP shall be submitted
in writing by speed post/courier/ special messenger and by e-mail so as to reach the
officer designated in Clause 2.8.1 by the specified date. The envelopes/ communication
shall clearly bear the following identification/ title: “Queries / Request for Additional
Information - RFP for “3 Star Resort Project”
6 Date and Time of Opening of Technical Bids 20th June 2018 (17.00 Hrs. IST)
7 Date and Time of Opening of Financial Bids To be intimated to the Qualified Bidders
11 Institutional Structure Formation of Special Purpose Company (SPC) under the Companies Act,
for Implementation 2013 by the Selected Bidder (Sole Bidder / Consortium)
12 Concession Period 33 Years (including Construction Period) from the date of execution of
‘Concession Agreement’. Additional tenure of 33 Years period will be
assured on “Right of First Refusal” basis to the successful Bidder.
13 Lease Period 33 Years and co-terminus with the ‘Concession Period’.
14 20-25% of the Resort shall be completed within 12 Months. Rest of the
‘Project Components’ shall be completed within 24 Months from the
Project Completion date of signing of ‘Concession Agreement’. Total project duration shall be
Period Two (2) Years and any further extention due to any unforeseen &
unavoidable circumstances shall be considered by the ADCL with mutual
consent.
Eligibility Criteria
15 Technical Criteria The Sole Bidder or any one of the Consortium Member shall meet one of
the following Technical Criteria (Either 1 or 2) to meet the Technical
Experience.
1. Tourism Infrastructure Projects:
a) The Bidder / Consortium Member should have prior experience in
Development / Construction of “3 Star Hotel / Resort” in an area of
3.00 Acres or with a Project Cost of Rs.20.00 Crores, which is already
completed and which is into the commercial operations as on the
date of issue of this RFP; And
b) The Bidder / Consortium Member should have minimum 3 Years
experience in Operations & Management of similar ‘3 Star Hotel /
Resort’ of the same magnitude during last 10 Years. (Or) Operations
& Management of 3 Star Hotel / Resort or any other ‘Tourism
Infrastructure Project’ (As per A.P. Tourism Policy 2015-20) in an
Amaravati Development Corporation Limited Page 16
Request for Proposal for “3 Star Resort” at ‘Amaravati Central Park’ in ‘Amaravati Capital City’
If we look at the 500 km & 250 km radius map, the ‘Amaravati Capital City’ can be approached from/via
Hyderabad, Visakhapatnam, Warangal, Nellore, Chennai, Vijayawada and Guntur.
The Urban Aglomerations of Vijayawada and Guntur Cities are the major conurbations of Amaravati
Capital Region. The new Amaravati Capital City, Vijayawada and Guntur will grow as ‘Tri Cities’ in the
future due to the close proximity. The diverse economy of these three Cities will complement each
other and ultimately emerge as a Mega City.
Currently the Capital City is connected or can be reached by the ‘Prakasam Barrage’ on the Krishna
River that connects Amravati with Vijayawada. The nearest Airport is at Gannavaram, Vijayawada City.
The seed access road of the Capital is being developed along with the other priority roads to connect
the city in its initial development phase as per the ‘Master Plan’ of the Amaravati Capital City prepared
by the Surbana Jurong, Singapore.
The ‘Amaravati Central Park’ will be one of the World’s largest ‘Central Park’ built till date and hence
will provide the boost to the development of the city and also as per the estimated Population for the
City by 2020-25, the Park is going to have a huge footfall.
‘Amaravati Central Park’ is the most important landmark in the Capital City and only one of the Parks
of its type, as seen from the below ‘Master Plan’.
The Park lies at the Southern part of the Government Complexes, hosts a lake, also is in direct
connectivity with priority roads.
On the ‘Master Plan’, the site is of strategic importance as the culminating point of important
Government axis, housing important State buildings. It is surrounded by various land uses ranging
from commercial, residential, institutional as well as other active and passive greens. ‘ADCL’ has put
forth this area under the category of Recreational land use for the development.
The above ‘Master Plan’ illustrates various zones in the ‘Amaravati Central Park’ that host different type of
Tourism, Hospitality, Leisure, Recreation, Adventure and Entertainment activities along with the
corresponding areas for the same.
2. INSTRUCTIONS TO BIDDERS
A. GENERAL
2.1. General terms of Bidding
2.1.1 No Bidder shall submit more than one Bid for the Project. A Bidder bidding individually or
as a Member of a Consortium shall not be entitled to submit another bid either
individually or as a Member of any Consortium, as the case may be.
2.1.2 Bidders are expected to carry out their own surveys, investigations and other detailed
examination of the Project before submitting their Bids. Nothing contained in this RFP
shall be binding on the ADCL nor confer any right on the Bidders, and the ADCL shall have
no liability whatsoever in relation to or arising out of any or all contents of the
Document(s). The “Project Feasibility Report” of the Project prepared by the consultants
of the ADCL is only a preliminary reference Document for working out the Projections for
the preparation of RFP.
2.1.3 Notwithstanding anything to the contrary contained in this 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’.
2.1.4 The Bid should be furnished in the format at Appendix–VIII, clearly indicating the ‘Bid
Amount’ in both figures and words, in Indian Rupees, and signed by the Bidder’s
authorised signatory. In the event of any difference between figures and words, the
amount indicated in words shall be taken into account.
2.1.5 The ‘‘Revenue Share’’ to be paid to the ADCL and to be quoted more than the ‘Reserve
Amount’ of Rs.20.71 Lakhs (Rupees Thirty Four Lakhs and Thirty Seven Thousand only)
for the 5th Year of ‘Concession Period’ shall be the Bid Parameter.
2.1.6 The Bidder shall furnish a Bid Security of Rs.20,00,000/- (Rupees Twenty Lakhs only)
2.1.7 in accordance with the provisions of this RFP. The Bidder has the option to provide the
Bid Security either as a Demand Draft or in the form of a ‘Bank Guarantee’ acceptable to
the ADCL, as per format at Appendix–IV.
2.1.8 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 ADCL and the Bidder. Where a
demand draft is provided, its validity shall not be less than 80 (eighty) Days from the ‘Bid
Due Date’, for the purposes of encashment by the ADCL. The Bid shall be summarily
rejected if it is not accompanied by the Bid Security. The Bid Security shall be refundable
no later than 120 (one hundred twenty) Days from the ‘Bid Due Date’ except in the case
of the Selected Bidder whose Bid Security shall be retained till it has provided a
Performance Security under the ‘Concession Agreement’.
2.1.9 The Bidder should submit a ‘Power of Attorney’ as per the format at Appendix–III,
authorising the signatory of the Bid to commit for the Bidder.
2.1.10 In case the Bidder is a Consortium, the Members thereof should furnish a Power of
Attorney in favour of the Lead Member in the format at Appendix–II.
2.1.11 Any condition or qualification or any other stipulation contained in the Bid shall render
the Bid liable to rejection as a non-responsive Bid.
2.1.12 The Bid and all communications in relation to or concerning the Bidding Documents and
the Bid shall be in English Language.
2.1.13 The Documents including this RFP and all attached Documents, provided by the ADCL are
and shall remain or become the property of the ADCL and are transmitted to the Bidders
solely for the purpose of preparation and the submission of a Bid in accordance
herewith. Bidders are to treat all information as strictly confidential and shall not use it
for any purpose other than for preparation and submission of their Bid. The provisions of
this Clause 2.1.13 shall also apply mutatis mutandis to Bids and all other Documents
submitted by the Bidders, and the ADCL will not return to the Bidders any Bid, Document
or any information provided along therewith.
2.1.14 A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the
Bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified. In
the event of disqualification, the ADCL shall be entitled to forfeit and appropriate the Bid
Security or Performance Security, as the case may be, as mutually agreed genuine pre-
estimated loss and damage likely to be suffered and incurred by the ADCL and not by
way of penalty for, inter alia, the time, cost and effort of the ADCL, including
consideration of such Bidder’s proposal (the “Damages”), without prejudice to any other
right or remedy that may be available to the ADCL under the Bidding Documents and/ or
the ‘Concession Agreement’ or otherwise. Without limiting the generality of the above, a
Bidder shall be deemed to have a Conflict of Interest affecting the Bidding Process, if:
(i) the Bidder, its Member or Associate (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 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 sub-section
(72) of section 2 of the Companies Act, 2013. For the purposes of this Clause
2.1.14, indirect shareholding held through one or more intermediate persons
shall be computed as follows: (aa) where any intermediary is controlled by a
person through management control or otherwise, the entire shareholding held
by such controlled intermediary in any other person (the “Subject Person”) shall
be taken into account for computing the shareholding of such controlling person
in the Subject Person; and (bb) subject always to sub-clause (aa) above, where a
person does not exercise control over an intermediary, which has shareholding in
the Subject Person, the computation of indirect shareholding of such person in
the Subject Person shall be undertaken on a proportionate basis; provided,
however, that no such shareholding shall be reckoned under this sub-clause (bb)
if the shareholding of such person in the intermediary is less than 26% of the
subscribed and paid up equity shareholding of such intermediary; or
(ii) a constituent of such Bidder is also a constituent of another Bidder; or
(iii) such Bidder, its Member or any Associate thereof receives or has received any
direct or indirect subsidy, grant, Concessional loan or subordinated debt from
any other Bidder, its Member or Associate, or has provided any such subsidy,
grant, Concessional loan or subordinated debt to any other Bidder, 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 Associate thereof, has a relationship with another Bidder, or
any Associate thereof, directly or through common third party/ parties, that puts
either or both of them in a position to have access to each other’s 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 ADCL
in the preparation of any Documents, design or technical specifications of the
Project.
2.1.15 A Bidder shall be liable for disqualification and forfeiture of Bid Security if any legal,
financial or technical adviser of the ADCL in relation to the Project is engaged by the
Bidder, its Members 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 Selected Bidder or Concessionaire, as the case may
be, 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 of the ADCL, including the forfeiture and appropriation of the Bid
Security or Performance Security, as the case may be, which the ADCL may have
thereunder or otherwise, the LOA or the ‘Concession Agreement’, as the case may be,
shall be liable to be terminated without the ADCL being liable in any manner whatsoever
to the Selected Bidder or Concessionaire for the same. 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 prior to
the RFP Due Date. 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.
2.1.16 This RFP is not transferable.
2.1.17 Any award of Concession pursuant to this RFP shall be subject to the terms of Bidding
Documents.
2.2 Change in Composition of the Consortium
2.2.1 Where the Bidder is a Consortium, change in composition of the Consortium may be
permitted by the ADCL during the RFP Stage, only where:
(a) the Lead Member continues to be the Lead Member of the Consortium;
(b) the substitute is at least equal, in terms of Technical Capacity or Financial
Capacity, to the Consortium Member who is sought to be substituted and the
modified Consortium shall continue to meet the pre-qualification and short-
listing criteria for Bidders; and
(c) the new Member(s) expressly adopt(s) the Application already made on behalf of
the Consortium as if it were a party to it originally, and is not an Bidder/Member/
Associate of any other Consortium bidding for this Project.
2.2.2 Approval for change in the composition of a Consortium shall be at the sole discretion of
the ADCL and must be approved by the ADCL in writing. The Bidder must submit its
application for change in composition of the Consortium no later than 15 (fifteen) Days
prior to the ‘Bid Due Date’.
2.2.3 The modified/ reconstituted Consortium shall submit a revised Jt. Bidding Agreement
and a Power of Attorney, substantially in the form at Appendix-II, prior to the ‘Bid Due
Date’.
2.2.4 The option of change in composition of the Consortium which is available under Clause
2.2.1 may be exercised by any Bidder who is either a Consortium or a single entity. In the
case of a single entity Bidder adding a Consortium Member at the RFP Stage, the single
entity Bidder shall be the Lead Member of the Consortium. Provided, however, that no
Member of such Consortium shall be a Bidder or the Member of a Consortium which has
been pre-qualified.
2.3 Change in Ownership
2.3.1 By submitting the Bid, the Bidder acknowledges that it was pre-qualified and short-listed
on the basis of Technical Capacity and Financial Capacity of those of its Consortium
Members and that the Lead Member of the Consortium shall be required to commit to
hold a minimum equity stake not less than 26% in the Project SPC and the other
Constituent Member of the Consortium, shall be required to commit to individually hold
minimum 10% of equity in the Project SPC at all times during a period which shall not be
less than five (5) Years from date of signing of ‘Concession Agreement’ or three (3) Years
from COD whichever is later.
2.3.2 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 Consortium Member or an Associate 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 RFP, the
Bidder shall be deemed to have knowledge of the same and shall be required to inform
the ADCL forthwith along with all relevant particulars about the same and the ADCL may,
in its sole discretion, disqualify the Bidder or withdraw the LOA from the Selected Bidder,
as the case may be. In the event such change in control occurs after signing of the
‘Concession Agreement’ but prior to Financial Close of the Project, it would,
notwithstanding anything to the contrary contained in the ‘Concession Agreement’, be
deemed to be a breach of the ‘Concession Agreement’, and the same shall be liable to be
terminated without the ADCL being liable in any manner whatsoever to the
Concessionaire. In such an event, notwithstanding anything to the contrary contained in
the ‘Concession Agreement’, the ADCL 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 ADCL under the Bidding
Documents and/ or the ‘Concession Agreement’ or otherwise.
2.4 Cost of Bidding
The Bidders shall be responsible for all of the costs associated with the preparation of
their Bids and their participation in the Bidding Process. the ADCL will not be responsible
or in any way liable for such costs, regardless of the conduct or outcome of the Bidding
Process.
2.5 Site visit and verification of information
2.5.1 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.
2.5.2 It shall be deemed that by submitting a Bid, the Bidder has:
(a) made a complete and careful examination of the Bidding Documents;
(b) received all relevant information requested from the ADCL;
(c) accepted the risk of inadequacy, error or mistake in the information provided in
the Bidding Documents or furnished by or on behalf of the ADCL relating to any
of the matters referred to in Clause 2.5.1 above;
(d) 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;
(e) acknowledged and agreed that inadequacy, lack of completeness or
incorrectness of information provided in the Bidding Documents or ignorance of
any of the matters referred to in Clause 2.5.1 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 ADCL, or a ground for termination of the
‘Concession Agreement’ by the Concessionaire;
(f) acknowledged that it does not have a Conflict of Interest; and
(g) agreed to be bound by the undertakings provided by it under and in terms
hereof.
2.5.3 ADCL shall not be liable for any omission, mistake or error in respect of any of the above
or on account of any matter or thing arising out of or concerning or relating to RFP, the
Bidding Documents or the Bidding Process, including any error or mistake therein or in
any information or data given by the ADCL.
2.6 Verification and Disqualification
2.6.1 ADCL reserves the right to verify all statements, information and Documents submitted
by the Bidder in response to the RFP or the Bidding Documents and the Bidder shall,
when so required by the ADCL, make available all such information, evidence and
Documents as may be necessary for such verification. Any such verification, or lack of
such verification, by the ADCL shall not relieve the Bidder of its obligations or liabilities
hereunder nor will it affect any rights of the ADCL thereunder.
2.6.2 ADCL 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 ADCL, the
supplemental information sought by the ADCL for evaluation of the Bid.
Such misrepresentation/ improper response shall lead to the disqualification of the
Bidder. If the Bidder is a Consortium, then the entire Consortium and each Member may
be disqualified / rejected. If such disqualification / rejection occurs after the Bids have
been opened and the Highest Bidder gets disqualified / rejected, then the ADCL reserves
the right to:
(i) invite the remaining Bidders to submit their Bids in accordance with Clauses 3.3.7
and 3.3.8; or
(ii) take any such measure as may be deemed fit in the sole discretion of the ADCL,
including annulment of the Bidding Process.
2.6.3 In case it is found during the evaluation or at any time before signing of the ‘Concession
Agreement’ or after its execution and during the period of subsistence thereof, including
the Concession thereby granted by the ADCL, that one or more of the pre-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 of the ‘Concession Agreement’, and if the Selected 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 RFP, be liable to be terminated, by a communication in writing by the ADCL to the
Selected Bidder or the Concessionaire, as the case may be, without the ADCL being liable
B. DOCUMENTS
2.7 Contents of the RFP
2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below,
and will additionally include any Addenda issued in accordance with Clause 2.9.
Invitation for Bids
Section 1. Introduction
Section 2. Instructions to Bidders
Section 3. Evaluation of Bids
Section 4. Fraud and Corrupt Practices
Section 5. Pre-bid Meeting
Section 6. Miscellaneous
Appendices and Annexures
Appendix-I Covering Letter Comprising Technical Bid
Annexure -I Details of the Bidder
Annexure -II Technical Capability of Bidder / Consortium Member
Annexure -III Financial Capability of Bidder / Consortium Member
Annexure -IV Proposed Project Components & Project Facilities
Annexure -V Financial Projections as per the Proposed Project Development Plan
Appendix-II Power of Attorney for Appointing Lead Member of Consortium
Appendix-III Power of Attorney for Signing of Bid
Appendix-IV Covering Letter for Submitting Bid Security
Appendix-V Bank Guarantee’ for ‘Bid Security’
Appendix-VI Statement of Legal Capacity Letter
Appendix-VII Letter of Undertaking by Bidder / Consortium Members
Appendix-VIII Letter of Commitment for Payments
Appendix-IX Joint Bidding Agreement of Consotium Members
Appendix-X Covering Letter for Financial Bid
Appendix-XI Format for Financial Bid
Appendix -XII Miinimum Development Obligations
Enclosure Draft ‘Concession Agreement’
2.7.2 The draft ‘Concession Agreement’ and the Project Feasibility Report] provided by the
ADCL as part of the Bidding Documents shall be deemed to be part of this RFP.
2.8 Clarifications
2.8.1 Bidders requiring any clarification on the RFP may notify the ADCL in writing by speed
post / courier/ special messenger and by e-mail in accordance with Clause 1.2.8. They
should send in their queries on or before the date mentioned in the Schedule of Bidding
Process specified in Clause 1.3. the ADCL shall endeavour to respond to the queries
within the period specified therein, but no later than 15 (fifteen) Days prior to the ‘Bid
Due Date’. The ADCL will upload all the queries and its responses thereto, on the “ADCL
Website” without identifying the source of queries.
The responses will be uploaded on the ‘ADCL Website’ as per the indicated schedule
after the Pre-bid Meeting and ADCL may not respond to any bidder directly.
2.8.2 ADCL shall endeavour to respond to the questions raised or clarifications sought by the
Bidders. However, the ADCL 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 ADCL to respond to any question or to provide any
clarification.
2.8.3 ADCL may also on its own motion, if deemed necessary, issue interpretations and
clarifications to all Bidders. All clarifications and interpretations issued by the ADCL shall
be deemed to be part of the Bidding Documents. Verbal clarifications and information
given by Authority or its employees or representatives shall not in any way or manner be
binding on the ADCL.
2.9 Amendment of RFP
2.9.1 At any time prior to the ‘Bid Due Date’, the ADCL may, for any reason, whether at its own
initiative or in response to clarifications requested by a Bidder, modify the RFP by the
issuance of Addenda.
2.9.2 Any Addendum issued hereunder will be in writing and shall be sent to all the Bidders.
2.9.3 In order to afford the Bidders a reasonable time for taking an Addendum into account, or
for any other reason, the ADCL may, in its sole discretion, extend the ‘Bid Due Date’.
b) Envelope 2: Financial Bid (to be marked as “Financial Bid for “3 Star Resort” clearly
identifying the name and address of the Bidder and ‘Bid Due Date’)
a) The Content of Envelope 1: Technical Bid- 3 Sets (1 Original + 2 Copies)
1. Appendix-I Covering Letter Comprising Technical Bid
a) Annexure -I Details of the Bidder
b) Annexure -II Technical Capability of Bidder / Consortium Member
c) Annexure -III Financial Capability of Bidder / Consortium Member
d) Annexure -IV Proposed Project Components & Project Facilities
e) Annexure -V Financial Projections as per the Proposed Project Development Plan
2. Appendix-II Power of Attorney for Appointing Lead Member of consortium
3. Appendix-III Power of Attorney for Signing of Bid
4. Appendix-IV Covering Letter for Submitting Bid Security
5. Appendix-V Bank Guarantee’ for ‘Bid Security’ for Rs.30.00 Lakhs.
6. Appendix-VI Statement of Legal Capacity Letter
7. Appendix-VII Letter of Undertaking by Bidder / Consortium Members
8. Appendix-VIII Letter of Commitment for Payments
9. Appendix-IX Joint Bidding Agreement of Consotium Members
10. Bid Processing Fee: Demand Draft for Rs.25,000/-
11.Proofs for Technical & Financial Capability of the Bidder / Consortium Member
12.Signed RFP Document
b) The Content of Envelope 2: Financial Bid
Appendix-X Covering Letter for Financial Bid
Appendix-XI Format for Financial Bid
2.11.2 A true copy of Documents submitted in Envelope -1 above shall be placed in the hard
binding and the pages shall be numbered serially. Two (2) Copies of this Document shall
be placed in a separate envelope and marked “Copy of the Technical Bid”.
2.11.3 All the three envelopes (Technical Bid; Financial Bid and Two (2) Copies of the Technical
Bid) as specified above shall be placed in an outer envelope which shall be sealed. This
outer envelope shall clearly bear the following identification:
“Bid for the ‘3 Star Resort’ at ‘Amaravati Central Park’ in ‘Amaravati Capital City’ on PPP Mode
– DFBOT basis” and shall clearly indicate the name and address of the Bidder. In addition, ‘Bid
Due Date’ should be indicated on each of the envelope.
2.11.4 Each of the envelopes shall be addressed to:
If the envelopes are not sealed and marked as instructed above, the Authority assumes no
responsibility for the misplacement or pre-mature opening of the bids submitted. Bids submitted
by fax, telex, telegram or email shall not be entertained and shall be rejected.
2.11.5 If the envelopes are not sealed and marked as instructed above, the ADCL assumes no
responsibility for the misplacement or premature opening of the contents of the Bid
submitted and consequent losses, if any, suffered by the Bidder.
2.11.6 Bids submitted by fax, telex, telegram or e-mail shall not be entertained and shall be
rejected.
2.12 ‘Bid Due Date’
2.12.1 Bids should be submitted before 16.00 Hours IST on the ‘Bid Due Date’ at the address
provided in Clause 2.11.4 in the manner and form as detailed in this RFP. A receipt
thereof should be obtained from the person specified at Clause 2.11.4.
2.12.2 ADCL may, in its sole discretion, extend the ‘Bid Due Date’ by issuing an Addendum in
accordance with Clause 2.9 uniformly for all Bidders.
2.13 Late Bids
Bids received by the ADCL after the specified time on the ‘Bid Due Date’ shall not be
eligible for consideration and shall be summarily rejected.
2.14 Contents of the Bid
2.14.1 The Bid shall be furnished as per Clause 2.11.1
2.14.2 Generally, the Project will be awarded to the Bidder quoting the highest ‘Revenue Share’
more than the minimum stipulated share.
2.14.3 The opening of Bids and acceptance thereof shall be substantially in accordance with this
RFP.
2.14.4 The proposed ‘Concession Agreement’ shall be deemed to be part of the Bid.
2.15 Modifications/ Substitution/ Withdrawal of Bids
2.15.1 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 ADCL
prior to the ‘Bid Due Date’. No Bid shall be modified, substituted or withdrawn by the
Bidder on or after the ‘Bid Due Date’.
2.15.2 The modification, substitution or withdrawal notice shall be prepared, sealed, marked,
and delivered in accordance with Clause 2.11, with the envelopes being additionally
marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.
2.15.3 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 ADCL, shall be
disregarded.
2.16 Rejection of Bids
2.16.1 Notwithstanding anything contained in this RFP, the ADCL reserves the right to 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 therefor. In the event that the ADCL rejects or annuls all the Bids, it may, in its
discretion, invite all eligible Bidders to submit fresh Bids hereunder.
2.16.2 ADCL 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.
2.17 Validity of Bids
The Bids shall be valid for a period of not less than 120 (one hundred and twenty) Days
from the ‘Bid Due Date’. The validity of Bids may be extended by mutual consent of the
respective Bidders and the ADCL.
2.18 Confidentiality
Information relating to the examination, clarification, evaluation and recommendation
for the Bidders shall not be disclosed to any person who is not officially concerned with
the process or is not a retained professional advisor advising the ADCL in relation to, or
matters arising out of, or concerning the Bidding Process. the ADCL will treat all
information, submitted as part of the Bid, in confidence and will require all those who
have access to such material to treat the same in confidence. the ADCL 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 ADCL or as may be required by law or in connection
with any legal process.
2.19 Correspondence with the Bidder
Save and except as provided in this RFP, the ADCL shall not entertain any correspondence
with any Bidder in relation to acceptance or rejection of any Bid.
D. BID SECURITY
2.20 Bid Security
2.20.1 The Bidder shall furnish as part of its Bid, a Bid Security referred to in Clauses 2.1.7 and
2.1.8 hereinabove in the form of a ‘Bank Guarantee’ issued by a nationalised bank, or a
Scheduled Bank in India, in favour of the ADCL in the format at Appendix–IV (the “‘Bank
Guarantee’”) and having a validity period of not less than 180 (one hundred 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 ADCL and 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 Nationalised 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.
2.20.2 Bid Security can also be in the form of a ‘Demand Draft / Bankers Cheque’ issued by a
Scheduled Bank in India, drawn in favour of “Amaravati Development Corporation
Limited” and payable at Vijayawada, Andhra Pradesh (the “Demand Draft/Bankers
Cheque”). the ADCL shall not be liable to pay any interest on the Bid Security deposit so
made and the same shall be interest free.
2.20.3 Any Bid not accompanied by the Bid Security shall be summarily rejected by the ADCL as
non-responsive.
2.20.4 Save and except as provided in Clauses 1.2.4 and 1.2.5 above, the Bid Security of
unsuccessful Bidders will be returned by the ADCL, without any interest, as promptly as
possible on acceptance of the Bid of the Selected Bidder or when the Bidding process is
cancelled by the ADCL, and in any case within 60 (Sixty) Days from the ‘Bid Due Date’.
Where Bid Security has been paid by demand draft, the refund thereof shall be in the
form of an account payee demand draft in favour of the unsuccessful Bidder(s). Bidders
may by specific instructions in writing to the ADCL give the name and address of the
person in whose favour the said demand draft shall be drawn by the ADCL for refund,
failing which it shall be drawn in the name of the Bidder and shall be mailed to the
address given on the Bid.
2.20.5 The Selected Bidder’s Bid Security will be returned, without any interest, upon the
Concessionaire signing the ‘Concession Agreement’ and furnishing the Performance
Security in accordance with the provisions thereof. the ADCL may, at the Selected
Bidder’s option, adjust the amount of Bid Security in the amount of Performance Security
to be provided by him in accordance with the provisions of the ‘Concession Agreement’.
2.20.6 ADCL shall be entitled to forfeit and appropriate the Bid Security as Damages inter alia in
any of the events specified in Clause 2.20.7 herein below. The Bidder, by submitting its
Bid pursuant to this RFP, shall be deemed to have acknowledged and confirmed that the
ADCL 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 RFP. No
relaxation of any kind on Bid Security shall be given to any Bidder.
2.20.7 The Bid Security shall be forfeited as Damages without prejudice to any other right or
remedy that may be available to the ADCL under the Bidding Documents and/ or under
the ‘Concession Agreement’, or otherwise, if
(a) a Bidder submits a non-responsive Bid;
(b) a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice as specified in Clause 4 of this RFP;
(c) a Bidder withdraws its Bid during the period of Bid validity as specified in this RFP
and as extended by mutual consent of the respective Bidder(s) and the ADCL;
(d) the Selected Bidder 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) the Selected Bidder, having signed the ‘Concession Agreement’, commits any
breach thereof prior to furnishing the Performance Security.
3. EVALUATION OF BIDS
3.1 Opening and Evaluation of Bids
3.1.1 ADCL shall open the Technical Bids at 17.00 Hours IST on the ‘Bid Due Date’, at the place
specified in Clause 2.11.4 and in the presence of the Bidders who choose to attend.
3.1.2 ADCL will subsequently examine and evaluate the Bids in accordance with the provisions
set out in this Section 3.
3.1.3 To facilitate evaluation of Bids, the ADCL may, at its sole discretion, seek clarifications in
writing from any Bidder regarding its Bid.
3.2 Tests of Responsiveness
3.2.1 Prior to evaluation of Bids, the ADCL shall determine whether each Bid is responsive to
the requirements of this RFP. A Bid shall be considered responsive if:
(a) it is received as per clause 2.11
(b) it is received by the ‘Bid Due Date’ including any extension thereof pursuant to
Clause 2.12.2;
(c) it is signed, sealed, bound together in hard cover and marked as stipulated in
Clauses 2.10 and 2.11;
(d) it is accompanied by the Bid Security as specified in Clause 2.1.7;
(e) it is accompanied by the Power(s) of Attorney as specified in Clauses 2.1.9 and
2.1.10, as the case may be;
(f) it contains all the information (complete in all respects) as requested in this RFP
and/or Bidding Documents (in formats same as those specified);
(g) it does not contain any condition or qualification; and
(h) it is not non-responsive in terms hereof.
3.2.1 ADCL 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 ADCL in
respect of such Bid. Provided, however, that the ADCL may, in its discretion, allow the
Bidder to rectify any infirmities or omissions if the same do not constitute a material
modification of the Bid.
3.3 Evaluation of Technical & Financial Criteria
3.3.1 In the RFP stage, the Bidders will be invited to submit Detailed Technical & Financial
Proposal in respect of the proposed Project in accordance with the Request for Proposal
(RFP) Document. During the RFP Stage, Bidders would be expected to examine the
Project further and to carry out such studies as may be required to submit Detailed
Proposals for the implementation of the Project.
3.3.1 The Bidders shall have freedom to formulate the business plan and submit the same as
part of bid, in response to the RFP. Business plan should meet requirements prescribed
for executing Project as given in scope of Project
3.3.2 The Bidders, bidding for the proposed project in the RFP Stage shall be evaluated on the
basis of Technical and Financial submissions relating to the Project as detailed in the RFP
Document. The Criteria on which the Technical and Financial Criteria shall be evaluated
and the methodologies for evaluation are as provided in the following Table.
3.3.3 Each bidder will be awarded points for Technical and Financial Criteria based on the
fulfillment of each criterion. Each Bidder will be allotted points out of total 100 points for
Technical and Financial Criteria along with Conceptual Plans & Business Model. Maximum
Points will be awarded or deducted for each parameter depending on the level of
Technical Experience & Financial Capability showcased and Presentation of Conceptual
Plans & Business Model. Preference / Weightage will be given to the bidders scoring
overall highest points.
S. Technical & Financial Criteria along with Conceptual Plan & Business Model Maximum
No. Points
1. The Bidder / Consortium Member should have prior experience in Development /
Construction of ‘3 Star Hotel / Resort’ in an area of 3.00 Acres or with a Project
Cost of Rs.20.00 Crores, which is already completed and which is into the
commercial operations as on the date of issue of this RFP (OR)
The Bidder / Consortium Member should have minimum 3 Years experience in
Development / Construction of ‘Core Infrastructure Development Projects’ such as 10 Points
Highways, Expressways, Bridges, Tunnels, Power Plants, Ports, Airports, Metro Rail,
IT Parks, Industrial Parks, Shopping Malls & Multiplexes, Commercial & Office
Complexes, Townships & Residential Complexes, Super Specialty Hospitals, etc.,
having a ‘Project Cost’ of not less than Rs.40.00 Crores, or 200% of the proposed
‘Project Cost’, whichever is higher, which was commissioned during last 10 Years.
2. The Bidder / Consortium Member should have minimum 3 Years experience in
Operations & Management of similar ‘3 Star Hotel / Resort’ of the same magnitude
during last 10 Years. (Or) Operations & Management of any ‘Tourism Infrastructure
Project’ (As per A.P. Tourism Policy 2015-20) in an area of 3.00 Acres or with a
10 Points
Project Cost of Rs.20.00 Crores during last 10 Years. (OR)
The Bidder / Consortium Member should have minimum 3 Years experience in
Operations & Management of ‘Core Infrastructure Project’ with a minimum Project
Cost of Rs.40.00 Crores during last 10 Years.
5. The Bidder / Consortium Member ‘Previous Experience’ in similar “3 Star Hotel /
15 Points
Resort’’.
6. The Bidder / Consortium Member ‘Successful Track Record’ in ‘Tourism
15 Points
Infrastrucrure Projects’ in ‘Public Private Partnership’ (PPP) Mode
7 The Bidder / Consortium Members together Should have a minimum Average
Annual Turn-Over of Rs.5.00 Crores (Rupees Five Crores only) or 25% of the
10 Points
proposed Project Cost, whichever is higher, in the past three Financial Years (For
Any 3 Financial Years of 2014-15; 2015-16, 2016-17, 2017-18* in a row).
8 The Bidder / Consortium Members together Should have a minimum Net-worth of
Rs.5.00 Crores (Rupees Five Crores only) or 25% of the proposed Project Cost,
whichever is higher, in the preceding Financial Year before the RFP Due Date, as on 10 Points
31st March 2017 / 2018, as per the Audited Annual Report for FY.2016-17 /
FY.2017-18*.
9 Presentation on the proposed ‘Conceptual Plan’ to develop “3 Star Resort” with
Health Spa, Banquet Halls & Restaurants and other Guest Facilities & Amenities as 20 Points
per the Guidelines of MoT., GoI., for 3 Star Classification.
10 Presentation on the proposed ‘Bussiness Model’ with ‘Financial Projections &
Indicators’ for the ‘Project Viability & Financial Feasibility’ for the “3 Star Resort” 10 Points
at Amaravati Capital City.
TOTAL POINTS 100 Points
bidding, or annul the Bidding Process, as the case may be. In case the Bidders are invited
in the third round of bidding to revalidate or extend their Bid Security, as necessary, and
offer fresh Bids, they shall be eligible for submission of fresh Bids provided, however, that
in such third round of bidding only such Bids shall be eligible for consideration which are
higher than the Bid of the second highest Bidder in the first round of bidding.
3.5.5 After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by the ADCL to
the Selected Bidder and the Selected Bidder shall, within seven (7) 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 Selected Bidder is not
received by the stipulated date, the ADCL may, unless it consents to extension of time for
submission thereof, appropriate the Bid Security of such Bidder as Damages on account
of failure of the Selected Bidder to acknowledge the LOA, and the next eligible Bidder
may be considered.
3.5.6 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall cause the
Concessionaire to execute the ‘Concession Agreement’ within 21 Days from the date of
issue of LOA. The Selected Bidder shall not be entitled to seek any deviation, modification
or amendment in the ‘Concession Agreement’.
3.6 Contacts during Bid Evaluation
Bids shall be deemed to be under consideration immediately after they are opened and
until such time the ADCL makes official intimation of award/ rejection to the Bidders.
While the Bids are under consideration, Bidders and/ or their representatives or other
interested parties are advised to refrain, save and except as required under the Bidding
Documents, from contacting by any means, the ADCL and/ or their employees/
representatives on matters related to the Bids under consideration.
3.7 Bid Parameter
The Bid Parameter is ‘Revenue Share’ to be paid to the ADCL and to be quoted more than
the ‘Reserve Amount’ of Rs.20.71 Lakhs (Rupees Twenty Lakhs and Seventy One
Thousand only) for the 5th Year of ‘Concession Period’. Subsequently, the Selected
Bidder/Concessioner shall pay to the ADCL either the ‘Revenue Share’ Quoted by the
Bidder with an annual escalation of 5% (OR) 3% of the Revenue, whichever is higher for
that respective year.
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 ADCL 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 or
Concessionaire, as the case may be, if it determines that the Bidder or Concessionaire, as
the case may be, has, directly or indirectly or through an agent, engaged in corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice in the Bidding Process. In such an event, the ADCL 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 ADCL under
the Bidding Documents and/ or the ‘Concession Agreement’, or otherwise.
4.2 Without prejudice to the rights of the ADCL under Clause 4.1 hereinabove and the rights
and remedies which the ADCL 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 ADCL 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 or Concessionaire shall not be eligible to participate
in any tender or RFP issued by the ADCL during a period of 2 (two) Years from the date
such Bidder or Concessionaire, as the case may be, is found by the ADCL 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 Clause 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 ADCL 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 therefrom, before or
after the execution thereof, at any time prior to the expiry of one Year from the
date such official resigns or retires from or otherwise ceases to be in the service
of the ADCL, 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 2.1.15 of this 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 ADCL in
relation to any matter concerning the Project;
5. PRE-BID MEETING
5.1 Pre-bid Meeting(s) of the Bidders shall be convened at the designated date, time and place
as mentioned in schedule of bidding. A maximum of two representatives of each Bidder
shall be allowed to participate on production of authority letter from the Bidder.
5.2 Bidders are advised to contact the ADCL to indicate whether or not they will attend and, if
so, the number of attendees and their names, designation etc., at least two (2) working
Days prior to the date of the pre-bid meeting.
5.3 During the course of Pre-bid Meeting(s), the Bidders will be free to seek clarifications and
make suggestions for consideration of the ADCL. The ADCL 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.
5.4 The Bidders should submit the queries in writing or by e-mail and the same should reach
the ADCL at least two (2) working Days before the pre-bid meeting along with a soft copy
of the same to the ADCL by e-mail.
5.5 Minutes of the pre-bid meeting will be posted on the ADCL Website: www.ccdmc.co.in,
which will subsequently form an “Addendum” to this RFP.
6. MISCELLANEOUS
6.1 The Bidding Process shall be governed by, and construed in accordance with, the laws of
India and the Courts in the State in which the ADCL has its headquarters shall have
exclusive jurisdiction over all disputes arising under, pursuant to and/ or in connection
with the Bidding Process.
6.2 ADCL, 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 ADCL 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 ADCL, 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.
APPENDICES
APPENDIX – I
COVERING LETTER COMPRISING THE TECHNICAL BID
Date:
To
The Chairperson & Managing Director,
Amaravati Development Corporation Limited (ADCL)
20-4-15, Plot No.1G, Anand Heights,
Kedareswararaopet, Beside Prabhas College,
Vijayawada-520003. Andhra Pradesh.
Sub: Bid for Development of “3 Star Resort” in 3.00 Acres at ‘Amaravati Central Park’ in ‘Amaravati Capital
City’ on DBFOT Basis in PPP Mode.
Madam / Sir,
With reference to your RFP Document of Reference No. __________ dated ______, I/we, having examined
the Bidding Documents and understood their contents, hereby submit my/our bid for the aforesaid Project.
2. All the information provided in the bid and in the Appendices is true and correct.
3. This statement is made for the express purpose of qualifying as a Bidder for the development,
construction, operation and maintenance of the aforesaid Project.
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 our right to challenge the same on any account whatsoever.
6. We certify that in last three Years, we/any of the Consortium Members have neither failed to perform on
any contract, as evidenced by imposition of a penalty or a judicial pronouncement or arbitration award, nor
been expelled from any Project or contract nor have had any contract terminated for breach on our part.
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 Clause 2.6 of the RFP Document.
9. I/We believe that we/our consortium/proposed consortium satisfy(ies) the Net Worth criteria and meet
(s) the requirements as specified in the RFP Document and are/is qualified to submit a Bid in accordance
with the guidelines for qualification of Bidders.
10. I/We declare that we/any Member of the consortium are/is not a Member of a/any other consortium
submitting a bid for the Project.
11. I/We certify that in regard to matters other than security and integrity of the country, we 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 regards to matters relating to security and integrity of the country, we have
not been charge-sheeted by any agency of the Government or convicted by a Court of Law for any offence
committed by us or by any of our associates.
13. I/We further certify that no investigation by any authority is pending either against us or against our
Consortium Member/Associates or against our CEO or any of our Directors / Managers / Employees.
14. 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.
15. We acknowledge that our Consortium/proposed consortium was pre-qualified and short-listed on the
basis of Technical Capacity and Financial Capacity, the Investment from the Lead Member of the Consortium
in the Project shall be more than 26% of the Project Equity for the first five Years of operation of the Project.
We further agree and acknowledge that the aforesaid obligation shall be in addition to the obligations
contained in the ‘Concession Agreement’ in respect of Change in Ownership.
16. I/We understand and agree that the minimum ‘Project Cost’ for aforesaid proposed “3 Star Resort”
Project has to be more than the minimum amount prescribed and our offer stand summarily rejected/
disqualified in the event of same being not complied. I/We hereby irrevocably waive any right which we may
have at any stage at law or howsoever otherwise arising to challenge or question any decision taken by the
Authority in this connection.
17. I/We acknowledge and agree that in the event of a change in control of a Consortium
Member/Associate, 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 RFP, I/We shall inform the
Authority forthwith along with all relevant particulars and the Authority may, in its sole discretion, disqualify
our Consortium 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 ‘Concession Agreement’ but prior to
Financial Closure of the Project, it would, notwithstanding anything to the contrary contained in the
Agreement, be deemed a breach thereof, and the ‘Concession Agreement’ shall be liable to be terminated
without the Authority being liable to us in any manner whatsoever.
18. I/We understand that the selected Bidder shall either be an existing Company incorporated under the
Indian Companies Act, 1956, Indian Companies Act 2013 (OR) Registered Firm and shall incorporate a Special
Purpose Company (SPC) as such prior to execution of the ‘Concession Agreement’.
19. I/We hereby irrevocably waive any right which we may have at any stage at law or howsoever otherwise
arising to challenge or question any decision taken by the Authority in connection with the selection of the
Bidder, or in connection with the Bidding process itself, in respect of the mentioned Project and the terms
and implementation thereof.
21. In the event of my/our being declared as the selected Bidder, I/We agree to enter into ‘Concession
Agreement’ in accordance with the draft that has been provided to me/us prior to the ‘Bid Due Date’. I/We
agree not to seek any changes in the aforesaid draft and agree to abide by the same.
23. I/We have studied all the Bidding Documents carefully and also estimated/surveyed the proposed
Project site and other key aspect for development, operation and maintenance of the Project. We
understand that except to the extent as expressly set forth in the ‘Concession Agreement’, we shall have no
claim, right or title arising out of any Documents or information provided to us by the Authority or in respect
of any matter arising out of or concerning or relating to the Bidding Process including the award of the
contract.
24. I/We submit our Detailed Project Report (DPR)/Initial Development Plan along with the detailed plan
drawings and supporting Documents duly signed on each page in a separate envelope marked Technical
Proposal for aforesaid “3 Star Resort” Project.
25. The Additional ‘Revenue Share’ more than the minimum stipulated condition has been quoted by me/us
after taking into consideration all the terms and conditions stated in the RFP, draft ‘Concession Agreement’,
or own estimates of costs, volumes and quality and after a careful assessment of the site and all the
conditions that may affect the Bid.
26. I/We offer a Bid Security of Rs.20,00,000/- (Rupees Twenty Lakhs only) to the Authority in accordance
with the RFP Document.
27. The Bid Security in the form of a Demand Draft/Bankers Cheque / ’Bank Guarantee’ is attached.
28. 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 of the Project/Concession is not awarded to
me/us or our Bid is not opened.
29. I/We agree to keep this offer valid for 120 Days from the ‘Bid Due Date’ as specified in the RFP.
30. I/We agree and undertake to abide by all terms and conditions of the RFP Document. In witness thereof,
I/We submit this Bid under and in accordance with the terms of the RFP Document.
(b) A copy of the Joint Bidding Agreement should be attached to the Application.
(c) Information regarding Role of each Member should be provided as per the Table below:
(i) Role of each Member & their Equity Holding in the proposed SPV:
Sl. Name of Member Role* % of Equity in
No. Consortium
1
2
3
(ii) The following information shall also be provided for each Member of the Consortium:
Name of Bidder / Member of Consortium:……………………………………………………………………………………..
Sl. Criteria Yes No
No.
1. Has the Bidder / Constituent of the Consortium been barred by any Central/ State
Govt., or any entity controlled by them, from participating in any Project.
2. If the answer to 1 is yes, does the bar subsist as on the date of Application?
3. Has the Bidder / Constituent of the Consortium paid liquidated damages of more
than 5% of the contract value in a contract due to delay or has been penalized due
to any other reason in relation to execution of contract, in the last three Years?
(iii) A statement by the Bidder and each of the members of its Consortium (where applicable)
disclosing material non-performance or contractual noncompliance in past projects, contractual
disputes and litigation / arbitration in the recent past is given below (Attach extra sheets, if
necessary).
Project Name & Location Type of Project Project Cost Project Date of Proof of Project
Area Completion Cost &
INR. in Crores
of Project Completion
(Acres)
Enclosed (Yes/
No)
Note: The date of commencement and completion of the project and Investment made on the Project needs
to be certified by the Auditors of the Company.
We further certify that the Project was commissioned on…………………… (Date) and completed on
……………………… (Date) and M/s. ………………………………………………. (Name of the Bidder / Consortium Member)
held ……………… % of the Equity Capital in the Project as on the Date of Commissioning.
Signarure:
Name:
Regn. No.:
Designtion:
Company:
Seal:
Date:
Project Name & Location Type of Project No. of Years Project Proof of
of Operation Revenues in Experience &
& past Five Years Revenues
Management Enclosed
(Yes/No)
Notes: The Project Operation & Management and Annual Turnover of the Project needs to be certified by the
Auditors of the Company.
This is to certify that, M/s. ………………………………………………… (Name of the Bidder / Consortium Member) has
Operated & Managed ……………………………………………………………….. (Title and Nature of the Project) from the
Year …………………….. to Year …………………………….. .
We further certify that the Revenues from this Project furnished above are correct and factual.
Signarure:
Name:
Regn. No.:
Designtion:
Company:
Seal:
Project Name & Location Type of Project Project Cost Project Date of Proof of
Area Completion Project Cost &
INR. in
of Project Completion
Crores (Acres)
Enclosed (Yes/
No)
Note: The date of commencement and completion of the project and Investment made on the Project needs
to be certified by the Auditors of the company.
Signarure:
Name:
Regn. No.:
Designtion:
Company:
Seal:
Date:
Amaravati Development Corporation Limited Page 55
Request for Proposal for “3 Star Resort” at ‘Amaravati Central Park’ in ‘Amaravati Capital City’
Description Last Three Financial Years (As Per Audited Annual Accounts)
Year 2014-15 Year 2015-16 Year 2016-17
Operating Revenue
(Add) Other Revenue
Total Turnover
Net-worth Details of M/s. ………………………………………………………………………………………….. :
Net-worth
Note: The Net-worth of the Bidder / Consortium Members needs to be certified by the Auditors of the Company.
1. In case of Bidder being a Consortium, the above data shall be submitted for the Lead Member and all the
other members.
2. The Sole Bidder /Consortium shall submit Audited Annual Accounts of the Lead Member and each of the
Other Members in support of the financial data
3. The above data must be submitted for all Consortium Members or Sole Bidder as the case may be duly
certified by Auditor.
We certify that the Turnover and Net-worth details of M/s………………………………………… furnished above is
correct and factual.
* Presentation on the ‘Project Development Plan’ for setting-up of World-class “3 Star Resort” with Eco-
friendly Green Building with Health Spa, Banquet Halls & Restaurants and other Guest Facilities &
Amenities as per the Guidelines of MoT., GoI., for 3 Star Classification.
INSTRUCTION TO BIDDERS
1. Bidders will have to submit financial Projection for a period of 25 Years from the date of COD.
2. The format in which the Projections are to be presented is enclosed.
3. In addition to the enclosed formats the Bidders will have to submit the following financial statements
as part of the Initial Development Plan
a. Depreciation Statement(s)
b. Term Loan Disbursement, Repayment & Interest Statement
c. Projected Balance Sheet
d. Projected Fund Flow Statement
e. Projected Working Capital Requirement
f. Breakeven (BE) Analysis (BE at Installed capacity, BE at Capacity Utilization, Sales Breakeven)
g. Debt Service Coverage Ratio (DSCR – Gross & Net)
h. Internal Rate of Return
i. Return on Investment
j. Net Present Value (25 Years)
4. All the above Projections are to be submitted for a period of 25 Years
5. Further the Bidders will have to submit the Breakup of each of the capital cost towards Civil works,
Equipment, Other Assets
Note: Bidders shall consider 3% of the Revenue as ‘Revenue Share’, for their Financial Projections. However,
the ‘Revenue Share’ offered by the Bidder in absolute terms should be quoted in the ‘Financial Bid’ only and
should not be indicated anywhere else in the Bid Documents.
a) Project Cost:
Sl. No. Cost Head Cost (In Crore) Instruction to Bidders
b) Means of Finance:
Sl. No. Cost Head Cost (In Crore) Instruction to Bidders
1 Equity
2 Term Loan
3 Other Break up and Basis of Cost to
(Please Mention Source) be Enclosed
4 TOTAL
1 Gross Revenue
2 Less Taxes
3 Net Revenue
4 Variable Expenses
4.1 Manpower (Wages and Salaries)
4.2 Power and Utilities
4.3 Raw Material & Consumable
4.4 O&M
Revenue Share Payable to ADCL @
4.5 3% of Revenue.
4.6 Others (If any)
Total Variable Expenses
5 Fixed Expenses
5.1 Lease Rental
5.2 Administrative
5.3 Sales
5.4 Franchisee Fees
5.5 Others (If any)
Total Fixed Expenses
6 PBIDT
7 Interest
7.1 Interest on Term Loan
7.2 Interest on Working Capital
8 Depreciation
9 PBT
10 Tax
11 PAT
12 Cash Accruals
Note:
a) The assumptions for Revenue and expenditure should be furnished separately.
b) Calculation sheets of Breakeven Point, Debt Service Coverage Ratio (DSCR), Internal Rate of Return (IRR),
Net Present Value (NPV) should be submitted separately.
c) Projected Balance Sheet and Cash Flow Statements should be submitted along with the above Profit and
Loss Account and Viability Ratios.
d) Bidders shall consider 3% of the Revenue as ‘Revenue Share’ for their Financial Projections.
APPENDIX–II$
Whereas the ………………………. (the “Authority”) has invited bids from pre-qualified and short-listed parties
for the …………………………....... Project (the “Project”).
Whereas, it is necessary for the Members of the Consortium to designate one of them as the Lead
Member with all necessary power and authority to do for and on behalf of the Consortium, all acts, deeds
and things as may be necessary in connection with the Consortium’s bid for the Project and its execution.
We, ……………… having our registered office at …………………, M/s. ……………………, having our registered
office at …………………, and M/s. …………………, having our registered office at ………………, (hereinafter
collectively referred to as the “Principals”) do hereby irrevocably designate, nominate, constitute, appoint
and authorise M/s …………………, having its registered office at ………………………, being one of the Members
of the Consortium, as the Lead Member and true and lawful attorney of the Consortium (hereinafter
referred to as the “Attorney”) and hereby irrevocably authorise the Attorney (with power to sub-
delegate) to conduct all business for and on behalf of the Consortium and any one of us during the
bidding process and, in the event the Consortium is awarded the Concession/ Contract, during the
execution of the Project, and in this regard, to do on our behalf and on behalf of the Consortium, all or
any of such acts, deeds or things as are necessary or required or incidental to the submission of its bid for
the Project, including but not limited to signing and submission of all applications, bids and other
Documents and writings, accept the Letter of Award, participate in Bidders’ and other conferences,
respond to queries, submit information/ Documents, sign and execute contracts and undertakings
consequent to acceptance of the bid of the Consortium and generally to represent the Consortium in all
its dealings with the ADCL, and/ or any other Government Agency or any person, in all matters in
connection with or relating to or arising out of the Consortium’s bid for the Project and/ or upon award
thereof till the ‘Concession Agreement’ is entered into with the ADCL.
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done
or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this
Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers
hereby conferred shall and shall always be deemed to have been done by us/ Consortium.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF ATTORNEY
ON THIS ……………… DAY OF ………….., 20.…
For ……………………...
$
To be submitted in original.
For …………...................
(Signature, Name & Title)
For ………………………
(Signature, Name & Title)
(Executants)
(To be executed by all the Members of the Consortium)
Witnesses:
1.
2.
Notes:
The mode of execution of the Power of Attorney should be in accordance with the procedure, if any,
laid down by the applicable law and the charter Documents of the executant(s) and when it is so
required, the same should be under common seal affixed in accordance with the required procedure.
Wherever required, the Bidder should submit for verification the extract of the charter Documents and
Documents such as a board or shareholders resolution/ power of attorney in favour of the 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.
APPENDIX–III
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 Consortium and holding the position of
………………………….., as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our
name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or
incidental to submission of our bid for the ……………………………… Project proposed or being developed by
the ………………………………… (the “Authority”) including but not limited to signing and submission of all
applications, bids and other Documents and writings, participate in Bidders' and other conferences and
providing information / responses to the ADCL, representing us in all matters before the ADCL, signing
and execution of all contracts including the ‘Concession Agreement’ and undertakings consequent to
acceptance of our bid, and generally dealing with the ADCL 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 ADCL.
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 …………………….., 20.…..
For……………………………..
Witnesses:
1.
2.
Accepted
Notarised
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.
APPENDIX–IV
COVERING LETTER FOR SUBMITTING BID SECURUTY
Date:
Sub: Bid for Development of “3 Star Resort” in 3.00 Acres at ‘Amaravati Central Park’ in ‘Amaravati
Capital City’ on DBFOT Basis in PPP Mode – Submission of Bid Securuty.
Madam / Sir,
As a part of the Bid for Development of “3 Star Resort” in 3.00 Acres at ‘Amaravati Central Park’ in
‘Amaravati Capital City’ on DBFOT Basis in PPP Mode, we hereby submit the ‘Bid Security’ for Rs.20.00
Lakhs (Rupees Twenty Lakhs Only) in the form of irrevocable and unconditional Bank
Guarantee/Demand Draft from ______________ Bank (which is a Nationalised/ Scheduled Bank (Not
a Co-Operative Bank)) in favour of “Amaravati Development Corporation Ltd.” and operable at
Vijayawada. This Bid Security shall be independent of the validity of the Bid and Concession
Agreement between ADCL and the Bidder and shall be honoured by the issuing banks irrevocably.
We agree that in the event of any breach or non-performance of the following terms and conditions
contained in the RFP document ADCL is empowered to forthwith disqualify us and our Bid from
further participation in the Bid evaluation process and forfeit our Bid Security.
(1) If we withdraw our Bid during the period of Bid Validity as specified in the RFP; or
(2) If we refuse to accept the correction of errors in our Bid; or
(3) If we submit a conditional Bid which would affect unfairly the competitive provision of other
Bidders who submitted substantially responsive Bids and/or is not accepted by ADCL, or
(4) If we, having been notified of the acceptance of our Bid by the ADCL during the period of Bid
validity;
(a) fail or refuse to execute the Concession Agreement in accordance with the RFP documents;
or
(b) fail or refuse to pay the interest free ‘Advance Lease Rental Deposit’ equalling to ‘Six
Months Lease Rentals’, ‘Project Development Fee’ and submit ‘Performance Security Bank
Guarantee’, in accordance with the RFP documents;
Yours faithfully,
APPENDIX–V
2. Any such written demand made by the ADCL stating that the Bidder is in default of the due and faithful
fulfilment 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 ADCL is disputed by the
Bidder or not, merely on the first demand from the ADCL stating that the amount claimed is due to the
ADCL by reason of failure of the Bidder to fulfil 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. …………
(Rupees …………………………. only).
4. This Guarantee shall be irrevocable 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 ADCL 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 ADCL shall be the sole judge to decide as to whether the Bidder is
in default of due and faithful fulfilment 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 ADCL that the Bidder is
in default as aforesaid shall be final and binding on us, notwithstanding any differences between the
ADCL 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 ADCL shall be entitled to treat the Bank as the
principal debtor. the ADCL 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 ADCL, and the Bank shall not
be released from its liability under these presents by any exercise by the ADCL of the liberty with
reference to the matters aforesaid or by reason of time being given to the said Bidder or any other
forbearance, act or omission on the part of the ADCL or any indulgence by the ADCL to the said Bidder
or by any change in the constitution of the ADCL 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 which shall be deemed to have
been duly authorised to receive the said notice of claim.
10. It shall not be necessary for the ADCL 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 ADCL 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 ADCL 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. ………
Crores (Rupees ……………….......... Crores only). The Bank shall be liable to pay the said amount or any
part thereof only if the ADCL 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’)].
(Official Seal)
APPENDIX-VI
Date:
Sub: Bid for Development of “3 Star Resort” in 3.00 Acres at ‘Amaravati Central Park’ in ‘Amaravati
Capital City’ on DBFOT Basis in PPP Mode – Statement of Legal Capacity.
Madam / Sir,
We hereby confirm that we / our members in the Consortium (constitution of which has been described in
the Joint Bidding Agreement) satisfy the terms and conditions laid out in the RFP document.
We have agreed that, M/s. _____________ (insert member’s name) will act as the Lead Member of our
Consortium.*
We have agreed that Mr./Ms.______________(insert individual’s name) will act as our representative / will
act as the representative of the Consortium on its behalf* and has been duly authorised to submit the RFP
and required submissions. Further, the authorised signatory is vested with requisite powers to furnish such
letters and authenticate the same.
Thanking you,
Yours faithfully,
Authorised Signatory
APPENDIX-VII
LETTER OF UNDERTAKING
[To be furnished by the Bidder, in case of Consortium to be given separately by all Members on their
Letterheads]
Date:
Sub: Bid for Development of “3 Star Resort” in 3.00 Acres at ‘Amaravati Central Park’ in ‘Amaravati
Capital City’ on DBFOT Basis in PPP Mode – Letter of Undertaking.
Madam / Sir,
We confirm that, we are not barred by Government of Andhra Pradesh (GoAP), any other State Government
in India (SG) or Government of India (GoI), or any of the Agencies of GoAP/SG/GoI from participating in any
category of Infrastructure Projects in PPP Mode (Construction, BOT or otherwise) as on ________________
(Bid Due Date).
Yours faithfully,
Yours faithfully,
APPENDIX-VIII
LETTER OF COMMITMENT FOR PAYMENTS
[On the Letterhead of the Bidder (in case of Single Bidder) or Lead Member (in case of a Consortium)]
Date:
Sub: Bid for Development “3 Star Resort” in 3.00 Acres at ‘Amaravati Central Park’ in ‘Amaravati Capital
City’ on DBFOT Basis in PPP Mode – Commitment for Payments.
We hereby write to inform you that, if we / [the Consortium] are / [is] short-listed as the ‘Selected Bidder’ for
implementing the project, we / [the Lead Member of the Consortium] shall pay / submit the following
Amounts / Bank Guarantees to ADCL, GoAP.
1. Interest free ‘Advance Lease Rental Deposit’ equalling to ‘Six Months First Year Lease Rentals’ and
‘Project Development Fee’ of Rs.20.00 Lakhs or 1% of the Proposed Project Cost, whichever is higher,
within 15 Days of issue of LoI in the form of Demand Draft drawn on any Nationalised/ Scheduled Bank
(other than Co-Operative Banks).
2. Performance Security in the form of unconditional and irrevocable Bank Guarantee favouring
“Amaravati Development Corporation Ltd.” for Rs.50.00 Lakhs or 2.5% of the Proposed Project Cost,
whichever is higher, within 21 Days from the date of issue of Letter of Award.
Yours faithfully,
APPENDIX-IX
JOINT BIDDING AGREEMENT OF CONSORTIUM MEMBERS
(In case the Bidder being a Consortium)
(On a Non-Judicial Stamp Paper of Rs.100 duly attested by notary public)
THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of ................................20…
AMONGST
1. ……………………………………., a company incorporated under the Companies Act, 1956/2013 (or) a
registered firm vide registration no. …………………….. dated …………………, by the ……………………..
(Registration Authority) 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. ……………………………………., a company incorporated under the Companies Act, 1956/2013 (or) a
registered firm vide registration no. …………………….. dated …………………, by the ……………………..
(Registration Authority) 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)
AND
The Amaravati Development Corporation Limited (ADCL), represented by the Chairperson & Managing
Director, and having its principal office at “D.No.20-4-15, Flat No.-1G, Ananda Heights, Beside Prabhas
College, Kedarewaraopet, Vijayawada, Andhra Pradesh 520003” (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 proposals (the Proposals”) by its ‘Request for Proposal’
No. ………… dated ………… (the “RFP”) for the selection of bidders for Development of ………………………………
Project at ‘Amaravati Central Park’ in ‘Amaravati Capital City’ in Andhra Pradesh (the “Project”) through
Public Private Partnership (PPP) Mode.
A. The Parties are interested in jointly bidding for the Project as Members of a Consortium and in
accordance with the terms and conditions of the RFP document and other bid documents in respect
of the Project, and
B. It is a necessary condition under the RFP document that the Members of the Consortium shall enter
into a Joint Bidding Agreement and furnish a copy thereof with the RFP.
NOW IT IS HEREBY AGREED as follows:
Consortium
The Parties do hereby irrevocably constitute a consortium (the “Consortium”) for the purposes of jointly
participating in the Bidding Process for the Project.
The Parties hereby undertake to participate in the Bidding Process only through this Consortium
and not individually and/ or through any other consortium constituted for this Project, either
directly or indirectly or through any of their Associates.
Covenants
The Parties hereby undertake that in the event the Consortium is declared as the selected Bidder and
awarded the Project, it shall incorporate a Special Purpose Vehicle (the “SPV”) under the Indian
Companies Act, 2013 for entering into a Concession Agreement with the Authority and for
performing all its obligations as the Concessionaire in terms of the Concession Agreement for
the Project.
The Parties hereby undertake to perform the roles and responsibilities as described below:
a) Party of the First Part shall be the Lead Member of the Consortium and shall have the Power of
Attorney from all Parties for conducting all business for and on behalf of the Consortium during the
Bidding Process and until the Appointed Date under the Concession Agreement when all the obligations
of the SPV shall become effective;
b) Party of the Second Part shall be the ……………………......... Member of the Consortium
c) Party of the Third Part shall be the …………………………….. Member of the Consortium; and
The roles and responsibilities of the Members of the Consortium shall be as follows:
a. The Party of the First Part (Lead Member) shall be responsible for:
(i)
(ii)
(iii)
b. The Party of the Second Part shall be responsible for:
(i)
(ii)
(iii)
c. The Party of the Second Part shall be responsible for:
(i)
(ii)
(iii)
a. The Parties agree that the proportion of shareholding among the Parties in the SPV shall be as follows:
1. First Party:
2. Second Party:
3. Third Party:
b. The Parties undertake that, they shall collectively hold an equity shareholding of 100% (hundead per cent) of
the subscribed and paid up equity of the SPV, until date of execution of the ‘Concession Agreement’ and
thereafter at least 51% (fifty one per cent) of the subscribed and paid up equity share capital of the SPV, at
all times until the third anniversary of the date of commencement of commercial operations of Phase I of
the Project.
c. The First Party, Lead Member of the Consortium, shall be required to hold an equity shareholding of at least
26% (twenty Six per cent) of the subscribed and paid up equity share capital of the SPV, until three Years
from the date of commencement of commercial operations of Phase-I of the Project.
d. The Parties, {First/Second/Third} whose experience and net-worth have been reckoned for the purposes of
qualification and short-listing of Bidders for participation in the RFP Stage for the Award of the Project, shall
hold a minimum of 26% (twenty Six per cent) of the subscribed and paid up equity share capital of the SPV,
at all times untill the third anniversary of the date of commencement of commercial operations of Phase I of
the Project.
e. The Parties also undertake that, each of the Parties specified in Clause d above shall hold subscribed and
paid up equity share capital of SPV equivalent to at least 5% (five per cent) of the ‘Total Project Cost’, at all
times until three Years from the date of commencement of commercial operations of Phase I of the Project.
f. The Parties also undertake that, other Members of the Consortium shall hold a minimum of 10% (ten per
cent) of the subscribed and paid up equity share capital of the SPV at all times till the third anniversary of
the date of commencement of commercial operations of Phase I of the Project.
g. In addition to the above, the Parties undertake that they shall comply with all equity lock-in requirements
set forth in the RFP and more particularly the Concession Agreement.
a) Such Party is duly organised, validly existing and in good standing under the laws of its incorporation and
has all requisite power and authority to enter into this Agreement;
b) The execution, delivery and performance by such Party of this Agreement has been authorised by all
necessary and appropriate corporate or governmental action and a copy of the extract of the charter
documents and Board Resolution/ Power of Attorney in favour of the person executing this Agreement
for the delegation of power and authority to execute this Agreement on behalf of the Consortium
Member is annexed to this Agreement, and will not, to the best of its knowledge:
i. require any consent or approval not already obtained;
ii. violate any Applicable Law presently in effect and having applicability to it;
iii. violate the memorandum and articles of association, by-laws or other applicable organisational
documents thereof;
iv. violate any clearance, permit, concession, grant, license or other governmental
Concession, 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.
Termination
This Agreement shall be effective from the date hereof and shall continue in full force and effect until
the Financial Close of the Project is achieved under and in accordance with the Concession
Agreement, in case the Project is awarded to the Consortium. However, in case the Consortium is either
not pre- 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 pre-qualified or upon return of the Bid Security by the Authority
to the Bidder, as the case may be.
Amaravati Development Corporation Limited Page 75
Request for Proposal for “3 Star Resort” at ‘Amaravati Central Park’ in ‘Amaravati Capital City’
Miscellaneous
That in case the project is awarded to the Consortium, the Consortium will carry out all the responsibilities as
the Concessionaire and will comply with all the terms and conditions of the Concession Agreement as would be
entered with the Authority.
The Parties acknowledge and accept that this Agreement shall not be amended by the Parties without the
prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS AGREEMENT AS
OF THE DATE FIRST ABOVE WRITTEN.
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
(Name)
(Designation)
(Address)
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 Consortium 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.
APPENDIX-X
To
The Chairperson & Managing Director,
Amaravati Development Corporation Limited (ADCL)
20-4-15, Plot No.1G, Anand Heights,
Kedareswararaopet, Beside Prabhas College,
Vijayawada-520003. Andhra Pradesh.
Madam / Sir,
Sub: Bid for Development of “3 Star Resort” in 3.00 Acres at ‘Amaravati Central Park’ in ‘Amaravati
Capital City’ on DBFOT Basis in PPP Mode – Covering Letter.
Please find attached our Financial Bid for Development “3 Star Resort” in 3.00 Acres at ‘Amaravati Central
Park’ in ‘Amaravati Capital City’ on DBFOT Basis in PPP Mode.
I/We confirm that the Financial Bid submitted herein above will remain valid till ____________________
(mention the validity period which should be more than 120 Days).
Yours faithfully,
APPENDIX-XI
To
The Chairperson & Managing Director,
Amaravati Development Corporation Limited (ADCL)
20-4-15, Plot No.1G, Anand Heights,
Kedareswararaopet, Beside Prabhas College,
Vijayawada-520003. Andhra Pradesh.
Madam / Sir,
Sub: FINANCIAL BID for Development of “3 Star Resort” in 3.00 Acres at ‘Amaravati Central Park’ in
‘Amaravati Capital City’ on DBFOT Basis in PPP Mode.
1. With reference to your 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. In response to the RFP document, I/ We hereby offer to pay to the ADCL, GoAP, the Revenue Share of Rs.
_______________ (in figures) Rupees _____________________________________ (in words), which is more
than the reserve amount of Rs.20.71 Lakhs (in figures), Rupees Twenty Lakhs and Seventy One
Thousand Only (in words), for the base Year (i.e 5th Year of Concession Period).
3. We further agree that the ‘Revenue Share’ quoted above will be paid from 5th Year to 33rd Year of the
Concession Period with an Annual Increment of Five Percent (5%) Year on Year. We also hereby agree to
pay to ADCL, GoAP, either the ‘Revenue Share’ quoted (including Annual Escalation) or Three Percent (3%) of
the Revenue, whichever is higher for that particular Year.
4. 1/ 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.
5. I/ We believe that we/ our Consortium satisfy(s) the Technical & Financial Criteria and meet(s) the
requirements as specified in the RFP document.
6. I/ We declare that we/ any Member of the Consortium, or our/ its Associates are not a Member of a/any
other Consortium submitting the Bid for this Project.
7. The Revenue Share (Absolute Terms) has been quoted by me/us after taking into consideration all the
terms and conditions stated in the RFP, 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.
Amaravati Development Corporation Limited Page 78
Request for Proposal for “3 Star Resort” at ‘Amaravati Central Park’ in ‘Amaravati Capital City’
8. I/ We agree and undertake to abide by all the terms and conditions of the RFP document.
9. I/We (the Consortium Members) agree and undertake and severally liable for all the obligations of the
Authorisee under the Concession Agreement till occurrence of Financial Close in accordance with the
Concession Agreement.
10. We abide by the above offer/ quote as per terms of the RFP, if ADCL ment selects us as the Preferred
Bidder. We also understand that, in case any differences between the quoted amount in words and figures,
the highest amount will be considered as our quote towards Revenue Share.
11. We Accept that:
a) Payment of the Revenue Share as quoted above shall be paid by us in quarterly instalments,
payable on or before 30th of the last Month of the Quarter.
b) The balance if any, between the Revenue share quoted in absolute figures and the percentage(s)
share of Revenue on actual basis shall be paid within 30 Days from the date of approval of Annual
Accounts by the ADCL for each Year.
Yours faithfully,
APPENDIX-XII
“3 Star Resort” with Health Spa, Banquet Halls & Restaurants and other Guest Facilities & Amenities as per
the Guidelines of MoT., GoI., for 3 Star Classification.
Subject to the MDOs and RFP Specifications, the Developers shall be free to implement their own
concept & design with the approval of ADCL and taking into consideration all the applicable
Bylaws/Norms & Regulations as applicable for the Project site.
The ‘Project Development Plan’ for setting-up of “3 Star Resort” with Health Spa, Banquet Halls &
Restaurants and other Guest Facilities & Amenities, shall adher to the following guidelines.
20-25% of the Resort shall be completed within 12 Months. Rest of the ‘Project Components’ shall be
completed within 24 Months from the date of signing of ‘Concession Agreement’. Total project duration
shall be Two (2) Years and any further extention due to any unforeseen & unavoidable circumstances
shall be considered by the ADCL with mutual consent.
Adopt Water Conservation, water recycling & reuse, rainwater harvesting, zero discharge of waste water
and storm water; and also incorporate Energy efficient designs & utilities, as and where applicable as
suitable to the Concessionaire/Bidder;
Maintain very high quality standards and services at the ‘3 Star Resort’ premises to the visitors of the
Amaravati Central Park. The Project shall be user friendly and provide eased access to differently-abled
persons to the Project facilities, as and where possible at the discretion of the Concessionaire.
All the applicable statutory approvals and clearances from the state, centre etc., is the responsibility of
the Concessionaire/Bidder. Integrated Online Building Permission Management System shall be utilised
by the Concessionaire for Plan approvals from AP CRDA.
Under no circumstances shall these facilities be converted for any other commercial or residential or any
other purposes other than the project components specified for “3 Star Resort” in this RFP Document.
1. The Bidder should provide detailed proposals for different activities as proposed by them.
2. ‘3 Star Resort’ should be developed with a provision to expand as per the design and plan by the
Bidder.
3. Power backup to be maintained for the smooth operation of the ‘3 Star Resort’.
4. Greenery and pathways to be maintained by the Bidder, for which a conceptual layout design to be
submitted and garbage disposal plan details to be provided.
5. Signage Plan with number of boards, direction boards, information boards etc.
6. Qualified Site-in-charge Personnel to be deployed.
7. The Developer shall maintain public liability insurance and ‘Tie-up’ with a hospital shall be
maintained for any emergency.
8. Building Development Regulations shall be as per the ‘Zoning Regulations 2016’ of AP CRDA and
Implementing Policy is ‘Tourism Policy 2015’ of Govt. of A.P. (G.O.Ms.No.9 Dated 12-06-2015 &
G.O.Ms.No.5 Dated 03-06-2016).
9. ADCL shall Monitor & Supervise the Project throughout the implementation period with the help of
experts and consultants from the relavant sector.
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