REQUEST FOR PROPOSAL

REQUEST FOR
PROPOSAL
DOCUMENT FOR
SETTING-UP OF 100 TPD CAPACITY
PROCESSING AND RECYCLING FACILITY FOR
CONSTRUCTION AND DEMOLITION WASTE IN
BHOPAL CITY THROUGH PPP MODE

Volume-I: Instruction to Bidder (ITB)

 Contents

Volume I Instructions to Bidder/Applicants

Volume II Draft Concession Agreement

 Key Dates

Tender Notice No
Date of Purchase of RFP document As per online schedule
Submission of Queries by prospective
Bidder/Applicants
Pre-Bid Meeting
Online Bid Submission Due Date ;
Opening of First Envelope
Opening of Financial Bids , To be notified later
Address IInd Floor, Above Passport office, Kushabhau Thakre Inter-
State Bus Terminal (ISBT) Campus, Ambedkar Marg, Near
Chetak Bridge, Bhopal (M.P)
Contact Information

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 TABLE OF CONTENTS

S. No. Contents Page No.

List of Appendices .................................................................................................................... 5
Glossary .............................................................................................................................................. 6
Definitions .......................................................................................................................................... 7
Abbreviations .................................................................................................................................... 9
Disclaimer ........................................................................................................................................ 10

1. INTRODUCTION ........................................................................................................................... 13
BACKGROUND ....................................................................................................................................... 13
THE PROJECT ....................................................................................................................................... 14
BRIEF DESCRIPTION OF BIDDING PROCESS ................................................................................... 14
2. INSTRUCTIONS TO BIDDER/APPLICANTS ........................................................................... 17
GENERAL TERMS OF BIDDING ........................................................................................................... 17
DELETED ................................................................................................................................................ 23
CHANGE IN OWNERSHIP ..................................................................................................................... 23
NUMBER OF BIDS AND THE COST THEREOF ................................................................................... 24
SITE VISIT AND VERIFICATION OF INFORMATION ............................................................................ 24
ACKNOWLEDGEMENT BY BIDDER ..................................................................................................... 25
IT SHALL BE DEEMED THAT BY SUBMITTING A BID, THE BIDDER HAS .......................................... 25
DELETED ................................................................................................................................................ 25
RIGHT TO ACCEPT AND TO REJECT ANY OR ALL BIDS ................................................................... 25
CONTENTS OF THE RFP .............................................................................................. 26
CLARIFICATIONS ................................................................................................................................... 27
AMENDMENT OF BIDDING DOCUMENT ............................................................................................. 27
LANGUAGE ............................................................................................................................................. 27
FORMAT AND SIGNING OF BID ........................................................................................................... 28
SEALING AND MARKING OF BID ......................................................................................................... 28
BID DUE DATE IS AS PER KEY DATES ............................................................................................... 30
LATE BIDS .............................................................................................................................................. 30
CONTENTS OF THE BID ....................................................................................................................... 30
MODIFICATIONS/ SUBSTITUTION/ W ITHDRAWAL OF BIDS ............................................................ 30
REJECTION OF BIDS ............................................................................................................................ 31
VALIDITY OF BIDS ................................................................................................................................. 31
CONFIDENTIALITY................................................................................................................................. 31
CORRESPONDENCE WITH THE BIDDER/APPLICANT ...................................................................... 31
BID SECURITY ....................................................................................................................................... 32
3 EVALUATION OF BIDS ............................................................................................................... 34
CONFIDENTIALITY ..................................................................................................................................... 34
CLARIFICATIONS ....................................................................................................................................... 34
OPENING AND EVALUATION OF BIDS .................................................................................................... 34
TESTS OF RESPONSIVENESS, EVALUATION FOR QUALIFICATION& FINANCIAL BID- PART I..... 35
EVALUATION PARAMETERS ..................................................................................................................... 36
FINANCIAL QUALIFICATION...................................................................................................................... 36
TECHNICAL QUALIFICATION .................................................................................................................... 37
GENERAL COMPLIANCES FOR MEETING QUALIFICATION ................................................................. 37
FINANCIAL BID – PART III ................................................................................................. 38
BIDDING CRITERIA – FINANCIAL BID PARAMETER......................................................................... 39

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 NOTIFICATION AND ISSUE OF LETTER OF AWARD ......................................................................... 39
CONTACTS DURING BID EVALUATION .............................................................................................. 39
4 FRAUD AND CORRUPT PRACTICES ....................................................................................... 40
5 PRE-BID CONFERENCE .............................................................................................................. 42
6 MISCELLANEOUS ........................................................................................................................ 43

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 List of Appendices

I Letter comprising the Bid

II Details of the Applicant
III Power of Attorney for signing of Bid
IV Power of Attorney for Lead Member of Consortium
V Anti-Collusion Certificate
VI(a),VI(aa) and
Format for Financial Capacity
VI(b)
VII Format for Technical Experience
VIII,VIII(A),VIII
Format for Technical Proposal
(B) and VIII(C)
Format for Financial Offer ( To be submitted online
IX
only)
Certificate from the Statutory Auditor regarding PPP
X and XA
projects and EPC projects
XI Statement of Legal Capacity
XII Joint Bidding Agreement
XIII Bank Guarantee for Bid Security

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 GLOSSARY

Associate/Affiliate As defined in Clause 2.1.24

Authority As defined in Clause 1.1.3
Bid(s) As defined in the Disclaimer and 1.2.2
Bidder/Applicant As defined in Clause 1.3.1
Bidding Documents As defined in Clause 1.1.9
Bid Due Date As defined in Clause 1.3.2
Bidding Process As defined in Clause 1.3.1
Bid Security As defined in Clause 1.3.5
Concession As defined in Clause 1.1.8
Concession Agreement As defined in Clause
1.1.8 Concessionaire As defined in Clause
1.1.5
Conflict of Interest As defined in Clause 2.1.15
Consortium As defined in Clause 2.1.1(ii)

DBFOT As defined in Clause 1.1.3

Estimated Project Cost As defined in Clause 1.1.7

Government Government of Madhya Pradesh
Lead Member As defined in Clause 2.1.21

Member Member of a Consortium

PPP Public Private Partnership
Project As defined in Clause 1.2.2
Project Area As defined in Clause 1.1.6
Re. or Rs. or INR Indian Rupee
RFP or Request for Proposals As defined in the Disclaimer
Preferred Bidder/Applicant As defined in Clause 1.3.8

The words and expressions beginning with capital letters and defined in this document shall, unless
the context otherwise requires, have the meaning ascribed thereto herein, shall, unless the context
otherwise requires, have the meaning ascribed thereto therein.

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 DEFINITIONS

“Applicant/Bidder” shall mean a person, including any individual, firm, Company,

Corporation, society, trust or any association or partnerships
(whether or not having separate legal personality) of two or a
maximum of three of the above and shall include succession and
assigns

“Authority” means The Commissioner BHOPAL MUNICIPAL

CORPORATION

“Associate/Affiliate” Associate/Affiliate means, in relation to the Bidder/Applicant /

Consortium Member, a person who controls, is controlled by, or is
under the common control with such Bidder/Applicant/ Consortium
Member (the “Associate/Affiliate”). As used in this definition, the
expression “control” means, with respect to a person which is a
company, 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, the power to direct the
management and policies of such person by operation of law.

“Concessionaire” means the successful Bidder/Applicant selected by the

Authority to implement the project and who has entered into
the Concession Agreement with the Authority for
implementation of the Project.

“Concessioning Authority/ means The Commissioner BHOPAL MUNICIPAL

Authority” CORPORATION (the “Authority”)

“Concession Agreement“ means the agreement entered between the Authority and the
Concessionaire pursuant to this RFP.

Concession Period Means period starting from the date of signing of concession
Agreement and ends at end of concession period or termination
date whichever is earlier.

“Collection” Means lifting and removal of Construction and Demolition

Waste (C & D waste) from the place of origin

Disposal Means final disposal of C & D waste rejects at the designated site
or any other site directed by AUTHORITY in terms of concession
agreement.

"Damages" means the damages payable by either Party to the other of them, as
set forth in the Concession Agreement.

"Letter of Award" or "LOA" means the letter issued by the Authority to the Selected
Bidder/Consortium whose bid has been accepted by the Authority
pursuant to this RFP for undertaking and executing the Project in
conformity with the terms and conditions as set forth in this RFP
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"Liquidated Damage"
"Operation & Maintenance"
"Processing"
“Processing Fees”
“Project”
“Successful Bidder/Applicant”
"Specifications and Standards"
"SPV"
"Storage"
"Selected Bidder"
"Termination "
Concession Agreement.
shall mean any loss/losses caused or sustained by authority due to
non-performance of any act as per the Scope of Work of
this RFP or performance or carrying out of any act expressly
or impliedly prohibited by the Authority as per the terms and
conditions of this RFP or otherwise in good faith by the
Concessionaire. Such losses shall be recoverable from the
Concessionaire to the extent of the default of the Concessionaire.
means the Operation and Maintenance of the Project and
includes all matters connected with or incidental to such
operation and maintenance, provision of services and facilities in
accordance with the provisions of this RFP and the Concession
Agreement;
means the process by which C&D Waste is mechanically
segregated, crushed and is transformed into new usable,
environmentally safe products;
Means the amount payable by the authority to the concessionaire
per metric ton of C & D waste for providing services in terms of the
RFP and in accordance with the concession agreement.
setting-up of 100 TPD capacity processing and recycling facility for
construction and demolition waste in Bhopal through ppp mode
shall have the meaning the entity or group of entities who shall be
signatory of the Concession Agreement.
means the specifications and standards relating to the quality,
quantity, capacity and other requirements for the Project and
any modifications thereof, or additions thereto expressly approved
by, the Authority.
means a Special Purpose Vehicle company, may be incorporated
by Selected Bidder (in case of Consortium,) under the provisions
of the Companies Act, 1956, pursuant to issuance of the LOA,
with the sole purpose to execute the Project in terms of
Concession Agreement.
means the temporary containment of Construction & Demolition
Wastes in covered containers in a manner so as to prevent littering
shall mean the Bidder/Consortium to whom the LOA has been issued.
means termination of this Concession Agreement pursuant to
Termination Notice or otherwise in accordance with the
provisions of the Concession Agreement but shall not, unless
the context otherwise requires, include the expiry of the
Concession Agreement due to efflux of time in the normal
course;
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 "Transportation" means conveyance of C&D Waste from place to place through
especially designed/mandated transport system so as to prevent
littering, unsightly conditions and traffic jams

“C and D Waste generators” shall mean all residential and commercial establishments located within
Project Area.

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DISCLAIMER

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

This RFP is not an agreement and is not an offer by the Authority to the prospective Bidder/Applicants or
any other person. The purpose of this RFP is to provide interested parties with information that may be
useful to them in preparing their bids (the “Bid”) including all the necessary submissions and the
financial offers pursuant to this RFP. This RFP includes statements, which reflect various assumptions
and assessments arrived at by the Authority or Authority in relation to the Project. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder/Applicant may
require. This RFP may not be appropriate for all persons, and it is not possible for the Authority, its
employees or advisors to consider the investment objectives, financial situation and particular needs of
each party who reads or uses this RFP. The assumptions, assessments, statements and information
contained in this RFP may not be complete, accurate, adequate or correct. Each Bidder/Applicant should,
therefore, conduct its own investigations and analysis and should check the accuracy, adequacy,
correctness, reliability and completeness of the assumptions, assessments, statements and information
contained in this RFP and obtain independent advice from appropriate sources.

Information provided in this RFP to the Bidder/Applicant(s) is on a wide range of matters, some of which
depends upon interpretation of law. The information given is not an exhaustive account of statutory
requirements and should not be regarded as a complete or authoritative statement of law. The Authority
or Authority accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on
law expressed herein.

The Authority its employees and advisors make no representation or warranty and shall have no liability
to any person, including any Bidder/Applicant 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 during the Bidding Process.

The Authority also accepts no liability of any nature whether resulting from negligence or otherwise
howsoever caused arising from reliance of any Bidder/Applicant upon the statements contained in this
RFP.

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

The issue of this RFP does not imply that the Authority or Authority is bound to select a
Bidder/Applicant or to appoint the Selected Bidder/Applicant or Concessionaire, as the case may be, for
the Project and the Authority and Authority reserves the right to reject all or any of the Bidder/Applicants
or Bids without assigning any reason whatsoever.

The Bidder/Applicant shall bear all its costs Associate/Affiliated with or relating to the preparation and
submission of its Bid including but not limited to preparation, copying, postage, delivery fees, expenses

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Associate/Affiliated with any demonstrations or presentations which may be required by the Authority or
any other costs incurred in connection with or relating to its Bid. All such costs and expenses will remain
with the Bidder/Applicant and the Authority shall not be liable in any manner whatsoever for the same or
for any other costs or other expenses incurred by a Bidder/Applicant in preparation or submission of the
Bid, regardless of the conduct or outcome of the Bidding Process.

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Commissioner, Bhopal Municipal Corporation
Bhopal

Request for Proposal (RFP) for

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 1. INTRODUCTION

Background

The Municipal Corporation Bhopal is spread over an area of 413 Sq.km. having a
population of 1922130 as per 2011census. The AUTHORITY is divided into 19 Zones
comprising 85 wards. As of now, generates about 800 Metric Tonnes of wastes daily. The
AUTHORITY proposes to develop economically viable and environmentally sustainable
systems for collection, transportation, processing and recycling of C&D waste under PPP
mode. The AUTHORITY shall ensure source segregation (without mixing with MSW or
other wastes) of C&D waste for easy collection and transportation of segregated waste to
the proposed C&D Waste processing facility. It The AUTHORITY is committed for
finding a sustainable solution for C&D waste management, as there is no land available
for disposing this material in sanitary landfills. The Successful Bidder will be provided
land of adequate size by the authority.
i. However, the Concessionaire may start the operation of the project before the expiry of
scheduled construction, if the construction and procurement of all components of the
project has been completed, but the Concession Period will remain for 20(Twenty) Years
if the construction and procurement of all components exceeds the scheduled time i.e. 6
months.

The Estimated Project Cost is 3.8 crore However the actual costs has to be determined by the
Bidder/Applicant based on a techno-commercial due diligence at their own expenses.

The draft Concession Agreement sets forth the detailed terms and conditions for grant of the
Concession to the Concessionaire, including the scope of the Concessionaire’s services and
obligations (the “Concession”) enclosed as Volume II of this document.

The statements and explanations contained in this RFP are intended to provide a proper
understanding to the Bidder/Applicants about the subject matter of this RFP and should not be
construed or interpreted as limiting in any way or manner the scope of services and obligations of
the Concessionaire set forth in the Concession Agreement or the Authority’s or 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 Authority.

The Authority shall receive Bids pursuant to this RFP in accordance with the terms set forth in
this RFP and other documents to be provided by the Authority pursuant to this RFP (collectively
the "Bidding Documents"), as modified, altered, amended and clarified from time to time by the
Authority, and all Bids shall be prepared and submitted in accordance with such terms.

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The Project

The Municipal Corporation Bhopal is spread over an area of 413 Sq.km. having a population
of 19.22 Lakhs. The Municipal Corporation Bhopal is divided into 19 Zones comprising 85
wards. As of now, generates about 800 Metric Tonnes of wastes daily. The Municipal
Corporation Bhopal proposes to develop economically viable and environmentally
sustainable systems for collection, transportation, processing and recycling of C&D waste
under PPP mode. The Municipal Corporation Bhopal shall ensure source segregation (without
mixing with MSW or other wastes) of C&D waste for easy collection and transportation of
segregated waste to the proposed C&D Waste processing facility. Authority will do the
collection of C & D waste and provide it to the concessionaire at Plant. The authority
is committed for finding a sustainable solution for C&D waste management, as there is no land
available for disposing this material in sanitary landfills. The Successful Bidder will be provided
land of adequate size by the authority for establishing the C & D Waste Processing Plant.
Authority will provide C & D waste at plant site. Authority will provide C& D waste of
approximately 50% of the plant capacity as per this RFP. Authority will buy back any
amount up to 25%-50% of its requirement of the paver block ,bricks, Ground sub Base or other
such materials from the concessionaire at rate equivalent to average of tender rates received by
the authority of that item in different tenders in last 6 months. These rates will be reviewed and
revised after every six months by following the same procedure.
The Project (hereinafter referred to as 'the Project') shall be developed through PPP (Public
Private Partnership) mode under “Design, Finance, Build, Operate and Transfer” model.

The Project scope of work to be fulfilled by Concessionaire would be detailed out in the
Concession Agreement and which shall broadly include the following aspects:

a) Complete management of generated C & D in the whole project area. C&D waste will be
provided to concessionaire at plant site by the authority.

b) Procuring equipment, plant and machinery required for carrying out the project activities.

The project is to be developed through PPP model and the technology for C&D Waste processing
has been kept neutral but shall be mandatory however not more than 10% waste shall be allowed
for disposal at Sanitary Land Fill site.

The concessionaire shall be paid monthly processing fee based on the waste tonnage, covering
the scope of services mentioned in clause 1.2.2 above. In addition to the monthly processing fee,
the concessionaire shall retain all the revenue accrued from the sale of product/by-product.

Brief Description of Bidding Process

The Authority invites Bidder/Applicants (“Bidder/Applicant”) to submit their Bids for the
Project. The Authority has adopted a single-stage Two (2) envelop bidding process (referred to as
the “Bidding Process”) for selection of the Bidder/Applicant for award of the Project.

The Bidder/Applicants are requested to submit their Technical and Financial Bids in accordance
with the Bidding Documents (“the Bids”). The Bid shall be valid for a period of not less than 120
(one hundred and twenty) days from the date for submission of Bids (the “Bid Due Date”).

The Bidding Documents include Instruction to Bidder/Applicants and the draft Concession
Agreement. Subject to the provisions of Clause 2.1.5 herein below, the aforesaid documents and

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any addenda issued subsequent to this RFP Document, but before the Bid Due Date, will be
deemed to form part of the Bidding Documents.

The Bid Document shall be available to all the Bidder/Applicants from e-procurement website
www.mptenders.com as per Date/Time mentioned on e-procurement portal on payment of non-
adjustable & non-refundable amount of Rs10,000 plus service & gateway charges.

Bid Security

(a) A Bidder/Applicant is required to deposit, along with its Bid, a bid security equivalent to
1.0% (one percent) of the Estimated Project Cost (the “Bid Security”) equivalent to INR
3.80 Lakhs refundable not later than 180 (One Hundred Eighty) days from the Bid Due Date
except in the case of the preferred Bidder/Applicant. The Bidder/Applicants will have an
option to provide Bid Security in the form of a demand draft or Fixed Deposit Receipt (FDR)
or Bank Guarantee (BG) from any Scheduled commercial Bank/Nationalized Bank in India
drawn in favour of the Municipal Commissioner Bhopal payable at Bhopal, Madhya Pradesh,
India and in such event, the validity period of the demand draft or FDR or Bank Guarantee
(BG), as the case may be, shall not be less than 180 (one hundred and eighty) days from the
Bid Due Date, inclusive of a claim period of 60 (sixty) days, and may be extended as may be
mutually agreed between the Authority and the Bidder/Applicant from time to time. The Bid
shall be summarily rejected if it is not accompanied by the Bid Security.
(b) Bid security in the form of Bank Guarantee/Demand Draft of “Foreign Banks”, which have
presence in India and are approved by RBI, shall be accepted. The bidder shall submit a
proof for such presence and approval with bid documents.

Bidder/Applicants would need to submit the following sets of documents on e-procurement

portal as well as in physical form (except Financial Offer which shall be submitted online only)
as part of their Bid.
a. Documents mentioned in Clause 2.14.4- “Qualification Documents ”and
b. Technical Proposal as mentioned in Clause 2.14.4 – “Technical Proposal” and
c. Financial Offer as mentioned in Clause 2.14.4- “Financial Bid”.
The evaluation of the Bid submissions would be carried out in the following three stages.
a. The first stage would involve a test of responsiveness. Those Bids found to be
substantially responsive would be evaluated in the second stage.
b. In the second stage, the information of the Bidder/Applicants relating to their eligible
experience and financial capability would be evaluated as per Clause 3.6 and 3.7 of the
RFP. Further, the proposed plan submitted by the Bidder/Applicants for undertaking the
Project as per Clause 3.10 would be scrutinized. Only those Bidder/Applicants who
qualify in the second stage would be considered for evaluation in the third stage.
c. In the third stage, the Online Financial Bid would be opened and evaluated to identify the
Preferred Bidder/Applicant.
Generally, the Preferred Bidder/Applicant (the “Preferred Bidder/Applicant”) shall be the
Bidder/Applicant quoting the lowest Processing fees (Lowest Bidder/Applicant). The remaining
Bidder/Applicants shall be kept in reserve and may, in accordance with the process specified in
provisions of Clause 3.11 below of this RFP, be invited to match the Bid submitted by the
Lowest Bidder/Applicant in case the Lowest Bidder/Applicant withdraws or is not selected for
any reason. In the event that none of the other Bidder/Applicants match the Bid of the Lowest
Bidder/Applicant, the Authority may, in its discretion, invite fresh Bids from all
Bidder/Applicants or annul the Bidding Process, as the case may be.

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Bidder/Applicants are strongly recommended to examine the Project in greater detail, and to
carry out, at their cost, such studies as may be required for submitting their respective Bids for
award of the Concession including implementation of the Project. The Authority will not be held
responsible for any incorrect decision arrived at by the Bidder/Applicants based on the data
provided in this RFP document.

Bids are invited for the Project on the basis of the lowest Processing Fee payable by the
Authority to the Concessionaire for implementing the Project. The Concession Period is pre-
determined, as indicated in the Draft Concession Agreement. The Processing Fee required shall
constitute the sole criteria for evaluation of Bids.

Further details of the process to be followed at the Bid Stage and the terms thereof are spelt out in
this RFP.

Any queries or request for additional information concerning this RFP shall be submitted in
writing or by fax or through email to the officer designated as set out in Clause 2.14.9 below.
The envelopes/ communication shall clearly bear the following identification/ title:

“Queries/ Request for Additional Information: RFP for SETTING-UP OF 100 TPD
CAPACITY PROCESSING AND RECYCLING FACILITY FOR CONSTRUCTION
AND DEMOLITION WASTE IN BHOPAL THROUGH PPP MODE

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 2. INSTRUCTIONS TO BIDDER/APPLICANTS

A. GENERAL

General terms of Bidding

The Bidder/Applicant

(a) may be a person, including any individual, firm, Company, Corporation, society, trust or any
association or partnerships (whether or not having separate legal personality) of two or maximum
of three of the above and shall include succession and assigns; or

(b) May be a single entity or a group of entities (the “Consortium not exceeding 03 (three)
members”), coming together to implement the Project.

A Bidder/Applicant is eligible to submit only one Bid for the Project. A Bidder/Applicant
bidding individually or as a member of a Consortium shall not be entitled to submit another Bid
either individually or as a member of any other Consortium, as the case may be.

The term Bidder/Applicant used herein would apply to both a single entity and a Consortium.

Unless the context otherwise requires, the terms not defined in this RFP, but defined in the
Concession Agreement for the Project shall have the meaning assigned thereto in the Concession
Agreement.

Notwithstanding anything to the contrary contained in this RFP, the detailed terms specified in
Concession Agreement shall have overriding effect; provided, however, that any conditions or
obligations imposed on the Bidder/Applicant hereunder shall continue to have effect in addition
to its obligations under the Concession Agreement.

The information continued in CA (Part II) of this RFP document] for the Project is being
provided only as a preliminary reference document by way of assistance to the Bidder/Applicants
who are expected to carry out their own surveys, investigations and other detailed examinations
before submitting the Bids.

The Financial Bid should be furnished in the format provided on e-procurement portal (as per
Appendix IX)clearly indicating the bid amount in both figures and words, in Indian Rupees and
digitally signed by the Bidder/Applicant’s authorised signatory. In the event of any difference
between figures and words, the lowest amount of the figures or words shall be taken into account.

The Financial Bid shall consist of Processing Fee per ton, to be quoted by the
Bidder/Applicant. Processing Fee shall be payable by the Authority to the Concessionaire as per
the terms and conditions of this RFP and the provisions of the Draft Concession Agreement.

The Bidder/Applicant shall furnish a Bid Security as per Clause 1.3.5and in accordance with the
provisions of this RFP.

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The validity period of the Bank Guarantee or Demand Draft, as the case may be, shall not be less
than 180 (one hundred and eighty) days from the Bid Due Date, inclusive of a claim period of 60
(sixty) days, and may be extended as may be mutually agreed between the Authority and the
Bidder/Applicant. The Bid shall be summarily rejected if it is not accompanied by the Bid
Security. The Bid Security shall be refundable no later than 60 (sixty) days from the Bid Due
Date except in the case of the Selected Bidder/Applicant whose Bid Security shall be retained till
it has provided a Performance Security under the Concession Agreement.

The Bidder/Applicant should submit a Power of Attorney as per the format at Appendix III,
authorising the signatory of the Bid to commit the Bidder/Applicant.

In case the Bidder/Applicant is a Consortium, the Members thereof should furnish a Power of
Attorney in favour of the Lead Member in the format at Appendix IV.

Any condition or qualification or any other stipulation contained in the Bid submission shall
render the Bid submission liable to rejection as a non-responsive Bid submission.

The Bid submission and all communications in relation to or concerning the Bidding Documents
and the Bid submission shall be in English language.

The Bidding Documents including this RfP and all attached documents are and shall remain the
property of the Authority and are transmitted to the Bidder/Applicants solely for the purpose of
preparation and the submission of a Bid in accordance herewith. Bidder/Applicants are to treat all
information as strictly confidential and shall not use it for any purpose other than for preparation
and submission of their Bid. The Authority will not return any Bid or any information provided
along therewith.

A Bidder/Applicant shall not have a conflict of interest (the “Conflict of Interest”) that affects the
Bidding Process. Any Bidder/Applicant found to have a Conflict of Interest shall be disqualified.
In the event of disqualification, the Authority shall be entitled to forfeit and appropriate the Bid
Security or Performance Security, as the case may be, as mutually agreed genuine pre-estimated
loss and damage likely to be suffered and incurred by the Authority and not by way of penalty
for, inter alia, the time, cost and effort of the Authority, including consideration of such
Bidder/Applicant’s proposal (the “Damages”), without prejudice to any other right or remedy that
may be available to the Authority under the Bidding Documents and/ or the draft Concession
Agreement or otherwise. Without limiting the generality of the above, a Bidder/Applicant shall
be deemed to have a Conflict of Interest affecting the Bidding Process, if:

i. the Bidder/Applicant, its Member or Associate/Affiliate (or any constituent thereof)

and any other Bidder/Applicant, its Member or any Associate/Affiliate 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/Applicant, its Member or an Associate/Affiliate
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/Applicant, Member
or Associate/Affiliate, as the case may be) in the other Bidder/Applicant, its Member
or Associate/Affiliate, 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 subsection (72) of section 2 ofof the Companies Act, 2013. For
the purposes of this Clause 2.1.14, indirect shareholding held through one or more

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 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

i. a constituent of such Bidder/Applicant is also a constituent of another

Bidder/Applicant; or

ii. such Bidder/Applicant, its Member or any Associate/Affiliate thereof receives or has
received any direct or indirect subsidy, grant, concessional loan or subordinated debt
from any other Bidder/Applicant, its Member or Associate/Affiliate, or has provided
any such subsidy, grant, concessional loan or subordinated debt to any other
Bidder/Applicant, its Member or any Associate/Affiliate thereof; or

iv. such Bidder/Applicant has the same legal representative for purposes of this Bid as
any other Bidder/Applicant; or

v. such Bidder/Applicant, or any Associate/Affiliate thereof, has a relationship with

another Bidder/Applicant, or any Associate/Affiliate thereof, directly or through
common third party/ parties, that puts either or both of them in a position to have
access to each others’ information about, or to influence the Bid of either or each
other; or

vi. such Bidder/Applicant or any Associate/Affiliate thereof has participated as a

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

Explanation:

In case a Bidder/Applicant is a Consortium, then the term Bidder/Applicant as used in this

Clause 2.1.14, shall include each Member of such Consortium.

A Bidder/Applicant 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/Applicant, its Members or any Associate/Affiliate thereof, as the case may be, in any
manner for matters related to or incidental to such Project during the Bidding Process or
subsequent to the (i) issue of the LOA or (ii) execution of the Concession Agreement. In the
event any such adviser is engaged by the Selected Bidder/Applicant or Concessionaire, as the
case may be, after issue of the LOA or execution of the Concession Agreement for matters
related or incidental to the Project, then notwithstanding anything to the contrary contained
herein or in the LOA or the Concession Agreement and without prejudice to any other right or
remedy of the Authority, including the forfeiture and appropriation of the Bid Security or
Performance Security, as the case may be, which the Authority may have there under or
otherwise, the LOA or the Concession Agreement, as the case may be, shall be liable to be

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 terminated without the Authority being liable in any manner whatsoever to the Selected
Bidder/Applicant or Concessionaire for the same. For the avoidance of doubt, this
disqualification shall not apply where such adviser was engaged by the Bidder/Applicant, its
Member or Associate/Affiliate in the past but its assignment expired or was terminated 6 (six)
months prior to the date of issue of RFP for the Project. Nor will this disqualification apply
where such adviser is engaged after a period of 3 (three) years from the date of commercial
operation of the Project.

This RFP is not transferable.

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

To be eligible, a Bidder/Applicant shall fulfill the following conditions of eligibility set out in
this RFP document Clause 3.6 and Clause 3.7.

The Bidder/Applicants shall enclose with its Bid, to be submitted as per the format at Appendix -
I, complete with its Appendices.

2.1.21. :

a) Where the Applicant is a single entity, once selected as a concessionaire shall have to
form a Special Purpose Vehicle (SPV) incorporated under Indian Companies Act
2013 before signing of the Concessionaire agreement.

b) In case applicant is a consortium then in addition to forming SPV once it is selected as

a Concessionaire, comply with the following additional requirements:

A. Number of members in a consortium shall not exceed 3 (three),

B. subject to the provisions of sub-clause (A) above, the Application should

contain the information required for each member of the Consortium;

C. Members of the Consortium shall nominate one member as the lead

member (the “Lead Member”), who shall have an equity share holding of
at least 26% (twenty six per cent) 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 Appendix - VIII, signed by all the other
members of the Consortium;

D. the Application should include a brief description of the roles and

responsibilities of individual members, particularly with reference to
financial, technical and O&M obligations;

E. An individual Applicant cannot at the same time be member of a

Applicant Consortium applying. Further, a member of a particular
Applicant Consortium cannot be member of any other Applicant
Consortium;

F. members of the Consortium shall enter into a binding Joint

Bidding Agreement, substantially in the form specified at Appendix -

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 XII (the “Jt. Bidding Agreement”), for the purpose of making the
Application and submitting a Bid in the event of being short-listed. The
Jt. Bidding Agreement, to be submitted along with the Application, shall,
inter alia:

i. convey the intent to form an SPV with shareholding/

ownership equity commitment(s) in accordance with this RFP,
which would enter into the Concession Agreement and subsequently
perform all the obligations of the Concessionaire in terms of the
Concession Agreement, in case the Project is awarded to the
Consortium;

ii. clearly outline the proposed roles and responsibilities, if any,

of each member;

iii. commit the minimum equity stake to be held by each member;

iv. The “Lead Member” shall have a minimum 26% (twenty six per
cent) of the paid up and subscribed equity of the SPV, during the
implementation Period. The Consortium Members other than the
Lead Member should have a minimum 11% of the subscribed and
paid up equity of the SPV. This shareholding shall be maintained
from the date of the signing of the Concession Agreement and till
implementation period.

v. members of the Consortium undertake that they shall collectively

hold at least
a) 51% (fifty one per cent) of the subscribed and paid up equity
of all the SPV during Implementation period,
b) 33% (Thirty Three Percent) of its paid up equity capital during
remaining agreement period
vi. include a statement to the effect that all members of the
Consortium shall be liable jointly and severally for all obligations of
the Concessionaire in relation to the Project until the Financial Close
of the Project is achieved in accordance with the Concession
Agreement; and

G. except as provided under this RFP and the Bidding Documents, there shall
not be any amendment to the Jt. Bidding Agreement without the prior
written consent of the Authority during the Bidding Period;

c) The Applicant should submit a Power of Attorney as per the format at Appendix III,
authorizing the signatory of the Application to commit the Applicant. In the case of a
Consortium, the Members should submit a Power of Attorney in favour of the Lead
Member as per format at Appendix - IV.

d) The Applicant may seek qualification on the basis of capability of its Parent Company
and / or it’s Associate/Affiliate (s) for the purpose of meeting the Qualification
Requirements. In case of the Applicant being a Consortium, any Member may seek
qualification on the basis of capability of its Parent Company and / or its Affiliate(s).
Authorization for use of such technical or financial capability shall have to be provided
from its Parent Company and/or Associate/Affiliate (s) in line with Exhibit –I. The

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 financial capability of a particular company, including its Parent Company (ies) and / or
Associate/Affiliate shall not be used by more than one Application.

The documentary evidence determining the relationship of Parent Company or

Associate/Affiliate with the Applicant or with the Member of the Consortium, including
the Lead Member, shall not be dated prior to 01st April, 2018. Documentary evidence
certified by the Auditor to establish such relationship shall be furnished by the
Bidder/Applicant along with the Application.

Any entity which has been barred by the Central/ State Government, or any entity controlled by
them, from participating in any project (BOT or otherwise), and the bar subsists as on the date of
Bid, would not be eligible to submit a Bid, either individually or as member of a Consortium.

A Bidder/Applicant/ Consortium Member or Associate/Affiliates should, in the last 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/Applicant/ Consortium Member or Associate/Affiliates as the case may be, nor 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/Applicant/ Consortium Member or
Associate/Affiliates.

In computing the Technical Capacity, Net Worth and Annual Turnover of the Bidder/Applicant/
Consortium Members under Clauses 3.6 and 3.7, the Technical Capacity and Net Worth of their
respective Associate/Affiliates would also be eligible hereunder.

For purposes of this RFP, Associate/Affiliate means, in relation to the Bidder/Applicant/

Consortium Member, a person who controls, is controlled by, or is under the common control
with such Bidder/Applicant/ Consortium Member (the “Associate/Affiliate”). As used in this

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, whether by operation of law.

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

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

(ii) information supplied by a Bidder/Applicant (or other constituent Member if the

Bidder/Applicant is a Consortium) must apply to the Bidder/Applicant, Member or
Associate/Affiliate named in the Bid and not, unless specifically requested, to other
Associate/Affiliated companies or firms;

(iii) Bidder/Applicants should demonstrate their capacity in accordance with Clause 3.6and
Clause 3.7below; and

While qualification is open to applicants from any country, the following provisions shall apply:

(a) Where, on the date of the application Bidders involving foreign equity shall

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 need clearance from Foreign Investment Promotion Board (FIPB) at Delhi,
and all other appropriate clearances a, 25% (twenty five percent) or more of
the aggregate issued, subscribed and paid up equity share capital in an Applicant or its
member is held by persons resident outside India; or
(b) If at any subsequent stage after the date of the Application, there is an acquisition of 25%
or more of the aggregate issued, subscribed and paid up equity share capital or control,
by persons resident outside India, in or of the Applicant or its Member;]
[Then the Qualification of such Applicant shall be subject to approval of the Authority
from national security and public interest perspective. The decision of the Authority I in
this behalf shall be final ad 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 or legal or beneficial
ownership or control, by persons acting for themselves or in concert and in determining
such holding or acquisition, the Authority I shall be guided by the principles, precedents
and definition contained in the Securities and Exchange Board of India (Substantial
Acquisition of Shares and takeovers) Regulations. 2011, or any substitute thereof, as in
force on the date of such acquisition). The applicant shall promptly inform the Authority
of any change in the shareholding, as above, and failure to do so shall render the
Applicant liable for disqualification from the Bidding Process.

Deleted.

Change in Ownership

The “Lead Member” of the consortium shall hold not less than 26% (twenty six percent) of the
equity in SPV during the implementation period. The other members of the consortium, whose
technical and financial capacity was evaluated for the purpose of qualification and short listing in
response to the Request for Proposal, shall hold not less than11% (eleven percent) of Equity of
SPV, during the implementation period.

2.3.2.

The Bidder/Applicant further acknowledges and agrees that the aforesaid obligation shall be the
minimum, and shall be in addition to such other obligations as may be contained in the Concession
Agreement, and a breach hereof shall not withstanding anything to the contrary contained in the
Concession Agreement, be deemed to be a breach of the Concession Agreement and dealt with as such
there under. For the avoidance of doubt, the provisions of this Clause 2.3 shall apply only when the
Bidder/Applicant is a Consortium
By submitting the Bid, the Bidder/Applicant shall also be deemed to have acknowledged and
agreed that in the event of a change in control of a Consortium Member or an Associate/Affiliate
whose Technical Capacity and/ or Financial Capacity was taken into consideration for the purposes
of short-listing and pre-qualification under and in accordance with the RFQ, the Bidder/Applicant
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/Applicant or withdraw the LOA from the Selected
Bidder/Applicant, as the case may be. In the event such change in control occurs after signing of
the Concession Agreement but prior to Financial Closure of the Project, it would, notwithstanding
anything to the contrary contained in the 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

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 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

Number of Bids and the Cost thereof

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

The Bidder/Applicants shall be responsible for all of the costs Associate/Affiliated with the
preparation of their Bids and their participation in the Bid Process. The Authority I will not be
responsible or in any way liable for such costs, regardless of the conduct or outcome of the Bidding
Process.

Site visit and verification of information

Prior to submitting the Proposal, the Bidder/Applicant is encouraged to visit and examine the
project site and its surroundings, obtain and ascertain for themselves all technical data, and other
information necessary for preparing their Proposal (bid) including carrying out necessary technical
surveys, field investigations, market & demand assessment (for out put processing), assets
condition assessment etc. at its own cost and risk. Bidder/Applicants are encouraged to submit their
respective Bids after visiting the Project site/area to ascertain the ground situation, coverage,
quality of assets or any other matter considered relevant by it. The Bidder/Applicant shall be
deemed to have full knowledge of the site conditions, whether physically inspected or not, if
Bidder/Applicant submits a Proposal for this project.

For the above purpose, the Bidder/Applicants may approach the Authority for assistance during
any site visit. The Bidder/Applicants shall be responsible for all arrangements and shall release and
indemnify the Authority and/or any of its agencies/consultants/advisors from and against all
liability in respect hereof and shall be solely responsible for any personal injury, loss of or damage
to property or any other loss, damage, costs or expenses, however caused, which, but for the
exercise of such permission, would not have arisen due to this RFP.

It shall be deemed that by submitting a Bid, the Bidder/Applicant has:

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

b. received all relevant information requested from the Authority;

c. acknowledged and accepted the risk of inadequacy, error or mistake in the information
provided in the Bidding Documents or furnished by or on behalf of the Authority relating
to any of the matters referred to in Clause 2.5.1 above;

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

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

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 information provided in the Bidding Documents or ignorance of any of the matters
referred to in Clause 2.5.1 hereinabove shall not be a basis for any claim for
compensation, damages, extension of time of performance of its obligations, loss of profit
etc. from the Authority, or a ground for termination of the Concession Agreement; and

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

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

Acknowledgement by Bidder

It shall be deemed that by submitting a Bid, The Bidder has:

(a) made a complaint and careful examination of the Bidding Documents:

(b) received all relevant information requested from the Authority;
(c) accepted risk of inadequacy, error or mistake in the information provided in the bidding
documents or furnished by or on behalf of the Authority relating to any of the matters referred to
in Clause 2.5 above;
(d) agreed to be bound by the undertakings provided by it under and in terms of hereof
Deleted

Right to accept and to reject any or all Bids

The Authority reserves the right to verify all statements, information and documents submitted
by the Bidder/Applicant in response to the RFP and the Bidder/Applicant 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/Applicant of its obligations or liabilities hereunder nor will
it affect any rights of the Authority there under. Failure of the Authority to undertake such
verification shall not relieve the Bidder/Applicant of its obligations or liabilities hereunder nor
will it affect any rights of the Authority there under.
Notwithstanding anything contained in this RFP, the Authority I 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 there for

The Authority reserves the right to reject any Bid if:

1. at any time, a material misrepresentation is made or uncovered either, ,

(i) Before or during the evaluation of bid;
Or
(ii) After the bids have been evaluated; and
The bid security shall be forfeited,
2. The Bidder/Applicant does not provide any supplemental information sought by the
Authority –I, within the specified time, for evaluation of the bid. The bid shall be
treated as non- responsive.

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 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 Bidder/Applicant or the Bidder/Applicant has made material
misrepresentation or has given any materially incorrect or false information, the
Bidder/Applicant shall be disqualified forthwith if not yet appointed as the Concessionaire either
by issue of the LOA or entering into the Concession Agreement, and if the Bidder/Applicant has
already been issued the LOA or has entered into the Concession Agreement, as the case may be,
the same shall, notwithstanding anything to the contrary contained therein or in this RFP, be
liable to be terminated, by a communication in writing by the Authority to the Bidder/Applicant,
without the Authority being liable in any manner whatsoever to the Bidder/Applicant 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 mutually agreed genuine pre-
estimated 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.

B. 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 2.9.

Invitation for Bids

Section 1.Introduction
Section 2.Instructions to Bidder/Applicants
Section 3.Evaluation of Bids
Section 4.Fraud and Corrupt Practices
Section 5.Pre-Bid Conferences
Section 6.Miscellaneous
Appendices

I Letter comprising the Bid

II Details of the Applicant
III Power of Attorney for signing of Bid
IV Power of Attorney for Lead Member of Consortium
V Anti-Collusion Certificate
VI(a),VI(aa) and
Format for Financial Capacity
VI(b)
VII Format for Technical Experience
IX Format for Financial Offer ( To be submitted online only)
Certificate from the Statutory Auditor regarding PPP projects and EPC
X and XA
projects
XI Statement of Legal Capacity
XII Joint Bidding Agreement

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 XIII Bank Guarantee for Bid Security

The draft Concession Agreement (Volume II) to be provided by the Authority as part of the Bid
Documents shall be deemed to be part of this RFP.

Clarifications

Bidder/Applicants requiring any clarification on the RFP may notify the Authority in writing or
by fax and e-mail to the address provided in Clause 2.14.8. They should send in their queries as
specified in Key Dates. The Authority shall endeavour to respond to the queries before the date
specified in the schedule of Bidding Process contained in key Dates. The Authority shall
endeavour to respond to the queries within the period specified therein, but no later than 10 (ten)
days prior to the Bid Due Date. The responses will be sent by fax or e-mail or uploaded on the e-
procurement portal.

The Authority shall endeavour to respond to the questions raised or clarifications sought by the
Bidder/Applicants. However, the Authority reserves the right not to respond to any question or
provide any clarification, in its sole discretion, and nothing in this Clause shall be taken or read
as compelling or requiring the Authority to respond to any question or to provide any
clarification.

The Authority may also on its own motion, if deemed necessary, issue interpretations and
clarifications to all Bidder/Applicants. All clarifications and interpretations issued by the
Authority shall be deemed to be part of the Bidding Documents. Verbal clarifications and
information given by Authority or its employees or representatives shall not in any way or
manner be binding on the Authority/Authority.

Amendment of Bidding Document

At any time prior to the deadline for submission of Bids, the Authority may, for any reason,
whether at its own initiative or in response to clarifications requested by a Bidder/Applicant,
modify the RFP by the issuance of Addenda;

Any Addendum thus issued will be sent in writing to all the Bidder/Applicants or will be
published on e-procurement portal; and

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

C. PREPARATION AND SUBMISSION OF BIDS

Language

The Bids 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/Applicant with the Bid may be in any other language provided that they are accompanied
by appropriate translations of the pertinent passages in the English language, duly authenticated
and certified by the Bidder/Applicant. Supporting materials, which are not translated into

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 English, may not be considered. For the purpose of interpretation and evaluation of the Bid, the
English language translation shall prevail.

Format and Signing of Bid

The Bidder/Applicant shall provide all the information sought under this RFP. The Authority will
evaluate only those Bids that are received in the required formats and complete in all respects.
Incomplete and/or conditional Bids shall be liable to rejection. Those bids which are not in the
required formats will be termed as “non-responsive”.

The Bidder/Applicant shall submit one original and one copy of the entire Bid in online form as
well as the same must also be uploaded on e-procurement portal. In the event of any discrepancy
Bid submitted on e-procurement portal shall prevail.

Documents submitted online must be digitally signed.

Sealing and Marking of Bid

The Bidder/Applicant shall submit the Bids in the manner specified in this Clause 2.12.

The Bidder/Applicant shall submit the Proposal in accordance with the guidelines prescribed in
this RFP, Instructions to Bidder/Applicants for participation in e-Tendering and ensure that the
Proposal is complete in all aspects. The Authority reserves the right to reject Proposals that do
not conform to the clause as prescribed in the various sections of this RFP.

The Proposal shall be submitted in two parts, viz.,

Part I–Qualification Documents&Technical Proposal(in e-procurement Portal)

Part II – Financial Bid(Only on e-procurement Portal) as per template available on

e-procurement portal. The Financial Offer should be contained in Part III only.
Inclusion of any Financial Offer in other parts would lead to disqualification of the
Proposal.

The Bidder/Applicant shall submit 2 (two) copies of each of the Part 1 and Part II
Proposals in separate envelopes marked “Original‟ and “Copy‟ respectively and a soft
copy(Scanned copy of original) one-procurement portal of the Proposal. In the event
of any discrepancy Proposal Submitted on e-procurement portal shall prevail.

The packing, sealing and marking of the Proposal should be done in envelopes as per the table
and the instructions given below:

The Bidder/Applicant shall submit the Bids (in physical form) in two separate covers comprising
the following documents and marked as “Qualification Documents” and “Technical Proposal”.
These two covers shall be kept in one large cover marked as Envelope I.

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 Envelope I: “Qualification Documents and Technical Proposal as per the formats
Provided

1. Bid Security, as per Appendix XIII. In case Bid security is in form of Demand Draft, the
Bidder/Applicant shall write name & contact details on back of the Demand Draft.

2. All the relevant Appendix I to Appendix VII and Appendix X to Appendix XII

3. A copy of the Concession Agreement with each page initialled by the person signing the bid in
pursuance to the power of attorney authorizing him to sign the bid.

4. Detailed Technical Proposal as per the format provided in Appendix-VIII;

Envelope II: “Financial Bid”

Financial Proposal as per the format provided on e-procurement portal and has to be submitted
online only.

The Bidder shall seal the envelope of the Bid in a cover and mark it as “Qualification
Documents”. It should be clearly marked as “Original”. “Financial Bid” must be submit only on
e-procurement portal.

Similarly, the copy of the physically submitted Bid shall be sealed in a cover, clearly ,marking
only on e-procurement portal. Both the original and the copy shall be placed in a single larger
envelope and sealed.

Each of the envelopes (outer and inner) shall clearly bear the following identification:

“SETTING-UP OF 100 TPD CAPACITY PROCESSING AND RECYCLING FACILITY

FOR CONSTRUCTION AND DEMOLITION WASTE IN BHOPAL THROUGH PPP
MODE”
”and shall clearly indicate the name and address of the Bidder/Applicant. In addition, the Bid
Due Date should be indicated on the right hand top corner of each of the envelopes.

The envelopes shall be addressed to

ATTN. OF:

The same proposal submitted on e-procurement portal must be digitally signed as per Instructions
to Bidder/Applicants for participation in e-Tendering.

Bidder/Applicants should strictly adhere to the formats prescribed in this RFP Document while
submitting their Proposals. The Authority reserves the right to reject any Proposal, which does
not meet this requirement.

The Authority expects Bidder/Applicants to adhere to the sealing and marking instructions given
above and assumes no responsibility for the misplacement or premature opening of the contents

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 of the Proposal submitted. If the envelope is not sealed and marked as instructed above, such
Proposal, may, at the sole discretion of the Authority, be rejected.

Proposal must be on e-procurement portal. Bids submitted by fax, telex, telegram or e-mail
shall not be entertained and shall be rejected summarily.

Bidder/Applicants should attach clearly marked and referenced continuation sheets in the event
that the space provided in the prescribed forms in the different Appendix is insufficient.
Alternatively, Bidder/Applicants may format the prescribed forms making due provision for
incorporation of the requested information.

Bid Due Date is as per key dates

Physical Bids should be submitted as per Bid Due Date as set out in key dates at the address
provided in Clause 2.14.9 in the manner and form as detailed in this RFP. A receipt thereof
should be obtained from the person specified at Clause 2.14.8; Bids should also be submitted on
e-procurement portal as per key schedule and

The Authority may, in its sole discretion, extend the Bid Due Date by issuing an Addendum in
accordance with Clause 2.11 uniformly for all Bidder/Applicants.

Late Bids

Physical Bids received by Authority after the specified time on the Bid Due Date and/or Bids not
submitted on e-procurement portal shall not be eligible for consideration and shall be summarily
rejected.

Contents of the Bid

The Bid shall be furnished in the format at Appendices and shall consist of a Processing fee to be
quoted by the Bidder/Applicant. The Bidder/Applicant shall specify (in Indian Rupees) the
Processing Fee to undertake the Project in accordance with this RFP and the provisions of the
Concession Agreement.

The Project will be awarded to the qualified Bidder/Applicant quoting the lowest
Processing Fees per MT for C & D waste, Processing fee shall be inclusive of all taxes.

The opening of Bids and acceptance thereof shall be substantially in accordance with this RFP.

The proposed Concession Agreement shall be deemed to be part of the Bid.

Modifications/ Substitution/ Withdrawal of Bids

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

The modification, substitution or withdrawal notice shall be prepared, sealed, marked, and
delivered in accordance with Clause 2.14, with the envelopes being additionally marked
“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.

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 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 Authority shall be disregarded.

Rejection of Bids

Notwithstanding anything contained in this RFP, The Authority reserves the right to reject any
Bid and to annul the Bidding Process and reject all Bids at any time without any liability or any
obligation for such acceptance, rejection or annulments, and without assigning any reason
thereof. In the event that the Authority rejects or annuls all the Bids, it may, in its discretion,
invite all eligible Bidder/Applicants to submit fresh Bids hereunder.

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

Validity of Bids

The Bids shall be valid for a period of not less than 120(One Hundred And Twenty) days from
the Bid Due Date. The validity of Bids may be extended by mutual consent of the respective
Bidder/Applicants and the Authority.

Confidentiality

Information relating to the examination, clarification, evaluation and recommendation for the
Bidder/Applicants shall not be disclosed to any person who is not officially concerned with the
process or is not a retained professional advisor advising the Authority in relation to, or matters
arising out of, or concerning the Bidding Process. The Authority will treat all information,
submitted as part of 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 and Authority.

Correspondence with the Bidder/Applicant

The Authority shall not entertain any correspondence with any Bidder/Applicant in relation to
acceptance or rejection of any Bid however to maintain transparency it will publish/send the
evaluation report to all the Bidder/Applicants.

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D. BID SECURITY
Bid Security

Details of Bid Security

a) The Bidders shall furnish as part of its Bid, a Bid Security referred to in Clauses 1.3.5 above in
the form of either Demand Draft from any Scheduled/Nationalized Bank or Fixed Deposit Receipt
(FDR)/ Bank Guarantee (BG) and having a validity period of not less than 180 (One Hundred
Eighty) days including the claim period of 60 days from the Bid Due Date, as may be extended by
the Bidder from time to time

b) Bid Security in the form of Bank Guarantee / Demand draft of “Foreign Banks”, which have
presence in India and are approved by RBI, shall be accepted. The bidder shall submit a proof for
such presence and approval with bid documents.

The Authority or Authority shall not be liable to pay any interest on the Bid Security deposit so
made and the same shall be interest free.

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

The Bid Security of unsuccessful Bidder/Applicants will be returned by the Authority, without
any interest, as promptly as possible on acceptance of the Bid of the selected Bidder/Applicant or
when the Bidding Process is cancelled by the Authority.

The Selected Bidder/Applicant’s Bid Security will be returned, without any interest, upon the
Bidder/Applicant signing the Concession Agreement and furnishing the Performance Security in
accordance with the provisions thereof.

The Authority shall be entitled to forfeit and appropriate the Bid Security as compensation/
damages to the Authority in any of the events specified in Clause 2.23.7 herein below. The
Bidder/Applicant, by submitting its Bid pursuant to this RFP, shall be deemed to have
acknowledged and confirmed that the Authority will suffer loss and damage on account of
withdrawal of its Bid or for any other default by the Bidder/Applicant during the Bid validity
period. No relaxation of any kind on Bid Security shall be given to any Bidder/Applicant.

The Bid Security shall be forfeited and appropriated by the Authority I 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 hereunder or
otherwise, under the following conditions:

a. If a Bidder/Applicant engages in a corrupt practice, fraudulent practice, coercive

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

b. If a Bidder/Applicant withdraws its Bid during the period of Bid validity as specified in
this RFP and as extended by the Bidder/Applicant from time to time;

c. In case the Selected Bidder/Applicant, having signed the Concession Agreement,

commits any breach thereof prior to furnishing the Performance Security.

d. In the case of Selected Bidder/Applicant, if it fails within the specified time limit –

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 i. To sign and return the duplicate copy of LoA as token of acknowledgement,

ii. to sign the concession Agreement and/or

iii. to furnish the Performance Security within the period prescribed thereof in the
LoA /Concession Agreement

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 3 EVALUATION OF BIDS

Confidentiality

The Authority shall ensure that the rules for the bidding proceedings for the Project are applied in
a non-discriminatory, transparent and objective manner. The Authority shall not provide to any
Bidder/Applicant information with regard to the Project or the bidding proceedings, which may
have the effect of restricting competition.

Information relating to the examination, clarification, evaluation, and recommendation for the
short-listed pre-qualified Bidder/Applicants shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional advisor advising the
Authority in relation to, or matters arising out of, or concerning the Bidding Process. The
Authority will treat all information, submitted as part of Proposal, 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 Authority.

Clarifications

To facilitate evaluation of Technical Proposals the Authority may, at its sole discretion, seek
clarifications from any Bidder/Applicant during the evaluation period. Such clarification(s) shall
be provided within the time specified by the Authority for this purpose. Any request for
clarification(s) and all clarification(s) shall be in writing. If a Bidder/Applicant does not provide
clarifications sought within the prescribed time, its Proposal shall be liable to be rejected. In case
the Proposal is not rejected, the Authority may proceed to evaluate the Proposal by construing the
particulars requiring clarification to the best of its understanding, and the Bidder/Applicant shall
be barred from subsequently questioning such interpretation of the Authority.

Bidder/Applicants are advised that the evaluation of Proposals will be entirely at the discretion of
the Authority. Bidder/Applicants will be deemed to have understood and agreed that no
explanation or justification on any aspect of the Bidding Process or selection will be given.

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

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

Opening and Evaluation of Bids

The Authority shall open the qualification documents on the Due Date as set out in key dates, at
the place specified in Clause 2.14.8 and in the presence of the Bidder/Applicants who choose to
attend. The Bidder/Applicants who participated and qualify in the key submission (qualification
documents), the detail shall be published on the e-procurement portal. The Online Financial Bids
of qualified (technically and financially qualified)Bidder/Applicants shall be opened at a date and
time, notified by the Authority, at the place specified in Clause 2.14.8 and in the presence of the
Bidder/Applicants who choose to attend.

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

To facilitate evaluation of Bids, the Authority may, at its sole discretion, seek clarifications in
writing from any Bidder/Applicant regarding its Bid.

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

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

To assist in the examination, evaluation and comparison of Bids, the Authority may utilize the
services of consultant(s) or advisor(s).

Tests of responsiveness, Evaluation for Qualification& Financial Bid- Part I

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

(a) it is received as per the format given in Appendix 1 to Appendix XIII;

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

(c) it is signed, sealed, bound together in hard cover and marked as stipulated in Clauses 2.14;

(d) it is accompanied by valid Bid Security;

(e) it is accompanied by the Power(s) of Attorney as specified in Clauses 2.1.10 and 2.1.11, as
the case may be;

(f) it contains all the information (complete in all respects) as requested in this RFP and/or
Bidding Documents (in formats same as those specified);
1
(g) it contains certificate from the Statutory Auditors in the formats specified at Appendix VII,
Appendix – VI and Appendix – X of this RFP for each Eligible Projects.

(h) it is accompanied by the Jt. Bidding Agreement (for Consortium), specific to the Project, as
stipulated in Appendix XII.

(i) it contains the details of the proposed plan for undertaking the Project (detailing out each of
the items set out in Appendix VIII;

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

(k) It is not non-responsive in terms hereof.

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 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.

If found responsive, the Technical Proposal would be evaluated for adequacy of the same vis-à-
vis requirements and conditions set out in the RFP.

Evaluation parameters

The Bidder/Applicant’s competence and capacity is proposed to be established by the following

parameters:

(a) Qualification Documents(Financial and Technical Qualification);

(b) Financial Bid

Financial Qualification

(A) The minimum Net Worth (the “Financial Capacity”) of Applicant shall be (25% of the
Estimated Project Cost) on 31st March 2018. In the case of a consortium, the combined minimum
2
60% of Net Worth (the “Financial Capacity”) of all consortium members shall be considered.

a) The consortium shall be as per clause 2.1.21(b) A;

b) The financial capacity of those consortium members shall be considered if they

comply with the clause no[2.1.21 (b) F (iv)];

c) In case of foreign entity (single or lead member of consortium having Indian

player(s) or just member of consortium led by Indian Player) the net worth
requirement shall be equivalent to the prevailing United States Dollar buying rate
on the date, 60 days prior to bid Due Date as disclosed on the website of Reserve
Bank of India.

AND

(B) The Minimum average Annual Turnover of the Applicant for the last three financial years
(2015-16, 2016-17 and 2017-18) shall not be less than (40% of the project cost). In the case of a
consortium, the combined minimum average Annual Turnover of all consortium members shall
be considered.

Bid must be accompanied by the Audited Financial Statements of the corresponding years (2015-
16,2016-17 and 2017-18) of the Bidder/Applicant or all the members of consortium in case of
the consortium.

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Technical Qualification

If an applicant is a consortium then at least one member of the consortium should fulfil the
below requirement.

Project Development Experience : The Applicant must have experience of at least one project in
the last 5 (Five) years preceding the Application Due Date demonstrating experience in
designing, engineering, procuring and commissioning any one of the following projects:

A. The bidder should have installed ,operated and maintained minimum one plant of C & D
waste Recycling / solid waste processing of a minimum capacity of (50% of the
capacity)TPD in last 5 years.

B. The bidder must have installed minimum one plant of C & D waste Recycling/solid
waste processing of a minimum capacity of (50% of the capacity)TPD in last 5 years.

C. The bidder must have experience of similar nature of work, like manufacturing of
Tiles, paver blocks, compost, RDF etc, (50% of the capacity) in last 5 years

General Compliances for Meeting Qualification

In compliance to clause 3.6 the Applicants shall enclose with its application, to be
submitted as per the format as per Appendix VI (a),VI (aa)and Appendix VI (b), the following:

a) The Bidder/Applicant has to attach Certificates signed by CA as per format

given in Appendix VI (a) ,VI(aa)and VI (b).

In compliance to clause 3.7 the Applicant has to submit the information in prescribed format
given in Appendix-VII. Enclose the following documents:

(a) Satisfactory performance certificate after one year of operation from the
competent authority ;
(b) For PPP projects the Applicant needs to submit the last payment receipt or
Balance Sheet of the SPV along with CA Certificate as detailed in the Appendix-
X.
Deleted.
Deleted.

An Applicant including any Consortium Member or Associate/Affiliate should, in the last 3

(three) years, have neither failed to perform on any contract, as evidenced by ongoing arbitration
or imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement
or arbitration award against the Applicant, Consortium Member or Associate/Affiliate, as the
case may be, nor has been expelled from any project or contract by any public entity nor
have had any contract terminated any public entity for breach by such Applicant, Consortium
Member or Associate/Affiliate .

Deleted
The following conditions shall be adhered to while submitting an Application:

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

B. Information supplied by an Applicant (or other constituent Member if the Applicant is a

Consortium) must apply to the Applicant, Member or Associate/Affiliate named in the
Application and not, unless specifically requested, to other Associate/Affiliated companies or
firms. Invitation to submit Bids will be issued only to Applicants whose identity and/ or
constitution is identical to that at pre-qualification;

C. in responding to the qualification submissions, Applicants should demonstrate their

capabilities in accordance with Clause 3.6 and Clause 3.7 above; and

Qualification is open to persons from any country. The Applicant shall promptly inform the
Authority of any change in the shareholding, as above, and failure to do so shall render the
Applicant liable for disqualification from the Bidding Process.

The Authority shall issue a Memorandum documenting the clarifications made in writing and/or
in a meeting, if any, and including an Annex listing all decisions and required amendments or
changes resulting from the clarification of the Technical Proposal. The Memorandum will have
the effect of amending the Bidding Documents, if the Bidder/Applicant is chosen as the Selected
Bidder/Applicant.

Financial Bid – Part III

The shortlisted Bidder/Applicants adjudged as responsive and technically qualified at the end of
the evaluation of Part I –shall be notified and informed of the date and time of opening of Part III
– Financial Offers.

Online Financial Proposal of qualified (technically and finically) Bidder/Applicants shall be

opened in the presence of the representatives of shortlisted Bidder/Applicants, who choose to
attend. The Financial Bid of the qualified Bidder/Applicants shall be read out and recorded.

Financial Proposal of all the qualified Bidder/Applicants would be evaluated on the basis of the
financial offer (the “Financial Bid Parameter”) as specified in Clause 3.11 and the accompanying
supporting information regarding assumptions underlying the Financial Quote as per the formats
in Appendix IX.

A detailed evaluation of Financial Offer – Part III would be done to ensure that the Financial Bid
Parameter quoted is free from computational errors. The Financial Offer having computational
error(s) will be deemed as non-responsive.

The Financial Proposals would then be ranked in ascending order, as the case may be order of the
validated Financial Bid Parameter, with the Bidder/Applicant quoting the Lowest Processing
Fee shall be ranked First as L1 and the Bidder/Applicant quoting the second lowest Financial
Bid Parameter shall be ranked Second as L2 and so on.

The Bidder/Applicant ranked First in accordance with the above procedure would be declared as
the Preferred and/or Selected Bidder/Applicant.

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 In the event that two or more Bidder/Applicants quote exactly the same lowest validated
Financial Bid for the project, then the Authority will select the Bidder/Applicant who has got
better technical experience amongst the Bidder/Applicants quoting the same lowest validated
Financial Bid and declare as the Preferred Bidder/Applicant.

In the event that the Lowest Bidder/Applicant withdraws or is not selected for any reason in the
first instance (the “first round of bidding”), the Authority may invite all the remaining
Bidder/Applicants to revalidate or extend their respective Bid Security, as necessary, and match
the Bid of the aforesaid lowest Bidder/Applicant (the “second round of bidding”). If in the
second round of bidding, only one Bidder/Applicant matches the lowest Bidder/Applicant, it
shall be the Selected Bidder/Applicant. If two or more Bidder/Applicants match the said lowest
Bidder/Applicant in the second round of bidding, then the process detailed in clause 3.9.7 above,
shall be followed.

In the event that no Bidder/Applicant offers to match the [lowest, as the case may be]
Bidder/Applicant in the second round of bidding as specified in Clause 3.9.8, the Authority may,
in its discretion, invite fresh Bids (the “third round of bidding”) from all Bidder/Applicants
except [lowest, as the case may be] Bidder/Applicant of the first round of bidding, or annul the
Bidding Process, as the case may be.

Bidding Criteria – Financial Bid Parameter

The technically qualified Bidder/Applicants short-listed as per the provisions of Clause 3.6 & 3.7
shall be considered for evaluation of their financial proposal. Here the Bidder/Applicant seeking
Lowest Processing Fee in INR per MT of C & D waste, under the Scope of work indicated in this
RFP document for the concession period. This shall be inclusive of all taxes. This shall be the
sole criterion for selection of Preferred Bidder/Applicant

Notification and Issue of Letter of Award

The Preferred/Selected Bidder/Applicant shall be notified in writing by the Authority as

evidenced by issue of Letter of Award (LOA) to the Preferred Bidder/Applicant. The successful
Bidder/Applicant shall confirm his acceptance of the LOA issued by the Authority within 7
(seven) days as evidenced by signing and sending a copy of the LOA issued. In the event the
duplicate copy of the LOA duly signed by the Selected Bidder/Applicant is not received by the
stipulated date, the Authority may, unless it consents to extension of time for submission thereof,
appropriate the Bid Security of such Bidder/Applicant on account of failure of the Selected
Bidder/Applicant to acknowledge the LOA, and the next Bidder/Applicant may be considered.

After the acknowledgement of the LOA as aforesaid by the Selected Bidder/Applicant, it shall
execute the Concession Agreement within the period prescribed or within such further time as
the Authority may agree to in its sole discretion. The Selected Bidder/Applicant shall not be
entitled to seek any deviation in the Concession Agreement

The Authority will notify other Bidder/Applicants that their Proposals have not been accepted
and their Bid Security will be returned as promptly as possible as set out in various provisions in
this RFP document.

Contacts during Bid Evaluation

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

FRAUD AND CORRUPT PRACTICES

The Bidder/Applicants and their respective officers, employees, agents and advisers shall observe
the highest standard of ethics during the Bidding Process and subsequent to the issue of the LOA
and during the subsistence of the Concession Agreement. Notwithstanding anything to the
contrary contained herein, or in the LOA or the Concession Agreement, the Authority or
Authority shall reject a Bid, withdraw the LOA, or terminate the Concession Agreement, as the
case may be, without being liable in any manner whatsoever to the Bidder/Applicant or
Concessionaire, as the case may be, if it determines that the Bidder/Applicant 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 or Authority shall forfeit and appropriate the Bid
Security or Performance Security, as the case may be, as mutually agreed genuine pre-estimated
compensation and damages payable to the Authority or Authority towards, inter alia, time, cost
and effort of the Authority, without prejudice to any other right or remedy that may be available
to the Authority or Authority hereunder or otherwise.

Without prejudice to the rights of the Authority and Authority under Clause 4.1 hereinabove and
the rights and remedies which the Authority may have under the LOA or the Concession
Agreement, if a Bidder/Applicant or Concessionaire, as the case may be, is found by the
Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during
the Bidding Process, or after the issue of the LOA or the execution of the Concession Agreement,
such Bidder/Applicant 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/Applicant or
Concessionaire, as the case may be, is found by the Authority and 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.

For the purposes of this Clause 4, the following terms shall have the meaning hereinafter
respectively assigned to them:

(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the actions of any person connected with the
Bidding Process (for avoidance of doubt, offering of employment to or employing or
engaging in any manner whatsoever, directly or indirectly, any official of the Authority
who is or has been Associate/Affiliated in any manner, directly or indirectly with the
Bidding Process or the LOA or has dealt with matters concerning the Concession
Agreement or arising there from, before or after the execution thereof, at any time prior
to the expiry of one year from the date such official resigns or retires from or otherwise
ceases to be in the service of the Authority or Authority , 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
LOA or after the execution of the Concession Agreement, as the case may be, any person

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 in respect of any matter relating to the Project or the LOA or the Concession Agreement,
who at any time has been or is a legal, financial or technical adviser of the Authority and
Authority in relation to any matter concerning the Project;

(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression of

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

(c) “coercive practice” means impairing or harming, or threatening to impair or harm,

directly or indirectly, any person or property to influence any person’s participation or
action in the Bidding Process;

(d) “undesirable practice” means (i) establishing contact with any person connected with or
employed or engaged by the Authority and Authority with the objective of canvassing,
lobbying or in any manner influencing or attempting to influence the Bidding Process; or
(ii) having a Conflict of Interest; and

(e) “Restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Bidder/Applicants with the objective of restricting or manipulating a
full and fair competition in the Bidding Process.

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 4 PRE-BID CONFERENCE

Pre-Bid conference of the Bidder/Applicants shall be convened at the designated date, time and
place. A maximum of three representatives of each Bidder/Applicant shall be allowed to
participate on production of authority letter from the Bidder/Applicant.

During the course of Pre-Bid conferences, the Bidder/Applicants 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 as it may, in its sole discretion,
consider appropriate for facilitating a fair, transparent and competitive Bidding Process.

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 5 MISCELLANEOUS

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

The Authority, in its sole discretion and without incurring any obligation or liability, reserves the
right, at any time, to;

(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement the
Bidding Process or modify the dates or other terms and conditions relating thereto;

(b) consult with any Bidder/Applicant in order to receive clarification or further information;

(c) retain any information and/ or evidence submitted to the Authority by, on behalf of, and/
or in relation to any Bidder/Applicant; and/ or

(d) Independently verify, disqualify, reject and/ or accept any and all submissions or other
information and/ or evidence submitted by or on behalf of any Bidder/Applicant.

It shall be deemed that by submitting the Bid, the Bidder/Applicant agrees and releases the
Authority, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from
any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related
to or arising from the exercise of any rights and/ or performance of any obligations hereunder,
pursuant hereto and/ or in connection herewith and waives any and all rights and/ or claims it
may have in this respect, whether actual or contingent, whether present or future.

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APPLICATION FORMATS

Page 45 of 73
 APPENDIX – I

LETTER COMPRISING THE BID

[On Letterhead of the Bidder/Applicant, or Lead Member in case of Consortium of Firms]

To
The Commissioner,
Municipal Corporation Bhopal

Dear Sir,

Sub: RFP Reference No. dated for Integrated Solid Waste Management
(ISETTING-UP OF 100 TPD CAPACITY PROCESSING AND RECYCLING FACILITY FOR
CONSTRUCTION AND DEMOLITION WASTE IN BHOPAL THROUGH PPP MODE )

With reference to your RFP document dated*****, I/we, have examined the Bidding Documents and
understood their contents, hereby submit my/our Bid for the aforesaid Project.

1. The Bid is unconditional and unqualified.

2. All information provided in the Bid and in the Appendices is true and correct. All documents
accompanying the bid are true copies of their respective originals.

3. This statement is made for the express purpose of qualifying as a Bidder/Applicant for the
development, construction, operation and maintenance of the aforesaid Project as explained in this
RFP document.

4. I/We shall make available to the Authority any additional information it may find necessary or
require to supplement or authenticate the Bid.

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

6. We certify that in the last three years, we/ any of the Consortium Members have neither failed to
perform on any contract, as evidenced by imposition of a penalty or a judicial pronouncement or
arbitration award, nor been expelled from any project or contract nor have had any contract
terminated for breach on our part.

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.

b. I/ We do not have any conflict of interest in accordance with Clauses 2.1.15 and 2.1.21 of the
RFP document.

c. I/ We have not directly or indirectly or through an agent engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as
defined in Clause 4 of the RFP document, in respect of any tender or request for proposal
issued by or any agreement entered into with the Authority or any other public sector
enterprise or any government, Centre or State; and
d. I/ We here by certify that we have taken steps to ensure that in conformity with the
provisions of Clause 4 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
Page 46 of 73
 practice or restrictive practice.

8. I/ We understand that you may cancel the Bidding Process at any time and that your are neither
bound to accept any Bid that you may receive nor to invite the Bidder/Applicants to Bid for the
Project, without incurring any liability to Bidder/Applicants, in accordance with Clause 2.8 of the
RFP document.

9. I/ We believe that we/ our consortium/ proposed consortium satisfy(ies) the Net Worth criteria and
meet(s) the requirements as specified in the RFP document and are/ is qualified to submit a Bid.

10. I/ We declare that we/ any Member of the Consortium are/ is not a Member of a/ any other
Consortium submitting a Bid for the Project.

11. I/ We certify that in regard to matters other than security and integrity of the country, we have not
been convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority
which could cast a doubt on our ability to undertake the Project or which relates to a grave offence
that outrages the moral sense of the community.

12. I/ We further certify that in regard to matters relating to security and integrity of the country, we have
not been charge-sheeted by any agency of the Government or convicted by a Court of Law for any
offence committed by us or by any of our Associate/Affiliates.

13. I/ We further certify that no investigation by a regulatory authority is pending either against us or
against our Associate/Affiliates or against our CEO or any of our Directors/ Managers/ employees.

14. I/ We undertake that in case due to any change in facts or circumstances during the Bidding Process,
we are attracted by the provisions of disqualification in terms of the guidelines referred to above, we
shall intimate the Authority of the same immediately.

15. The Parties agree that the proportion of shareholding among the Parties in the SPV shall be as
follows:

i. The Lead Member of the Consortium shall hold not less than 26% (twenty six percent)
of the Equity in SPV during the implementation period.

ii. The other members of the Consortium, whose technical and financial capacity was
evaluated for the purposes of qualification and short-listing in response to the Request
for Proposal, shall hold not less than 11% (eleven percent) of Equity in SPV during the
implementation period.

16. The Parties undertake that they shall collectively hold at least-

a. 51% (fifty one per cent) of its paid up Equity Capital during the implementation period ;

b. 33% (Thirty three percent)of its paid up Equity capital during remaining agreement
period of its paid up Equity Capital

17. [We acknowledge that our Consortium/ proposed Consortium was pre-qualified and short-listed on
the basis of Technical Capacity and Financial Capacity of its Members

18. [I/We acknowledge and agree that in the event of a change in control of an Associate/Affiliate whose
Technical Capacity and/ or Financial Capacity was taken into consideration for the purposes of short-
listing and pre-qualification under and in accordance with the RFQ, I/We shall inform the Authority
forthwith along with all relevant particulars and the Authority may, in its sole discretion, disqualify
our Consortium or withdraw the Letter of Award, as the case may be. I/We further acknowledge and

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 agree that in the event such change in control occurs after signing of the Concession Agreement but
prior to Financial Close of the Project, it would, notwithstanding anything to the contrary contained
in the Agreement, be deemed a breach thereof, and the Concession Agreement shall be liable to be
terminated without the Authority being liable to us in any manner whatsoever.]

16. I/ We understand that the Selected Bidder/Applicant shall incorporate itself as such prior to execution
of the Concession Agreement.

19. I/We hereby irrevocably waive any right which we may have at any stage at law or howsoever
otherwise arising to challenge or question any decision taken by the Authority in connection with the
selection of the Bidder/Applicant, or in connection with the Bidding Process itself, in respect of the
above mentioned Project and the terms and implementation thereof.

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

21. I/We have studied all the Bidding Documents carefully and also surveyed the project area. 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 Concession.

22. The Financial Bid has been quoted by me/us after taking into consideration all the terms and
conditions stated in the RFP and draft Concession Agreement, our own estimates of costs and C&D
waste generation and its characteristics and after a careful assessment of the site and all the
conditions that may affect the Bid.

23. I/We offer a Bid Security of Rs……………..(Rupees only) to the

Authority in accordance with Section 1.3.5 of this RFP document.

24. The Bid Security in the form of a Demand Draft (dd number; date: Bank Name: ) /or Fixed
Deposit Receipt (FDR)/ or Bank Guarantee (BG)(strike out whichever is not applicable) is attached.

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

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

27. I/We agree and undertake to abide by all the terms and conditions of the RFP document. In witness
thereof, I/we submit this Bid under and in accordance with the terms of the RFP document.

28. [ I/we have received all the clarifications issued by the authority]

29. I/we will abide by the terms and condition set forth in the draft Concession agreement and a copy of
the same bearing initial of the undersign on every page is attached herewith.

30. Notwithstanding any qualification or conditions, whether implied or otherwise, contained in our
Proposal we hereby represent and confirm that our Proposal is unqualified and unconditional in all
respects.

Yours faithfully,

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Date: (Signature of the Authorized signatory)

Place: (Name and designation of the of the Authorized signatory)

Name and seal of Bidder/Applicant/Lead Firm

All the pages of Appendix: 1 (Application for Pre-qualification) should be submitted in

original.

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 APPENDIX – II
Details of Applicant

1. (a) Name:

(b) Country of incorporation:

(c) Address of the corporate headquarters and its branch office(s), if any, in India:

(d) Date of incorporation and/ or commencement of business:

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

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

(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 Applicant:

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

5. In case of a Consortium:
(a) The information above (1-4) should be provided for all the Members of the Consortium.

(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.1.21(b) should be attached to the
Application.

(c) Information regarding the role of each Member should be provided as per table below:

Role*
Sl.No. Name of Member Percentage of equity in the Consortium

3.

*The role of each Member, as may be determined by the Applicant, should be indicated

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 (d) The following information shall also be provided for each Member of the Consortium:

Name of Applicant/ member of Consortium:

No. Criteria Yes No

Has the Applicant/ constituent of the Consortium been

barred by the [Central/ State] Government, or any
1.
entity controlled by it, from participating in any project
(BOT or otherwise)?

If the answer to 1 is yes, does the bar subsist as on

2.
the date of Application?

Has the Applicant/ constituent of the Consortium paid

liquidated damages of more than 5% (five per cent) of
3. the contract value in a contract due to delay or has
been penalised due to any other reason in relation to
execution of a contract, in the last three years?

A statement by the Applicant and each of the Members of its Consortium (where applicable) or any of
their Associate/Affiliates disclosing material non-performance or contractual non-compliance in past
projects, contractual disputes and litigation/ arbitration in the recent past is given below (Attach extra
sheets, if necessary):

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 APPENDIX – III

POWER OF ATTORNEY FOR SIGNING OF BID

Know all men by these presents, We, (name of the firm and address of the
registered office) do hereby irrevocably constitute, nominate, appoint and authorise Mr. / Ms (Name),
son/daughter/wife of and presently residing at
, who is [presently employed with
us/ the Lead Member of our Consortium and holding the position of ], as our true and lawful
attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts,
deeds and things as are necessary or required in connection with or incidental to submission of our bid
for the SETTING-UP OF 100 TPD CAPACITY PROCESSING AND RECYCLING FACILITY FOR
CONSTRUCTION AND DEMOLITION WASTE IN BHOPAL CITY THROUGH PPP MODE
– Project proposed or being developed by the Nagar Palik Nigam Bhopal (the “Authority”) including but
not limited to signing and submission of all applications, bids and other documents and writings,
participate in Bidder/Applicants' and other conferences and providing information / responses to the
Authority, representing us in all matters before the Authority, signing and execution of all contracts
including the Concession Agreement and undertakings consequent to acceptance of our bid, and generally
dealing with the Authority all matters in connection with or relating to or arising out of our bid for the
said Project and/or upon award thereof to us and/or till the entering into of the Concession Agreement
with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things
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 ,
2019.

For

(Signature)
(Name, Title and Address)
Witnesses:

1.

2.
Accepted

[Notarized]

(Signature)

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(Name, Title and Address of the Attorney)

Notes:

The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
 Also, wherever required, the Bidder/Applicant should submit for verification the extract
of the charter documents and documents such as a resolution/power of attorney in favour
of the person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder/Applicant.
 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.

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 APPENDIX – IV

POWER OF ATTORNEY FOR LEAD MEMBER OF CONSORTIUM

Whereas the Commissioner Bhopal municipal Corporation (“the Authority”) has invited bids from
eligible Bidder/Applicants SETTING-UP OF 100 TPD CAPACITY PROCESSING AND
RECYCLING FACILITY FOR CONSTRUCTION AND DEMOLITION WASTE IN
BHOPAL CITY THROUGH PPP MODE
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
, [the respective names and addresses of the registered office] (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 authorize the Attorney (with power to sub-delegate)
to conduct all business for and on behalf of the Consortium and any one of us during the bidding process
and, in the event the Consortium is awarded the Concession/ Contract, during the execution of the
Project, and in this regard, to do on our behalf and on behalf of the Consortium, all or any of such acts,
deeds or things as are necessary or required or incidental to the submission of its bid for the Project,
including but not limited to signing and submission of all applications, bids and other documents and
writings, participate in Bidder/Applicants‟ 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 the Concession Agreement is entered into
with the Authority. AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts,
deeds and things lawfully done or caused to be done by our said Attorney pursuant to and in exercise of
the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said
Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done
by us/ Consortium.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS DAY OF 2019.

For

Page 54 of 73
(Name & Title)

For

Page 55 of 73
 (Name & Title)

For

(Name & Title)

Witnesses:

1.

2.

(Executants)
(To be executed by all the Members of the Consortium)

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 executants (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 Applicant should submit for verification the extract of the charter
documents and documents such as a resolution/ power of attorney in favour of the person
executing this Power of Attorney for the delegation of power hereunder on behalf of the
Applicant.

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.

Page 56 of 73
 APPENDIX – V

FORMAT FOR ANTI-COLLUSION CERTIFICATE

We hereby certify and confirm that in the preparation and submission of our Proposal for the properties
listed below, we have not acted in concert or in collusion with any other Bidder/Applicant or other
person(s) and also not done any act, deed or thing which is or could be regarded as anti- competitive.

We further confirm that we have not offered nor will offer any illegal gratification in cash or kind to
any person or agency in connection with the instant Proposal.

Dated this …………………….. Day of ........................ , 200_

……………………..
(Name of the Bidder/Applicant1)

. …………………………………
(Signature of the Authorized Person)

………………………………..

(Name of the Authorized Person)

Note:
1. On the Letterhead of the Bidder/Applicant

2. To be executed by all members in case of Consortium

Page 57 of 73
 APPENDIX – VI (a)
Financial Capacity of the Applicant

Name & address of Applicant’s Bankers:

An Applicant consisting of a single entity should fill in details as per the row titled Single entity
Applicant and ignore the rows titled Consortium Members. In case of a Consortium, row titled
Single entity Applicant may be ignored.

For conversion of other currencies into rupees, it shall be equivalent to the prevailing Unites States
Dollar buying rate on the date, 60 days prior to bid due date as disclosed on the website of Reserve
Bank of India.
(In Rs. crore)
Applicant Member Net Worth (Unconsolidated) as on 31st March 2018
$
type Name (3)
(1) (2)
Single entity
Applicant

Consortium
Member 1
Consortium
Member 2

Consortium
Member 3

TOTAL

Seal of the Statutory Auditor

Name :
Signature of the Statutory Auditor and date
Date:
Instructions:

1. The Applicant/ its constituent Consortium Members shall attach copies of the unconsolidated
balance sheets, financial statements and Annual Reports for 3 (three) years preceding the
Application Due Date. The financial statements shall:

(a) reflect the financial situation of the Applicant or Consortium Members and its/ their
Associate/Affiliates where the Applicant is relying on its Associate/Affiliate’s financials;

(b) be audited by a statutory auditor;

(c) be complete, including all notes to the financial statements; and

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 (d) Correspond to accounting periods already completed and audited (no statements for partial
periods shall be requested or accepted).

2. Net Profit shall mean Profit After Tax.

3. Net Worth shall mean (Subscribed and Paid-up Equity + Reserves) less (Revaluation reserves +
miscellaneous expenditure not written off + reserves not available for distribution to equity
shareholders).

4. In the case of a Consortium, a copy of the Jt. Bidding Agreement shall be submitted in
accordance with this RFP document.

5. The applicant shall also provide the name and address of the Bankers to the Applicant.

Page 59 of 73
 APPENDIX – VI (aa)
Certificate from Statutory Auditor for Net Worth and Turnover of Bidder
This is to certify that the Net worth of the Bidder for the last financial year is as per the form set below:

Net worth in Rs. Crores as on 31.03.2018

Particulars
Amount in Rs
(Cr)
Subscribed and paid up capital
Add

Reserves & Surplus (net of accumulated

Add
losses)

Less Revaluation Reserves

Miscellaneous Expenditure not written

Less off

Reserve not available for distribution to

Less share holder

Total Net worth

Seal of the Statutory Auditor

Name :

Signature of the Statutory Auditor and date

Page 60 of 73
 APPENDIX –VI (b)
Financial Capacity of the Applicant

S.No. Financial Year Annual Turnover (Rs. crore)

1 Financial Year 2015-16
2 Financial Year 2016-17
3 Financial Year2017-18

Note: The audited Financial Statements for the corresponding year has to be attached.

Seal of the Statutory Auditor

Name :

Signature of the Statutory Auditor and date

Date:

Page 61 of 73
 APPENDIX – VII
Technical Qualifications Experience

[The following table shall be filled in for the Applicant and for each member of the Consortium]

Applicant/ Legal Name: [insert full name]

Date: [Insert day, month, year]

Consortium Members Legal Name: [insert full name]

Tender no and Title: [Insert Tender number]

Page [Insert Page Number] of [Insert total number of pages]

[Identify contracts that demonstrate coetaneous infrastructure projects experience over the past 10 (Ten)
years pursuant to section III, Qualification criteria and Requirements. List contracts chronologically,
according to their commencement (starting date)]

Starting Ending Contract Identification Role of Certificate from

Month/Year Applicant the client
Month/Year provided

[Indicate [Indicate Month/ Project Name: Yes/No

month/ Year]
year] Brief description of the a.Copy of
project performed by the agreement/if
applicant: [describe works international
performed briefly] then apostle;
b.Copy of LoI/
Total Investment(if PPP) Work Order
/Cost (if EPC) in/of the c.Copy of
project completion
Equity contribution by certificate;
developer if executed through [Issued by
PPP Competent
Authority]
Name of the contracting
agency:

[Full Name]

[complete Address]

[Telephone number]

[Indicate [Indicate Month/ Project Name: Yes/No

month/ Year]
year] Brief description of the d. Copy of
project performed by the agreement/if

Page 62 of 73
 applicant: [describe works international
performed briefly] then apostle;
e. Copy of LoI/
Total Investment(if PPP) Work Order
/Cost (if EPC) in/of the f. Copy of
project completion
certificate;
Equity contribution by [Issued by
developer if executed through Competent
PPP Authority]
Name of the contracting
agency:

[Full Name]

[complete Address]

[Telephone number]

O&M Experience – criteria for evaluation and the documents for verification may need to be included as
a separate table by attaching a certificate issued by the competent authority.

Page 63 of 73
 APPENDIX - IX

FORMATS FOR FINANCIAL OFFER

To be submitted online only
(To be submitted separately on the Letter Head of the Lead Member/single entity)

Date:
The
Commissioner
Bhopal Municipal Corporation

Dear Sir,
Sub: RFP Reference No. dated for SETTING-UP OF 100 TPD CAPACITY PROCESSING
AND RECYCLING FACILITY FOR CONSTRUCTION AND DEMOLITION WASTE IN
BHOPAL CITY THROUGH PPP MODE

Having gone through this RFP document and the draft concession agreement and having fully understood the
Scope of Work for the Project as set out by the Authority in the RFP document.
2. I/We are pleased to inform that I/We would demand the Processing Fee in INR---------
(Inwords-----) per MT of C & D waste, for carrying out the project as envisages under the
Scope of work indicated in this RFP document for the concession period. This shall be
inclusive of all taxes “We confirm that in case of discrepancy in Figures and Words for the Amount
Quoted the lowest of the amount quoted in figure or words shall be considered. We confirm that the
Financial Proposal conforms to all the terms & conditions stipulated in the Request for Proposal
(RFP) Document.

3. We confirm that our Financial Proposal is FINAL in all respects and contain No conditions.

6. We confirm that, the information submitted in our Financial Proposal is complete and is correct to the
best of our knowledge and understanding. We would be solely responsible for any errors or
omissions in our Proposal.

7. We confirm that we have studied the provisions of relevant Indian laws and regulations required to
enable us to prepare this Financial Proposal and as required to Design, Build, Finance, Operate,
Maintain and Transfer the Project, in the event that we are finally selected.

Yours Faithfully,

For an on behalf of (name of Bidder/Applicant)

Duly signed by the Authorized signatory of the Bidder/Applicant

Page 64 of 73
 APPENDIX – X (A)
Certificate from the Statutory Auditor regarding PPP projects
[Not required in case the Technical Capacity & O&M experience is not PPP project]

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

We further certify that the total estimated capital cost of the project is Rs. ................ cr. (Rupees
…………………crore), of which Rs. ……… cr. (Rupees ...................... crore) of capital expenditure was
incurred during the past five financial years as per year-wise details noted below:

………………………

………………………

We also certify that the eligible annual revenues collected and appropriated by the aforesaid
project company in terms of Clause 3.7 of the RFP during the past 10 financial years were Rs. ............. cr.
as per year-wise details noted below:

………………………

………………………

Name of the audit firm:

Seal of the audit firm: (Signature, name and designation

Date: of the authorised signatory)

Page 65 of 73
If the Bidder is claiming experience for EPC Project, it should provide a certificate from its
statutory auditors or the client in the format given below:
APPENDIX – X (B)
Certificate from the Statutory Auditor/ Client regarding development /construction worksΦ

Based on the books of accounts and other published information authenticated by it, This is to
certify that …………………….. (name of the Bidder/Member/Associate) was engaged by
……………….. (title of the project company) to execute ……………… (name of project) for
…………………. (nature of project)}. The construction of the project commenced on
………….. (date) and the project was/ is likely to be commissioned on …………… (date, if
any). It is certified that ...................... (name of the Bidder/ Member/ Associate) received/paid Rs.
……….. cr. (Rupees …………………………… crore) by way of payment for the aforesaid
construction works.

We further certify that the total estimated capital cost of the project is Rs. ........... cr. (Rupees
…………………crore), of which the Bidder/Member/Associate received/paid Rs. ............... cr.
(Rupees ……………………… crore), in terms of Clauses 3.7 of the RFQ, during the past
5financial years as per year-wise details noted below:
………………………
………………………
{It is further certified that the payments/ receipts indicated above are restricted to the share of the
Bidder who undertook these works as a partner or a member of joint venture/ consortium.}

Name of the audit firm:

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

Date:

Φ
Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary.
Statutory auditor means the entity that audits and certifies the annual accounts of the company.
 This certification should only be provided in case of jobs/ contracts, which are executed as part of a
partnership/ joint venture/ consortium. The payments indicated in the certificate should be restricted to
the share of Bidder in such partnership/ joint venture/ consortium. This portion may be omitted if the
contract did not involve a partnership/ joint venture/ consortium. In case where work is not executed
by partnership/ joint venture/ consortium, this paragraph may be deleted.

Page 66 of 73
APPENDIX – XI
Statement of LegalCapacity

(To be forwarded on the letterhead of the Applicant/ Lead Member of Consortium)

Ref. Date:

To,

Commissioner
Bhopal Municipal
Corporation,

Dear Sir,

We hereby confirm that we/ our members in the Consortium (constitution of which has been described in
the application) satisfy the terms and conditions laid out in the RFP document.

We have agreed that …………………… (insert member’s name) will act as the Lead Member of our
consortium.*

We have agreed that................................ (insert individual’s name) will act as our representative/ will act
as the representative of the consortium on its behalf* and has been duly authorized to submit the RFP.
Further, the authorised signatory is vested with requisite powers to furnish such letter and authenticate the
same.

Thanking you,

Your faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

* Please strike out whichever is not applicable.

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 APPEND

XII
Joint Bidding Agreement

(To be executed on Stamp paper of appropriate value)

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

AMONGST

1. {… .............Limited, a company incorporated under the Companies Act1956/,2013} and having

its registered office at ………… (hereinafter referred to as the “First Part” which expression
shall, unless repugnant to the context include its successors and permitted assigns)

AND

2. {… ............ Limited, a company incorporated under the Companies Act, 1956/2013} and having
its registered office at ................. (hereinafter referred to as the “Second Part” which expression
shall, unless repugnant to the context include its successors and permitted assigns)

AND

3. {… ............ Limited, a company incorporated under the Companies Act, 1956/2013 and having its
registered office at.................. (hereinafter referred to as the “Third Part” which expression shall,
unless repugnant to the context include its successors and permitted assigns)}

The above mentioned parties of the FIRST, SECOND and THIRD PART are collectively
referred to as the “Parties” and each is individually referred to as a “Party”

WHEREAS

(A) Bhopal Municipal Corporation, established under the Madhya Pradesh Municipal Corporation
Act 1956/Municipalities Act 1961 represented by its Commissioner having its principal office at
Bhopal, Madhya Pradesh] (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 applications (the Applications”) by its Request for Proposal

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 No. ………… dated ................ (the “RfP”) (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:

1. Definitions and Interpretations

In this Agreement, the capitalized 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 Associate/Affiliates.

3. Covenants

The Parties hereby undertake that in the event the Consortium is declared the selected
Bidder/Applicant and awarded the Project, it shall incorporate a special purpose vehicle (the
“SPV”) under the Indian Companies Act, 1956/2013 for entering into a Concession Agreement
with the Authority and for performing all its obligations as the Concessionaire in terms of the
Concession Agreement for the Project.

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;}

(c) Party of the Third Part shall be the Financial Member of the Consortium; and}

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5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all obligations and
liabilities relating to the Project and in accordance with the terms of the RFP and the Concession
Agreement.

6. Shareholding in the SPV

The Parties agree that the proportion of shareholding among the Parties in the SPV shall be as
follows:

First Party:
Second Party:
{Third Party:}
i. The Lead Member of the Consortium shall hold not less than 26% (twenty six percent)
of the Equity in SPV during the implementation period.

ii. The other members of the Consortium, whose technical and financial capacity was
evaluated for the purposes of qualification and short-listing in response to the Request
for Proposal, shall hold not less than 11% (eleven percent) of Equity in SPV during the
implementation period.

The Parties undertake that they shall collectively hold at least-

c. 51% (fifty one per cent) of its paid up Equity Capital during the implementation period ;

d. 33% (Thirty three percent)of its paid up Equity capital during remaining period of
agreement

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 organized, validly existing and in good standing under the laws of its
incorporation and has all requisite power and authority to enter into this Agreement;

(b) The execution, delivery and performance by such Party of this Agreement has been
authorized 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;

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 (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
organizational documents thereof;

(iv) violate any clearance, permit, concession, grant, license or other governmental
authorization, 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.

8. Termination
This Agreement shall be effective from the date hereof and shall continue in full force and effect
until the Financial Close of the Project is achieved under and in accordance with the Concession
Agreement, in case the Project is awarded to the Consortium. However, in case the Consortium
is either not pre-qualified for the Project or does not get selected for award of the Project, the
Agreement will stand terminated in case the Applicant is not pre-qualified or upon return of the
Bid Security by the Authority to the Bidder/Applicant, as the case may be.

9. Miscellaneous

This Joint Bidding Agreement shall be governed by laws of India.

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.

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SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of For and on behalf of

LEAD MEMBER by: SECOND PART by:

(Signature) (Signature)

(Name) (Name)

(Designation) (Designation)

(Address) (Address)

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of For and on behalf of

THIRD PART by: FOURTH 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 executants
(s) and when it is so required, the same should be under common seal affixed in accordance with
the required procedure.

2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents and
documents such as resolution / power of attorney in favour of the person executing this
Agreement for the delegation of power and authority to execute this Agreement on behalf of the
Consortium Member.

3. For a Joint Bidding Agreement executed and issued overseas, the document shall be legalised by
the Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been
executed.

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 APPENDIX – XIII
Bank Guarantee for Bid Security

B.G. No. Dated:

1 In consideration of you, Bhopal Municipal Corporation, having its office at Bhopal,
(hereinafter referred to as “Authority”, which expression shall unless it be repugnant to the
subject or context thereof include its, successors and assigns) having agreed to receive the Bid of
[a Company registered under provision of the Companies Act, 1956/2013] and
having its registered office at [and acting on behalf of its Consortium] (hereinafter
referred to as the “Bidder/Applicant” which expression shall unless it be repugnant to the subject
or context thereof include its/their executors administrators, successors and assigns), for the
.......... Project for Bhopal Municipal Corporation (hereinafter referred to as “the Project”)
pursuant to the RFP Document dated ***** issued in respect of the Project and other related
documents (hereinafter collectively referred to as “Bidding Documents”), we [Name of the
Bank] having our registered office at
and one of its branches at (hereinafter referred to as the
“Bank”), at the request of the Bidder/Applicant, do hereby in terms of Clause 1.3.5 read with
Clause 2.23 of the RFP Document, irrevocably, unconditionally and without reservation
guarantee the due and faithful fulfilment and compliance of the terms and conditions of the
Bidding Documents (including the RFP Document) by the said Bidder/Applicant and
unconditionally and irrevocably undertake to pay forthwith to Authority an amount of
Rs (Rupees ) as bid security (hereinafter referred to as the “Bid Security”) as
our primary obligation without any demur, reservation, recourse, contest or protest and without
reference to the Bidder/Applicant if the Bidder/Applicant shall fail to fulfill or comply with all or
any of the terms and conditions contained in the said Bidding Documents.

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

3 We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable
under this Guarantee without any demur, reservation, recourse, contest or protest and without any
reference to the Bidder/Applicant or any other person and irrespective of whether the claim of
Authorityis disputed by the Bidder/Applicant or not merely on the first demand from
Authoritystating that the amount claimed is due to Authorityby reason of failure of the
Bidder/Applicant to fulfil and comply with the terms and conditions contained in the Bidding
Documents including failure of the said Bidder/Applicant to keep its Bid open during the Bid
validity period as set forth in the said Bidding Documents for any reason whatsoever. Any such
demand made on the Bank shall be conclusive as regards amount due and payable by the Bank
under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount
not exceeding Rs. (Rupees only).

4 This Guarantee shall be irrevocable and remain in full force for a period of 6 (six)
months from the Bid Due Date inclusive of a claim period of 60 (sixty) days or for such extended
period as may be mutually agreed between Authorityand the Bidder/Applicant, and agreed to by
the Bank, and shall continue to be enforceable till all amounts under this Guarantee have been
paid.
5 We, the Bank, further agree that Authorityshall be the sole judge to decide as to whether
the Bidder/Applicant is in default of due and faithful fulfillment and compliance with the
terms and conditions contained in the Bidding Documents including, inter alia, the failure of the
Bidder/Applicant to keep its Bid open during the Bid validity period set forth in the said Bidding
Documents, and the decision of Authority that the Bidder/Applicant is in default as aforesaid
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 shall be final and binding on us, notwithstanding any differences between Authorityand the
Bidder/Applicant or any dispute pending before any Court, Tribunal, Arbitrator or any other
Authority.

6 The Guarantee shall not be affected by any change in the constitution or winding up of
the Bidder/Applicant or the Bank or any absorption, merger or amalgamation of the
Bidder/Applicant or the Bank with any other person.

7 In order to give full effect to this Guarantee, Authority shall be entitled to treat the Bank
as the principal debtor. Authority shall have the fullest liberty without affecting in any way the
liability of the Bank under this Guarantee from time to time to vary any of the terms and
conditions contained in the said Bidding Documents or to extend time for submission of the Bids
or the Bid validity period or the period for conveying acceptance of Letter of Award by the
Bidder/Applicant or the period for fulfillment and compliance with all or any of the terms and
conditions contained in the said Bidding Documents by the said Bidder/Applicant or to postpone
for any time and from time to time any of the powers exercisable by it against the said
Bidder/Applicant and either to enforce or forbear from enforcing any of the terms and conditions
contained in the said Bidding Documents or the securities available to Authority, and the Bank
shall not be released from its liability under these presents by any exercise by Authority of the
liberty with reference to the matters aforesaid or by reason of time being given to the said
Bidder/Applicant or any other forbearance, act or omission on the part of Authorityor any
indulgence by Authority to the said Bidder/Applicant or by any change in the constitution of
Authority or its absorption, merger or amalgamation with any other person or any other matter or
thing whatsoever which under the law relating to sureties would but for this provision have the
effect of releasing the Bank from its such liability.

8 Any notice by way of request, demand or otherwise hereunder shall be sufficiently given
or made if addressed to the Bank and sent by courier or by registered mail to the Bank at the
address set forth herein.

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

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

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

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

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

Signed and Delivered by Bank

By the hand of Mr./Ms , its and authorized official

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(Signature of the Authorized Signatory)
(Official Seal)

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