eco tourism project at teesta , dooars (gajoldoba) west ... rfp vol i march 2015.pdf · iidc...

IIDC LIMITED

Eco Tourism Project at

Teesta , Dooars (Gajoldoba)

West Bengal

REQUEST FOR PROPOSAL: VOL I

RFP for Eco Tourism Projects at Teesta in Dooars (Gajoldoba) Volume I

Page 1 of 98

CONTENTS

DEFINITIONS .................................................................................................................................. 4

SUMMARY OF BIDDING PROCESS............................................................................................ 7

DISCLAIMER .................................................................................................................................. 9

SECTION-1: INTRODUCTION .................................................................................................... 12

1.1 Background .......................................................................................................................... 12

1.2 Brief description of the Bidding Process ............................................................................. 20

1.3 Schedule of Bidding Process ............................................................................................... 22

SECTION-2: INSTRUCTIONS TO BIDDERS ............................................................................. 23

A. GENERAL .............................................................................................................................. 23

2.1 General Terms of Bidding ................................................................................................... 23

2.2 Eligibility of Bidders............................................................................................................ 26

2.3 Number of Bids .................................................................................................................... 31

2.4 Bid and other costs ............................................................................................................... 31

2.5 Site visit and verification of information ............................................................................. 31

2.6 Implementation Structure and Change in Ownership .......................................................... 32

C. DOCUMENTS ........................................................................................................................ 34

2.7 Clarifications ........................................................................................................................ 35

2.8 Amendment of RFP ............................................................................................................. 35

2.9 Right to accept and to reject any or all Bids ........................................................................ 35

D. PREPARATION AND SUBMISSION OF BID .................................................................... 37

2.10 Language .............................................................................................................................. 37

2.11 Documents comprising the Bid ............................................................................................ 37

2.12 Financial Bid / Price Bid ...................................................................................................... 39

2.13 Currencies of Bid and Payment ........................................................................................... 40

2.14 Bid Validity .......................................................................................................................... 40

2.15 Bid Security ......................................................................................................................... 40

2.16 Start of Construction ............................................................................................................ 42

2.17 Format and Signing of Bid ................................................................................................... 42

E. SUBMISSION OF BIDS ........................................................................................................ 43

2.18 Sealing and Marking of Bids ............................................................................................... 43

2.19 Deadline for Submission of Bids (Bid Due Date) ............................................................... 44

2.20 Late Bids .............................................................................................................................. 44

2.21 Withdrawal of Bids .............................................................................................................. 44

F. BID OPENING AND EVALUATION .................................................................................. 46


Page 2 of 98

2.22 Opening of Technical Bid .................................................................................................... 46

2.23 Examination of Basic Eligibility Bid and Determination of Responsiveness ..................... 46

2.24 Opening of Financial Bids ................................................................................................... 47

2.25 Examination of Financial Bids and Determination of Responsiveness of Financial Bid .... 48

2.26 Correction of Errors ............................................................................................................. 48

2.27 Evaluation of Financial Bids and Selection of Bidder ......................................................... 48

2.28 Clarification of Bids ............................................................................................................. 49

2.29 Process to be Confidential ................................................................................................... 49

G. AWARD OF CONTRACT ..................................................................................................... 51

2.30 Not Used .............................................................................................................................. 51

2.31 Authority's Right to Accept any Bid and Reject any or all Bids ......................................... 51

2.32 Letter of Intent ..................................................................................................................... 51

2.33 Highest Upfront Concession Fee and Project Development Fees ....................................... 51

2.34 Performance Security ........................................................................................................... 52

2.35 Signing of Agreement .......................................................................................................... 52

SECTION-3: CRITERIA FOR BID EVALUATION OF BIDDERS ............................................ 53

3.1 Evaluation parameters .......................................................................................................... 53

3.2 Details of Experience ........................................................................................................... 54

3.3 Financial information for purposes of evaluation ................................................................ 54

SECTION-4: FRAUD AND CORRUPT PRACTICES ................................................................. 57

SECTION-5: PRE-BID CONFERENCE ....................................................................................... 59

SECTION-6: MISCELLANEOUS ................................................................................................. 60

Annexure I: Letter Comprising the Bid .......................................................................................... 61

Annexure II: Checklist of Submissions .......................................................................................... 65

Annexure III: Details of Bidder ...................................................................................................... 66

Annexure IV: Experience (Technical Capacity) of Bidder ............................................................. 67

Annexure V: Financial Capacity of the Bidder ............................................................................... 71

Annexure VI: Statement of Legal Capacity .................................................................................... 72

Annexure VII: Power of Attorney for signing of Application ........................................................ 73

Annexure VIII: Litigation History .................................................................................................. 75

Annexure IX: Site Map ................................................................................................................... 76

Annexure X: Project Master Plan ................................................................................................... 77

Annexure XI: Development Guidelines .......................................................................................... 78

Annexure XII: Board Resolution of the Associate Company ......................................................... 81

Annexure XIII: Letter of Undertaking of the Associate Company ................................................. 82

Annexure XIV: Price Bid (Financial Bid) ...................................................................................... 83

Annexure XV: Not Used ................................................................................................................. 84


Page 3 of 98

Annexure XVI: Consortium Documents ...................................................................................... 85

Annexure XVII: Bank Guarantee For Performance Security ....................................................... 93

Annexure XVIII: Guidelines of the Department of Disinvestment .............................................. 97


Page 4 of 98

DEFINITIONS

In this document the following words and expression shall unless repugnant to the context or otherwiae

shall mean.

a Annual Concession

Fee

Shall mean the Annual Concession Fee payable by the Concessionaire as

per Clause 2.12

b Associate

Shall mean, in relation to the Bidder, a person who controls, is controlled

by, or is under the common control with such Bidder . As used in this

definition, the expression “control” means, with respect to a person which

is a company or corporation, the ownership, directly or indirectly, of more

than 50% (fifty per cent) of the voting shares of such person, and with

respect to a person which is not a company or corporation, the power to

direct the management and policies of such person by operation of law or

contract or otherwise

c Authority Shall mean Department of Tourism, Government of West Bengal.

d Bid Due Date Shall mean the last date of submission of Bids as per the terms of this RFP

e Bid Security Means the security specified in Clause 2.15.1

f Bid Validity Period Shall be the required validity period as per the RFP and shall include any

extension.

g Coercive practice

Means impairing or harming or threatening to impair or harm, directly or

indirectly, any person or property to influence any person’s participation

or action in the Bidding Process;

h Concession

Agreement

Shall mean the Agreement to be entered into between DOT, Preferred

Bidder and the Concessionaire in manner & form set out Volume-II of the

RFP.

i Conflict of Interest Shall have the same meaning as specified in Clause 2.1.10

j Consortium Means a group of companies coming together to implement the project as

specified in Clause 2.2.1

k Corrupt practice

Means (i) the offering, giving, receiving, or soliciting, directly or

indirectly, of anything of value to influence the actions of any person

connected with the Bidding Process (for avoidance of doubt, offering of

employment to or employing or engaging in any manner whatsoever,

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

any manner, directly or indirectly with the Bidding Process or the LOI or


Page 5 of 98

has dealt with matters concerning the Concession Agreement or arising

there from, before or after the execution thereof, at any time prior to the

expiry of one year from the date such official resigns or retires from or

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

constitute influencing the actions of a person connected with the Bidding

Process); or (ii) engaging in any manner whatsoever, whether during the

Bidding Process or after the issue of the LOI or after the execution of the

Concession Agreement, as the case may be, any person in respect of any

matter relating to the Project or the LOI or the Concession Agreement,

who at any time has been or is a legal, financial or technical adviser of

DOT in relation to any matter concerning the Project;

l DBFOT Design, Build, Finance, Operate & Transfer

m DOT Department of Tourism, Government of West Bengal

n Financial Bid Will have the meaning as specified in Clause 2.12

o Fraudulent practice Means a misrepresentation or omission of facts or suppression of facts or

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

p Highest Bidder Highest Bidder who has offered the Highest Upfront Fee as specified in

Clause 1.2.5

q Highest Upfront Fee Highest Upfront Fee means the Fee to be paid by the Highest Bidder as

specified in Clause 1.2.5

r Late Bids Shall have the meaning as defined in Clause 2.20

s LoI Letter of Intent

t Net Worth

Shall mean (Subscribed and Paid- up Equity + Reserves) less (Revaluation

reserves + miscellaneous expenditure not written off + reserves not

available for distribution to equity shareholders)

u PPP Public Private Partnership

v Preferred Bidder Shall mean the successful bidder as specified in Clause 2.27.2

w Project Shall mean development of Eco Tourism at Teesta, Dooars in Jalpaiguri

(Gajoldoba) as specified in Clause 1.1.4

x Qualification Criteria Shall be as specified in Clause 2.2.4

y Re. or Rs. or INR Indian Rupee

z Restrictive practice

Means forming a cartel or arriving at any understanding or arrangement

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

fair competition in the Bidding Process or abstaining itself or any person

from bidding as would have the effect of eliminating competition or a


Page 6 of 98

competitor

aa RFP or Request for

Proposals Shall have the meaning as defined in the Disclaimer

ab Shortlisted Bidders Shall have the meaning as specified in Clause 2.23.5

ac Subject Person Shall have the meaning as specified in Clause 2.1.10

ad Technical Committee

A Committee constituted by the Tourism Department, Government of

West Bengal for setting parameters for evaluation of Technical Bid and

also evaluation of the said Bid.

ae Tie Bidders Shall have the meaning as specified in Clause 2.27.3

af Undesirable practice

means (i) establishing contact with any person connected with or

employed or engaged by DOT with the objective of canvassing, lobbying

or in any manner influencing or attempting to influence the Bidding

Process; or (ii) having a Conflict of Interest;


Page 7 of 98

SUMMARY OF BIDDING PROCESS

Flow Chart of Key Bid Evaluation Steps and timelines thereof

Sl. No Stage Particulars

A Opening of Envelope 1

(Basic Eligibility Bid)

Verification of Bid Security as per applicable amount specified

in the RFP in the form of a Bank Draft in favour of Director

Tourism, Government of West Bengal, drawn on a Scheduled

Nationalised Bank and payable at Kolkata

Thereafter evaluation of other Eligibility Bid Documents will be

taken up to ensure that the Eligibility Bids confirm to the

eligibility requirements laid down in clause 2.23 of RFP.

B. Evaluation of Technical

Bid

Technical Bid of only those bidders who are found to be

responsive as per the above stage shall be opened. The Bid shall

be examined by the Technical Committee constituted by The

Tourism Department, Government of West Bengal and only

those Bidders getting 70 marks or above shall be considered for

the next stage.

C. Evaluation of Financial

Bid

Financial Bid of Eligible Bidders getting 70 marks or above

shall be opened & the bidder quoting the highest upfront fee

shall be declared the preferred bidder. At this stage the highest

upfront shall be the sole bidding criteria.

D. Issue of LOI The LOI to the successfully selected Bidder shall be issued by

the Authority within 7 working days of the opening of the

Financial Bid

E. Submission by the

Concessionaire

The Concessionaire shall be required to confirm to the following

requirements:

a) within 15 days of LoI

i) Letter of acceptance

ii) Performance Guarantee document or a Scheduled


Page 8 of 98

Nationalised Bank for an amount of 10% of the upfront

concession fee.

b) within 45 days of LoI :

i) payment of the Highest Upfront Concession Fee in the

form of a Demand Draft drawn on a Scheduled

Nationalized Bank in favour the “Director Tourism,

Government of West Bengal” payable at Kolkata.

ii) Payment of the Project Development Fee in the form of

a Demand Draft drawn on a Scheduled Nationalized

Bank in favour of IIDC Limited payable at Kolkata

F. Form of SPV The Preferred Bidder shall form the SPV prior to the signing of

the Concession Agreement but within 45 days of the LOI

G. Signing of Concession

Agreement

Subject to compliance of the above & other terms of RFP the

Concession Agreement shall be signed within 60 days of issue of

LoI.


Page 9 of 98

DISCLAIMER

1. The information contained in this Request for Proposal document (the “RFP) or subsequently

provided to Bidder(s), whether verbally or in documentary or in any other form by or on behalf of

The Department of Tourism, Government of West Bengal (referred as “DOT” or the“ Authority”)

or any of its employees or advisors, is provided to the Bidder(s) on the terms and conditions set out

in this RFP and such other terms and conditions subject to which such information is provided

2. This RFP document contains brief information about the Project for “Development of Tourism

Hub at Gajoldoba (herein referred to as “Project”) by the successful bidder/developer selected

through a competitive bidding process. The purpose of this RFP Document is to provide Bidders

with information that may be useful to them in the formulation of their bid and for no other

purpose.

3. This RFP is not an agreement and is neither an offer nor invitation by DOT to the prospective

Bidders or any other person but is merely informatory in nature creating no obligation whatsoever.

The terms on which the Project is to be developed and the right of the successful Bidder/applicant

shall be as set out in separate definitive agreement to be entered into by the concerned parties later

.The purpose of the RFP is to provide interested parties with information that may be useful to

them in making their proposal including financial offers (the “Bid”) pursuant to this RFP. This

RFP includes statements, which reflect various assumptions and assessments arrived at by DOT in

relation to the Project. Such assumptions, assessments and statements do not purport to contain the

information that each Bidder may require. This RFP may not be appropriate for all persons, and it

is not possible for DOT, its employees or advisors to consider the investment objectives, financial

situation and particular needs of each party who reads or uses this RFP. The assumptions,

assessments, statements and information contained in this RFP, may not be complete, accurate,

adequate or correct. Each Bidder should, therefore, conduct its own investigations and analysis and

should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions,

assessments, statements and information contained in this RFP and obtain independent advice from

appropriate sources Each Party shall carry out his own due diligence on all relevant issues

including financial viability, technical parameters, site conditions etc and DOT or its advisors do

not guarantee financial and technical viability of the project. This RFP is being made available by

DOT to the interested parties on the terms set out in this RFP. The possession or use of this RFP in

any manner contrary to any applicable law is expressly prohibited. The Bidders shall inform

themselves concerning, and shall observe any applicable legal requirements. The information does

not purport to be comprehensive or to have been independently verified. Nothing in this RFP shall

be construed as legal, financial or tax advice.


Page 10 of 98

4. Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which

depends upon interpretation of law. The information given is not an exhaustive account of

statutory requirements and should not be regarded as complete or authoritative statement of law.

DOT, its employees and advisors accepts no responsibility for the accuracy or otherwise for any

interpretation or opinion on law expressed herein.

5. Neither the information in this RFP nor any other written or oral information in relation to the

selection process of the Bidder for implementing the Project or otherwise is intended to form the

basis of or the inducement for any investment activity or any decision to enter into any contract or

arrangement in relation to the Project and should not be relied as such.

6. DOT, its employees and advisors make no representation or warranty and shall have no liability to

any person, including any Bidder under any law, statute, rules or regulations or tort, principles of

restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may

arise from or be incurred or suffered on account of anything contained in this RFP or otherwise,

including the accuracy, adequacy, correctness, completeness or reliability of the RFP and any

assessment, assumption, statement or information contained therein or deemed to form part of this

RFP or arising in any way in relation to the bidding process.

7. DOT, its employees and advisors also accept no liability of any nature whether resulting from

negligence or otherwise, howsoever caused, arising from reliance of any Bidder upon the

statements contained in this RFP.

8. DOT may in its absolute discretion, but without being under any obligation to do so, update,

amend or supplement the information, statement, assessment or assumptions contained in this RFP.

9. Intimation of discrepancies in the RFP document, if any, should be given to the office of the DOT

immediately by the bidder. If no written communication is received by DOT, it shall be deemed

that the Bidders/applicants are satisfied that the RFP document is complete in all respects.

10. The issuance of this RFP does not in any way imply that DOT is bound to select a Bidder or to

appoint the Preferred Bidder for the Project. DOT reserves the right in its sole discretion, to accept

or reject any or all of the bidders or bids without assigning any reasons thereof.

11. The Bidder shall bear all its costs associated with or relating to the preparation and submission of

its Bid including but not limited to preparing, copying, postage, delivery fees, expenses associated

with any demonstrations or presentations which may be required by DOT or any other costs

incurred in connection with or relating to its Bid. All such costs and expenses will remain with the

Bidder and DOT shall not be liable in any manner whatsoever for the same or for any other costs

or expenses incurred by any Bidder in preparation or submission of the Bid, regardless of the

conduct or outcome of the bidding process.


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12. Nothing in this RFP shall constitute the basis of a contract which may be concluded in relation to

the Project nor shall such documentation/information be used in construing any such contract.

Each Bidder must rely on the terms and conditions contained in any contract, when, and if, finally

executed, subject to such limitations and restrictions which may be specified in such contract.

13. The Bidders are prohibited from any form of collusion or arrangement in an attempt to influence

the selection and award process of the Bid. Giving or offering of any gift, bribe or inducement or

any attempt to any such act on behalf of the Bidder towards any officer/employee of DOT or to

any other person in a position to influence the decision of the DOT for showing any favour in

relation to this RFP or any other contract, shall render the Bidder to such liability/penalty as the

DOT may deem proper, including but not limited to rejection of the Bid of the Bidder and

forfeiture of its Bid Security.

14. Laws of the Republic of India are applicable to this RFP.

15. The RFP is solely for the implementation of the project to be undertaken in accordance with this

RFP on the land the owner of which is and shall always be DoT and the land shall always be

deemed to be in the actual exclusive possession of DoT. The Preferred Bidder shall only make use

of the land to implement the project and the land on which the proposed project is to be under

taken shall in no way be deemed to be transferred by any mode to the Preferred Bidder. Any

attempt to transfer the land by any mode shall be treated as malfeasance and in that event the

Concession Agreement shall be terminated forthwith without any notice and reason and DoT shall

resume the land together with all structures and forfeit the deposit/Performance Guarantee without

any prejudice to any action taken as per law.


Page 12 of 98

SECTION-1: INTRODUCTION

1.1 Background

1.1.1 West Bengal is endowed with diversities of nature and is a tourist’s dream. From the arid Chhota-

nagpur plateau region in the West, rich forests in the North and South, mountains in the North, sea

beaches in the South and rivers crisscrossing the whole of the state, the varied panorama offers the

discerning traveler a wide choice and caters to the requirements of varied travel segments.

1.1.2 The Government of West Bengal recognizes tourism to be amongst the key growth engines for

economic development and employment generation. The Government has already identified

several projects which would develop West Bengal as an ideal tourism destination. The

Government is committed to provide adequate supporting infrastructure for Tourism Project and

various steps are being taken in this regard.

1.1.3 In furtherance to this objective, the Government of West Bengal has identified key Tourism

Projects (Tourism Parks/Tourism Circuits etc) which are planned to be implemented in association

with suitable Private Partners identified through a transparent bidding process.

1.1.4 Development of Eco Tourism at Teesta in Dooars, Jalpaiguri (Gajoldoba) , (the “Project”) is one

such priority project which has been identified by the Department of Tourism, Government of

West Bengal for priority implementation. The Project is positioned to tap the demand of the

tourism segment and thus act as an engine of economic growth at the region. The Tourism Hub is

being planned with high quality infrastructure so as to attract national as well as international

tourists.

1.1.5 A Project Master Plan has been prepared and various components identified for implementation.

The Project Components as identified are to be implemented on a PPP Framework while the DOT

would take up development of the key common infrastructure. A detailed infrastructure plan

involving Water, Sewerage, Drainage and Road has already been developed and is in the process

of being taken up for implementation.


Page 13 of 98

1.1.6 DOT intends to select private sector developers for Design, Construction, Financing, Operation &

Maintenance of the various components identified under the Master Plan (Project Components), in

terms of the specifications and performance standards as set out in this bid document and the

Concession Agreement through a transparent and competitive single stage bidding process. The

Authority invites sealed Bids comprising Basic Eligibility Bid, Technical Bid and Price Bid from

interested parties (herein referred to as “Bidders”) for developing the various Project Components

as specified in Clause 1.1.3. A Bidder may bid for one or more of the Project Components subject

to a maximum of three components. The private sector developer (Preferred Bidders) shall be

handed over the possession of the Project Facility required for the respective Project Component

on a as-is-where-is basis for a period of thirty (30) years from the date of execution of the

Concession Agreement and in terms thereof (herein referred to as “Concession Agreement”).

Subject to the Concessionaire being in due compliance with the terms hereof during the

Concession Period, the Concession may be renewed by the Parties for two successive terms of 30

(thirty) years each, subject to payment of Upfront Fee (at the commencement of such term) which

shall: (i) be equivalent to the Highest Upfront Fee escalated by 5% p.a. on the immediately

preceding concession period; and (ii) payment of Annual Concession Fee of an amount equivalent

to 1% (one percent) of the above referred upfront fee, and upon such other terms and conditions as

may be mutually agreed to by the Parties

1.1.7 The scope of work for the Project shall broadly include:

a) Planning, Design, Financing, Construction, Marketing, Managing, Operating and Maintaining

the respective Project Component as per the development guidelines , good industry practices,

overall objectives of the Tourism Hub, best industry practices, specifications and performance

standards.

b) Implementation of the Project and bringing in the required investment for the Project as per the

preferred bidder’s RFP submissions and as per the detailed project report (DPR) approved by

the Authority.

c) Payment of all amounts in terms of the Project Agreement to the Authority

1.1.8 A site map of the Project site is enclosed herewith as Annexure IX.

1.1.9 A Bidder can be a company/ partnership firm/other legal entity incorporated/established as per the

applicable laws of the country of its origin (the “Bidder(s)”). Subject to terms and conditions

mentioned herein, a consortium of maximum two agencies shall be allowed to bid and any Bid

submitted by a consortium of entities exceeding two members shall not be considered for

evaluation under this RFP. Upon selection, the Preferred Bidder shall be required to incorporate a

company under the Companies Act, 1956, as a special purpose company prior to execution of the


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concession agreement (hereinafter referred to as ‘Concessionaire’) for the implementation of the

Project under and in accordance with the provisions of the concession agreement (the “Concession

Agreement”) to be entered into between the Preferred Bidder, Concessionaire and the Authority in

the form provided by the Authority as part of the Bidding Documents pursuant hereto.

Throughout these bidding documents, the terms ‘Bid’ and ‘Tender’ and their derivatives (bidder/

tenderer/ , bidder/applicant, bid/ tender, bidding/ tendering, etc.) are synonymous.

1.1.10 The Concession Agreement to be entered into between DOT, Preferred Bidder and the

Concessionaire shall set forth the detailed terms and conditions for grant of Concession to the

Concessionaire, including the scope of the Concessionaire’s services and obligations (the

“Concession”).

1.1.11 The statements and explanations contained in this RFP are intended to provide a proper

understanding to the Bidders about the subject matter of this RFP and should not be construed or

interpreted as limiting in any way or in any manner the scope of services and obligations of the

Concessionaire set forth in the Concession Agreement or the Authority’s rights to amend, alter,

change, supplement or clarify the scope of work, the Concession to be awarded pursuant to this

RFP or the terms thereof or herein contained. Consequently, any omissions, conflicts or

contradictions in the Bidding Documents including this RFP are to be noted, interpreted and

applied appropriately to give effect to this intent, and no claims on that account shall be

entertained by the Authority.

1.1.12 The Authority shall receive Bids pursuant to this RFP in accordance with the terms and conditions

set forth herein and other documents as provided by the Authority pursuant to this RFP and as

modified, altered, amended and clarified from time to time by the Authority (collectively the

"Bidding Documents"). All the Bids shall be prepared and submitted in accordance with such

prescribed terms and conditions on or before the date specified in clause 1.3 of this RFP for

submission of Bids (the “Bid Due Date”).

1.1.13 Proposed Tourism Park at Gajoldoba

a. The Department of Tourism, Government of West Bengal proposes to develop a Tourism Park

on its land of around 208 acres situated adjacent to the Teesta Barrage. The site is suitable for

Tourism and is surrounded by the Teesta Barrage, Teesta Canal and the Baikunthapur Forest

and is rich in natural beauty and splendor. The Department of Tourism has already taken up

steps for development of supporting infrastructure for the proposed Initiative.


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b. The following land use has been proposed for the area :

Sl No. UNITS acres

1 Lake Plaza 4

2 Ayurvedic Spa village 4

3 High End Eco-Lake Resort 13

4 Star Category Eco-Resort - I 6

5 Star Category Eco- Resort II 3

6 Star Category Eco- Resort III 3

7 Hospitality Training Institute 4

8 Reception / Interpretation 3

9 Utilities (2+6) 8

10 Budget Eco Resort I 1.75

11 Budget Eco Resort II 1.75

12 Budget Eco Resort III 1.75

13 Cultural Area 13

14 Parking 4

15 Amusement Park 8

16 Youth Hostel [Yuva Kendra] 2

17 Retirement Home 2

18 Camping Area 5

19 Golf Course & Academy 83

20 Elephant Zone 5

21 Buffer 8

22 Lake 14

23 Road 9


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The Following Project Components (as identified in the Matser Plan provided as Annexure

X) are being currently offered under this bid:

1.1.14 Introduction to Gajoldoba

Gajoldoba is a barrage, based on the

River Teesta. The barrages attract a

large number of wintering

waterfowls. The area is also a part of

the Terai-Dooars Forest Circuit

which covers the Mahananda

Wildlife Sanctuary, large

Baikanthapur Forest division,

Gorumara National Park, etc.

The region is ideal for Nature Tourism particularly for bird watchers. Water & Forest attracts a

number of birds from Ladakh and Central Asia. This place is also frequented by the beauty

Brahmini Ducks, Bar Headed Goose, Poachards, Pintails, Shovlers, mallards, black Ibis, and

many species of storks, cormorants and ducks. It is a good place to see migrating and wintering

24 Bird Watching area 1.47

25 Entry Gate Plaza & Boating Point 0.28

TOTAL 208

UNITS sqm Acres

Star Category Eco- Resort II 12494 3

Star Category Eco- Resort III 12411 3

Hospitality Training Institute 16960 4

Budget Eco Resort I 7066 1.75

Budget Eco Resort II 7094 1.75

Budget Eco Resort III 7075 1.75


Page 17 of 98

raptors, plus grebes. Some birds seen here are Common Shelduck, Falcated Duck, Garganey,

Red-crested Pochard, Ferruginous Pochard, Lesser Sand Plover, Northern Lapwing, Osprey,

Western and Eastern Marsh Harriers, Hen Harrier, Peregrine, Great Crested and Black-necked

Grebes. The Baikunthapur forest which is adjacent to the site offers opportunities for wild life

and nature tourism.

The dense Baikunthapur Forest has the potential of becoming one of the most attractive tourism

destinations of West Bengal.

Project Location

Gajoldoba is located around 35 km South-east of Siliguri which is a busy business hub in North

Bengal and acts as an important corridor to Nepal, Bhutan, Bangladesh and the North Eastern

States. Bagdogra Airport and New Jalpaiguri Railhead are on the outskirts of the Siliguri town

and Siliguri is very well connected to almost all major cities of India. Siliguri is already a major

Tourism Gateway.


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Project Rationale

Some of the key features of the site which makes the location attractive for Tourism are as

follows:

Unparalleled natural beauty by the side of the barrage and dense forest.

Strong connectivity with Siliguri and rest of the country


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Area is enriched with river, reservoirs, hillock, dense forest and wildlife. All these create

wide opportunities for tourism

activities.

The site has an ambience of natural

greenery due to presence of lush

green luxuriant trees.

Popular picnic spot as well as perfect

place for birds watcher in the region

Availability of vast stretches of Land

Further details on the Tourism Activities and Project Plan are provided in the Project

Information Memorandum.

1.1.15 The Bidder shall pay Rs 20,000/ (Rupees Twenty thousand only) to the Authority as non-

refundable cost of procuring the RFP documents being provided to the Bidders, by way of a

demand draft in favor of ‘Director, Department of Tourism, Government of West Bengal, drawn

on a Scheduled Nationalised Bank, and payable at Kolkata. Alternatively Bidder can also

download the RFP document from the websites www.westbengaltourism.gov.in,

banglarrmukh.com or www.iidcindia.co.in. However in such case the Bidder/(s) shall submit the

said demand draft (non refundable) along with the Bid. In case Bidder submits more than one

component, then each bid should be accompanied by the Demand Draft or procured from DOT by

http://www.westbengaltourism.gov.in/

http://www.iidcindia.co.in/


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payment of draft as mentioned herein provided that a bidder can bid for a maximum of three

components.

1.1.16 In order to assist DOT to carry out the Bidding Process, IIDC Limited (formerly IL&FS

Infrastructure Development Corporation Limited) has been appointed to act as the Project advisor

to undertake the Project development activities inter-alia including preparation of Bidding

Documents and selection of the Preferred Bidder in terms hereof.

1.2 Brief description of the Bidding Process

1.2.1 DOT invites sealed Basic Eligibility Submission, Technical Bids and Price Bids (hereinafter

collectively referred to as the “Bid”) from Bidders for design, financing, construction and

operation of the Project Components. The Authority has adopted a single-stage process (referred

to as the "Bidding Process") for selection of the Preferred Bidder for undertaking the Project

Components in terms hereof. The Bid submission is envisaged in three parts, Basic Eligibility

Submission (Envelope I) Technical Bid (Envelope II) and Financial Bid (Envelope III).

.Envelope II of only those bidders whose Eligibility Submission is found to be responsive and

fulfills the qualification requirements shall be opened. The Bidders scoring the qualifying marks

as per Envelope II shall be declared as shortlisted and Financial Bids of only such bidders shall

be opened. Bid Security of those Bidders who do not qualify at this stage shall be returned.

1.2.2 This RFP document contains information about the Project, Bidding Process, Bid submission,

Qualification and Financial Bid requirements.

1.2.3 The Bid shall be valid for a period of not less than 180 days from the Bid Due Date.

1.2.4 A Bidder is required to deposit, along with its Bid, a Bid Security equivalent to an amount as

specified in Clause no. 2.15.1 of this RFP Document.

Bidders are invited to examine the Project site, and to carry out, at their cost, such studies as may

be required for submitting their respective Bids for undertaking the Project including

implementation of the Project.

In the event the Bidders wish to visit the Project Site, such Bidders shall inform DOT and IL&FS

by way of sufficient notice with name of the persons (maximum no, of two persons for each

Bidder). DOT shall notify the date for such visit, on receipt of the request from Bidders. The

Bidders shall bear their respective expenses in relation to the visit. The Bidder shall indemnify

the Authority in respect to all liabilities which may arise out of the said Project site visit or

survey investigation carried out on or about the Project Facility by the Bidders. By submitting its


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bid, the bidder accepts and confirms that the bidder has conducted his independent due diligence

and has taken into account all risks that may affect the project and indemnifies DOT and its

advisors from any liabilities whatsoever.

1.2.5 Bids are invited for the Project on the basis of highest upfront fee (the “Highest Upfront Fee”)

offered to the Authority by a Bidder for the grant of the Project. The Highest Upfront Fee shall

constitute the sole criteria for evaluation of Financial Bids. In this RFP, the term “Highest

Bidder” shall mean the Bidder who is offering the highest upfront. Generally the Highest Bidder

shall be the Preferred Bidder. The other bidders will be kept in reserve and may, in accordance

with the process specified in the RFP, be invited to match the bid submitted by the Highest

Bidder in a case where the Highest Bidder withdraws or is not selected for any reason. If none of

the Bidders match the bid of the Highest Bidder, DOT may, in its sole discretion, invite fresh

bids from all bidders or annul the Bidding Process, as the case may be.

1.2.6 A Concession Agreement will be entered between the Authority, Preferred Bidder and the

Concessionaire incorporated by the Preferred Bidder under the provisions of the Companies Act,

1956, for undertaking the Project. The Bidding Documents includes the draft Concession

Agreement..Subject to the provisions of Clause 2.8.3, the aforesaid documents and any addenda

issued subsequent to this RFP Document, but before the Bid Due Date, will be deemed to form

part of the Bidding Documents.

1.2.7 Any award pursuant to the Bidding Process shall be subject to the terms and conditions of

Bidding Documents.

1.2.8 Any queries or request for additional information concerning this RFP shall be submitted in

writing or by fax and e-mail to the officers designated in Clause 2.11.3 and at IIDC’s address as

mentioned in Clause 2.11.3 (A). The envelopes/ communication shall clearly bear the following

identification/ title:

"Queries/Request for Additional Information: RFP for “Development of Eco

Tourism at Teesta, Dooars, in Jalpaiguri (Gajoldoba)”


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1.3 Schedule of Bidding Process

DOT shall endeavor to adhere to the following bidding schedule:

Sl No Event Description Estimated Date

1 Uploading of Bid 10/03/2015

2 Last date for receiving queries 17/03/2015

3

Pre Bid Meeting

(please refer section-5 of this RFP)

13.00 hrs of 18/03/2015 at the

Conference Room (3rd

Floor)

Block A,

New Secretariat Building

1, Kiron Shankar Roy Road

Kolkata 700 001

4 Bid Due Date 15.00 hrs (IST) of 21/04/2015

5 Opening of Technical Bids 16.00 hrs (IST) of 21/04/2015

6

Shortlisting of Bidder

(to be noted through

www.westbengaltourism.gov.in )

To Be Announced

7 Opening of Financial Bid To Be Announced



Page 23 of 98

SECTION-2: INSTRUCTIONS TO BIDDERS

A. GENERAL

2.1 General Terms of Bidding

2.1.1 A Bidder is eligible to submit only one Bid for one component. No Bidder shall submit more than

one Bid for one Project Component.

2.1.2 Notwithstanding anything to the contrary contained in this RFP, the detailed terms of the draft

Concession Agreement shall have overriding effect and shall prevail over the terms of this RFP to

the extent of any repugnancy between them; provided, however, that any conditions or obligations

imposed on the Bidder hereunder shall continue to have effect in addition to its obligations under

the draft Concession Agreement.

2.1.3 The Financial Bid shall be furnished in the format at Annexure XIV clearly indicating the amount

of Upfront payable by the Concessionaire to DOT in both figures and words, in Indian Rupees, and

signed by the Bidder’s authorized signatory. In the event of any difference between figures and

words, the amount indicated in words shall be taken into account.

2.1.4 The Bidder shall deposit a Bid Security in accordance to the provision of this RFP Document.

2.1.5 The Bidder shall submit a copy of the RFP document, along with any amendments, duly stamped

and signed by its authorized signatory. The Bidder shall submit a Power of Attorney as per the

format at Annexure VII, authorizing the signatory of the Bid to commit the Bidder

2.1.6 Any entity which has been barred by the Central/ State Government, or any entity controlled by it,

from participating in any project (BOT or otherwise), and the bar subsists as on the date of

bidding, would not be eligible to submit a Bid. A Bidder including any Associate should, in the

last 3 (three) years, have neither failed to perform on any contract, as evidenced by imposition of a

penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against

the Bidder, or Associate thereof, as the case may be, nor has been expelled from any project or

contract by any public entity nor have had any contract terminated by any public entity for breach

by such Bidder, or Associate thereof.

2.1.7 Any condition or qualification or any other stipulation contained in the Bid shall render the Bid

liable to rejection as a non-responsive Bid.

2.1.8 The Bid and all communications in relation to or concerning the Bidding Documents and the Bid

shall be in English language.

2.1.9 The Bidding Documents including this RFP and all attached documents are and shall remain the

property of the Authority and are transmitted to the Bidders solely for the purpose of preparation

and the submission of a Bid in accordance herewith. Bidders are to treat all information as strictly


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confidential and shall not use it for any purpose other than for preparation and submission of their

Bid. The provisions of this Clause 2.1.9 shall also apply mutatis mutandis to Bids and all other

documents submitted by the Bidders, and the Authority will not return to Bidders any Bid or any

information provided along therewith.

2.1.10 A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding

Process. Any Bidder found to have a Conflict of Interest shall be disqualified. In the event of

disqualification, Authority shall forfeit the Bid Security or Performance Security (in case of

Preferred bidder, after the Project is awarded to him) , as the case may be, as mutually agreed

genuine pre-estimated loss and damage likely to be suffered and incurred by the Authority and not

by way of penalty for, inter alia, the time, cost and effort of Authority, including consideration of

such Bidder’s Bid, without prejudice to any other right or remedy that may be available to the

Authority hereunder or/and the Concession Agreement or otherwise. Without limiting the

generality of the above, a Bidder shall be considered to have a Conflict of Interest that affects the

Bidding Process, if:

(i) the Bidder, its Member or Associate (or any constituent thereof) and any other Bidder, or

any Associate thereof (or any constituent thereof) have common controlling shareholders

or other ownership interest; provided that this disqualification shall not apply in cases

where the direct or indirect shareholding of a Bidder or an Associate thereof (or any

shareholder thereof having a shareholding of more than 5% (five per cent) of the paid up

and subscribed share capital of such Bidder, or Associate, as the case may be) in the other

Bidder, its Associate, is less than 5% (five per cent) of the subscribed and paid up equity

share capital thereof; provided further that this disqualification shall not apply to any

ownership by a bank, insurance company, pension fund or a public financial institution

referred to in section 4A of the Companies Act, 1956. For the purposes of this Clause

2.1.10 indirect shareholding held through one or more intermediate persons shall be

computed as follows: (aa) where any intermediary is controlled by a person through

management control or otherwise, the entire shareholding held by such controlled

intermediary in any other person (the “Subject Person”) shall be taken into account for

computing the shareholding of such controlling person in the Subject Person; and (bb)

subject always to sub-clause (aa) above, where a person does not exercise control over an

intermediary, which has shareholding in the Subject Person, the computation of indirect

shareholding of such person in the Subject Person shall be undertaken on a proportionate

basis; provided, however, that no such shareholding shall be reckoned under this sub-

clause (bb) if the shareholding of such person in the intermediary is less than 26% of the

subscribed and paid up equity shareholding of such intermediary; or


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

(iii) such Bidder or any Associate thereof receives or has received any direct or indirect

subsidy, grant, concessional loan or subordinated debt from any other Bidder, its Member

or Associate, or has provided any such subsidy, grant, concessional loan or subordinated

debt to any other Bidder or any Associate thereof; or

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

or

(v) such Bidder or any Associate thereof has a relationship with another Bidder, or any

Associate thereof, directly or through common third parties, that puts them in a position to

have access to each others’ information about, or to influence the Bid of either or each of

the other Bidder; or

(vi) such Bidder has participated as a consultant to Authority in the preparation of any

documents, design or technical specifications of the Project.

For purposes of this RFP, Associate means, in relation to the Bidder, a person who controls, is

controlled by, or is under the common control with such Bidder (the “Associate”). As used in this

definition, the expression “control” means, with respect to a person which is a company or

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

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

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

otherwise.

2.1.12 A Bidder shall be liable for disqualification and forfeiture of Bid Security if any legal, financial or

technical adviser of the Authority in relation to the Project is engaged by the Bidder in any manner

for matters related to or incidental therewith to such Project during the Bidding Process.

2.1.13 This RFP is non- transferable.

2.1.14 Any award of contract pursuant to this RFP shall be subject to the terms of Bidding Documents.

2.1.15. The Preferred Bidder would be required to make the following Payments:

The Preferred Bidder shall make the following non-refundable, irrevocable payment prior of the

signing of the concession agreement and within 30 days from the date of issuance of LOI.

All fees are exclusive of service tax and which shall be payable as applicable

A. Highest Upfront Fee as per clause no. 1.2.5 of RFP, in the form of a bank draft from a

Scheduled Nationalized Bank in favor of Director, Tourism Department, Government of West

Bengal payable at Kolkata.


Page 26 of 98

B. Project Development Fee

A fee equivalent to the applicable percentage cost of the Project Cost (as defined in the Project

Information Memorandum) Project Development Fee along with applicable service tax and other

levies, by way of demand draft in favour of IL&FS Infrastructure Development Limited, payable at

Kolkata.

The applicable rates for the various categories of the project are as follows:

Sl

No

Project Cost

(In Rs Crs)

Project

Development Fee

1 Upto to Rs 100 (crs) 1.00%

2 Rs 100-200 (crs) 0.75%

3 Rs 200-500 (crs) 0.55%

4 Rs 500-1000 (crs) 0.50%

5 Above Rs 1000 (crs) 0.375%

2.2 Eligibility of Bidders

2.2.1 The Applicant may be a single entity or a group of entities (the “Consortium”), coming together

to implement the Project. However, no applicant applying individually or as a member of a

Consortium, as the case may be, can be member of another Applicant Consortium. The term

Applicant used herein would apply to both a single entity and a Consortium.

2.2.2 An Applicant shall not have a conflict of interest that affects the Bidding Process. Any Applicant

found to have a Conflict of Interest shall be disqualified. An Applicant shall be deemed to have a

Conflict of Interest that affects the Bidding Process, if a constituent of such Applicant is also a

constituent of another Applicant;

2.2.3 Where the Applicant is a single entity, it may be required to incorporate a company under the

Companies Act, 1956 as a Special Purpose Vehicle (SPV), as its wholly owned company, to

execute the Concession Agreement and implement the Project. In case the Applicant is a

Consortium, it shall, in addition to forming an SPV as its wholly owned company, comply with the

following additional requirements:

a. Number of members in a consortium should be limited to 2 (two) members;

b. the Application should contain the information required for each member of the

Consortium;


Page 27 of 98

c. members of the Consortium shall nominate one member as the lead member (the “Lead

Member”), who shall have at least 51% of the paid up and subscribed equity of the SPV.

The nomination(s) shall be supported by a Power of Attorney, as per the format at

Annexure-XVI, signed by all the members of the Consortium;

d. members of the Consortium shall enter into formal understanding vide a Jt. Bidding

Agreement substantially in the format set out in Annexure XVI, for the purpose of making

the Application for the project.

e. except as provided under this EOI and the bidding documents, there shall not be any

amendment to the Jt. Bidding Agreement without the prior written consent of the

Authority

2.2.4 The Bidder shall provide all the information sought under this three envelope format consisting of

the Basic Eligibility Submission, Technical Bid and Financial Bid. The Authority shall only open

the Financial Bid of only those Bidders whose Basic Eligibility Submission is found to be

responsive and who have scored 70 marks or above in the Technical Bid.

Basic Eligibility Criteria (Qualification): The first step of the bidding process involves

qualification (the “Qualification”) of interested parties who make a Bid in accordance with the

provisions of this RFP. The Bidders whose Bids are adjudged responsive in accordance with

requirements of this RFP shall only be considered for Bid evaluation. The Qualification Bids of

those Bidders whose Bids are adjudged responsive in accordance with requirements of this RFP

shall be evaluated on the basis of the following criteria (the “Qualification Criteria”):

A: Technical Capacity

The Applicant /Consortium should have the following minimum Technical experience:

a. Development/Operation of at least two similar projects for a minimum period of three years

(one similar project for Hospitality Training Institute) in the component/ Category/(s) it desires

to bid for. The Project should be operational at the time of the issue.

OR

b. Development /Construction of a Real Estate Project with a minimum investment as follows

which was commissioned during the last five financial years immediately preceding the

Application Due Date


Page 28 of 98

Budget Hotel Rs 10 crores

Institute of Hotel Management Rs 15 crores

Star Category Resorts Rs 20 crores

AND

Specific tie up with an agency fulfilling the qualification criteria at (a) above in case the bidder

does not qualify to the qualification requirement mentioned in a. above.

Note:

i. Development means Conceptualize, plan, design, finance, construct, build and market

ii. Similar type of Project Experience shall mean

Budget Resort means Resort/Hotel having a minimum twenty rooms

For Star Category Resorts, resorts/hotels having minimum 30 air conditioned rooms, two

restaurants, banquet hall and swimming pool/indoor games facilities

In case of Hospitality Training Institute, experience in Hospitality Training Institute or

Education Institution in India or abroad

iii. Real Estate Project would include development of residential projects (such as

townships, housing colonies, apartments /group housing, cottages/villas),

commercial/retail projects (such as malls, hotels, shopping complexes, office complexes,

town/district centres, Institutional Buildings.),

iv. Applicant shall attach necessary supporting documents for consideration of projects

under development/construction experience.

v. The Lead Member shall be required to fulfill 50% of the Financial Criteria


Page 29 of 98

B: Financial Capacity:

The Bidder shall fulfil the following Financial Requirement:

The Bidder shall enclose with its Bid, certificate(s) from its statutory auditors specifying the net

worth of the Bidder, as at the close of the preceding financial year, and also specifying that the

methodology adopted for calculating such net worth conforms to the provisions of this Clause 2.2

of the RFP. For the purposes of this RFP, Net Worth shall mean (Subscribed and Paid- up Equity +

Reserves) less (Revaluation reserves + miscellaneous expenditure not written off + reserves not

available for distribution to equity shareholders)

The Technical Bids of the Bidders fulfilling the Basic Eligibility Requirements will be thereafter

opened and checked for their completeness and responsiveness. Those bidders whose technical

bids are found to be complete shall be called upon to make the presentation of detailed Business

Plan/ Project concept as detailed in the RFP before the Committee formed for the purpose by the

Government of West Bengal..

Based on the submitted Technical Proposal and presentation made, the Committees shall award

marks as per the following criteria approved by the Committee:

The Financial Bid of those bidders who qualify as per the Basic Eligibility Submission and

score 70 marks of above in the Technical Bid shall only be opened. The Bidder quoting the

highest upfront fee shall be then declared the preferred bidder.

2.2.5 Litigation History: The Bidder should provide accurate information about any litigation or

arbitration resulting from contracts completed or ongoing under its execution over the last five

years. A history of award(s) against the Bidder will result in summary rejection of the Bid.

Suppression of any information or material in this regard would be construed as a fundamental

Units Net Worth

Requirement INR’crs

Budget Hotels 5

Hospitality Training Institute 10

Star Category Resorts 10


Page 30 of 98

breach and the Authority reserves its right to take appropriate action including

rejection/disqualification of the Bid, forfeiture of Bid Security etc. as may be deemed fit and

proper by the Authority at any time without requiring giving any notice to the Bidder in this

regard.

2.2.6 Bidders shall provide such evidence of their continued eligibility criteria fulfillment in terms

hereof to the Authority as the Authority shall reasonably request.

2.2.7 In computing the Technical and Financial Capacity of the Bidder the Capacity of their Associates

would be eligible provided however that the Bidder shall provide Board Resolution (as per format

provided in Annexure XII) and Letter of undertaking (Annexure XIII) in respect thereof, from

such Associate.

2.2.6 Any entity which has been barred by the Central/ Government of West Bengal, or any entity

controlled by it, from participating in any project (BOT or otherwise), and the bar subsists as on

the Bid Due Date, would not be eligible to submit a Bid.

2.2.7 A Bidder or an Associate thereof should, in the last 3 (three) years, have neither failed to perform

on any contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a

judicial pronouncement or arbitration award against the Bidder or its Associate, as the case may

be, nor has been expelled from any project or contract by any public entity nor have had any

contract terminated by any public entity for breach by Bidder or Associate its.

2.2.8 While participation is open to persons from any country, the following provisions shall apply:

(a) Where, on the date of bidding, not less than 15% (fifteen per cent) of the aggregate issued,

subscribed and paid up equity share capital in a Bidder is held by persons resident outside India or

where a Bidder is controlled by persons resident outside India; or

(b) if at any subsequent stage after the date of the Bid submission, there is an acquisition of not less

than 15% (fifteen per cent) of the aggregate issued, subscribed and paid up equity share capital or

control, by persons resident outside India, in or of the Bidder;

Then the Qualification of such Bidder or in the event described in sub-clause (b) above, the

continued Qualification of the Bidder shall be subject to approval of the Authority from national

security and public interest perspective. The decision of the Authority in this behalf shall be final

and conclusive and binding on the Applicant.

The holding or acquisition of equity or control, as above, shall include direct or indirect holding/

acquisition, including by transfer, of the direct or indirect legal or beneficial ownership or control,

by persons acting for themselves or in concert and in determining such holding or acquisition, the

Authority shall be guided by the principles, precedents and definitions contained in the Securities

and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations,


Page 31 of 98

2011, or any substitute thereof, as in force on the date of such acquisition.

The Bidder shall promptly inform the Authority of any change in the shareholding, as above, and

failure to do so shall render the Bidder liable for disqualification from the Bidding Process.

2.3 Number of Bids

A Bidder is eligible to submit only one Bid for one component. In case the aforesaid is not

conformed to, the Authority shall reject all the Bids of which the defaulting Bidder is a party. A

single bidder (including a consortium) can bid for a maximum of three components.

2.4 Bid and other costs

The Bidders shall be responsible for all costs associated with the preparation of their Bids and their

participation in the Bid. The Authority will not be responsible or in any way liable for such costs,

regardless of the conduct or outcome of the Bidding Process.

2.5 Site visit and verification of information

Bidders are encouraged to submit their respective Bids after visiting the Project site and

ascertaining for themselves the site conditions, traffic, location, surroundings, climate, availability

of power, water and other utilities, access to site, handling and storage of materials, weather data,

applicable laws and regulations, and any other matter considered relevant by them.

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

a. made visit to the Project Site and has ascertained the site conditions, locations, climate,

availability of infrastructure and other applicable laws and regulations of the state

b. made a complete and careful examination of the Bid document including draft Concession

Agreement;

c. received all relevant information requested from DOT;

d. accepted the risk of inadequacy, error or mistake in the information provided in the Bid

document or furnished by or on behalf of DOT relating to any of the matters referred to in

Clause 2.5 above; and

e. Satisfied itself about all matters, things and information including matters referred to in

Clause 2.5 hereinabove necessary and required for submitting an informed Bid, execution


Page 32 of 98

of the Project in accordance with the Bidding Documents and performance of all of its

obligations there under.

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

information provided in the Bidding Documents or ignorance of any of the matters referred

to in Clause 2.5 hereinabove shall not be a basis for any claim for compensation, damages,

extension of time for performance of its obligations, loss of profits etc. from the Authority,

or a ground for termination of the Concession Agreement by the Concessionaire.

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

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

i. made its own independent due diligence and satisfied itself on the viability of the project..

2.5.2 DOT shall not be liable for any omission, mistake or error in respect of any of the above or on

account of any matter or thing arising out of or concerning or relating to the Bid document or the

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

DOT.

2.5.3 The Bidder shall also submit an affidavit to be sworn before a First Class Judicial Magistrate

acknowledging Clause 2.5.1 & 2.5.2.

2.6 Implementation Structure and Change in Ownership

2.6.1 The Preferred Bidder shall prior to execution of the Concession Agreement, incorporate a special

purpose vehicle under the Companies Act, 1956, as its wholly owned company, to act as the

Concessionaire and to implement the Project in terms of the Concession Agreement. The Preferred

Bidder shall hold a minimum of 51 percent of the paid up and subscribed equity share capital of

the Concessionaire at all times till the tenth anniversary of the construction completion of the

Project.

2.6.2 By submitting the Bid, the Bidder shall be deemed to have acknowledged and agreed that in the

event of a change in control of the Associate(s) whose Technical Capacity and/ or Financial

Capacity shall be taken into consideration for the purposes of Qualification under and in

accordance with this RFP, the Bidder shall be deemed to have knowledge of the same and shall be

required to inform the Authority forthwith along with all relevant particulars about the same and

the Authority may, in its sole discretion, disqualify the Bidder or withdraw the LOA from the

Preferred Bidder, as the case may be. In the event such change in control occurs after signing of


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the Concession Agreement but prior to Financial Close of the Project, it would, notwithstanding

anything to the contrary contained in the Concession Agreement, be deemed to be a breach of the

Concession Agreement, and the same shall be liable to be terminated without the Authority being

liable in any manner whatsoever to the Concessionaire. In such an event, notwithstanding anything

to the contrary contained in the Concession Agreement, the Authority shall be entitled to forfeit

and appropriate the Bid Security or Performance Security, as the case may be, as Damages,

without prejudice to any other right or remedy that may be available to the Authority under the

Bidding Documents and/ or the Concession Agreement or otherwise.

.


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C. DOCUMENTS

Contents of the RFP

This RFP comprises the disclaimer set forth hereinabove, the contents as listed below, and will

additionally include any Addenda issued in accordance with Clause 2.8.

Volume I: Request for Proposal

SECTION: 1 Introduction

SECTION: 2 Instructions To Bidders

SECTION: 3 Criteria for Evaluation of Bids

SECTION: 4 Fraud And Corrupt Practices

SECTION: 5 Pre-Bid Conference

SECTION: 6 Miscellaneous

Annexure

Annexure I Letter Comprising the Bid

Annexure II Checklist

Annexure III Details of Bidder

Annexure IV Technical Capacity of Bidder

Annexure V Financial Capacity of the Bidder

Annexure VI Statement of Legal Capacity

Annexure VII Power of Attorney for signing of Bid

Annexure VIII Litigation History

Annexure IX Site Map

Annexure X Project Master Plan

Annexure XI Development Guidelines

Annexure XII Board Resolution

Annexure XIII Letter of undertaking

Annexure XIV Format for Financial Bid

Annexure XV Not Used

Annexure XVI Consortium Documents

Annexure XVII Bank Guarantee for Performance Security

Annexure XVIII Guidelines of the Department of Disinvestment

Volume 2 Draft Concession Agreement

Volume 3 Project Information Memorandum


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2.7 Clarifications

2.7.1 Bidders requiring any clarification on the RFP may notify DOT in writing or by fax or e-mail in

accordance with Clause 1.2.8. They should send in their queries before the date specified in the

schedule of Bidding Process contained in Clause 1.3. DOT shall endeavor to respond to the queries

within the period specified therein, but no later than 5 (five) days prior to the Bid Due Date. The

responses will be posted on the web sites mentioned in the bid document..

2.7.2 DOT shall endeavor to respond to the questions raised or clarifications sought by the Bidders.

However, DOT reserves the right to not respond to any question or provide any clarification, in its

sole discretion, and nothing in this Clause shall be taken or read as compelling or requiring DOT to

respond to any question or to provide any clarification. DOT shall not take any responsibility for

postal or any other delay in response.

2.7.3 DOT may also on its own motion, if deemed necessary, issue interpretations and clarifications to

all Bidders. All clarifications and interpretations issued by DOT shall be deemed to be part of the

RFP. Verbal clarifications and information given by Authority or its employees or representatives

shall not in any way or manner be binding on DOT.

2.8 Amendment of RFP

2.8.1 At any time prior to the deadline for submission of RFP, Authority may, for any reason, whether at

its own initiative or in response to clarifications requested by a Bidder, modify the RFP by the

issuance of Addenda.

2.8.2 Any Addendum thus issued will be sent in writing to all those who have purchased the RFP and also

posted in the websites www.westbengaltourism.gov.in, www.banglarrmukh.com or

www.iidcindia.co.in. Such addendum shall be an integral part of RFP

2.8.3 In order to afford the Bidders a reasonable time for taking an Addendum into account, or for any

other reason, Authority may, at its own discretion, extend the Bid Due Date

2.9 Right to accept and to reject any or all Bids

2.9.1 Notwithstanding anything contained in this RFP, the Authority reserves the right to accept or reject

any Bid and to annul the Bidding Process and reject all Bids at any time without any liability or

any obligation for such acceptance, rejection or annulment, and without assigning any reasons

thereof.

2.9.2 The Authority reserves the right to reject any Bid and forfeit the Bid Security if:

(a) At any time, a material misrepresentation is made or uncovered, or

(b) The Bidder does not provide, within the time specified by the Authority, the supplemental

information sought by the Authority for evaluation of the Bid. Such misrepresentation/


http://www.banglarrmukh.com/

http://www.iidcindia.co.in/


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improper response shall lead to the disqualification of the Bidder. If such disqualification /

rejection occurs after the Bids have been opened and the Preferred Bidder gets disqualified

/ rejected, then the Authority reserves the right to:

(i) Invite the remaining Bidders to submit Bids; or

ii) Take any such measure as may be deemed fit in the sole discretion of the Authority,

including annulment of the Bidding Process.

2.9.3 In case it is found during the evaluation or at any time before signing of the Concession Agreement

or after its execution and during the period of subsistence thereof, including the Concession

thereby granted by the Authority, that one or more of the qualification conditions have not been

met by the Preferred Bidder or the Preferred Bidder has made material misrepresentation or has

given any materially incorrect or false information, the Bidder shall be disqualified forthwith if not

yet appointed as the Concessionaire either by issue of the Letter of Intent (referred as “LOI”) or

entering into of the Concession Agreement, and if the Bidder has already been issued the LOI or

has entered into the Concession Agreement, as the case may be, the same shall, notwithstanding

anything to the contrary contained therein or in this RFP, be liable to be terminated, by a

communication in writing by the Authority to the Preferred Bidder, without the Authority being

liable in any manner whatsoever to the Preferred Bidder or Concessionaire, as the case may be. In

such an event, the Authority shall forfeit and appropriate the Bid Security or Performance Security,

as the case may be, as compensation and damages payable to the Authority for, inter alia, time,

cost and effort of the Authority, without prejudice to any other right or remedy that may be

available to the Authority.

2.9.4 The Authority reserves the right to verify all statements, information and documents submitted by

the Bidder in response to the RFP or the Bidding Documents and the Bidder shall, when so

required by the Authority, make available all such information, evidence and documents as may be

necessary for such verification. Any such verification or lack of such verification, by the Authority

shall not relieve the Bidder of its obligations or liabilities hereunder nor will it affect any rights of

the Authority there under.


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D. PREPARATION AND SUBMISSION OF BID

2.10 Language

The Bid and all related correspondence and documents in relation to the Bidding Process shall be

in English language. Supporting documents and printed literature furnished by the Bidder with the

Bid may be in any other language provided that they are accompanied by appropriate translations

in the English language. Supporting materials, which are not translated into English, may not be

considered. For the purpose of interpretation and evaluation of the Bid, the English language

translation shall prevail.

2.11 Documents comprising the Bid

2.11.1 The bids shall be submitted in three envelopes which comprise the following documents:-

AA.. Envelope-I - Basic Eligibility Bid: The Bidder shall submit The Eligibility Bid in the

formats specified herein. The Qualification Bid shall comprise the following:

i) Letter Comprising the Bid in the format at Annexure I.

ii) Checklist in the format at Annexure II

iii) Details of the Bidder in the form and manner as described in Annexure III

iv) Technical Capacity of the Bidder in the form and manner as described in Annexure IV

v) Financial Capacity of the Bidder in the form and manner as described in Annexure V

vi) Statement of Legal Capacity of the Bidder in the format at Annexure VI

vii) Power of Attorney authorizing the signatory of bid to commit the Bidder in

accordance with Sub-Clause 2.1.5 and in the format as specified in Annexure VII

viii) Litigation History as per format at Annexure VIII

ix) Bid Security .

x) Demand draft towards the cost of RFP document or a receipt of payment thereof

xi) Other material/information required to be submitted are:

a. copies of Bidder’s duly audited balance sheet and profit and loss account for the

last three financial years.

b. Affidavit acknowledging the requirements set out in Clauses 2.5.1 & 2.5.2, hereof.


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c. A copy of the RFP, any Addendum issued, Concession Agreement and Project

Information Memorandum with each page duly signed by the authorised signatory

of the Bidder.

BB.. Envelope-II – Technical Bid: The Bidder shall submit The technical Bid which shall

cover the following:

Technical Bid

Firm’s Capability

Understanding of the project concept for each of the components bidded for

Indicative Concept Plan for each of the components bidded for

Likely Investment & Project Viability for each of the components bidded for

Suggested Project Implementation Plan for each of the components bidded for

Key Issues for implementation

CC.. Envelope-III- Financial/Price Bid: The Bidder shall submit the Financial/Price Bid in the

format specified at Annexure-XIV.

Each part shall be separately sealed and marked in accordance with the sealing and marking

instruction in Clause 2.18.

2.11.2 The Bidder shall prepare and submit two copies of the Qualification and the Technical Bid (one

original & one duplicate) and one copy of the Financial Bid for each component.

2.11.3 The queries and completed RFP must be submitted to:

To:

The Director

Tourism Department

Government of West Bengal

2, Brabourne Road, 4th Floor

Kolkata-700001


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2.11.3 (A) Queries can also be submitted to

To

Chandana Roychowdhury

Head Urban Projects (East & North East)

IIDC Ltd

Constantia, 3rd

Floor

11, Dr. U.N. Brahmachari Street,

Kolkata: 700017

Phone: +91 33 2280 7358-63/ Fax: +91 33 2283 5002

Mobile: +91 98300 60375

Email: [email protected]

2.12 Financial Bid / Price Bid

2.12.1 The Bidder shall quote in its Financial Bid in terms hereof the Upfront Concession Fee payable to

the Authority.

2.12.2 In addition to the same, the Concessionaire shall, in accordance with the provisions of the

Concession Agreement, pay to the Authority an annual concession fee every financial year in

advance. (“Annual Concession Fee”). The Annual Concession Fee for the first year of the

Concession Agreement shall be equivalent to an amount which is equal to 1% of the Highest

Upfront Fee quoted by the Preferred Bidder in its Price Bid

2.12.3 Subject to the terms and conditions mentioned herein, the Annual Concession Fee in the

subsequent years, during the term of the Concession Agreement shall be escalated at the rate of 5%

per annum, over the last paid Annual Concession Fee.

2.12.4 The Highest Upfront Fee as well as the Annual Concession Fee payable by the Concessionaire

shall be exclusive of applicable service tax and other similar levies, which shall be payable over

and above the Fee by the Concessionaire.

2.12.5 In the event, the operation commencement date falls in 1st half of a financial year during the

operation period, the Annual Concession Fee shall be escalated with effect from the subsequent

financial year of the operation period, at the rate of 5% over the last paid Annual Concession Fee.

In the event, the operation commencement date falls in second half of a financial year during the

operation period, the Annual Concession Fee shall be escalated after the expiry of subsequent

financial year (i.e. with effect from the financial year commencing after the expiry of such

mailto:[email protected]


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subsequent financial year) of the operation period, at the rate of 5% over the last paid Annual

Concession Fee.

2.13 Currencies of Bid and Payment

2.13.1 The Bidder shall quote the Fees in its Financial Bid in Indian Rupees

2.13.2 All payments to be made by the Preferred Bidder in terms hereof, including Project Development

Fees and advances, if any, shall be made by the Preferred Bidder in Indian Rupees.

2.14 Bid Validity

2.14.1 Bids shall remain valid for a period of 180 days (one hundred eighty days) after the Bid Due Date

(herein the “Bid Validity Period”) specified in Clause 2.19. A Bid having lesser validity period

than the prescribed Bid Validity Period shall be summarily rejected by the Authority as non-

responsive.

2.14.2 Prior to expiry of the Bid Validity Period, the Authority may request the Bidders to extend the Bid

Validity Period for a specified additional period. The request and the responses thereto shall be

made in writing or by fax. A Bidder may refuse such request for extension of Bid Validity Period

without being liable for forfeiture of its Bid Security. A Bidder agreeing to the request will not be

required or permitted to modify its bid but will be required to extend the validity of its Bid

Security for the period of the extended bid validity period, in compliance with Clause 2.15 in all

respects.

2.15 Bid Security

2.15.1 The Bidder shall furnish, as part of its Bid, as Bid Security by way of a Bank Draft issued by a

Scheduled Nationalised Bank payable at Kolkata in favour of “ The Director, Department of

Tourism, Government of West Bengal. The value of the Bid security shall be as per the following

table.


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2.15.2 Any Bid not accompanied by the Bid Security shall be summarily rejected by the Authority as

non- responsive.

2.15.3 The Bid Security of unsuccessful Bidders, except the Bidder (H2) next to the Preferred Bidder

(H1, will be returned as promptly as possible without any interest, on acceptance of the Bid of the

Preferred Bidder or when the Bidding process is cancelled by the Authority, and in any case within

120 (one hundred and twenty) days from the Bid Due Date. The Bid Security of H2 will be

returned within 15 (fifteen) days of signing of Concession Agreement with the Concessionaire.

2.15.4 The Bid Security of the Preferred Bidder will be returned upon the Concessionaire executing the

Concession Agreement and furnishing the required Performance Security in accordance with the

provisions hereof and the LOI.

2.15.5 The Bid Security shall be forfeited as Damages without prejudice to any other right or remedy that

may be available to the Authority under the Bidding Documents and/ or under the Concession

Agreement, or otherwise, under the following conditions:

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

b) If the Bidder withdraws its Bid during the Bid Validity Period as specified in this

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

Authority;

c) If the Bidder submits a conditional Bid

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

undesirable practice or restrictive practice as specified in Section 4 of this RFP;

e) If the Bidder does not accept the correction of errors in its Bid, pursuant to Clause

2.26 hereof;

f) In the case of the Preferred Bidder, if the Bidder fails within the specified time

limit

i) To sign and return the duplicate copy of LOI;

Project Components Bid Security

(In Rs Lacs)

Budget Hotels 5

Hospitality Training Institute 7.5

Star Hotels 7.5


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ii) To furnish the required Performance Security within the period

prescribed there for the LOI;

iii) Sign the Concession Agreement;

iv) to pay the Project Development Fee, within the period prescribed therfor

in the LOI;

g) any other conditions, with respect to the Bidder as well as the Preferred Bidder, for

which forfeiture of Bid Security has been provided under this RFP.

2.16 Start of Construction

The Bidder must start construction within six months of handing over the land to the bidder and achieve

substantial completion within three years of the same. Failure to do so may result in termination of the

contract.

.

2.17 Format and Signing of Bid

2.17.1 The Bidder shall prepare two copies of the documents (one in original and one duplicate)

comprising the Qualification and the Technical Bid as described in Clause 2.11 of Instructions to

Bidders. The original and the copy of the Technical Bid shall be placed in separate sealed

envelopes duly marked as ‘Original’ and ‘Copy’, respectively.

2.17.2 The Bid shall be typed or written in indelible ink and shall be signed by a person or persons duly

authorized to sign on behalf of the Bidder, pursuant to sub clause 2.1.5

2.17.3 The Bid shall contain no alterations, omissions or additions, except those to comply with

instructions issued by the Authority, or as necessary to correct errors made by the Bidder, in which

case all such corrections shall be initialed by the person or persons authorized to sign the Bid.


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E. SUBMISSION OF BIDS

2.18 Sealing and Marking of Bids

2.18.1 The Bidder shall submit the Bid in three envelopes as below:

Envelope I: Basic Eligibility Bid (containing the original and a copy of the Eligibility Bid, in

separate sealed envelopes). ). In case the bidder bid for multiple components, than separate Bid

will have to be prepared for each component. The common documents for all the bids maybe

provided in one of the envelope.

Envelope II: Technical Bid (containing the original and a copy of the Technical Bid, in separate

sealed envelopes). In case the bidders bids for multiple components, than separate Bid will have to

be prepared for each component.

Envelope III: Financial Bid: In case the bidders bids for multiple components, than separate Bid

will have to be prepared for each component.

The Eligibility, Technical & Financial Bid shall be sealed in separate envelopes (Envelopes I II &

III) and the sealed Qualification, Technical & Financial Bid envelops (Envelopes I,II and III) shall

be put in an outer envelope and sealed. The envelopes shall be respectively marked as follows:-

Outer Envelope:

“Development of a Tourism Hub in Gajoldoba in Jalpaiguri District ".

Envelope- I: Basic Eligibility Submission: for “Development of a Tourism Hub in Gajoldoba

in Jalpaiguri District: _______________________________Project Component".

Envelope- II Technical Bid for “Development of a Tourism Hub in Gajoldoba in Jalpaiguri

District: _______________________________Project Component".

Envelope- III Financial Bid: for Development of a Tourism Hub in Gajoldoba in Jalpaiguri

District :_______________________________Project Component".


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All the Formats shall be strictly as per the provided formats and should fulfill the requirements

stated herein.

2.18.2 The inner and outer envelopes shall

a) Be addressed to the Authority at the address mentioned in sub clause 2.11.3 :

b) Bear the following identification:

Basic Eligibility. Technical and Financial Bid, as the case may be, for

“Development of a Tourism Hub in Gajoldoba in Jalpaiguri District for

______________________________, ________ and ___________Project

Component

c) Indicate the name and address of the Bidder.

2.18.3 If the outer envelope is not sealed and marked as above, the Authority will assume no

responsibility for the misplacement or premature opening of the Bid.

2.19 Deadline for Submission of Bids (Bid Due Date)

2.19.1 Bids must be received by the Authority at the address as mentioned in clause 2.11.3 on or before

date and time mentioned in clause 1.3

2.19.2 The Authority may, at his discretion, extend the Bid Due Date by issuing an addendum in respect

thereof.

2.19.3 In the event of specified date of Bid Due Date being declared a holiday for DOT, the deadline for

submission of Bid shall be the next working day.

2.20 Late Bids

2.20.1 Any Bid received by the Authority after the Bid Due Date prescribed in Clause 2.19 will be

returned unopened to the Bidder.

2.21 Withdrawal of Bids

2.21.1 The Bidder may withdraw its Bid after submission, provided that written notice of the

modification, substitution or withdrawal is received by the Authority prior to the Bid Due Date. No

Bid shall be withdrawn by the Bidder on or after the Bid Due Date.


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2.21.2 The withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clause

2.18, with the envelopes being additionally marked “WITHDRAWAL”, as appropriate.

2.21.3 Any alteration/ modification in the Bid or additional information supplied subsequent to the Bid

Due Date, unless the same has been expressly sought for by the Authority, shall be disregarded.


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F. BID OPENING AND EVALUATION

2.22 Opening of Technical Bid

2.22.1 The Authority will open the outer envelope of all the Bids received (except those received late)

containing the sealed Basic Eligibility, Technical Bid and the sealed Financial Bid and announce

the names of (i) Bidders, and (ii) Bidders who have given notice for withdrawal of their Bids in the

presence of Bidders or their representatives who choose to attend on the date and time mentioned

in the RFP. In the event of specified date of Bid opening being declared as a holiday for the

Authority, the Bid will be opened at the appointed time and location on the next working day.

2.22.2 Bids for which acceptable notice of withdrawal has been submitted pursuant to Clause 2.21 shall

not be opened and shall be returned.

2.22.3 Envelopes marked Basic Eligibility Bid of the Bidders shall then be opened. Bidder’s names, the

presence/or absence of Bid Security, the amount and validity of Bid Security furnished with each

Bid and such other details, as the Authority may consider appropriate will be announced by the

Authority at the opening.

2.22.4 The Bidders or their representatives who are present shall sign attendance sheet evidencing their

attendance.

The sealed envelope containing the Financial Bid shall not be opened at this stage.

2.23 Examination of Basic Eligibility Bid and Determination of Responsiveness

2.23.1 Prior to evaluation of Eligibility Bids, the Authority will determine whether the Bid is

accompanied by the required Bid Security.

2.23.2 If the Bid Security furnished does not conform to the amount and validity period as specified in

this RFP document (Volume I) and has not been furnished in the form specified in clause 2.15, the

Bid shall be rejected by the Authority as non -responsive.

2.23.3 Subject to confirmation of the Bid Security by the issuing bank, the Technical Bid will be taken up

for determination of responsiveness of the Bid in terms hereof.

The Basic Eligibility Bid shall be considered responsive only if:

(a) it is received as per formats prescribed herein.

(b) it is received by the Bid Due Date including any extension thereof pursuant to Clause 2.8

(c) it is signed, sealed and marked as stipulated in Clauses 2.17 and 2.18;


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(d) it contains all the documents listed in Clause 2.11.1 in the formats prescribed in this RFP;

(e) it contains all the information and documents (complete in all respects) as requested in this

RFP;

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

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

The Authority reserves the right to reject any Bid which is non-responsive and no request for

alteration, modification, substitution or withdrawal shall be entertained by the Authority in respect

of such Bid.

2.23.3 The Technical Bids determined to be responsive in terms of 2.23.3 hereinabove, shall subsequently

be evaluated to determine their qualification in terms of the Qualification Criteria detailed in

Clause 2.2 hereof.

2.23.4 Bidders who meet the Qualification Criteria specified in Clause 2.2 hereof shall qualify for

evaluation of their Technical Bids. Bids of Bidders who do not meet the Qualification Criteria as

per Clause 2.2. shall be rejected and shall not be evaluated further. The Technical Bids will then

be evaluated by the Technical Committee. as per the process laid herein and those Bidders who

attain the prescribed minimum marks shall be eligible for the next stage and shall be shortlisted

“Shortlisted Bidders”

2.23.5 The Authority shall inform the “Shortlisted Bidders”, the date, time and place of opening of

Financial Bid. In the event of the specified date being declared a holiday for the Authority, the

Financial Bid will be opened at the appointed time and location on the next working day.

2.24 Opening of Financial Bids

2.24.1 The Authority will open the envelope marked ‘Financial Bid’ of only those Bidders who’s

Technical Bids have been determined to be responsive in accordance with Clause 2.23 and

determined to fulfill the Qualification Criteria as detailed out in clause 2.2, in presence of the

Bidders or their representatives who choose to attend on the date intimated to such Bidders.

2.24.2 The Authority reserves the right to open Financial Bids of the various components in one date or

in a phased manner.

2.24.3 The Bidders or their representatives who are present shall sign attendance sheet evidencing their

attendance.


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2.25 Examination of Financial Bids and Determination of Responsiveness of Financial Bid

2.25.1 Prior to the evaluation of Financial Bids of the Shortlisted Bidders, DOT will determine the

responsiveness of each Financial Bid to the terms of the Bidding Documents.

2.25.2 A responsive Financial Bid is one which conforms to all the terms, conditions and specifications of

the Bidding Documents, is submitted in the prescribed format and is signed and sealed as

prescribed and confirms to the requirements set forth in respect of the Reserve Price.

2.25.3 If the Financial Bid of any Shortlisted Bidder is not responsive in terms hereof, the Bid of such

Bidder shall be rejected by DOT and the Bidder shall not subsequently be allowed to make its Bid

responsive by correction or withdrawal of the non-conforming deviation or reservation.

2.26 Correction of Errors

2.26.1 Financial Bids determined to be responsive will be checked by DOT for any arithmetic errors.

Arithmetic errors will be rectified on the following basis:-

i) Where there is a discrepancy between the Upfront Fee amount quoted in the Financial Bid,

in figures and in words, the amount in words will prevail over the amounts in figures, to

the extent of such discrepancy

2.26.2 The amount stated in the Financial Bid will be adjusted by DOT in accordance with the above

procedure for the correction of errors and shall be considered as binding upon the Bidder. If the

Bidder does not accept the corrected amount of Bid, his Bid will be rejected, and his Bid Security

shall be liable for forfeiture in accordance with Clause 2.15.

2.27 Evaluation of Financial Bids and Selection of Bidder

2.27.1 Authority will evaluate and compare only those Financial Bids which are determined to be

responsive in accordance with Clause 2.25.

2.27.2 Subject to the provisions of Clause 2.9.1, the Shortlisted Bidder whose Financial Bid is adjudged

responsive in terms of Clause 2.25, and who quotes the highest Upfront Fee offered to Authority

(H1), in the assessment based on the evaluation of Financial Bid shall be declared as the preferred

Bidder (the “Preferred Bidder”) for each component; In the event that the Authority rejects or

annuls all the Bids, it may, in its discretion, invite all eligible Bidders to submit fresh Bids

hereunder


Page 49 of 98

2.27.3 In the event that two or more Bidders quote the same amount of Upfront Fee (the “Tie Bidders”),

the Authority shall identify the Preferred Bidder by draw of lots, which shall be conducted, with

prior notice, in the presence of the Tie Bidders who choose to attend.

2.27.4 In the event that the Highest Bidder withdraws or is not selected for any reason in the first instance

or fails to comply with the provision of 2.33 or 2.34 or 2.35 (the “first round of bidding”), the

Authority may invite all the remaining Bidders to revalidate or extend their respective Bid

Security, as necessary, and match the Bid of the aforesaid Highest Bidder (the “second round of

bidding”). If in the second round of bidding, only one Bidder matches the Highest Bidder, it shall

be the Preferred Bidder. If two or more Bidders match the said Highest Bidder in the second round

of bidding, then the Bidder whose Bid was higher as compared to other Bidder(s) in the first round

of bidding shall be the Preferred Bidder. For example, if the third and fifth highest Bidders in the

first round of bidding offer to match the said Highest Bidder in the second round of bidding, the

said third highest Bidder shall be the Preferred Bidder.

2.27.5 In the event that no Bidder offers to match the Highest Bidder in the second round of bidding as

specified in Clause 2.27.4, the matter shall be referred to the Empowered Finance Committee set

up by the Tourism Department, for this Bid and whose decision shall be final in this regard.

2.28 Clarification of Bids

2.28.1 To assist in the examination, evaluation and comparison of Bids, DOT may, at its discretion, seek

clarifications in writing from any Bidder regarding its Bid, ask any Bidder for authenticating the

correctness of the information/details furnished by him in his Bid. Provided, that no change in the

price or substance of the Bid shall be sought, offered or permitted except as required to confirm the

correction of arithmetical errors discovered by DOT in the evaluation of the Bids in accordance

with Clause 2.26.

2.28.2 Subject to Sub Clause 2.28.1, no Bidders shall contact DOT on any matter relating to his Bid from

the time of Bid opening to the time contract is awarded.

2.28.3 Any effort by the Bidder to influence DOT in the DOT’s Bid evaluation, Bid comparison or

contract award decisions may result in the rejection of his Bid.

2.29 Process to be Confidential

2.29.1 Information relating to the examination, clarification, evaluation and recommendation for the

Bidders shall not be disclosed to any person who is not officially concerned with the process or is

not a retained professional advisor advising the Authority in relation to, or matters arising out of,


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

the Bid, in confidence and will require all those who have access to such material to treat the same

in confidence. The Authority may not divulge any such information unless it is directed to do so by

any statutory entity that has the power under law to require its disclosure or is to enforce or assert

any right or privilege of the statutory entity and/ or the Authority or as may be required by law or

in connection with any legal process.


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G. AWARD OF CONTRACT

2.30 Not Used

2.31 Authority's Right to Accept any Bid and Reject any or all Bids

2.31.1 Notwithstanding anything contained in Clause 2.30 above, DOT reserves the right to accept or

reject any Bid and to annul the Bidding process and reject all Bids, at any time prior to award of

contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation

to inform the affected Bidder or Bidders of the grounds for the DOT 's action.

2.32 Letter of Intent

2.32.1 After selection, a Letter of Intent (the “LOI”) shall be issued, in duplicate, by the Authority to the

Preferred Bidder and the Preferred Bidder shall, within 7 (seven) days of the receipt of the LOI,

sign and return the duplicate copy of the LOI in acknowledgement thereof. In the event the

duplicate copy of the LOI duly signed by the Preferred Bidder is not received by the stipulated

date, the Authority may, unless it consents to extension of time for submission thereof, forfeit the

Bid Security of such Bidder as loss and damage suffered by the Authority on account of failure of

the Preferred Bidder to acknowledge the LOI, and the Authority may initiate the bidding process

again for the other Qualified Bidders or may annul the bidding process and take steps to start a

fresh bidding process.

2.32.2 After acknowledgement of the LOI as aforesaid by the Preferred Bidder, it shall comply with the

prerequisites to the signing of the Concession Agreement as set forth in the LOI and shall

subsequently cause the Concessionaire to execute the Concession Agreement within the period as

prescribed in the LOI. The Preferred Bidder shall not be entitled to seek any deviation,

modification or amendment in the Concession Agreement.

2.33 Highest Upfront Concession Fee and Project Development Fees

2.33.1 The Preferred Bidder shall pay the Highest Upfront Concession Fee and Project Development

Fees as per clause no. 2.1.15 of this RFP.

. 2.33.2 Failure of the Preferred Bidder to comply with the above requirement shall entitle the

Authority to cancel the LoI and forfeit the Bid Security of the Preferred Bidder and go for second


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round of bidding as per clause no. 2.27.4 of this RFP.

2.34 Performance Security

2.34.1 Within 15 (fifteen) days of the date of receipt of the LoI or before signing of Concession

Agreement, whichever is earlier, the Preferred Bidder shall furnish to the Authority, a Performance

Security equivalent to 10% of the Highest Upfront Concession Fee quoted by the Preferred Bidder

in its Financial Bid, in the form of a bank guarantee issued by a nationalized bank, or a Scheduled

Bank in India having a net worth of at least Rs. 1,000 crore (Rs. one thousand crore), in favor of

the Authority,.

2.34.2 The Performance Security shall be maintained by the Preferred Bidder/ Concessionaire for such

time period and for such amounts as set forth in the Concession Agreement.

2.34.3 Failure of the Preferred Bidder to comply with the requirement of Clause 2.33 and 2.35 shall

entitle the Authority to cancel the LoI and forfeit the Bid Security of the Preferred Bidder.

2.35 Signing of Agreement

2.35.1 Preferred Bidder shall within 60 days from the date of receipt of the LOI, incorporate a special

purpose vehicle under the Companies Act, 1956, as its wholly owned company, to act as the

Concessionaire and to implement the Project in terms of the Concession Agreement. The Preferred

Bidder shall cause the Concessionaire to execute the Concession Agreement within the period as

prescribed in the LoI. The furnishing of Performance Security and the payment of Project

Development Expenses, in terms hereof and as to be enumerated in the LoI, shall be a condition

precedent for to execution of the Concession Agreement.

2.35.2 Within 28 (twenty eight days) of the date of signing the Concession Agreement, the Preferred

Bidder shall, if required by the Authority, procure the registration of the Concession Agreement,

after having the required amount of stamp duty and return the same duly signed and executed on

behalf of the Preferred Bidder to the Authority.


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SECTION-3: CRITERIA FOR BID EVALUATION OF BIDDERS

3.1 Evaluation parameters

3.1.1 Only those Bidders whose Bids are found responsive in terms hereof and meets the eligibility

criteria specified in Clause[s] 2.2. above shall qualify for evaluation under this Section 3. Bidders

whose Bid do not meet the aforesaid qualification criteria shall be rejected.

3.1.2 A Technical Committee has been formed by the Tourism Department, Government of West

Bengal for setting parameters for evaluation of Technical Bid and also evaluation of the said Bid.

Technical Bid shall be marked on the following parameters as recommended by the

Technical Committee.

Section -1: Firm’s Capability (Max Marks: 40)

As per computation given at the end of this Section.

Section -2: Understanding of Project Concept (Max Marks: 15)

Sub-heads Marks

Project Vision & Understanding of the Project 4 marks

Innovation (Technology/design/construction etc.) 3 marks

Eco Friendly/Energy Efficient concept 3 marks

Planning for Physical Infra and Disaster Management 5 marks

Section -3: Indicative Concept Plan (Max Marks: 12)

Sub-heads Marks

Zoning Plan & Functionality 3 marks

Area Utilization 3 marks

Aesthetic View 3 marks

Local Relevance 3 marks


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Section -4: Project Investments & Viability (Max Marks: 15)

Sub-heads Marks

Estimated Project Cost & Phasing 3 marks

Proposed Source of Funding 3 marks

Cost Effectiveness 3 marks

Project Viability Assessment 3 marks

Local Employment 3 marks

Section -5: Suggested Project Implementation Plan (Max Marks: 15)

Sub-heads Marks

Proposed Construction Methodology 4 marks

Proposed Project Implementation Scheduling 4 marks

Equipment Capabilities 3 marks

Proposed Marketing Plan 4 marks

Section -6: Key Issues (Max Marks: 03)

Satisfactory Responses to the queries of the committee during presentation

Technical Bid as per parameters given at the end of this section

3.2 Details of Experience

3.2.1 The bidder should furnish the details of eligible technical experience as per the requirement.

3.2.2 The bidder must provide the necessary information relating to Technical Capacity as per format at

Annexure IV.

3.2.3 The bidder should furnish the required Project-specific information and evidence in support of its

claim of Technical Capacity and for Eligible as per format at Annex-IV.

3.3 Financial information for purposes of evaluation

3.3.1 The Bid must be accompanied by the audited annual reports of the Bidder for the last 3 (three)

financial years, preceding the financial year in which the Bid is made.


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

cannot make it available, the Bidder shall give an undertaking to this effect and the statutory

auditor shall certify the same. In such a case, the Bidder shall provide the audited annual reports

for 3 (three) financial years preceding the financial year for which the audited annual report is not

being provided.

3.3.3 The Bidder must establish the Financial Capacity as specified in Clause 2.2.4 (b), and provide

details as per format at Annexure V


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Category

Marks Allocation

Budget Eco Resort Hospitality Training

Institute

Star Eco Resort

Marks Allocation

Number of Eligible Project Experience: Max Marks 15

2 1 2 9

3 2 3 12

More than 3 More than 2 More than 3 15

Cumulative Size of Eligible Project (INR Crs): Max Marks 5

more than 5 -- upto 7.5 more than 10 -- upto 15 more than 10 -- upto 15 2

more than 7.5 -- upto 10 more than 15 -- upto 20 more than 15 -- upto 20 3


Average Turnover (INR Crs): Max Marks 15

more than 2.5 -- upto 5 more than 10 -- upto 15 more than 5 -- upto 7.5 6

more than 5 -- upto 7.5 more than 15 -- upto 20 more than 7.5 -- upto 10 9

More than 7.5 More than 20 More than 10 15

Tangible Net Worth (INR Crs) : Max Marks 5

more than 5 -- upto 7.5 more than 10 -- upto 15 more than 10 -- upto 15 2

more than 7.5 -- upto 10 more than 15 -- upto 20 more than 15 -- upto 20 3



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SECTION-4: FRAUD AND CORRUPT PRACTICES

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

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

subsistence of the Concession Agreement. Notwithstanding anything to the contrary contained

herein, or in the LOI or the Concession Agreement, the Authority may reject a Bid, withdraw the

LOI, or terminate the Concession Agreement, as the case may be, without being liable in any

manner whatsoever to the Bidder or Concessionaire, as the case may be, if it determines that the

Bidder or Concessionaire, as the case may be, has, directly or indirectly or through an agent,

engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or

restrictive practice in the Bidding Process. In such an event, the Authority shall be entitled to

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

without prejudice to any other right or remedy that may be available to the Authority under the

Bidding Documents and/ or the Concession Agreement, or otherwise.

4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the rights and

remedies which the Authority may have under the LOI or the Concession Agreement, or otherwise

if a Bidder or Concessionaire as the case may be, is found by the Authority to have directly or

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

coercive practice, undesirable practice or restrictive practice during the Bidding Process, or after

the issue of the LOI or the execution of the Concession Agreement, such Bidder or Concessionaire

shall not be eligible to participate in any tender or RFP issued by the Authority during a period of 2

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

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

practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the

case may be..

4.3 For the purposes of this Section 4, the following terms shall have the meaning hereinafter

respectively assigned to them:

(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or

indirectly, of anything of value to influence the actions of any person connected with the

Bidding Process (for avoidance of doubt, offering of employment to or employing or

engaging in any manner whatsoever, directly or indirectly, any official of DOT who is or has

been associated in any manner, directly or indirectly with the Bidding Process or the LOI or

has dealt with matters concerning the Concession Agreement or arising there from, before or

after the execution thereof, at any time prior to the expiry of one year from the date such


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official resigns or retires from or otherwise ceases to be in the service of DOT, shall be

deemed to constitute influencing the actions of a person connected with the Bidding Process);

or (ii) engaging in any manner whatsoever, whether during the Bidding Process or after the

issue of the LOI or after the execution of the Concession Agreement, as the case may be, any

person in respect of any matter relating to the Project or the LOI or the Concession

Agreement, who at any time has been or is a legal, financial or technical adviser of DOT in

relation to any matter concerning the Project;

(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression of facts

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

(c) “coercive practice” means impairing or harming or threatening to impair or harm, directly or

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

Bidding Process;

(d) “undesirable practice” means (i) establishing contact with any person connected with or

employed or engaged by DOT with the objective of canvassing, lobbying or in any manner

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

Interest; and

(e) “restrictive practice” means forming a cartel or arriving at any understanding or

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

competition in the Bidding Process or abstaining itself or any person from bidding as would

have the effect of eliminating competition or a competitor..


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SECTION-5: PRE-BID CONFERENCE

5.1 The official representatives of the Bidders are invited to attend a Pre-Bid meeting which will

take place on the date mentioned in Clause 1.3. The location of the meeting shall be specidied in

the website. A maximum of two representatives of each Bidder shall be allowed to participate on

production of authority letter from the Bidder.

5.2 During the course of Pre-Bid conference, the Bidders will be free to seek clarifications and make

suggestions for consideration of the Authority. The Authority shall endeavor to provide

clarifications and such further information including addendum as it may, in its sole discretion,

consider appropriate for facilitating a fair, transparent and competitive Bidding Process.


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SECTION-6: MISCELLANEOUS

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

the Courts within the original jurisdiction of the High Court at Kolkata shall have exclusive

jurisdiction over all disputes arising under, pursuant to and/ or in connection with the Bidding

Process.

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

any time, to;

(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement the Bidding

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

(b) consult with any Bidder in order to receive clarification or further information;

(c) pre-qualify or not to pre-qualify any Bidder and/ or to consult with any Bidder in order to

receive clarification or further information;

(d) retain any information and/ or evidence submitted to DOT by, on behalf of, and/ or in relation

to any Bidder; and/ or

(e) independently verify, disqualify, reject and/ or accept any and all submissions or other

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

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

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

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

exercise of any rights and/ or performance of any obligations hereunder, pursuant hereto and/ or in

connection herewith and waives any and all rights and/ or claims it may have in this respect,

whether actual or contingent, whether present or future.

6.4 Words and Phrases not defined in this RFP shall have the meaning as prescribed thereto in the

Concession Agreement.


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Annexure I: Letter Comprising the Bid

Ref. Date:

To,

________

Dear Sir,

Being duly authorized to represent and act on behalf of _________________ (hereinafter referred as the

"Bidder"), and having reviewed and fully understood all of the qualification requirements and information

provided, the undersigned hereby expresses its interest and apply for qualification and bidding for

undertaking “_________________________” (‘Project’).

We are enclosing our Bid, in conformity with the terms of the RFP, and furnishing the details as per the

requirements of the Bid Document, for your evaluation.

The undersigned hereby also declares that the statements made and the information provided in the Bid is

complete, true and correct in every detail.

We confirm that the application is valid for a period of 120 days from the due date of submission of

application and is unconditional.

We hereby also confirm the following:

1. The Bid is being submitted by M/s _______[…] (name of the Bidder-, in accordance with the

conditions stipulated in the RFP.

2. We have examined in detail and have understood the terms and conditions stipulated in the RFP

Document issued by DOT (hereinafter referred as the “Authority”) and in any subsequent

communication sent by Authority.

3. We agree and undertake to abide by all these terms and conditions. Our Bid is consistent with all the

requirements of submission as stated in the RFP or in any of the subsequent communications from

Authority)

4. The information submitted in our Bid is complete, is strictly as per the requirements stipulated in the

RFP, and is correct to the best of our knowledge and understanding. We would be solely responsible

for any errors or omissions in our Bid.


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5. We confirm that we have studied the provisions of the relevant Indian laws and regulations required to

enable us to prepare and submit this Bid for undertaking the Project, in the event that we are selected

as the Preferred Bidder.

6. We certify that in the last three years, we have neither failed to perform on any contract, as evidenced

by imposition of a penalty by an arbitration tribunal or a judicial authority or judicial pronouncement

or arbitration award, nor been expelled from any project or contract by any public authority nor have

had any contract terminated by any public authority for breach on our part.

7. I/ We declare that:

a. I/ We have examined and have no reservations to the Bidding Documents, including any

Addendum issued by the Authority; and

b. I/ We do not have any conflict of interest in accordance with the RFP document; and

c. I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt

practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as

defined in the RFP document, in respect of any tender or request for Bid issued by or any

agreement entered into with the Authority or any other public sector enterprise or any government,

Central or State; and

8. I hereby certify that we have taken steps to ensure that in conformity with the provisions of the RFP,

no person acting for us or on our behalf has engaged or will engage in any corrupt practice, fraudulent

practice, coercive practice, undesirable practice or restrictive practice;

9. I/ We understand that you may cancel the Bidding Process at any time and that you are neither bound

to accept any Bid that you may receive nor to invite the Bidders to Bid for the Project, without

incurring any liability to the Bidders

10. I further certify that in regard to matters relating to security and integrity of the country, we, have not

been convicted by any Court of Law or indicted or adverse orders passed by the regulatory authority

which could cast a doubt on our ability to undertake the Project or which relates to a grave offence that

outrages the moral sense of community.

11. I further certify that in regards to matters relating to security and integrity of the country, we have not

been charge-sheeted by any agency of the Government or convicted by the Court of Law.

12. I further certify that no investigation by a regulatory authority is pending either against us or against

our Associates or against our CEO or any of our Directors/ Managers/ employees.

13. I hereby irrevocably waive any right which we may have at any stage at law or howsoever otherwise

arising to challenge or question any decision taken by the Authority in connection with the selection of


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the Bidders, or in connection with the Bidding Process itself, in respect of the above mentioned Project

and the terms and implementation thereof.

14. In the event of me being declared as the Preferred Bidder, I agree to incorporate a wholly owned

company under the Companies Act, 1956 as a Concessionaire, which shall enter into a Concession

Agreement with the Authority in accordance with the draft that has been provided to me prior to the

Bid Due Date. We agree not to seek any changes in the aforesaid draft and agree to abide by the same.

15. I have studied all the Bidding Documents carefully and also surveyed the project details. We

understand that except to the extent as expressly set forth in the Concession Agreement, we shall have

no claim, right or title arising out of any documents or information provided to us by the Authority or

in respect of any matter arising out of or concerning or relating to the Bidding Process including the

award of Authorization.

16. The Upfront Concession Fee has been quoted by me/ after taking into consideration all the terms and

conditions stated in the RFP, Concession Agreement, our own estimates of costs and after a careful

assessment of the identified locations of the proposed project, development guidelines, goals and

objectives of the project and all the conditions that may affect the Bid.

17. I agree and understand that the Bid is subject to the provisions of the Bidding Documents. In no case, I

shall have any claim or right of whatsoever nature if the Project /Concession is not awarded to me or

our Bid is not opened or rejected

18. I agree and undertake to abide by all the terms and conditions of the RFP document which interalia

includes payment of Upfront Concession Fee and Project Development Fees and furnishing of the

Performance Security to the Authority in the manner provided in respect thereof in the RFP.

19. We confirm that all the terms and conditions of the Bid are firm and valid for acceptance for a period

of 120 days from the Bid Due Date.


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20. I agree and undertake to abide by all the terms and conditions of the RFP document. In witness thereof,

I submit this Bid under and in accordance with the terms of the RFP document.

Thanking You,

Yours Sincerely,

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

Signature : (Authorised Representative & Signatory)

Name of the Person :

Designation :


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Annexure II: Checklist of Submissions

Sl

No

Enclosures to the Technical & Price Bid

Status

(Submitted/Not

Submitted)

Comments, if any

1 Covering Letter

2 Details of Bidder

3 Technical Capacity (Experience) of the

bidder

4 Turnover & Net worth (Financial Capacity)

of the bidder

5 Statement of Legal Capacity

6 Power of Attorney for signing of Bid

7 Bid Security

8 Information regarding litigation, débardent,

arbitration, etc.

9 Bid document along with addendum duly

signed by Authorised signatory and

stamped.

10 Income Tax Return for the last three years

11 VAT Registration Certificate

12 Pan Card

13 VAT/Sales Tax Clearance

14 In case financial strength is being used of

the Associates than Board Resolution and

Letter of Undertaking

15 Price Bid Letter and submissions in line

with the RFP requirements


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Annexure III: Details of Bidder

1. (a) Name:

(b) Country of incorporation:

(c) Address of the corporate headquarters and its branch office(s), if any, in India:

(d) Date of incorporation and/ or commencement of business:

2 Brief description of the Bidder including details of its main lines of business:

3 Details of individual(s) who will serve as the point of contact/ communication for DOT:

(a) Name:

(b) Designation:

(c) Company:

(d) Address:

(e) Telephone Number:

(f) E-Mail Address:

(g) Fax Number:

4. Particulars of the Authorized Signatory of the Bidder:

(a) Name:

(b) Designation:

(c) Address:

(d) Phone Number:

(e) Fax Number:

5. A statement by the Bidder disclosing material non-performance or contractual non-compliance in

past projects, contractual disputes and litigation/ arbitration in the recent past are given below

(Attach extra sheets, if necessary):


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.

Annexure IV: Experience (Technical Capacity) of Bidder

(Refer Clause 2.2.4 (a))

PART A: Project Components: Budget Eco Resort /Star Eco Resort

A. Details of work pertaining to Eligible Projects executed by the Developer/ Contractor

Name of the Hotel Number of

Rooms

Category of

Hotel*

Year of

Construction

Bidder is doing

Operation Since

* Category of Hotel: General/ one star/ two star/ three star/ four star/ five star and above

B. The Bidder has to provide certificate from the respective authority for each of the project mentioned

in the above table covering the following information

Name of Bidder

Item Particulars of the Project

Details of the Hotels

Owned By

Affiliation of Hotel, if any (ITDC/ State Tourism etc)

Year of Construction

Location

Number of Employees

Facilities Available

Whether run by Bidders independently or jointly with

some other company


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In case of joint operation, shareholding of the Bidder

in the JV/ Company

C. The Bidder has to provide following certificates to prove their Qualification Statement:

a. Statutory Auditor Confirming that the Bidder is engaged in operation of the said hotel (for

which the experience is being shown by the Bidder) of ---rooms for the last … years.

Statutory Auditor to also confirm the shareholding of the Bidder in the entity operating the

hotel

b. Copy of Certificate of Classification issued by Department of Tourism

c. Certificate of enlistment/ license from Concerned Municipality / Municipal Corporation to

show that the establishment (for which the experience is being shown by the Bidder) is

registered as a hotel,

OR

d. Certificate / licence from concerned police Department authorizing the running of a hotel.

OR

e. Clearance Certificate from Municipal Health Officer / Sanitary Inspector giving clearance to

establishment from sanitary /hygienic point of view.


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PART B: Project Components: Hospitality Training Institute

A. Details of work pertaining to Eligible Projects executed by the Developer/ Contractor

Name of the Project Number of

Department

No of Students in

Each Department

Year of

Construction

Bidder is doing

Operation Since

B. The Bidder has to provide certificate from the respective authority for each of the project mentioned

in the above table covering the following information

Name of Bidder

Item Particulars of the Project

Details of the Projects

Owned By

Affiliation of Project

Year of Construction

Location

Number of Employees

Facilities Available

Whether run by Bidders independently or jointly with

some other company

In case of joint operation, shareholding of the Bidder

in the JV/ Company


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C. The Bidder has to provide following certificates to prove their Qualification Statement:

a. Statutory Auditor Confirming that the Bidder is engaged in operation of the said project (for

which the experience is being shown by the Bidder) for the last … years. Statutory Auditor to

also confirm the shareholding of the Bidder in the entity operating the projects

b. Copy of Certificate of Classification issued by Concerned Department of State Government or

any Statutory Authority.

c. Certificate of enlistment / license from Concerned Municipality / Municipal Corporation to

show that the establishment (for which the experience is being shown by the Bidder) is

registered as a Hospitality Training Institute,

OR

d. Certificate / licence from concerned Department authorizing the running of a Hospitality

Training Institute


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Annexure V: Financial Capacity of the Bidder

(refer Clause 2.2.4 (b)

(In Rs. crore)

Sl.

No. Applicant Type

Net worth

(Rs. In Cr)

Annual Turnover for preceding three

Financial Years

(Rs. In Cr)

FY 2014 FY 2014 FY 2013 FY 2012

1. Single Entity Applicant

2. (a) LEAD Member

2.(b) Consortium Member

Certificate from the Statutory Auditor

This is to certify that ....................(name of the Applicant) has a Net Worth and Annual turnover as

shown above.

Name of Authorized Signatory:

Designation:

Name of firm:

(Signature of the Authorized Signatory)

Seal of the Firm

Instructions:

1. The Bidder shall attach copies of the balance sheets, financial statements and Annual Reports for 3

(three) years preceding the Bid Due Date. The financial statements shall:

a) reflect the financial situation of the Bidder and its Associates where the Bidder is relying on

its Associate’s financials;

b) be audited by a statutory auditor;

c) be complete, including all notes to the financial statements; and

d) correspond to accounting periods already completed and audited (no statements for partial

periods shall be requested or accepted).


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Annexure VI: Statement of Legal Capacity

(To be forwarded on the letterhead of the Bidder/ Lead Member of Consortium

Ref. Date:

To,

_____________

Sub: Bid for “__________________________________________________________________”

Dear Sir,

We hereby confirm that we satisfy the terms and conditions laid out in the RFP document.

We have agreed that ______________ (insert individual’s name) will act as our representative and has

been duly authorized to submit the RFP. Further, the authorized signatory is vested with requisite powers

to furnish such letter and authenticate the same.

Thanking you,

Yours faithfully,

For and on behalf of

Authorized signatory


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Annexure VII: Power of Attorney for signing of Application

(Refer Clause 2.1.5)

Know all men by these presents, We___________________________________ (name of the firm and

address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr./ Ms

(name), __________________ son/daughter/wife of __________________________and presently residing

at __________________, who is [presently employed with us and holding the position of

_________________________], as our true and lawful attorney (hereinafter referred to as the “Attorney”)

to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in

connection with or incidental to submission of our Bid for the ***** Project[s] proposed or being

developed by the ***** (the “Authority”) including but not limited to signing and submission of all

applications, bids and other documents and writings, participate in Pre-Applications and other conferences

and providing information/ responses to DOT, representing us in all matters before DOT, signing and

execution of all contracts including the Concession Agreement and undertakings consequent to acceptance

of our bid, and generally dealing with DOT in all matters in connection with or relating to or arising out of

our bid for the said Project and/ or upon award thereof to us and/or till the entering into of the Concession

Agreement with DOT.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things

lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the powers

conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in

exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE,____________________, THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ____ DAY OF ________, 20**

For ---------------------------

(Signature)

(Name, Title and Address)

Witnesses:

1 1. [Notarized]

2 Accepted

(Signature)

(Name, Title and Address of the Attorney)

Notes:


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The mode of execution of the Power of Attorney should be in accordance with the procedure, if

any, laid down by the applicable law and the charter documents of the executant(s) and when it is

so required, the same should be under common seal affixed in accordance with the required

procedure.

Also, wherever required, the Bidder should submit for verification the extract of the charter

documents and documents such as a resolution/ power of attorney in favor of the person executing

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

For a Power of Attorney executed and issued overseas, the document will also have to be legalized

by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being

issued.


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Annexure VIII: Litigation History

Refer Clause 2.2.5

(To be provided by the Bidder)


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Annexure IX: Site Map


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Annexure X: Project Master Plan


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Annexure XI: Development Guidelines

1.1 Guidelines for the Proposed Project

1) Integrated Development: Proposed Project should be developed as an integrated development

by using eco friendly construction materials and energy efficient structures. Use of Green

Building technology is encouraged. Efficient infrastructure should be planned which takes

care of comfortable staying of high end guests concurrently without compromising on the

environment friendly and cost effectiveness.

2) Buffer Zone: In order to protect and for the purpose of providing transition to the resort area a

buffer zone of 3m (within mandatory set back space as per Bye Laws) should be provided.

Buffer zone is also introduced to separate activities that have negative effects on sensitive Eco

Park areas and mitigate them. This zone should be fully landscaped using plants indigenous to

the region. The use of dense planting is to be encouraged to shield the site from negative

features like Vehicular noise , View of high rise sky line etc.

3) Carrying Capacity: The development should be restricted to maximum plot coverage of 40%.

Though this coverage will exclude all hard paving surfaces, it is suggested to restrict the hard

paving area to the extent possible. Maximum FAR to be 1.5.

4) Materials and Colors of the Structures: It is encouraged to use materials easily available in the

region for construction of various structures showcasing vernacular construction skills and use

of local expertise in construction and craftsmanship. Non contextual use of steel, metal and

structural glazing is discouraged. The design of the buildings should be earthquake resistant.

5) Interior: All proposed buildings should incorporate local architectural elements. Whenever,

possible traditional patterns, designs and motifs should be incorporated in interior design. This

does not exclude the use of modern design and decor that does not clash with traditional ethnic

styles with preferred use of local material.

6) Activities: Ethnic food court, cottages and suites interpreting the cultural heritage and

traditional way of living of Bengal is preferred. Recreation activities within the resort like

gyms, spas, traditional sports and games of Bengal etc should be encouraged.

7) The emphasis should be on eco activities and non noise generating activities, as any type of

noise will eventually destroy the peace, tranquility and the very essence of the purpose of eco

resort.


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8) Urban Design and Signage: All components of the Resorts should be planned in a particular

theme that is reciprocating in nature. No structure should present non contextual view and

create confusion in the mind of visitors. Architectural and socio cultural heritage of the Bengal

in general may be used as cross cutting theme for the development.

9) Proper signage to be used which is in accord with the overall development and self guiding to

a first timer to the resort.

10) Infrastructure

a. Water Supply: The resort should have an adequate, safe and hygienic water supply at an

internationally expected quality and quantity recommended for eco hotels . National

Building Code (NBC) Guidelines should be followed for minimum water supply

requirements. Bulk Piped water supply shall be arranged by the Competent Authority to be

used for potable purpose. In no case ground water shall be used for any purpose within the

site except during the construction stage with due approval from the Competent Authority.

b. Internal Roads: Use of Black top for internal roads should be avoided to the maximum

extent. Thermal radiation from paved surfaces should be reduced through use of hedges on

both sides of pathways. Canopy trees for parking spaces to provide shading and hedges to

screen unwanted views. Paver blocks should be used for pathways.

c. Vehicular movement inside the resort area:. Battery operated and non motorized

vehicles should be promoted for internal vehicular movement.

d. Power Supply: The use of new and renewable energy source for power generation is

encouraged. The developers are encouraged to use solar power for, hot water, corridor

lighting, garden lighting and any other appropriate lighting.. All power cables should be

placed underground.

e. Air conditioning and HVAC: Innovative Planning techniques should be used to create a

pleasant habitable ambience within the resort area. Placing of building blocks allowing

cross ventilation and shadow for comfortable outdoor experience should be encouraged.

Use of water and vegetation should be used for passive cooling. Pre cooling and recycling

of pre conditioned air are some of the methods which reduce energy consumption of AC

plants.

f. Sewerage: The integrated resort should have its own sewerage treatment system, where

the waste water generated is treated and would be used for the washing purpose, air

conditioning and landscaping etc. Residual effluent after treatment can be used as manure.


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The process should comply with the CPHEEO manuals and other relevant Guidelines of

the State and Govt. of India.

g. Storm Water: Where possible surface water should be collected, purified and recycled

and reused for flushing and gardening etc. Rain water harvesting should be implemented

to arrest discharge of storm water in to city drains.

h. Solid Waste disposal: All waste generated at site shall be separated at source, recycled

and bio degradable waste shall be composted and reused as manure for landscaping


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Annexure XII: Board Resolution of the Associate Company

(In case the Bidder is using the Financial Strength of the Associate Company)

For an Entity as Bidder quoting on the financial strength of the Associate (Format for Board

Resolution from the Associate)

“RESOLVED THAT pursuant to the provisions of the Companies Act, 1956 and compliance thereof and

as permitted under the Memorandum and Articles of Association of the Company, approval of the Board

be and is hereby granted to [Insert the name of the Bidder ], for submission of bid to Design, Build, and

Operation of the __________________________________________________ whereby the Company

undertakes to take up the investment required for the Project Component as submitted by the

…………………………..(Name of the Bidder), in case of failure of …………………… (Name of the

Bidder) to make such investment.

“RESOLVED FURTHER THAT Mr. ………………., (Designation), of the (Name of associate

Company), is hereby authorized to issue the letter of undertaking ……………..on behalf of the Company.”

Notes:

1) This certified true copy should be submitted on the letterhead of the Company, signed by the

Company Secretary or any of the authorised Directors of the Company and the rubber stamp

for the Company shall be affixed.

2) The contents of the format should be suitably re-worded indicating the identity of the entity

passing the resolution i.e. the Bidding Company, each Member of the Bidding Consortium.


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Annexure XIII: Letter of Undertaking of the Associate Company

(In case the Bidder is using the Financial Strength of the Associate Company) To,

Sub: Bid for “____________________________________________________________”

Dear Sir,

We certify that [Insert Name of the Associate] is the Associate of the [Bidding Company] as per the

provisions of the bid document and that our ownership stake in the Bidding Company is……….. %. Our

Financials for the last three (3) years are indicated below

Parameter Rs. Crore Financial Years

Year-1 Year-2 Year-3

Net Worth

Annual Turnover

In view of the above, we hereby undertake to you and confirm that we will make the required investment

in the Project Facility for Upgradation, in case the bidding company/ Bidder fails to make such investment

required for the project

We have attached hereto certified true copy of the Board Resolution (Annexure XII) whereby the Board of

Directors of our Company has approved issue of this Undertaking by the Company.

Signature of Signature and Stamp of

Chief Executive Officer/Managing Director Statutory Auditor

(Please also affix common seal of Associate)

Date;

Note:

1. The above response sheet should be signed and certified as true by the Chief Executive

Officer/Managing Director being full time Director and Statutory Auditor of the Associate


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Annexure XIV: Price Bid (Financial Bid)

FINANCIAL/ PRICE BID LETTER & FORMAT FOR PRICE OFFER

To,

___________________

Sub: Financial Bid for “____________________________________________”

Dear Sir,

As a part of _____________________________________________, we hereby make the following

Financial Offer (Financial Bid) to ___________________ for a Concession Period of 32 (Thirty two) years

.

We quote Rupees ___________________________________________ (in words) towards Upfront Fee.

We confirm that we shall abide by all the conditions of the Bid including payment of the Upfront

Concession Fee, Annual Concession Fee and the Project Development Fees as stipulated in the Bid

Document. The minimum investment committed by us for the project is

___________________________________________and the minimum components to be implemented by

us as a part of this project shall not be lower than that specified in Project Information Memorandum,

provided as part of this RFP.

We agree to bind by this offer if we are selected as the preferred bidder.

FOR AND ON BEHALF OF ___________________

SIGNATURE ___________________

NAME ___________________

DESIGNATION ___________________

COMPANY SEAL COMPANY ___________________

DATE ___________________


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Annexure XV: Not Used


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Annexure XVI: Consortium Documents

Power of Attorney for Lead Member of Consortium

Whereas the Department of Tourism, Government of West Bengal (the “Authority”) has invited bids from

for the Gajoldona Tourism Hub (the “Project”).

Whereas, ………………….., ……………………….. and ………………………. (collectively the

“Consortium”) being Members of the Consortium are interested in bidding for the Project in accordance

with the terms and conditions of the Request for Proposal and other connected documents in respect of the

Project, and

Whereas, it is necessary for the Members of the Consortium to designate one of them as the Lead Member

with all necessary power and authority to do for and on behalf of the Consortium, all acts, deeds and things

as may be necessary in connection with the Consortium’s bid for the Project and its execution.

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS

We, ……………… having our registered office at …………………, M/s. ……………………, having our

registered office at …………………, and M/s. …………………, having our registered office at

………………, (hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate,

nominate, constitute, appoint and authorise M/s …………………, having its registered office at

………………………, being one of the Members of the Consortium, as the Lead Member and true and

lawful attorney of the Consortium (hereinafter referred to as the “Attorney”) and hereby irrevocably

authorise the Attorney (with power to subdelegate) to conduct all business for and on behalf of the

Consortium and any one of us during the bidding process and, in the event the Consortium is awarded the

Concession Agreement, during the execution of the Project, and in this regard, to do on our behalf and on

behalf of the Consortium, all or any of such acts, deeds or things as are necessary or required or incidental

to the submission of its bid for the Project, including but not limited to signing and submission of all

applications, bids and other documents and writings, accept the Letter of Award, participate in bidders’ and

other conferences, respond to queries, submit information/ documents, sign and execute contracts and

undertakings consequent to acceptance of the bid of the Consortium and generally to represent the

Consortium in all its dealings with the Authority, and/ or any other Government Agency or any person, in

all matters in connection with or relating to or arising out of the Consortium’s bid for the Project and/ or

upon award thereof till Concession Agreement is entered into with the Authority.


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AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done

or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this

Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers

hereby conferred shall and shall always be deemed to have been done by us/ Consortium.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS

POWER OF ATTORNEY ON THIS ……………… DAY OF ………….., 20.…

For ……………………...

(Signature, Name & Title)

For …………...................


For ………………………


(Executants)

(To be executed by all the Members of the Consortium)

Witnesses:

1

2

Notes:

� The mode of execution of the Power of Attorney should be in accordance with the

procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when

it is so required, the same should be under common seal affixed in accordance with the required

procedure.

� Wherever required, the Bidder should submit for verification the extract of the charter

documents and documents such as a board or shareholders resolution/ power of attorney in favour of the


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person executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.

� For a Power of Attorney executed and issued overseas, the document will also have to be

legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being

issued. However, the Power of Attorney provided by Bidders from countries that have signed the Hague

Legislation Convention, 1961 are not required to be legalised by the Indian Embassy if it carries a

conforming Appostille certificate.


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Joint Bidding Agreement

(To be executed on Stamp paper of appropriate value as applicable in the state of execution)

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

AMONGST

1. {………… Limited, a company incorporated under the Companies Act, 1956} and having its

registered office at ………… (hereinafter referred to as the “First Part” which expression shall, unless

repugnant to the context include its successors and permitted assigns)

AND

2. {………… Limited, a company incorporated under the Companies Act, 1956} and having its

registered office at ………… (hereinafter referred to as the “Second Part” which expression shall, unless

repugnant to the context include its successors and permitted assigns)

The above mentioned parties of the FIRST and SECOND PART are collectively referred to as the

“Parties” and each is individually referred to as a “Party”

WHEREAS

(A) Department of Tourism, Government of West Bengal (hereinafter referred to as the “Authority”

which expression shall, unless repugnant to the context or meaning thereof, include its administrators,

successors and assigns) has invited bids (the Bids”) by its Request for Proposal No. ____dated ________,

2012 (“RFP”) for pre-qualification and short-listing of bidders for development and operation/

maintenance of a Tourism Hub at Gajoldoba (the “Project”) through public private partnership.

(B) The Parties are interested in jointly bidding for the Project as members of a Consortium and in

accordance with the terms and conditions of the RFP document and other bid documents in respect of the

Project, and

(C) It is a necessary condition under the RFP document that the members of the Consortium shall enter

into a Joint Bidding Agreement and furnish a copy thereof with the Application.

NOW IT IS HEREBY AGREED as follows:


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1. Definitions and Interpretations

In this Agreement, the capitalised terms shall, unless the context otherwise requires, have the

meaning ascribed thereto under the RFP.

2. Consortium

The Parties do hereby irrevocably constitute a consortium (the “Consortium”) for the purposes of

jointly participating in the Bidding Process for the Project.

The Parties hereby undertake to participate in the Bidding Process only through this Consortium

and not individually and/ or through any other consortium constituted for this Project, either

directly or indirectly or through any of their Associates.

3. Covenants

The Parties hereby undertake that in the event the Consortium is declared the selected Bidder and

awarded the Project, it shall incorporate a special purpose vehicle (the “SPV”) under the Indian

Companies Act, 1956 for entering into a Concession Agreement with the Authority and for

performing all its obligations as the Lessee in terms of the Concession Agreement for the Project.

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described below:

a) Party of the First Part shall be the Lead member of the Consortium and shall have the power of

attorney from all Parties for conducting all business for and on behalf of the Consortium during the

Bidding Process and until the Appointed Date under the Concession Agreement when all the

obligations of the SPV shall become effective;

b) Party of the Second Part shall be {the Technical Member of the Consortium;}

5. Joint and Several Liabilities

The Parties do hereby undertake to be jointly and severally responsible for all obligations and

liabilities relating to the Project and in accordance with the terms of the RFP and the Concession

Agreement.

6. Shareholding in the SPV

6.1 The Parties agree that the proportion of shareholding among the Parties in the SPV shall be as

follows:

First Party:

Second Party:


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6.2 The Parties undertake that they shall comply with all equity lock-in requirements set forth in the

Concession Agreement.

7. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:

(a) Such Party is duly organised, validly existing and in good standing under the laws of its

incorporation and has all requisite power and authority to enter into this Agreement;

(b) The execution, delivery and performance by such Party of this Agreement has been authorised by all

necessary and appropriate corporate or governmental action and a copy of the extract of the charter

documents and board resolution/ power of attorney in favour of the person executing this Agreement

for the delegation of power and authority to execute this Agreement on behalf of the Consortium

Member is annexed to this Agreement, and will not, to the best of its knowledge:

(i) require any consent or approval not already obtained;

(ii) violate any Applicable Law presently in effect and having applicability to it;

(iii) violate the memorandum and articles of association, by-laws or other applicable

organisational documents thereof;

(iv) violate any clearance, permit, concession, grant, license or other governmental

authorisation, approval, judgment, order or decree or any mortgage agreement, indenture or any other

instrument to which such Party is a party or by which such Party or any of its properties or assets are

bound or that is otherwise applicable to such Party; or

(v) create or impose any liens, mortgages, pledges, claims, security interests, charges or

Encumbrances or obligations to create a lien, charge, pledge, security interest, encumbrances or mortgage

in or on the property of such Party, except for encumbrances that would not, individually or in the

aggregate, have a material adverse effect on the financial condition or prospects or business of such Party

so as to prevent such Party from fulfilling its obligations under this Agreement;

(c) this Agreement is the legal and binding obligation of such Party, enforceable in

accordance with its terms against it; and

(d) there is no litigation pending or, to the best of such Party’s knowledge, threatened to

which it or any of its Affiliates is a party that presently affects or which would have a material adverse

effect on the financial condition or prospects or business of such Party in the fulfillment of its obligations

under this Agreement.


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8. Termination

This Agreement shall be effective from the date hereof and shall continue in full force and effect

until compliance with of all the obligation of the preferred bidder as per the concession agreement.

9. Miscellaneous

9.1 This Joint Bidding Agreement shall be governed by laws of {India}.

9.2 The Parties acknowledge and accept that this Agreement shall not be amended by the Parties

without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED

THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of LEAD MEMBER by: For and on behalf of SECOND PART by:

(Signature) (Signature)

(Name) (Name)

(Designation) (Designation)

(Address) (Address)

In the presence of:

1. 2.

Notes:

1 The mode of the execution of the Joint Bidding Agreement should be in accordance with the

procedure, if any, laid down by the Applicable Law and the charter documents of the executant(s) and

when it is so required, the same should be under common seal affixed in accordance with the required

procedure.


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2 Each Joint Bidding Agreement should attach a copy of the extract of the charter documents and

documents such as resolution / power of attorney in favour of the person executing this Agreement for the

delegation of power and authority to execute this Agreement on behalf of the Consortium Member.

For a Joint Bidding Agreement executed and issued overseas, the document shall be legalised by the

Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been executed.


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Annexure XVII: Bank Guarantee For Performance Security

(To be executed on a Non-Judicial Stamp Paper of appropriate value)

Date: …………….

To:

The Director

Tourism Department

Government of West Bengal

2, Brabourne Road, 4th Floor

Kolkata-700001

WHEREAS:

A. The Department of Tourism, Government of West Bengal (hereinafter referred to as “DOT/

Concessioning Authority”) represented by its Director, Tourism Department, through its Letter of

Intent No. _________________________dated _________________(hereinafter referred to as the

“LOI”) awarded the project for development of “Development of Tourism Hub at Gajoldoba” on

Design, Engineering, Finance, Construction, Operation and Maintenance and Transfer ( DBFOT)

Model (hereinafter referred to as the “The Project”) to M/s__________________, having its

Registered Office at _______________ (hereinafter referred to as “Concessionaire”); and

B. In terms of the provisions of the LOI, M/s _________________ is required to sign the Concession

Agreement as SPV with the DOT and is required to furnish to DOT, Performance Guarantee for a

sum of Rs._______________________/-(Rupees _____________________ only) for the due and

faithful performance of its obligations, under and in accordance with the Concession Agreement,

during the Concession Period and 180 days thereafter. Accordingly M/s ___________________

having its registered office at _____________(hereinafter referred as the Concessionaire) shall be

signing the Concession Agreement with the DOT.

C. At the request of the Concessionaire, we, __________________ (name of the Bank with address of

its registered office) through our Branch at _______________________ (branch name and


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address) ________________(the “Bank”) have agreed to furnish this Bank Guarantee for

Rs.___________________(Rupees_________________only) towards the Performance Security.

NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms

as follows:

1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful performance of

the Concessionaire’s obligations during the Concession Period, under and in accordance with the

Concession Agreement, and agrees and undertakes to pay to the “DOT”, upon its mere first written

demand, and without any demur, reservation, recourse, contest or protest, and without any

reference to the Concessionaire, such sum or sums upto the full amount of the Bank Guarantee as

the “DOT” shall claim, without the “DOT” being required to prove or to show grounds or reasons

for its demand and/or for the sum specified therein.

2. This Bank Guarantee, is for an amount of Rs. ____________________(Rupees

____________________________________ only).

3. A letter from the “DOT”, under the hand of an Officer not below the rank of Director to the “DOT”

or any other duly Authorised Officer in this regard, that the Concessionaire has committed default

in the due and faithful performance of all or any of its obligations under and in accordance with the

Concession Agreement shall be conclusive, final and binding on the Bank. The Bank further agrees

that the “DOT” shall be the sole judge as to whether the Concessionaire is in default in due and

faithful performance of its obligations during the Concession Period under the Concession

Agreement and its decision that the Concessionaire is in default shall be final, and binding on the

Bank, notwithstanding any differences between the “DOT” and the Concessionaire, or any dispute

between them pending before any court, tribunal, arbitrator or any other authority or body, or by

the discharge of the Concessionaire for any reason whatsoever.

4. In order to give effect to this Bank Guarantee, the “DOT” shall be entitled to act as if the Bank

were the principal debtor and any change in the constitution of the Concessionaire and/or the Bank,

whether by their absorption with any other body or corporation or otherwise, shall not in any way

or manner affect the liability or obligation of the Bank under this Bank Guarantee.

5. It shall not be necessary, and the Bank hereby waives any necessity, for the “DOT” to proceed

against the Concessionaire before presenting to the Bank its demand under this Bank Guarantee.


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6. The “DOT” shall have the liberty, without affecting in any manner the liability of the Bank under

this Bank Guarantee, to vary at any time, the terms and conditions of the Concession Agreement or

to extend the time or period for the compliance with, fulfillment and/or performance of all or any

of the obligations of the Concessionaire contained in the Concession Agreement or to postpone for

any time, and from time to time, any of the rights and powers exercisable by the “DOT” against the

Concessionaire, and either to enforce or forbear from enforcing any of the terms and conditions

contained in the Concession Agreement and/or the securities available to the “DOT”, and the Bank

shall not be released from its liability and obligation under these presents by any exercise by the

“DOT” of the liberty with reference to the matters aforesaid or by reason of time being given to the

Concessionaire or any other forbearance, indulgence, act or omission on the part of the “DOT” or

of any other matter or thing whatsoever which under any law relating to sureties and guarantors

would but for this provision have the effect of releasing the Bank from its liability and obligation

under this Bank Guarantee and the Bank hereby waives all of its rights under any such law.

7. This Bank Guarantee is in addition to and not in substitution of any other guarantee or security now

or which may hereafter be held by the “DOT” in respect of or relating to the Concession

Agreement or for the fulfillment, compliance and/or performance of all or any of the obligations of

the Concessionaire under the Concession Agreement.

8. The liability of the Bank under this Bank Guarantee is restricted to the amount of the Guarantee

given in paragraph 2 above and this Bank Guarantee shall remain in force for the period specified

in paragraph 9 below and unless a demand or claim in writing is made by the “DOT” on the Bank

under this Bank Guarantee, not later than 6 (six) months from the date of expiry of this Bank

Guarantee, all rights of the “DOT” under this Bank Guarantee shall be forfeited and the Bank shall

be relieved from its liabilities hereunder.

9. The Performance Security shall come into force with effect from the date of signing of the

Concession Agreement. The Bank Guarantee will be available and valid for the entire Concession

Period and 180 days thereafter. To ensure this, initially the Bank Guarantee is being issued so as to

remain valid upto ____________________with the provision that the Bank Guarantee shall be

renewed from time to time for specified period at the request of the Concessionaire in writing two

weeks before the date of expiry of the Bank Guarantee failing which the DOT shall be entitled to

exercise its rights under the Bank Guarantee as provided hereinabove in clause no. 10. The Bank

undertakes not to revoke this Bank Guarantee during its currency, , and declares that it has the

power to issue this Bank Guarantee and the signatories hereto have full powers to do so on behalf

of the Bank.


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10. Any notice by DOT by way of request, demand or otherwise hereunder may be sent by registered

post / speed post / courier service /e mail / fax, to the bank addressed as aforesaid and / or by

personal messenger and shall deemed to have been given at the time when delivered from DOT.

“NOTWITHSTANDING anything contained hereinabove:

a. Our liability under this Bank Guarantee shall not exceed Rs. ____________________(Rupees

_____________________only).

b. This Bank Guarantee shall be valid upto _________ and

c. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee, only if

we receive (served upon us by you) a written claim or demand on or before ______________and

after the expiry of said date, this Bank Guarantee shall automatically stand cancelled

notwithstanding that the original Bank Guarantee may not be returned to us by you.

Signed and sealed this ……………..day of ……………., 2012 at …………….

SIGNED, SEALED AND DELIVERED

For and on behalf of the BANK by:

(Signature)

(Name) (Designation)

(Address)


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Annexure XVIII: Guidelines of the Department of Disinvestment

Guidelines of the Department of Disinvestment

No. 6/4/2001-DD-II

Government of India

Department of Disinvestment

Block 14, CGO Complex

New Delhi.

Dated 13th

July, 2001.

OFFICE MEMORANDUM

Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector Enterprises

through the process of disinvestment

Government has examined the issue of framing comprehensive and transparent guidelines

defining the criteria for bidders interested in PSE-disinvestment so that the parties selected through

competitive bidding could inspire public confidence. Earlier, criteria like net worth, experience etc. used to

be prescribed. Based on experience and in consultation with concerned departments, Government has

decided to prescribe the following additional criteria for the qualification/ disqualification of the parties

seeking to acquire stakes in public sector enterprises through disinvestment:

a. In regard to matters other than the security and integrity of the country, any conviction by a Court

of Law or indictment/ adverse order by a regulatory authority that casts a doubt on the ability of

the bidder to manage the public sector unit when it is disinvested, or which relates to a grave

offence would constitute disqualification. Grave offence is defined to be of such a nature that it

outrages the moral sense of the community. The decision in regard to the nature of the offence

would be taken on case to case basis after considering the facts of the case and relevant legal

principles, by the Government of India

b. In regard to matters relating to the security and integrity of the country, any charge sheet by an

agency of the Government/ conviction by a Court of Law for an offence committed by the bidding

party or by any sister concern of the bidding party would result in disqualification. The decision in


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regard to the relationship between the sister concerns would be taken, based on the relevant facts

and after examining whether the two concerns are substantially controlled by the same person/

persons.

c. In both (a) and (b), disqualification shall continue for a period that Government deems appropriate.

d. Any entity, which is disqualified from participating in the disinvestment process, would not be

allowed to remain associated with it or get associated merely because it has preferred an appeal

against the order based on which it has been disqualified. The mere pendency of appeal will have

no effect on the disqualification.

e. The disqualification criteria would come into effect immediately and would apply to all bidders for

various disinvestment transactions, which have not been completed as yet.

f. Before disqualifying a concern, a Show Cause Notice why it should not be disqualified would be

issued to it and it would be given an opportunity to explain its position.

g. Henceforth, these criteria will be prescribed in the advertisements seeking Expression of Interest

(EOI) from the interested parties. The interested parties would be required to provide the

information on the above criteria, along with their Expressions of Interest (EOI). The bidders shall

be required to provide with their EOI an undertaking to the effect that no investigation by a

regulatory authority is pending against them. In case any investigation is pending against the

concern or its sister concern or against its CEO or any of its Directors/ Managers/ employees, full

details of such investigation including the name of the investigating agency, the charge/ offence

for which the investigation has been launched, name and designation of persons against whom the

investigation has been launched and other relevant information should be disclosed, to the

satisfaction of the Government. For other criteria also, a similar undertaking shall be obtained

along with EOI.

sd/

(A.K. Tewari) Under

Secretary to the Government of India