rfq cum rfp sample

8/18/2019 RFQ Cum RFP SAMPLE

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DEVELOPMENT OF SUPER SPECIALTY HOSPITAL

IN KANPUR

Under Integrated Urban Rejuvenation Plan

ON DESIGN, BUILD, FINANCE, OWN AND OPERATEBASIS UNDER PUBLIC PRIVATE PARTNERSHIP (PPP)

REQUEST FOR QUALIFICATION CUM PROPOSALDOCUMENT

JUNE 2009

Nodal Agency

AWAS BANDHU, UTTAR PRADESH,HOUSING & URBAN PLANNING DEPARTMENT,

GOVERNMENT OF UTTAR PRADESH

IST FLOOR, JANPATH MARKET,LUCKNOW-226001

TEL: 0522-2237161 FAX:0522-2612098,

E-MAIL: [email protected] WEB: awas.up.nic.in

Project Consultants

Darashaw & Company Private Limited


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RFQ cum RFP for Design , Build, Finance, Own and Operate Super Specialty Hospital in Kanpur

NOTICE INVITING REQUEST FOR QUALIFICATION CUM REQUEST FORPROPOSAL

DEVELOPMENT OF SUPER SPECIALTY HOSPITAL IN KANPUR as part of IURP Uttar Pradesh, India onDBFOO basis

Government of Uttar Pradesh proposes development of Super Specialty Hospital in Kanpur. Awas Bandhu UP isthe nodal agency for the project.

There is a need to develop a Super Specialty Hospital in Kanpur. The Hospital is expected to be developed asper the International standards/ Indian Public Health Standards. It is envisioned to provide Health care facilities inselected disciplines. The broad scope of work is to develop of a 500 bed hospital at a site identified by KDA. TheHospital may be upgraded to have research institutes along with training courses for nursing and paramedicalstaff.

Kanpur Development Authority has identified and earmarked total 15 acres of plot situated opposite to IndianInstitute of Technology (IIT) Kanpur along the proposed Mandhana-Bhounti Byepass. The site shall be given onlease for a concession period of 90 years and the lease is renewable twice during the concession period at every30 years.

The successful bidders shall Design, Build, Finance, Own and Operate Super Specialty Hospital on the 15 acreof plot earmarked for the purpose over the concession period of 90 years, after which the facility along with thesite shall be transferred to the Concessioning Authority. The maximum FAR allowable is 2.5 as per the prevailingDevelopment Control Regulations of KDA.

GoUP invites bids from the eligible developers either on their own or in consortium of up to four members for theproject in response to this RFQ cum RFP document.

The Eligibility Criteria and other terms and conditions are given in RFQ cum RFP Document. The RFQ cum RFPmay be obtained at the address given below on payment of Rs 25,000/- (Rupees Twenty Five Thousand only),through account payee Demand Draft in favour of Awas Bandhu payable at Lucknow. The RFQ cum RFP mayalso be downloaded from the web http//awas.up.nic.in and the Demand Draft as mentioned above shall besubmitted along with the Proposal.

The last date for submission of RFQ cum RFP is 1300 Hrs on 03.07.2009.

For further details please contactThe Executive Director, The Project Coordinator,

Awas Bandhu, Uttar Pradesh, Darashaw & Co. Pvt. Ltd.,Housing & Urban Planning Department, 12 th Floor, Regent Chambers,Government Of Uttar Pradesh 208, Nariman Point, Mumbai – 400021Ist Floor, Janpath Market, Lucknow-226001 Tel: 022-66388900 Fax: 022-67470549Tel: 0522-2237161 Fax:0522-2612098, [email protected] E-Mail: [email protected] ,Web : awas.up.nic.in

Awas Bandhu, Uttar Pradesh,Housing & Urban Planning Department,Government of Uttar Pradesh


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RFQ cum RFP for Design, Build, Finance, Own and Operate Super Speciality Hospital in Kanpur

Disclaimer

1. Though adequate care has been taken in the preparation of this RFQ cum RFP Document (Volumes I andII), the Bidder should satisfy himself that the Document is complete in all respects including its legal

validity.2. Neither Awas Bandhu, UP nor their employees or consultants make any representation or warranty as to

the accuracy, reliability or completeness of the information in this RFQ cum RFP (Volumes I and II) and itis not possible for Awas Bandhu, UP to consider the investment objectives, financial situation andparticular needs of each party who reads or uses this document. Each prospective Bidder should conducthis own investigations and analysis and check the accuracy, reliability and completeness of theinformation in this RFQ cum RFP and obtain independent advice from appropriate sources.

3. Neither Awas Bandhu, UP nor their employees or consultants will have any liability to any prospectivebidder or any other person under the law of contract, tort, the principles of restitution or unjust enrichmentor otherwise for any loss, expense or damage which may arise from or be incurred or suffered inconnection with anything contained in this RFQ cum RFP, any matter deemed to form part of this RFQ

cum RFP, the award of the Project, the project information and any other information supplied by or onbehalf of Awas Bandhu UP, KDA or their employees, any consultants or otherwise arising in any way fromthe selection process.

4. Awas Bandhu, UP reserves the right to reject any or all of the proposals submitted in response to thisRFQ cum RFP at any stage without assigning any reasons whatsoever.

5. Awas Bandhu, UP reserves the right to change any or all of the provisions of this RFQ cum RFP prior toProposal Due Date. Such changes would be intimated to all the parties being issued this RFQ cum RFP.

6. Awas Bandhu, UP reserves the right to change, modify, add to or alter the Selection Process includinginclusion of additional evaluation criteria at later stage, which in no event shall be later than the ProposalDue Date. Any change in the Selection Process shall be intimated to all concerned parties.


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1 RFQ cum RFP DOCUMENT

Schedule of Bidding Process

(This RFQ cum RFP is issued to the applicant in response to the advertisement dated 04/06/2009)

1. Last date for receipt of queries 25.06.2009 at 1000 hrs2.Last date for submission of RFQ Cum RFP 03.07.2009 at 1300 hrs at the office of the

Executive Director, Awas Bandhu, Uttar Pradesh,Housing & Urban Planning Department,Government Of Uttar PradeshIst Floor, Janpath Market,Lucknow-226001

3.Date and time of Opening of RFQ cum RFP 03.07.2009 1400 hrs

4.Document Fees Rs. 25000 (Rupees Twenty Five Thousand),through account payee Demand Draft in favour of Awas Bandhu payable at Lucknow.


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RFQ cum RFP for Design , Build, Finance, Own and Operate Super Specialty Hospital in Kanpur

Table of Contents

1 RFQ cum RFP DOCUMENT 3

2 Salient Information 4 3 Abbreviations 5

4 Definitions 6

5 INTRODUCTION 9 5.1 Background of Kanpur 9

5.2 Kanpur Development Authority 9

5.3 Scope of the Project 9

5.4 Cost of the Project 11

5.5 Commercial Consideration 11

5.6 Project Implementation Mechanism 12

6 INFORMATION AND INSTRUCTION TO BIDDERS 13

6.1 Scope of Application 13

6.2 Eligible Bidders 13

6.3 Changes in Consortium Composition 14

6.4 Number of Applications 14

6.5 Application Preparation Cost 14

6.6 Project Inspection and Site Visit 14

6.7 Right to Accept or Reject any or all Applications 15 6.8 Contents of RFQ cum RFP Document 15

6.9 Clarifications 15

6.10 Amendment of RFQ cum RFP 16

6.11 Language 16

6.12 Currency 16

6.13 Validity of Application 16

6.14 Format and Signing of Application 16

6.15 Sealing and Marking of Applications 17

6.16 Submission of Bid 18 6.17 Application Due Date 18

6.18 Late Applications 18

6.19 Modifications/ Substitution/ Withdrawal of Proposals 18

6.20 Evaluation of Application - Due Date 19

6.21 Evaluation of Application - Criteria 19

6.22 Evaluation of Application - Supporting Documents 19

6.23 Evaluation of Application - Right to Reject 19

6.24 Confidentiality 19

6.25 Tests of responsiveness 19


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6.26 Clarifications 20

6.27 Qualification and Notification 20

6.28 RFQ cum RFP Document 20

6.29 Fees of the Consultants 20

7 Other Instructions 22 7.1 General Provisions 22

7.2 Confidentiality 22

7.3 Communication between Bidders and Awas Bandhu, UP 23

7.4 Interpretation of Documents 23

7.5 Enquiries concerning the RFQ cumRFP / Draft Concession Agreement 23

7.6 Amendment of RFQ cum RFP 24

7.7 Submission of Bids 24

7.8 Bid Opening 24

7.9 Earnest Money Deposit 24 7.10 Performance Security 25

7.11 Sources of Funds 26

8 DESCRIPTION OF THE SELECTION PROCESS 27

8.1 CRITERIA FOR EVALUATION 27

8.2 Evaluation of Financial Proposal (Assessment of Envelope B) 30

9 RULES REGULATING THE CONSORTIUM 31

9.1 Consortium of Bidders 31

10

METHODOLOGY & CRITERIA FOR EVALUATION OF FINANCIAL BID (ENVELOPEB) 33

10.1 Financial Proposal Evaluation 33

APPENDICES 35

APPENDIX 1A FORMAT FOR POWER OF ATTORNEY FOR SIGNING PROPOSAL 35

APPENDIX 1B FORMAT FOR POWER OF ATTORNEY FOR LEAD MEMBER OFCONSORTIUM 36

APPENDIX 2 DETAILS OF BIDDER 37

APPENDIX 3 FORMAT FOR LETTER OF APPLICATION 38

APPENDIX 4 INFORMATION RELATED TO EXPERIENCE 40

APPENDIX 5 FORMAT FOR ESTABLISHING FINANCIAL CAPABILITY OF THE BIDDER 43

APPENDIX- 6 (INTENTIONALLY LEFT BLANK) 45

APPENDIX 7 GUIDELINES FOR PROVIDING INFORMATION RELATED TO FINANCIALCAPABILITY 46

APPENDIX 8 FORMAT FOR ANTI-COLLUSION CERTIFICATE 48

APPENDIX 9A FORMAT FOR PROJECT UNDERTAKING 49

APPENDIX 9B FORMAT FOR PROJECT UNDERTAKING [In case of Consort ium] 50

APPENDIX 10 FORMAT FOR MEMORANDUM OF UNDERSTANDING (MOU) 51


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APPENDIX-11 (INTENTIONALLY LEFT BLANK) 53

APPENDIX-12 CONSULTANCY AND SUCCESS FEE COMMITMENT TO DARASHAW &COMPANY PRIVATE LIMITED 54

APPENDIX-13 FORMAT OF LETTER OF ACCEPTANCE 55

APPENDIX-14 FORMAT OF LETTER OF COMMITMENT 57 APPENDIX-15 FINANCIAL PROPOSAL (FORMAT FOR INFORMATION SUBMISSION) 59

APPENDIX-16 PROFORMA FOR BANK GUARANTEE FOR PERFORMANCE SECURITY –KANPUR DEVELOPMENT AUTHORITY 60

EXHIBIT I PRINCIPLES OF THE MEMORANDUM OF UNDERSTANDING TO BE EXECUTEDBETWEEN THE MEMBERS OF A CONSORTIUM 62

CHECKLIST FOR PROPOSAL SUBMISSION 63

Annexure A - PROJECT SITE 64

Annexure B - TECHNICAL SCHEDULES 65


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RFQ cum RFP for Design, Bui ld, Finance, Own and Operate Super Specialty Hospital in Kanpur

RFQ cum RFP – Volume I- Instruction to Bidder Page 4

2 Salient Information

Following are the salient aspects of information regarding this bid document (RFQ cum RFP):

i. This bid document comprises the following:

a. Information to Bidders (RFQ cum RFP Document-Vol I)

b. Draft Concession Agreement (RFQ cum RFP Document-Vol II)

c. Technical Schedule (RFQ cum RFP Document-Vol II)

TEFR is available with the Bid Documents for reference of the bidders.

ii. The following shall be the Schedule of the Bidding Process.

MILESTONE DATEIssue of RFQ cum RFP Document to Bidders 04.06.2009Last Date for request for clarifications/suggestions 25.06.2009 at 1000 hrs Last Date for Submission up to 13:00 hrs. (Proposal DueDate)

03.07.2009 at 1300 hrs at the office of theExecutive Director,

Awas Bandhu, UttarPradesh, Housing &Urban PlanningDepartment,Government Of UttarPradesh

Ist Floor, JanpathMarket,Lucknow-226001

Opening of Envelope A 03.07.2009 1400 hrsOpening of Envelope B 06.07.2009 1400 hrs


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3 Abbreviations

ABUP Awas Bandhu, UP

BEC Bid Evaluation CommitteeCOD Commercial Operation Date

EMD Earnest Money Deposit

EOI Expression of Interest

EPC Engineering, Procurement and Construction

FDI Foreign Direct Investment

FAR Floor Area Ratio

GoI Government of India

GoUP Government of Uttar Pradesh

Ha. Hectare or Hectares

JCI Joint Commission International

LCM Lead Consortium Member

LOI Letter of Intent

LOA Letter of Award

KDA Kanpur Development Authority

MOU Memorandum of Understanding

RFP Request for Proposal

RFQ Request for Qualification

SPV Special Purpose Vehicle

TEFR Techno-Economic Feasibility Report

UP Uttar Pradesh


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4 Definitions

Associates

For a Bidding Company or a Consortium Member, only those entities would be “Associates” who control and iscontrolled by or is under the common control with such applicant/consortium member.

Bid Document

“Bid Document” shall mean any document issued by Awas Bandhu, UP as part of the Bid Process.

Bid Process

“Bid Process” shall mean various activities taken up by Awas Bandhu, UP leading up to the selection of the

Successful Bidder/s.

Bidder(s)

“Bidder(s)” shall mean Bidding Company or Bidding Consortium that has submitted a Proposal in response to this

RFQ cum RFP Document.

Bidding Company

“Bidding Company” shall mean a corporate entity (Public or Private Limited) registered under the Companies Act,

1956 or equivalent International law 1 satisfying the basic eligibility criteria of bidding.

Bid Validity Period

“Bid Validity Period” shall mean the period stipulated in Clause 6.13 of Section 6 of this RFQ cum RFP Document, for

which the Proposal submitted is valid.

Bank

“Bank” shall mean any SBI, Nationalised Bank and Indian Scheduled Commercial Bank whose networth is not less

than Rs. 300 crores as on 31 st March 2008.

Consortium

“Consortium” shall mean Group of Entities that have jointly submitted the proposal for the project.

Consortium Member

Each entity in the Bidding Consortium shall be referred to as a Consortium Member.

Earnest Money Deposit

“Earnest Money Deposit or Bid Security” shall have the meaning as referred in Section 7.10 of this document.Effective Date

“Effective Date” means the date on which all the Conditions Precedent are satisfied or waived in writing by both the

Parties as per the Concession Agreement.

1 Relevant Act as applicable has to be provided along in Envelope A with extract of relevant sections attached to the Act.


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Floor Area Ratio

Floor Area Ratio means the quotient of the floor space excluding the area specifically exempted from computation

under these regulations that can be constructed in a plot to the plot area.

FAR = Total covered floor area on all floorsPlot area

Financial Bid / Financial Proposal

“Financial Bid / Financial Proposal” shall mean the information submitted as per Appendix 15 of this document.

Good Industry Practice

Good Industry Practice shall mean practices, methods, techniques and standards as changed from time to time that

are generally accepted for use in the infrastructure, construction and real estate industry or any other good industry

practice which is relevant to the said project.

Lead Member / Lead Consort ium Member (LCM)

In case of a Bidding Consortium, the Lead Member / Lead Consortium Member (LCM) shall be that Consortium

Member vested with the prime responsibility of developing the Project and holding not less than 51% stake in the

consortium.

Letter of Acceptance

“Letter of Acceptance” shall have a meaning as referred in Appendix 13 of this Document. It means Letter submitted

by the bidder accepting the Award or Intention to Award the Project to the bidder.

Letter of Commitment

“Letter of Commitment” shall have a meaning as referred Appendix 14 of this Document.

Project

“Project” shall mean Design, Build, Finance, Own and Operate of Super Specialty Hospital in Kanpur more

specifically as mentioned under Clause 5.3 of Section 5.

Project Siteshall mean the area as given in annexure A.

Proposal

“Proposal” shall mean the Technical and Financial Proposal to be submitted by the Bidders in response to this

Request for Qualification cum Request for Proposal.


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Proposal Due Date

“Proposal Due Date” shall have the same meaning as referred to in Clause 6.17 section 6 of this Document.

Responsiveness / Non-responsive“Responsiveness / Non-responsive” shall mean as referred in Clause 6.25 of Section 6 of this document.

Revenue of the Hospit al

“Revenue of the Hospital” shall mean registration fees, hospital bed revenue, diagnostics – laboratory tests,

consultation charges, operation charges and lease rental from the commercial facilities like bank, restaurant etc. of

that Financial Year. Revenue of the Hospital shall not include revenue from pharmacy, service apartments, training

institutes and consumables cost directly reimbursed by the patients.

Request for Qualification cum Request for Proposal (RFQ cum RFP)“Request for Qualification cum Request for Proposal” shall mean this document issued to Bidders inviting the

submission of “Proposal” to Design, Build, Finance, Own and Operate of Super Specialty Hospital in Kanpur.

Selection Process

“Selection Process” shall have the same meaning as the 'Bid Process'.

Subsidiary/Subsidiaries

For a Bidding Company or a Consortium Member, Subsidiary / subsidiaries shall mean only those entities in which

the Bidding Company / Consortium Member” hold(s) more than 50% of the voting securities directly.

Successful Bidder

The Successful Bidder shall mean the bidder who has been issued Letter of Intent by Awas Bandhu, UP and Letter of

Award by KDA indicating him as the Successful Bidder.


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5 INTRODUCTION

5.1 Background of Kanpur Kanpur is the biggest city of theState of Uttar Pradesh, sprawlingover an area of 260 sq km. It isalso the main centre ofcommercial and industrialactivities in state. It is known forits cotton and woolen textile andleather industries. Apart fromleather and textile industry, thefertilizer, chemicals, twowheelers, soaps, Pan Masala,hosiery and engineeringindustries are also operatingprominently in the city. Kanpur issituated on bank of holy riverGanga and is about 126 metersabove the sea level.

5.2 Kanpur Development AuthorityKanpur Development Authority was established under the Uttar Pradesh Urban Planning & Development Act 1973.KDA has progressed from small beginnings to embrace an overreaching authority in the development scenario of

Kanpur. In consonance with the aspirations of modern India, KDA aims at coordinated and planned development ofthis historical city and under which various projects are being undertaken. Taking forward this development processto redress the bottlenecks in road infrastructure, the KDA has proposed to take up many road projects in Kanpur.

To fulfil its role, the Authority seeks to coordinate in accordance with a comprehensive Master Plan along with thework of various other agencies involved in the creation and extension of urban infrastructure.

Taking forward this development process and to redress the lack of Super Specialty Hospital in the State of UP, KDAhas proposed to set-up a 500 Bed Super Specialty Hospital in Kanpur.

5.3 Scope of the Project

Government of Uttar Pradesh (GoUP) through Awas Bandhu, UP, Lucknow intends to undertake variousinfrastructure projects for implementation on Public Private Partnership (PPP) Mode under “Integrated UrbanRejuvenation Plan” (IURP) scheme for selected cities of the state. Projects to be developed on PPP mode are beingidentified, developed and implemented in various cities of Uttar Pradesh namely Ghaziabad, Meerut, Agra, Aligarh,

Allahabad, Varanasi, Lucknow and Kanpur.

Under this a need to develop a Super Specialty Hospital in Kanpur was felt. The Hospital is expected to develop asper the International standards/ Indian Public Health Standards. It is envisioned to provide Health care facilities in


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selected disciplines and free/ subsidized treatment to BPL population within the city and the region. The broad scopeof work is to develop of a 500 bedded hospital at a site identified by KDA. The Hospital may be upgraded to havesuper specialty courses along with training courses for nursing and paramedical staff.

Kanpur Development Authority has identified and earmarked total 15 acres of plot situated opposite to Indian Instituteof Technology (IIT) Kanpur along the proposed Mandhana-Bhounti Byepass. The site shall be given on lease for aconcession period of 90 years and the lease is renewable twice during the concession period at every 30 years.

The successful bidders shall Design, Build, Finance, Own and Operate Super Specialty Hospital on the 15 acre ofplot earmarked for the purpose over the concession period of 90 years, after which the facility along with the site shallbe transferred to the Concessioning Authority.

The maximum FAR allowable is 2.5 as per the prevailing Development Control Regulations of KDA.

Awas Bandhu, UP, through this RFQ cum RFP invites the Pre-Qualified bidders to participate in the bid toDesign, Build, Finance, Own and Operate Super-Specialty Hospital in Kanpur .

The successful bidder shall construct following facilities and get all the approvals for commercial operations within 36months from the effective date:

Minimum Development Obligations (Essential Facilities):

• To build and operate 500-bedded Super-specialty hospital as per the International standards / Indian PublicHealth Standard (IPHS). However, the developer is allowed to construct 250 bed capacity in initial threeyears and remaining 250 bed capacity in next two years.

• Atleast four specialties from the following specialties shall be developed in the Hospital..

Departments / SpecialtiesTrauma CareCardio Thoracic care unit (ICCU- Intensive Cardiac Care Unit)Intervention specialty and Cerebral InterventionKidney Transplant (Hemodialysis)Neurology unitObs & GynecologyPediatric unit (with NICU – Neonetal Intensive Care unit)Dental unit for surgeryOphthalmology and ENTCancer unit

• The hospital shall also have a round the clock emergency unit.

Optional Facilities

Service Apartments can be provided within the hospital complex to cater to the needs of the patients andtheir relatives.

Institute offering Laboratory Technician courses, Nursing courses can also be developed within the hospitalcomplex.


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Restaurants, ATMs, Pharmacy for the convenience of the patients can be provided within the hospitalcomplex.

Research Institutes can also be setup in the hospital complex. Helipad for picking up patients may be provided.

All the facilities are to be developed as per the minimum quality standards set out for the purpose in the technicalschedule appended as Annexure B with this document.

While undertaking development of the Project, the Successful Bidder shall adhere to latest amended NationalBuilding Code of India, other relevant IS Codes and practices, Development Control Rules, FAR Limits, statutoryrequirements, guidelines and approvals of the Health Department of the Government of Uttar Pradesh, laws of land,the principles of good industry practices and any other norms as applicable from time to time. The Successful Biddershall also take into account the guidelines issued by the State Health Department and obtain the necessaryapprovals.

The successful bidder shall be responsible for all the clearances as may be required for the development andoperations of the project. Government, through UP Awas Bandhu will facilitate for single window clearance for all thenecessary approvals for the project from various authorities. The project shall be ready for operation after taking allthe clearance(s) within 36 months of the effective date.

For the purpose of providing subsidized health services to poor, the Concessionaire shall provide 1% of the revenuesof the hospital every year to the State Health Department. Revenue of the Hospital shall mean Registration Fees,Hospital Bed Revenue, Diagnostics – Laboratory tests, Consultation Charges, Operation Charges and lease rentalfrom the commercial facilities like Bank, Restaurant etc. Revenue of the Hospital shall not include revenue fromPharmacy, Service Apartments, Training Institutes and Consumables cost directly reimbursed by the patients.

5.4 Cost of the Project

The project is estimated to cost Rs 2,40,00,00,000/-( Rupees Two hundred and Forty Crores Only).

5.5 Commercial Consideration

In consideration of the designated plot of land given on lease for a period of 90 years, the Successful bidder shallquote the percentage revenue that will be shared with the Concessioning Authority beginning from the eleventh yearof signing of the agreement.

The Concessionaire shall pay to the Concessioning Authority an annual lease rental equivalent to 2% of the land cost(considered as present circle rate) per acre of land on the 15 acre land earmarked for Super Specialty Hospital forthe entire concession period of 90 years.

Bidders may please note that in case of failure of the bidder in completion of the project, as mentioned in the scopeof work and as per the minimum standards and specifications as per the technical schedule appended with thisdocument as Annexure B, within 36 months, the performance security furnished on the execution of the Agreementshall be forfeited by KDA and blacklisted, as per the Provision of the draft Concession agreement. Additionalmeasures as the Govt. may deem fit would be applicable on such a bidder.


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However, bidders may note that in case the work is being executed as per the minimum technical specifications in Annexure B but delayed due to Force Majeure Event as defined in the Draft Concession Agreement, the remediespertaining to such Force Majeure Event shall be applicable as per the provisions in the Draft Concession Agreement.

5.6 Project Implementation MechanismThe successful bidder in case of a consortium shall form a Special Purpose Vehicle (SPV) in the form oflimited company under Companies Act, 1956, registered in UP for the purpose of implementation of theproject. The Concession Agreement shall be signed between the SPV and KDA. In case, the successfulbidder is a single entity, the Concession Agreement shall be signed between the Single Entity and KDA. NoSPV shall be formed in case Single Entity is the Successful Bidder.


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6 INFORMATION AND INSTRUCTION TO BIDDERS

6.1 Scope of Application

6.1.1 ABUP wishes to receive Applications from experienced and capable Bidders for proposal in respect of theProject(s)..

6.2 Eligible Bidders

6.2.1 The Bidder may be a single company or a group of maximum 4 companies (hereinafter referred to asConsortium), coming together to implement the Project. The term Bidder used hereinafter would thereforeapply to both a single entity and/or a Consortium.

6.2.2 The Bidder should submit a Power of Attorney as per the format enclosed at Appendix 1A, authorizingthe signatory of the Application to commit the Bidder.

6.2.3 Applications submitted by a Consortium should comply with the following additional requirements:

a. Number of members in a consortium would be limited to maximum of 4;

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

c. The purchaser of the RFQ CUM RFP document must be the Bidder itself or member of the consortiumsubmitting the application.

d. An individual Bidder cannot at the same time be member of a Consortium applying for this Project. Further,a member of a particular Consortium cannot be member of any other Consortium applying for this Project;an undertaking towards this end needs to be submitted by all members.

e. Members of the Consortium shall nominate one member as the Lead Member. The nomination shall besupported by a Power of Attorney as per the format enclosed at Appendix 1B

f. Members of the Consortium shall enter into a Memorandum of Understanding (MOU) as per the formatenclosed at Appendix 10 and duly notarized for the purpose of making the Application and submitting aProposal. The MOU shall, inter alia:

i. Convey the intent to form a Special Purpose Vehicle with shareholding commitment(s) as stipulated in this

document, which would enter into the Concession Agreements and subsequently carry out all theresponsibilities as Concessionaire in terms of the Concession Agreement, in case the Concession toundertake the Project is awarded to the Bidder.

ii. Clearly outline the proposed roles and responsibilities of each member in case of Consortium at eachstage,

iii. Commit the minimum equity stake as stipulated, and


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iv. include a statement to the effect that all members of the Consortium shall be liable jointly severally for theexecution of the Project in accordance with the terms of the Concession Agreement

g. In case of consortium, the Lead Member shall hold at least 51% share in the shareholding.

h. The other members of the consortium shall hold a minimum of 11% share each in the shareholding.

6.2.4 Notwithstanding anything stated elsewhere in this document, ABUP shall have the right to seek updatedinformation from the Bidders to ensure their continued eligibility. Bidders shall provide evidence of theircontinued eligibility in a manner that is satisfactory to ABUP. Bidder may be disqualified if it is determinedby the ABUP, at any stage of the process, that the Bidder will be unable to fulfil the requirements of theProject or fails to continue to satisfy the Eligibility Criteria. Supplementary information or documentationsmay be sought from Bidders at any time and must so be provided within a reasonable time frame asstipulated by ABUP.

6.2.5 Any entity which has been barred or disqualified either by GOI or GOUP or their Departments or agenciesfrom participating in projects (BOT or otherwise) and such disqualification subsists as on the Applicationdate, would not be eligible to submit an Application, either individually or as member of a Consortium.Bidder to submit an affidavit to this effect

6.3 Changes in Consortium Composition

6.3.1 No change in Consortium Members shall be allowed till the completion of the project or a minimum of 3years (whichever is later). However, the Lead Consortium Member shall not be allowed to be changed overthe entire Concession Period and shall continue to hold 51% stake in the Consortium till the start ofCommercial Operations. The Lead Consortium Member shall be allowed to dilute the stake after thecommercial operations date with the approval of the Concessioning Authority such that the stake of the

Lead Consortium Member in the consortium shall not fall below 26% at any time till the end of ConcessionPeriod.

6.4 Number of Applications

Each Bidder shall submit only one (1) Application in response to this RFQ cum RFP. Any Bidder, which submits orparticipates in more than one Application will be disqualified and will also cause the disqualification of theConsortiums / Bidder of which it is a member as the case may be.

6.5 Application Preparation Cost

The Bidder shall be responsible for all of the costs associated with the preparation of its Application and itsparticipation in the Selection process. ABUP will not be responsible or in any way liable for such costs, regardless ofthe conduct or outcome of the qualification process.

6.6 Project Inspect ion and Site Visit


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6.6.1 It is desirable that each Bidder submits its Application after inspecting the sites; and ascertaining for itselfthe location, surroundings, access, transport, right of way or any other matter considered relevant by it.

6.6.2 Site visit may be facilitated by ABUP. A prospective Bidder may notify ABUP in writing 3 days prior toplanned visit. ABUP would endeavour to facilitate the site visit depending upon the availability of theconcerned officials.

6.6.3 It would be deemed that by submitting the Application, Bidder has:

(a) Made a complete and careful examination of the RFQ CUM RFP and(b) Received all relevant information requested from ABUP.

6.6.4 ABUP shall not be liable for any mistake or error on the part of the Bidder in respect of the above.

6.7 Right to Accept or Reject any or all Applications

6.7.1 Notwithstanding anything contained in this RFQ cum RFP, ABUP reserves the right to accept or rejectany Application and to annul the bidding process and reject all Applications / Proposals, at any timewithout any liability or any obligation for such acceptance, rejection or annulment, without assigning anyreasons.

6.7.2 ABUP reserves the right to reject any Application if:

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

(b) The bidder does not respond promptly and thoroughly to requests for supplemental information required for theevaluation of the Application.

Such misrepresentation / improper response would lead to the disqualification of the Bidder. If the Bidder is aConsortium, then the entire Consortium would be disqualified / rejected.

6.8 Contents of RFQ cum RFP Document

The RFQ cum RFP Document comprises the contents as given in the Table of Contents and would additionallyinclude any Addenda issued in accordance with the provisions of this Document.

6.9 Clarifications

Interested parties may address their queries relating to the RFQ cum RFP Document by email only [email protected] with a mandatory copy to consultants at [email protected] . The queriesshould reach the above latest by 1000 hrs on 25.06.2009.

ABUP would endeavour to respond to the queries by the date mentioned in the Schedule of Bidding Process. Theresponses will be sent by fax/ email.


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6.10 Amendment of RFQ cum RFP

6.10.1 At any time prior to the deadline for submission of Application, ABUP may, for any reason,whether at its own initiative or in response to clarifications requested by any Bidder, modify theRFQ cum RFP Document by the issuance of an Addendum.

6.10.2 Any Addendum thus issued will be sent in writing to all those who have purchased the RFQ cumRFP Document and shall also be uploaded on www.awas.up.nic.in

6.11 Language

The Application and all related correspondence and documents should be written in the English language.Supporting documents and printed literature furnished by Bidder with the Application may be in any other languageprovided that they are accompanied by appropriate translations of the pertinent passages in the English languageduly certified appropriately. Supporting materials, which are not translated into English, may not be considered. Forthe purpose of interpretation and evaluation of the Application, the English language translation shall prevail.

6.12 Currency

The currency for the purpose of the Application shall be the Indian Rupee (INR). The conversion to Indian Rupeesshall be clearly indicated in the Appendix 4. In all such cases, the original figures in the relevant foreign currency andthe INR equivalent thereof must be given. The exchange rate(s) applied shall be clearly stated. The conversion toIndian Rupees shall be based on the closing exchange rate published by the Reserve Bank of India as on 31 st December 2008. ABUP reserves the right to use any other suitable exchange rate for the purposes of uniformevaluation for all Bidders.

6.13 Validity of Application

Applications shall remain valid for a period not less than 180 days from the Application Due Date. ABUP reserves theright to reject any Application, which does not meet this requirement.

6.14 Format and Signing of Application

6.14.1 The Bidder would provide all the information as per this RFQ cum RFP Document. ABUP wouldevaluate only those Applications that are received in the required format and are complete in all

respects.6.14.2 The Bidder shall prepare one original of the documents comprising the Application and clearly

marked "ORIGINAL". In addition, the Bidder shall make two copies of the Application, clearlymarked "COPY". In the event of any discrepancy between the original and the copies, the originalshall prevail.


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6.14.3 The Application and its copies shall be typed or written in indelible ink and each page shall beinitialled and stamped by the Bidder. All the alterations, omissions, additions, or any otheramendments made to the Application shall be initialled by the person(s) signing the Application.

6.15 Sealing and Marking of Applications

6.15.1The First Envelope should be marked as Envelope A (original and copy) and shall contain:

a) Power of Attorney for the signing authority as per the format enclosed at Appendix 1A,

b) Power of Attorney for the Lead member of the consortium as per the format enclosed at Appendix1B, in case of Consortium;

c) Bidder details (Appendix 2)

d) Application in the prescribed format (Appendix 3)along with supporting documents;

e) Completed Format for Experience as in Appendix 4 (BRS 1 to 2), along with supportingdocuments.

f) Completed Format for Financial Capability Evaluation as in Appendix 5 (BRS3 &4) and Appendix7, along with supporting documents.

g) Format of Anti collusion certificate as in Appendix 8.

h) Format of Project Undertaking as in Appendix 9A.

i) In case of a Consortium, an undertaking from each member of Consortium certifying that it is anexclusive member of that particular consortium alone and not a member of any other consortiumnor an independent Bidder, bidding for this project and has submitted only one (1) Application inresponse to this RFQ CUM RFP. (Appendix 9B)

j) MOU in case of a Consortium (Appendix 10);

k) Earnest Money Depositl) Letter of Undertaking for the success fee of 1% of the Project Cost net of taxes, and Consultancy

Fees as per Appendix-12 m) Letter of Acceptance as per Appendix-13 n) Letter of Commitment as per Appendix-14

o) Documentary evidence, if applicable, relating to experience of group companies/associates as perclause 8.1.2.

6.15.2 The second Envelope should be marked as Envelope B and shall include:• Financial Proposal as per Appendix-15.

Please note that Awas Bandhu, UP retains the right to ask for any further information/ clarification during the BidProcess.


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6.15.3 The Bidder shall also enclose in a separate envelope, enclosed in the outer envelope, a demand draft forRs 25,000/- (Rupees Twenty Five Thousand Only), through account payee Demand Draft in favour of Awas Bandhu payable at Lucknow on any scheduled bank towards non refundable Document Fee. Application unaccompanied by this demand draft will not be considered for evaluation and short-listing.

6.16 Submission of Bid

Both the Envelopes A and B shall be put together in one envelope and be sealed properly. The Bidder shallseal the original and copy duly marking the envelopes as "ORIGINAL" and "COPY" the envelopes shall then besealed in an outer envelope superscribing “ RFQ cum RFP for DEVELOPMENT OF SUPER SPECIALTYHOSPITAL IN KANPUR, UTTAR PRADESH”and also the name(s) of bidder/consortium

The envelope shall be addressed to:

The Executive Director,

Awas Bandhu, Uttar Pradesh,Housing & Urban Planning Department,Government Of Uttar PradeshIst Floor, Janpath Market, Lucknow-226001 IndiaTel: 0522-2237161 Fax:0522-2612098,E-Mail: [email protected] , Web: awas.up.nic.in

If the envelope is not sealed and marked as instructed above, ABUP assumes no responsibility for the misplacementor premature opening of the contents of the Application submitted.

6.17 Appl ication Due Date

Applications should be submitted before 1300 hours IST on the Application Due Date mentioned in the Schedule ofBidding Process, at the address provided above in the manner and form as detailed in this RFQ cum RFP.

Applications submitted by either facsimile transmission, telex or e-mail will not be considered for evaluation and shortlisting. However ABUP reserves the right to extend the Application Due Date and Time, at any time prior to openingof RFQ cum RFP Applications; in such cases the applications received prior to such extension shall not be opened.Further if the RFQ cum RFP document is materially modified along/during such extended period, the RFQ cum RFPapplication received prior to extension shall be returned to the applicants and appropriate time shall be allowed forresubmission of the Applications.

6.18 Late Applications

Applications received after the Application Due Date shall not be considered.

6.19 Modifications/ Substitution/ Withdrawal of ProposalsThe Bidder may modify, substitute or withdraw its Proposal after submission, provided that written notice of themodification, substitution or withdrawal is received by ABUP before the Proposal Due Date and time. No Proposalshall be modified or substituted or withdrawn by the Bidder after the Proposal Due Date and time


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6.20 Evaluation of Application - Due Date

ABUP would open the Applications after 1400 hours IST on the Application Due Date mentioned in the Schedule ofBidding Process, for the purpose of evaluation.

6.21 Evaluation of Application - Criteria

ABUP would subsequently examine and evaluate Applications in Accordance with the criteria set out in Section 8.

6.22 Evaluation of Application - Supporting Documents

ABUP reserves the right to call for supporting documentation to verify the data provided by Bidders, at any timeduring the bidding process. The Bidder in such cases would need to provide the requested clarification / documentspromptly and within the stipulated time failing which the Bidder is liable to be disqualified at any stage of the biddingprocess.

6.23 Evaluation of Application - Right to Reject

ABUP reserves the right to reject any Application if:

(a) At any time, a material misrepresentation is made or uncovered; or(b) The Bidder does not respond promptly and thoroughly to requests for supplemental information required for theevaluation of the Application.

6.24 ConfidentialityInformation relating to the examination, clarification, evaluation, and recommendation for the short-listed Bidders

shall not be disclosed to any person not officially concerned with the process. ABUP will treat all informationsubmitted as part of Application in confidence and would require all those who have access to such material to treatthe same in confidence. ABUP will not divulge any such information unless it is ordered to do so by any authority thathas the power under law to require its disclosure.

6.25 Tests of responsiveness

6.25.1 Prior to evaluation of Applications, ABUP will determine whether each Application is responsive to therequirements of the RFQ cum RFP. An Application shall be considered responsive if the Application:

a) is received by the Application Due Date (Clause 2.16) including any extension thereof pursuant to

Clause 2.17b) is accompanied by MOU in case of a Consortium ( Appendix 10), if applicable, duly supported by

Board resolution and charter documentsc) contains information required as per Appendix 3, 4(BRS 1 to2), 5(BRS 3 to 4) and 7.d) It is accompanied by Bid Document Fee of Rs. 25,000/-e) It is accompanied by a valid Earnest Money Deposit ;f) Letter of Undertaking for the Success fee of 1% of project cost (net of taxes) to the consultants

and Consultancy Fees as per Exhibit 10.g) Letter of Acceptance as per Appendix-13


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h) Letter of Commitment as per Appendix-14 i) Contains all the documents which were to be submitted as per the provisions of Section 6.15 of this

Document.

ABUP reserves the right to reject any Application which is non-responsive and no request for alteration, modification,substitution or withdrawal shall be entertained by ABUP in respect of such Applications.

6.26 Clarifications

To facilitate evaluation of Applications, ABUP may at its sole discretion, seek clarifications in writing from any Bidderregarding its Application.

6.27 Qualification and Notification

After the evaluation of Applications, ABUP would announce a list of successful Bidders (Bidders) who meetthe Qualification Criteria. At the same time, ABUP would notify the other Bidders that their Applicationshave been unsuccessful.

6.28 RFQ cum RFP Document

RFQ cum RFP Document contain the following:

Volume I - Instruction to Bidders

Volume II - Draft Concession Agreement, Technical Schedule

TEFR is available with the above documents for the reference of the bidder. However the bidder has to conduct his

own feasibility before submitting the bids.

6.29 Fees of the Consultants

Darashaw & Company Private Limited has been appointed as a Consultant to assist Awas Bandhu, UP in handlingthe bid process management for the selection of the Successful bidder.

The Success Fee of 1% of the project cost exclusive of taxes at applicable rates has been agreed by Awas BandhuUP, to be paid to Darashaw & Company Private Limited for providing the above mentioned advisory services. TheSuccess Fee shall be net of all taxes (1% of Project Cost is net of all taxes).

Every bidder shall therefore submit along with the Proposal, an undertaking as per Appendix-12 for the SuccessFees of the Consultants (calculated at the rate of 1% of the project cost as mentioned in Section 5.4 of this RFQ cumRFP document, plus taxes as applicable) and the Consultancy fees of Rs. 1, 00,000/- (Rupees One Lakh only) to bereimbursed to Awas Bandhu, UP.

This success fee shall be paid in the form of a Demand Draft issued by a Bank in favour of Darashaw & CompanyPrivate Limited. Such a Demand Draft shall be extendable for a further period of 6 months by replacing it with a freshDemand Draft after 5 months of its issue if required and asked by Awas Bandhu, UP due to delay in signing of


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Concession Agreement or otherwise beyond a period of 5 months from the date of issue of the said Demand Draft.The Success Fee in the form of Demand Draft shall be handed over to Awas Bandhu, UP by the Successful Bidderbefore the signing of the Concession Agreement. The successful bidder shall pay and deposit the amount ofwithholding or other taxes to the credit of the relevant tax authorities and issue a certificate of deduction and paymentto Darashaw & Company Private Limited.

The Consultancy Fee of Rs. 1,00,000/- (Rupees One Lakh only) paid by Awas Bandhu,UP to the Consultants will bereimbursed by the bidder to Awas Bandhu, UP within 2 weeks of signing the concession agreement between KDAand Bidder, on receipt of invoice from Awas Bandhu, UP.


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7 Other Instructions

7.1 General Provisions

7.1.1 Non-Discriminatory and Transparent Bidding Proceedings

Awas Bandhu, UP shall ensure that the rules for the Bid Process for the Project are applied in a non-discriminatory,transparent and objective manner. Awas Bandhu, UP shall not provide to any Bidder, information with regard to theProject or the Bidding Process, which may have the effect of restricting competition.

7.1.2 Prohibition against Collusion with other Bidder

Each Bidder shall warrant by its Bid that the contents of its Bid have been arrived at independently. Any Bid whichhas been arrived at through consultation, collusion, or understanding with any other prospective Bidder for thepurpose of restricting competition shall be deemed to be invalid and the Bidder shall lose its Earnest Money Deposit.The anti-collusion certificate submitted at the time of submission of RFQ CUM RFP shall be applicable .

7.1.3 Inducements Any effort by a Bidder to influence processing of Bids or award decision by Awas Bandhu, UP or any officer, agent or Advisor thereof may result in the rejection of such Bidder’s Bid. In such a rejection of Bid, the Bidder shall lose itsEarnest Money Deposit.

7.2 Confidentiality

7.2.1 Awas Bandhu, UP shall treat all Bids and other documents, information and solutions submitted by Biddersas confidential, and shall take all reasonable precautions that all those who have access to such material, treat this inconfidence. Awas Bandhu, UP will not divulge any such information unless it is ordered to do so by any authority,which has the power to require its release.

7.2.2 Each Bidder shall, whether or not it submits a Bid, treat the RFQ cum RFP Documents and otherdocuments, information and solutions provided by Awas Bandhu, UP in connection with the Project or the biddingproceedings as confidential for a period of five (5) years from the issuance of the RFQ cum RFP Documents. Duringthis period, the Bidder shall not disclose or utilize any such documents, information without the written approval of

Awas Bandhu, UP or as required by law or any governmental authority.

7.2.3 Awas Bandhu, UP shall have the right to release the Bid information provided by the Bidders to its Advisors forthe purpose of Bid evaluation and negotiations. Each Bidder shall have the right to release these RFQ cum RFPDocuments and other Documents to its advisors and to financial institutions for the purpose of Bid preparation,negotiations and financing. Both Awas Bandhu, UP and the Bidder shall ensure that their Advisors and/ or financialinstitutions treat this information in confidence.

7.2.4 Any information relating to examination, clarification, evaluation and comparison of bids andrecommendations for the award of a contract shall not be disclosed to Bidders or any other person not officially


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concerned with the Bid Process until the award to the Successful Bidder has been communicated, except of reasonsof public transparency.

7.3 Communication between Bidders and Awas Bandhu, UP All communication, unless specified otherwise, on these RFQ cum RFP Documents to Awas Bandhu, UP shall beaddressed to:

The Executive Director, Awas Bandhu, Uttar Pradesh,Housing & Urban Planning Department,Government of Uttar PradeshIst Floor, Janpath Market, Lucknow-226001Tel: 0522-2237161 Fax:0522-2612098,E-Mail: [email protected] m Web: http://awas.up.nic.in

All communication to the Bidder shall be sent to the Authorised Representative & Signatory at the addressesmentioned in the covering letters to this RFQ cum RFP, unless Awas Bandhu, UP is advised otherwise.

7.4 Interpretation of Documents

Awas Bandhu, UP will have the sole discretion in relation to:• The interpretation of this RFQ cum RFP, the Proposals and any documentation provided in support of the

Proposals; and• All decisions in relation to the evaluation and ranking of Proposals, whether or not to request for any

clarifications or additional information from Bidder in relation to its Proposal and the selection of the

Successful Bidder. • Awas Bandhu, UP will have no obligation to explain its interpretation of this RFQ cum RFP, the Proposals or

their supporting documentation and information or to explain the evaluation process, ranking process or theselection of the Successful Bidder.

7.5 Enquiries concerning the RFQ cumRFP / Draft Concession Agreement

7.5.1 Awas Bandhu, UP encourages a careful review of these RFP Documents and preparation of theobservations/ comments by the Bidder. The Bidder should send their comments in writing at least by 10.0am 25 th June 2009. Inquiries/ comments received after the set time limit may not be addressed by Awas

Bandhu, UP.7.5.2 Awas Bandhu, UP at its discretion, may respond to inquiries submitted by any Bidder after the date of

submission. Such a response will be sent in writing to all the Bidders and will qualify as an “Addendum”.

7.5.3 All inquiries should be submitted to the Awas Bandhu, UP in writing by e-mail [email protected] with a copy marked to [email protected]

7.5.4 No interpretation, revision or other communication regarding this solicitation is valid unless in writing andis signed by an officer so designated by the Executive Director of Awas Bandhu, UP. Written copies of


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Awas Bandhu, UP responses, including a description of the inquiry but without identifying its source, willbe sent to all the Bidder(s) and will qualify as an “Addendum”

7.6 Amendment of RFQ cum RFP

7.6.1 On its own initiative or any further discussions with any/ all Bidder(s), Awas Bandhu, UP may at its owndiscretion make changes in the technical/commercial parameters for the Project, which would becommon for all the Bidders. Such changes in the technical / commercial parameters of the Project willqualify as an “Addendum”.

7.6.2 The Addendum will be posted on the website of Awas Bandhu, UP http://awas.up.nic.in and will bebinding on the bidders. Each such Addendum shall become part of the RFP Documents.

7.6.3 In order to offer prospective Bidders a reasonable time to take into account an Addendum whilepreparing their Proposals, or for any other reason, Awas Bandhu, UP may, at its discretion, extend theProposal Due Date.

7.7 Submission of Bids

7.7.1 Document Fee• The Bidder shall submit Document Fee of Rs. 25,000/- (Rupees Twenty Five Thousand only) along with the

Proposal.• The Bid Document Fee shall be in the form of a Demand Draft in favour of Awas Bandhu, UP, payable at

Lucknow.• The Bid Document Fee is non-refundable.• Bids not accompanied by Bid Document Fee shall be rejected.

7.8 Bid Opening• All Bids received by Awas Bandhu, UP will remain sealed and unopened in Awas Bandhu, UP’s possession

until the Proposal Due Date. Awas Bandhu, UP shall open all Bids, received on or prior to the Proposal DueDate mentioned under Schedule of Selection Process or on any date as extended by Awas Bandhu, UP andcommunicated to the bidders. The Bids shall be opened in the presence of Bidders’ representatives, whochoose to attend. Bidders’ representatives attending the Bid Opening shall register to evidence theirpresence.

• The following information will be announced at the Bid Opening and recorded: Bidder’s names Names of Consortium Members

• After the Bid Opening, information relating to the examination, clarification and evaluation of Bids andrecommendations concerning the Bid Award shall not be disclosed.

7.9 Earnest Money Deposit

• The Bidder shall submit an Earnest Money Deposit (EMD) for an amount of Rs.2,40,00,000/- (Rs. TwoCrores and Forty Lakhs only) along with its Proposal.


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• The Earnest Money Deposit shall be in the form of a Bank Guarantee from SBI or any Nationalised Bank orIndian Scheduled Commercial Bank whose networth is not less than Rs. 300 crores as on 31 st March 2008.

• The EMD shall be valid for a minimum period of 90 days more than Bid Validity Period. Upon any extension

of the Bid Validity Period, the validity of the EMD shall be extended by the corresponding period.• Awas Bandhu, UP shall have the right to reject the Proposal, which does not include the Earnest Money

Deposit as non-responsive.• The EMD of Unsuccessful Bidders, except the second successful bidder will be returned within a period of

ten (10) days from the date of acceptance of Letter of Intent by the Successful Bidder. However, the EMD ofsecond successful bidder shall be returned on signing of the concession agreement by the successfulbidder.

• The EMD of the Successful Bidder shall be returned on submission of Performance Security by theSuccessful Bidder to the Concessioning Authority.

• In addition to the above, Awas Bandhu, UP will promptly release EMD of all the Bidders in the event Awas

Bandhu, UP decides to terminate the Bidding Process.• The EMD shall be forfeited by Awas Bandhu, UP, in any of the following case:

The Bidder withdraws his bid after the Proposal Due Date Successful Bidder fails to accept Letter of Intent Successful Bidder fails to submit the Performance Security or As per the provisions of Draft Concession Agreement

7.10 Performance SecurityThe Successful Bidder shall for due and faithful performance of its obligations during the Project completion, provideto KDA a performance security of Rs. 12,00,00,000/- (Rupees Twelve Crores only) in the form of Bank Guarantee (in

the format prescribed in the RFP) from SBI or any Nationalised Bank or Indian Scheduled Commercial Bank whosenetworth is not less than Rs. 300 crores as on 31 st March 2008.

The performance security shall be provided within 15 days of issue of Letter of Award by KDA. The PerformanceSecurity shall be released to the Successful Bidder as per provisions of the Draft Concession Agreement as follow:

25% of the Performance Security in the form of bank guarantee shall be released to the Concessionaire on theissuance of Construction Completion Certificate by the Concessioning Authority. The next 25% of the PerformanceSecurity in the form of bank guarantee shall be released to the Concessionaire on the start of Commercial Operation.The balance 50% of the Performance Security in the form of bank guarantee shall remain in force and effect beyondthe period of six months from the date of the expiry of the Concession Period It shall be duly discharged and releasedto the Concessionaire beyond the period of six months from the date of the expiry of Concession Period and transfer

of the Super Specialty Hospital to KDA.If the Agreement is terminated due to any event other than a Concessionaire Event of Default, the PerformanceSecurity shall, subject to the Concessioning Authority’s right to receive or recover amounts, if any, due from theConcessionaire under this Agreement, be duly discharged and released to the Concessionaire.

Upon occurrence of a Concessionaire Default, the Concessioning Authority shall, without prejudice to its other rightsand remedies hereunder or in law, be entitled to invoke and appropriate the relevant amounts from the PerformanceSecurity as Damages for such Concessionaire Default. Upon such invocation and appropriation from the


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Performance Security, the Concessionaire shall, within 15 (fifteen) days thereof, replenish, in case of partialappropriation, the Performance Security to its original level, and in case of appropriation of the entire PerformanceSecurity provide a fresh Performance Security, as the case may be, and the Concessionaire shall, within the time sogranted, replenish or furnish fresh Performance Security as aforesaid failing which the Concessioning Authority shallbe entitled to terminate this Agreement in accordance with Article 13 of the Concession Agreement.

In case the successful bidder fails to furnish the Performance Security within the stipulated time as mentioned herein,the LOA shall stand void and LOI may be issued to the second successful bidder.

7.11 Sources of Funds

The responsibility to raise funds for the Project would rest with the Successful Bidder.


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8 DESCRIPTION OF THE SELECTION PROCESS

8.1 CRITERIA FOR EVALUATION

8.1.1 Evaluation Parameters

The Bidder's competence and capability is proposed to be established by the following parameters:

(a) Technical Experience(b) Financial capability factor, in terms of:

i. Turn overii. Net worthiii. Operating Profit

8.1.2 On each of these parameters, the Bidder would be required to meet the evaluation criteria as detailed in thisSection . Bidders meeting all the criteria only will be qualified for further evaluation of the Proposal.

8.1.2 Eligible Experience

Technical Experience

For the purpose of this RFQ cum RFP, the applicant which could be single entity or the consortium shall be evaluatedon the following:

(i) Development or construction of core infrastructure projects (either individually or as a consortiummember) each having a minimum project cost of Rs 30 croress

(ii) Development or construction of similar Infrastructure projects ( either individually or as aconsortium member) each having a minimum project cost of Rupees 25 crores

Eligible project:a) Projects awarded/awarded and under execution/completed during the last seven financial years, not

before 31 st March 2001, shall only be considered.b) Only eligible projects should be considered for category (i) above for estimation of the technical

experience. An eligible project would have minimum project cost of at least Rupees 30 crores. For suchcategory (i) evaluation, core infrastructure projects would mean national highways and expressway,airports, refineries and pipelines thereof, railways, ports, power, telecom, industrial parks, SEZs, GroupHousing and Integrated/Hi-tech Township.

c) More weightage will be given to experience of similar kind of infrastructure projects or category (ii)above than to experience of infrastructure projects. Similar kind of Infrastructure: Hospitals and medicalinstitutions of 100 or more beds.

d) Experience as a consortium member will be considered in proportion to the equity holding in the projectat the time of execution /construction of the Project.

Documentary evidence in the form of a CA certificate (Appendix 4) must be submitted along with the proposal:

a) a certificate from the appropriate authorities of respective clients should be submitted in support of theabove in case of completed projects.


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b) Relevant pages of the Contract Agreement in projects which are awarded and under execution as perclause 8.1.2 (a). Relevant pages shall mean the Preamble of this CA detailing the Parties and the lastpages detailing the signatories.

c) A copy of the Work Order/Letter of Award in cases where the work has been awarded within threemonths before the RFQ CUM RFP application due date.

8.1.3 Details of Experience

The Bidder should furnish details of technical experience as on the date of submission of RFQ cum RFP as per Appendix 4, Bid Response Sheet No. 1.

The Bidder must provide the necessary project specific information as per Appendix 4, Bid Response Sheet No. 2.

8.1.4 Financial Capability

The financial capability of the bidder / consortium will be evaluated on the basis of

(a) Turnover(b) Net Worth and(c) Operating Profit

The Bidders should provide information regarding the above based on audited annual accounts.

The Application must be accompanied by the audited Balance Sheet and Profit and Loss Account of the Bidder (ofeach member in case of a consortium) as per Appendix 5for the last three (3) Financial Years not prior to 2004-05.

8.1.5 Evaluation Criteria for Financial Capability

For the purpose of Qualification, the applicant – a single entity or a consortium should demonstrate the ThresholdFinancial Capability measured on the following criteria:

1. Minimum Turnover of Rs. 80 crores in each of the last three financial years not earlier than 2004-052. Minimum Net worth of Rs. 50 Crores as on 31 st March 2008 as certified by Chartered Accountant.3. Annual Operating Profit for 3 out of last 5 years not prior to 2002-03 should be positive. 4. Single entity bidder and all members of the consortium, if applicable, should be profit-making concerns for

the last 3 yrs not prior to 2004-05.

8.1.6 Special Conditions for a Consort ium

In case the Bidder is a Consortium, turnover, net worth and operating profit would be taken as an arithmeticsum of net worth, turnover and operating profit of each member of the Consortium, calculated in the ratio oftheir stake in the consortium/JV. The Consortium would be required to meet the threshold criteria on thebasis of aggregate figures subject to provisions of this Clause.

8.1.7 Evaluation methodology

The technical and financial capacity of the bidder will be evaluated as per following:


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S.No Criteria Marks Marking System1. Technical criteria 65%

Number of eligible

projects – 15marks

3 marks for initial

project and 1.5marks for everyaddl project.

1a. Core infrastructu re 30 marks

Cumulative cost-15 marks

1.5 marks forinitial Rs 30crores and 0.75marks for everyaddl. comletedRs. 30 crs. or 0.50marks for everyother addl. Rs. 30crs.

Number of eligibleprojects – 20marks

4 marks for initialproject and 2marks for everyaddl project.

1b. Similar infrastructu re 35 marks

Cumulative cost-15 marks

3 marks for initialRs 25 crores and2 marks for everycompleted addlRs. 25 crs or 1.5marks for everyother addl. Rs. 25crs.

2 Financial criteria 35%2a. Networth 15 marks 10 marks for theinitial Rs 50crores and 5marks for addl Rs.50 crs

2b. Turnover 10 marks 7 marks for theinitial Rs 80crores and 3marks for addl Rs80 crs

2c. Average Operating

Profit

10 marks 10 marks if it is

positive for 3 outof last 5 years notprior to 2002-03

8.1.8 For evaluation of technical experience as per clause 8.1.2 and of financial capability as per clause 8.1.5, thefinancial and technical capabilities of the group companies/associates shall also be considered (for Projectscosting Rs.200.00 cr or more). For these purposes group companies/associates shall mean the following“For the purposes hereof, associate means, in relation to the applicant/consortium member a person whocontrols and is controlled by or is under the common control with such applicant/consortium member. As


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9 RULES REGULATING THE CONSORTIUM

The objective of this stage is to outline the Rules regarding the Consortium. The Envelope A shall contain theinformation in respect of the Bidder/Consortium as per Clause 6.15 of this RFP document. Following are the ruleswhich shall guide the operation of the Consortium:

9.1 Consortium of Bidders

9.1.1 Rules Regulating the Participation of a Consort ium of Companies

Awas Bandhu, UP may also consider a bid submitted by a consortium of companies subject to the followingconditions:

1. The Consortium Members should not exceed four.2. The foreign construction company / Developer may apply directly for the project or in association

with Indian Partner subject to the prevailing GoI, FDI and Indian Laws.3. The members of the Consortium must form a Special Purpose Vehicle (SPV) and submit an MoUto that extent as per Clause 9.1.3 below.

4. The commercial arrangements and roles and responsibilities between the consortium partnersshould be specified in Memorandum of Understanding and duly executed copy of MOU should besubmitted along with the proposal. The MOU to be entered into between the Consortium Membersas per Appendix 10 of this RFP Document shall reflect the above.

5. The members of the consortium shall designate among themselves one member as “LeadConsortium Member”.

6. Lead Consortium Member shall hold a minimum of 51% equity in the SPV and each of the otherConsortium Member shall hold a minimum of 11% in the SPV.

7. The Members of the Consortium shall execute Power of Attorney as per the format enclosed in

Appendix 1B of RFQ cum RFP Document.8. A bidder who has applied for a project in its individual capacity or as a part of a consortium cannotparticipate as a Member of any other Consortium applying for this Project.

9.1.2 Change in Composi tion of Consort ium

No change in Consortium Members shall be allowed till the completion of the project or a minimum of 3 years(whichever is later). The Lead Consortium Member shall not be allowed to be changed over the entire ConcessionPeriod and shall continue to hold 51% stake in the Consortium till the start of Commercial Operations. However, theLead Consortium Member shall be allowed to dilute the stake after the commercial operations date with the approvalof the Concessioning Authority such that the stake of the Lead Consortium Member in the consortium shall not fall

below 26% at any time till the end of Concession Period.

9.1.3 Other Condit ions in Respect of Consort ium

Each Consortium Member shall have a minimum of 11% stake in the SPV formed. None of the Consortium Membershall be allowed to dilute its stake till the completion of the project or a minimum of 3 years (whichever is later).


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Lead Consortium Member shall invest minimum 51% of the equity towards the project. Lead Consortium Membershall not be allowed to dilute its stake to a level below 51% till the start of Commercial Operations. The LeadConsortium Member shall be allowed to dilute the stake after the commercial operations date with the approval of the

Concessioning Authority such that the stake of the Lead Consortium Member in the consortium shall not fall below26% at any time till the end of Concession Period.

Any change in Consortium members may be allowed only if equal or better replacement is there. However, anychange in consortium shall be at the discretion of the Concessioning Authority.


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10 METHODOLOGY & CRITERIA FOR EVALUATION OF FINANCIAL B(ENVELOPE B)

10.1 Financial Proposal Evaluation

• This part of the Request for Qualification cum Request for Proposal provides information on themethodology that will be used to evaluate the Financial Proposals received.

• The Project will be awarded to such Eligible Bidder, which submits a responsive Bid and offers to enter intoa Draft Concession Agreement on the best financial terms with KDA.

• These RFQ cum RFP Documents stipulate the minimum qualification for the Project. These RFQ cum RFPDocuments may be amended or technical and financial parameters of the Project may be changed by AwasBandhu, UP by issue of an Addendum. Such an Addendum will form part of these RFQ cum RFP

Documents and would be common for all the Bidders. Bid Evaluation Committee reserves the right to rejectthe Proposals, which do not conform to the provisions stipulated in the RFQ cum RFP Documents.

• Financial Proposal of only the Bidders who have achieved on 50% or more marks after evaluation ofEnvelope A, would be opened and evaluated. The Financial Proposals of the non-responsive Bidders wouldbe returned to the respective Bidders unopened.

• Bid Evaluation Committee shall evaluate and submit its recommendations to the competent authority.

10.1.1 Responsiveness of Financial Proposal

BEC through Awas Bandhu, UP will open Envelope ‘B’ of only who have achieved on 50% or more marksafter evaluation of Envelope A as per Section 8.1.7 of this document. Any bid containing caveats/ deviationsfrom RFQ cum RFP Documents is liable to be rejected by BEC/ Awas Bandhu, UP.

Bidders shall be ranked as per the percentage revenue quoted that will be shared with the Concessioning Authority beginning from the eleventh year of signing of the agreement. The proposal of the bidder quotingthe highest percentage revenue sharing shall be considered as the proposal having highest financial score.The proposal with highest financial score would be ranked first.

10.1.2 Determination of Preferred Bidder

• Awas Bandhu, UP shall issue a Letter of Intent to the Successful Bidder after obtaining approval from the

Competent Authority which needs to be accepted within 7 days of issuance of Letter of Intent.• KDA shall issue a Letter of Award (LOA) after getting the approval of the Board to the successful bidder

within 7 days of issuance of LOI by Awas Bandhu, UP.• The Successful Bidder shall enter into Concession Agreement with KDA for the implementation of the

project within 30 days of issuance of LOA.• The successful Bidder shall be required to give performance security before signing of the Concession

Agreement within 30 days of issue of Letter of Award. If the Successful Bidder fails in entering into contract(Concession Agreement) as required without giving the required clarifications to the satisfaction of Awas


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APPENDICES

APPENDIX 1A FORMAT FOR POWER OF ATTORNEY FOR SIGNING PROPOSAL(On a Stamp Paper of appropriate value)

POWER OF ATTORNEY

Know all men by these presents, we ____________ (name and address of the registered office) do herebyconstitute, appoint and authorize Mr./Ms. _____________________ (name and address of residence) who ispresently employed with us and holding the position of __________________ as our attorney, to do in our name andon our behalf, all such acts, deeds and things necessary in connection with or incidental to our proposal for SuperSpecialty Hospital in Kanpur on Design, Build, Finance, Own and Operate (DBFOO) basis in the state of UttarPradesh, including signing and submission of all documents and providing information/ responses to Awas Bandhu,Uttar Pradesh, Housing & Urban Planning Department, Government Of Uttar Pradesh, (ABUP), representing us in allmatters before GOUP, and generally dealing with ABUP in all matters in connection with our proposal for the saidProject.

We hereby agree to ratify all such acts, deeds and things lawfully done by our said attorney pursuant to this Power of Attorney and that all such acts, deeds and things lawfully done by our aforesaid attorney shall and shall always bedeemed to have been done by us.

For ------------------------

(Signature)(Name, Title and Address)

Accepted

________________ (Signature)

(Name, Title and Address of the Attorney)

Company seal & stamp

Notes:1. To be executed by the sole Bidder or the Lead Member in case of a Consortium duly supported .by a Board Resolution

2. 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 withthe required procedure.

3. Also, where required, the executants(s) should submit for verification the extract of the charter documents and documents such as aresolution / power of attorney in favour of the Person executing this Power of Attorney for the delegation of power hereunder on behalf ofthe Bidder.


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APPENDIX 1B FORMAT FOR POWER OF ATTORNEY FOR LEAD MEMBER OF CONSORTIUM(On a Stamp Paper of appropriate value)

POWER OF ATTORNEY

Whereas Awas Bandhu, Uttar Pradesh, Housing & Urban Planning Department, Government Of Uttar Pradesh.,(ABUP) has invited Proposals from interested parties for the Super Specialty Hospital in Kanpur on Design, Build,Finance, Own and Operate (DBFOO) basis ("the Project").

Whereas, the members of the Consortium are interested in bidding for the Project and implementing the Project inaccordance with the terms and conditions of the Bid Document and other connected documents in respect of theProject, and

Whereas, it is necessary under the Bid Document for the members of the Consortium to nominate one of them as theLead Member with all necessary power and authority to do for and on behalf of the Consortium, all such acts, deedsand things as may be necessary in connection with or incidental to the Consortium’s proposal for the Project.

NOW THIS POWER OF ATTORNEY WITNESSETH THAT:We, M/s. _________________, and M/s. ________________ (the respective names and addresses of the registeredoffice) do hereby constitute, appoint and authorize M/s. __________________________ as the Lead Member of theConsortium and as our attorney, to do on behalf of the Consortium, all or any of such acts, deeds or things as may benecessary in connection with or incidental to the Consortium’s proposal for the Project, including submission ofapplication/ proposal, participating in conferences, responding to queries, submission of information/ documents andgenerally to represent the Consortium in all its dealings with Awas Bandhu, Uttar Pradesh, Housing & UrbanPlanning Department, Government Of Uttar Pradesh., (ABUP), or any other Government Agency or any person, inconnection with the Project until culmination of the process of bidding and thereafter till the Concession Agreement isentered into with Awas Bandhu, Uttar Pradesh, Housing & Urban Planning Department, Government Of UttarPradesh., (ABUP).

We hereby agree to ratify all such acts, deeds and things lawfully done by Lead Member as our said attorneypursuant to this Power of Attorney and that all acts deeds and things lawfully done by our aforesaid attorney shalland shall always be deemed to have been done by us/Consortium.

Dated this _______ Day of ________ 200_.

(Executants)

(To be executed by all the members of the Consortium)


Note:

1. The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable lawand the charter documents of the executant(s) and when it is so required the same should be under common seal affixed inaccordance with the required procedure.

2. The executant(s) should submit for verification the extract of the charter documents and documents such as Board Resolution andPower of Attorney in favour of the person executing this Power of Attorney in favour of the Lead Member.


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APPENDIX 2 DETAILS OF BIDDER1. (a) Name

(b) Country of Incorporation

(c) Address of the corporate headquarters and its branch office (s), if any, in India(d) Date of incorporation and / or commencement of business

2 Brief description of the Company including details of its main lines of business and proposed rolesand responsibilities in this Project.

3 Name, Designation, Address and Phone Nos. of Authorized Signatory of the Bidder(a) Name:(b) Designation:(c) Company:(d) Address:(e) Telephone No:

(f) E-mail Address:(g) Fax No:

4 Details of individual (s) who will serve as the point of contact / communication for ABUP, within theCompany(a) Name:(b) Designation:(c) Address:(d) Telephone No.(e) E-mail address:(f) Fax No.

5 In case of Consort ium:(a) The information above (1-4) should be provided for all the Members of the Consortium(b) Information regarding role of each Member should be provided as per table below:

Sl. No. Name of Member Role of the Member*12

Specify whether Lead Member, Associate Member

(Signature of Authorised Signatory)



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APPENDIX 3 FORMAT FOR LETTER OF APPLICATION[On the Letter Head of the Bidder (in case of Single Bidder) or Lead Member (in case of a Consortium)]

Date: ------------

The Executive Director, Awas Bandhu, Uttar Pradesh,Housing & Urban Planning Department,Government Of Uttar PradeshIst Floor, Janpath Market, Lucknow-226001 India

Super Specialty Hospital in Kanpur on Design, Build, Finance, Own and Operate (DBFOO) basis

Sir,

Being duly authorized to represent and act on behalf of _________________ (hereinafter referred to as "the Bidder"),and having reviewed and fully understood all of the qualification requirements and information provided, theundersigned hereby expresses it’s interest and apply for qualification for the Super Specialty Hospital in Kanpur.

We are enclosing our Proposal, in one Original and two Copies, with the details as per the requirements of the BidDocument, for your evaluation.

The undersigned hereby also declares that the statements made and the information provided in the Proposal arecomplete, true and correct in every detail.

We confirm that the application is valid for a period of 180 days from the due date of submission of application andunconditional.

We hereby also confirm the following:

1. The Proposal is being submitted by (name of the biding Company/Lead Consortium member) who is theBidding Company/the Lead Consortium Member of the Bidding Consortium Comprising (mention the namesof the entities who are the Consortium Members), in accordance with the conditions stipulated in the RFP.

2. As the Bidding Company/Lead Consortium Member (in case of a Bidding Consortium), we hereby confirm toabide by the roles and responsibilities assigned to us as per the MoU between the Consortium Membersand as outlined in this RFP.

3. We have examined in detail and have understood the terms and conditions stipulated in the RFP Documentissued by Awas Bandhu, UP and in any subsequent communication sent by Awas Bandhu, UP. We agreeand undertake to abide by all these terms and conditions. Our Proposal is consistent with all therequirements