Sei sulla pagina 1di 120

REQUEST FOR PROPOSAL

Development of 6.84 sq. km Start up Area of Amaravati Capital


City on Public Private Partnership (PPP) mode through Swiss
Challenge Approach under the Andhra Pradesh Infrastructure
Development Enabling Act (APIDEA), 2001

18th July 2016


The Commissioner,
Andhra Pradesh Capital Region Development Authority
(APCRDA)
Governorpet, Lenin Center, Vijayawada

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

ADVERTISEMENT

APCRDA

Page 2 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

INVITATION FOR BIDDERS

Development of 6.84 sq. km. Start-up Area of Amaravati Capital city through Swiss
Challenge Approach under the APIDE Act, 2001

NIT No: 25/CRDA-14024(34)/46/2016

Date: 17-Jul-2016

Background

The Government of Andhra Pradesh (the Government) is in the process of establishing


`Amaravati', a greenfield world class Capital city for the newly bifurcated State of
Andhra Pradesh.

The Government of Andhra Pradesh received a Suo-Motu proposal from Singapore


consortium consisting of Ascendas-Singbridge Pte. Ltd. and Sembcorp Development
Ltd., referred to in this document as the Original Project Proponent (OPP) for the
Development of Start-up Area of 6.84 Sq Km in Seed Capital Area of Amaravati as Master
Developer (the Master Developer) on Public Private Partnership (PPP) through Swiss
Challenge Approach under the Andhra Pradesh Infrastructure Development Enabling
Act (APIDEA), 2001 (the Project).

The Government of Andhra Pradesh vide GO MS No. 170, MA&UD(CRDA-2)


Department dated 04-07-2016 approved the Swiss Challenge Proposal (OPP Proposal)
including draft Concession and Development Agreement, Shareholders Agreement and
addenda and sealed cover of commercial bid submitted by the OPP. APCRDA is
authorized to invite counter proposals under the APIDE Act, 2001. The APCRDA is
conducting the bidding process through Swiss Challenge Approach under the Andhra
Pradesh Infrastructure Development Enabling Act (APIDEA), 2001 for the selection of
the firm/ consortium for the project.

The firm/ consortium selected through the bidding process outlined in this RFP (the
Selected firm/ consortium) will enter into a Shareholders Agreement (the SHA) with
CCDMC as per the form proposed by the Original Project Proponent including the
approved addenda and provided by the Authority as part of the Tender Documents
pursuant hereto (Part-3 of this RFP document) to form Amaravati Development Partner
(ADP) (the Amaravati Development Partner or ADP), which will be a Special
Purpose Vehicle incorporated (with its registered office in Vijayawada, India) under the

APCRDA

Page 3 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Companies Act 2013, to undertake the development of the Start-Up Area. The
Government of Andhra Pradesh (through APCRDA) would then enter into a Concession
and Development Agreement (the Concession and Development Agreement or the
CADA) with ADP (the Concessionaire) as per the form proposed by the Original
Project Proponent including the approved addenda and provided by the Authority as
part of the Tender Documents pursuant hereto (Part-3 of this RFP document). The
Concession and Development Agreement sets forth the detailed terms and conditions for
grant of the concession to the Concessionaire, including the scope of the Concessionaires
services and obligations (the Concession).
Scope of Work

The Start-Up Area (SUA), which is spread over 6.84 sq. km. is approximately of 1691 acres
(684 Hectares) of land for phase wise development within the Seed Development Area of
Amaravati Capital city (as indicated in the map enclosed in Annexure-IX of OPP
Proposal). This is to be developed in three phases, each spread over five years during the
concession period of 20 years (the Concession Period) starting from the date of issuance
of the Acceptance Notice by ADP for the Conditions Precedent for Phase 1.

The three phases of land development are spatially split into three separate land parcels
as marked/ indicated in the Section-4.2 of the OPP proposal and Annexure-IV of the
CADA.

The role of master developer will be to design, build, finance and market the plotted
development in the Start Up Area. The Master Developer will take on the role of a
marketing agent to the Start Up Area to attract competent developers for undertaking
vertical development in the Start Up Area through development of high quality
infrastructure. Master Developer will also play an important role as facilitator for
attracting investments and creation of jobs in the AP Capital Region through the
development of this Start Up Area.

Details regarding roles and responsibilities of the GoAP, APCRDA, CCDMC and the
ADP are as per the Swiss Challenge Proposal including CADA and SHA and addenda as
approved by the Government.

The estimated cost of the Project (the Estimated Project Cost) as specified in the
proposal submitted by the Original Project Proponent has been specified in the
documents enclosed in Chapter-5 of the OPP Proposal. The assessment of actual costs,
however, will have to be made by the Bidders.

All development to be undertaken as per the notified master plan and development
control regulations enclosed in the Amaravati City Zoning Report notified by APCRDA

APCRDA

Page 4 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
available on www.crda.ap.gov.in.

The infrastructure requirements of the proposal should be in line with specifications


mentioned in Infrastructure Specifications Part 4, Section 12, Appendix-3 of this RFP.

The land allotment and pricing mechanism and the Reserve Price of land for Phase 1 shall
be as per addendum item No 6, 7 & 8 of CADA addenda dated 30th May 2016 as enclosed
with this RFP.

The revenue share payable by ADP to APCRDA will be a percentage of gross sales
revenue as detailed in clause 11 of CADA and the related addendum.

Overview of the bidding process

The Authority has adopted a single-stage bidding process (the Bidding Process) to
invite Competing counter challenging proposals for the selection of the Master
Developer,

The single-stage bidding process (the Bid Stage) comprise of the following four (4) substages,
1.

Test of responsiveness of the bid: The first sub-stage, the Authority shall determine
whether each bid is responsive, which refers to an assessment if the submission is in
conformity with the terms and conditions of the RFP.

2.

Evaluation of Eligibility: The second sub-stage of the process involves assessment of


the Technical and Financial eligibility of interested firms/consortia who submit a bid,
in accordance to the provisions of this RFP as outlined in Section 3.1 of this document.

3.

Opening of Commercial bids: The third sub-stage of the process involves opening of
Commercial bids of the qualified bidders who have met the Eligibility Criteria of the
previous sub-stage.

4.

Selection under Swiss Challenge Approach: Opening of commercial bid of the OPP
and selecting the firm/ consortium as per the Swiss Challenge Approach under the
Andhra Pradesh Infrastructure Development Enabling Act (APIDEA), 2001 to
implement the Project.

Interested bidders (the "Bidders") meeting the Eligibility Criteria as detailed in the
Section 3.1 of this RFP, are being called upon to submit their Bids (Bid or Bids, as the
case may be) on the APeProcurement portal in accordance with the Tender Documents.
The Bid shall be valid for a period of not less than 180 days from the date specified in
Section 1.3 for submission of bids (the Bid Due Date).

The Bidders are required to submit their Bids in three parts corresponding to the first 3
sub-stages outlined in Section-1.2.2 above,

APCRDA

Page 5 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

Supporting documents to the Bid

Eligibility Submission

Commercial bid
The Tender Documents includes the Original Project Proponents Proposal, the
Concession and Development Agreement (CADA) and the Shareholders Agreement
(SHA) for the Project, inclusive of approved addenda. Subject to the provisions of this
RFP, the aforesaid documents and addenda issued subsequent to this RFP Document,
but before the Bid Due Date, will be deemed to form part of the Tender Documents.

Competing counter challenging proposals are invited for the Project on the basis of the
percentage of Gross Sales Revenue to be shared with APCRDA (the "Revenue Share")
being the sole bidding parameter as mentioned in the OPP Proposal and the CADA.

After the opening of the commercial bids of the challenging bidders as per the terms and
conditions of this RFP, the OPP as per the Swiss Challenge Approach outlined in the
APIDE Act, 2001 (the Swiss Challenge), will be offered the opportunity to match or
better, the best bid received from a challenging bidder, if such bid is superior to that
submitted by the OPP. If (a) the offer of OPP is superior to the best bid received from
challenging bidders, or as the case may be (b) the OPP matches or betters the best bid
received from the challenging bidders (if such bid is superior to the offer of OPP), then
OPP will be selected for the development of the Start-up Area and GoAP will enter into
a Concession and Development Agreement (CADA) with the SPV (ADP) formed by the
OPP.

In all other cases the challenging bidder that has submitted the best bid will be selected
for the development of the Start-up Area and GoAP will enter into a Concession and
Development Agreement (CADA) with the SPV (ADP) formed by such challenging
bidder. In such an event OPP will be reimbursed the costs of preparation of the suo-motu
proposal, CADA and the SHA as specified in this bid document by the Authority. Such
Proposal Preparation Cost shall in turn be paid by the Successful Challenger Bidder to
the Authority before the signing of CADA. The detailed evaluation and selection process
is outlined in Section 4 of this RFP.

Any queries or request for additional information concerning this RFP shall be submitted
only via e-mail to the officer designated in Section 3.15.7 of this RFP. The communication
shall clearly bear the following identification/ title:
Queries/Request for Additional Information: RFP for Development of 6.84 sq. km. Start-up Area
of Amaravati Capital City on Public Private Partnership (PPP) Mode through Swiss Challenge
Approach under the APIDEA, 2001.

APCRDA

Page 6 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

Bid Security and Processing Fee

Participating bidders will have to pay a sum of INR 25,00,000 (INR Twenty-Five Lakh)
vide a Demand Draft drawn on a Scheduled Bank, payable at Vijayawada, Andhra
Pradesh towards bid processing fee. The scanned version of such Demand Draft shall be
uploaded on the APeProcurement portal at the time of uploading the Bid. The original of
the Demand Draft shall be submitted at the time of hard copy submission of the Bid.

A Bidder is required to deposit, along with its Bid, a bid security of Rs. 6,35,50,000 (Indian
Rupees six crore thirty-five lakh and fifty thousand) (the "Bid Security"), refundable not
later than 60 (sixty) days from the end of the Bid Validity Period except in the case of the
Highest Challenger Bidder (see section 3.21 of RFP). The Bidders should provide the Bid
Security in the form of a bank guarantee (the Bank Guarantee) acceptable to the
Authority, and the validity period of the Bank Guarantee shall not be less than 60 (sixty)
days from the end of the Bid Validity Period, and the same may be extended as may be
mutually agreed between the Authority and the Bidder from time to time. The Bid shall
be summarily rejected if it is not accompanied by the Bid Security as described in this
Clause.

Eligibility Criteria

To be eligible and shortlisted, a Bidder shall demonstrate its qualification against the
Eligibility Criteria mentioned (the Eligibility) in the Section 3.1 of this RFP.

Schedule of Bidding Process


The Authority shall endeavour to adhere to the following schedule:

APCRDA

S. No.

Event Description

Date

Notice Inviting Tender

17-Jul-16

Last date for receiving queries

05-Aug-16

Pre-Bid Conference

11:00 AM, 08-Aug-16

Authority response to queries latest by


(Tentative)

18-Aug-16

Bid Due Date

3:00 PM, 1-Sep-16

Hard copy Due Date

3:00 PM, 2-Sep-16

Opening date and time of Supporting documents


to bids and Eligibility Submissions

4:00 pm, 1-Sep-16

Announcement of Eligibility short-list (Tentative) 06-Sep-16

Page 7 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
9

Opening date and time of Commercial bid


Issue of Letter of Award

10

(Tentative)
Validity of Bids

11

(Tentative)
Signing of CADA

12

(Tentative)

08-Sep-16
19-Sep-16
28-Feb-2017
19-Oct-16

Pre-Bid Conference
The date, time and venue of the Pre-Bid Conference shall be:
Date:

8/ August / 2016

Time: 1100 hours


Venue: Lenin Center, Governorpet, Vijayawada 520002, Andhra Pradesh, India
Only representatives of registered bidders (single firms or consortiums) can attend the
pre-bid conference.
Contact Details
Authority Address:
Andhra Pradesh Capital Region Development Authority (APCRDA)
Lenin Center, Governor Pet, VIJAYAWADA - 520002
ANDHRA PRADESH - INDIA.
Phone: +91 - 866 - 2577475
Contact:
Mr. Y. Nagireddy,
Mobile: +91-709-5599-090
email: amaravati.ppp@apcrda.org

APCRDA

Page 8 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

DISCLAIMER
The information contained in this Request for Proposal document (the RFP) or subsequently
provided to Bidder(s), whether verbally or in documentary or any other form by or on behalf
of the Authority or by any of the employees or advisors of the Authority, is provided to
Bidder(s) on the terms and conditions set out in this RFP and on such other terms and conditions
may be specified from time to time.
This RFP is neither an agreement nor an offer by the Authority to the Original Project Proponent
(OPP), prospective Bidders or any other person(s). The purpose of this RFP is to provide
interested parties with information that may be useful to them in making their Bids pursuant
to this RFP. This RFP includes the proposal submitted by the Original Project Proponent in
relation to the Project and does not purport to contain all the information that each Bidder may
require. This RFP and/or the project contemplated here under may not be appropriate for all
persons, and it is not possible for the Authority, its employees or advisors to consider the
objectives, financial situation and/or the particular needs of each party who reads or uses this
RFP. Each Bidder should, conduct its own investigations and analysis and should check the
accuracy, adequacy, correctness, reliability and completeness of the information contained in
this RFP.
Information provided in this RFP is on a wide range of matters, some of which depend upon
interpretation of law. The information given is not an exhaustive account of statutory
requirements and should not be regarded as a complete or authoritative statement of law. The
Authority accepts no responsibility for the accuracy or otherwise for any information,
interpretation or opinion or statement of law expressed herein.
The Authority, its employees and advisors make no representation or warranty and shall have
no liability to any person including to any Bidder, under any law (including any statute, rule,
regulations or the like), tort, breach of warranty, indemnification, principles of restitution or
unjust enrichment, or otherwise, for or in respect of any claim, loss, damages, cost or expense
of any nature whatsoever, which may arise from or be incurred or suffered on account of or in
relation to anything contained in this RFP or otherwise, including in relation to the accuracy,
adequacy, correctness, completeness or reliability upon the RFP or on account of any
assessment, assumption, statement or information contained in or be deemed to form part of
this RFP, or otherwise arising in any manner whatsoever in relation to the Bidding Process.
The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused including that arising from reliance of any Bidder 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 is bound to select a firm/ consortium
or to enter into any contract with the Selected firm/ consortium or with the Concessionaire, as
APCRDA

Page 9 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
the case may be, for the Project and the Authority reserves the right to reject all or any of the
Bidders or Bids without assigning any reason whatsoever.
Each Bidder shall bear all its costs associated with or relating to the preparation and submission
of its Bid including but not limited to analysis, preparation, copying, postage, delivery fees,
expenses associated with any demonstrations or presentations which may be required by the
Authority or any other costs incurred in connection with or relating to its Bid. All such costs
and expenses will remain the responsibility of the Bidder and the Authority shall not be liable
in any manner whatsoever for the same and/or for any other costs or other expenses incurred
by a Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of the
Bidding Process.
Andhra Pradesh Capital Region Development Authority (APCRDA)

APCRDA

Page 10 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

GLOSSARY
ADP

As defined in Section 1.1.5

APIDE Act, 2001

As defined in Section 1.1.4

Authority

As defined in Section 1.1.2

Bank Guarantee

As defined in Section 1.2.9

Bid(s)

As defined in Section 1.2.5

Bidders

As defined in Section 1.2.3

Bid Due Date

As defined in Section 1.2.3

Bidding Process

As defined in Section 1.2.1

Bid Security

As defined in Section 1.2.9

Bid Stage

As defined in Section 1.2.2

Bid Validity Period

As defined in Section 3.19

Commercial Bid

As defined in Section 3.15.4

Concession

As defined in Section 1.1.5

Concession and Development


Agreement (CADA)

As defined in Section 1.1.5

Coercive Practice

As defined in Section 5

Concessionaire

As defined in Section 1.1.5

Concession Period

As defined in Section 1.1.7.2

Conflict of Interest

As defined in Section 3.1.1.3

Control

As defined in Section 3.1.2.1

Consortium

As defined in Section 3.1.1.1

Corrupt Practice

As defined in Section 5

Crore

10,000,000

Demand Draft

As defined in Section 1.2.6

Eligibility

As defined in Section 3.1.2

Eligibility Submission

As defined in Section 3.15.3

Estimated Project Cost

As defined in Section 1.1.8

First Part

As defined in Section 8

First round of bidding

As defined in Section 4.3.4.3

Fraudulent Practice

As defined in Section 5

Government

As defined in Section 1.1.1

Government Administrative Core

As defined in CADA

Gross Sales Revenue

As defined in CADA

Guarantee

As defined in Section 8

APCRDA

Page 11 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Hard Copy

As defined in Section 3.14.2

Highest Challenger Bidder

As defined in Section 1.2.11

Jt. Bidding Format

As defined in Section 3.1.2.9

Lakh

100,000

Lead Member

As defined in Section 3.1.2.9

LOA

As defined in Section 4.3.4.2

LCIA

As defined in CADA

Management Company

As defined in CADA

Master Developer

As defined in Section 1.1.3

Member

Member of a Consortium

Net Worth

As defined in Section 3.1.2.3

Net Cash Accrual

As defined in Section 3.1.2.3

Parties

As defined in Section 8

Party

As defined in Section 8

Phase or Phase 1 or Phase 2 or Phase 3

As defined in the CADA

PPP

Public Private Partnership

Principals

As defined in Section 8

Project

As defined in Section 1.1.3

Projects

As defined in Section 3.1.2.2

Proposal Preparation Cost

As defined in Section 4.4

Re. or Rs. or INR

Indian Rupee

Restrictive Practice

As defined in Section 5

Revenue Share

As defined in Section 1.2.10

RFP or Request for Proposals

As defined in the Disclaimer

Second part

As defined in Section 8

Second round of bidding

As defined in Section 4.3.4.4

Selected Firm/ Consortium

As defined in Section 1.1.5

Shareholders Agreement

As defined in Section 1.1.5

Sole Bid

As defined in Section 4.3.4.2

Start-Up Area

As defined in the CADA

Statutory Auditor

As defined in Section 3.1.2.2

Subject Person

As defined in Section 3.1.1.3

Swiss Challenge

As defined in Section 1.2.11

Tender Documents

As defined in Section 1.1.10

Third Part

As defined in Section 8

Third round of bidding

As defined in Section 4.3.4.5

Undesirable Practice

As defined in Section 5

APCRDA

Page 12 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
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.

APCRDA

Page 13 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

ABBREVIATIONS
ADP

Amaravati Development Partner

APCRDA

Andhra Pradesh Capital Region Development Authority

APIDEA

Andhra Pradesh Infrastructure Development Enabling Act.

CADA

Concession and Development Agreement

CCDMC

Capital City Development and Management Corporation,


deemed to include its successors, permitted assigns and
substitutes

GoAP

Government of Andhra Pradesh

GOI

Government of India

Hect

Hectare

INR

Indian National Rupee

OPP

Original Project Proponent

PPP

Public Private Partnership

RFP

Request for Proposal

Sq. ft.

Square feet

Sq.km

Square kilometer

SHA

Shareholders Agreement

SUA

Start-up area

USD

United States Dollar

APCRDA

Page 14 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

TABLE OF CONTENTS

ADVERTISEMENT ..................................................................................................................................2
INVITATION FOR BIDDERS ...............................................................................................................3
DISCLAIMER ...........................................................................................................................................9
GLOSSARY .............................................................................................................................................11
ABBREVIATIONS .................................................................................................................................14
PART 1 INTRODUCTION AND SCOPE .......................................................................................17
1 INTRODUCTION ........................................................................................................................18
1.1

Background and Scope of the project..........................................................................18

1.2

Brief description of Bidding Process ...........................................................................22

1.3

Schedule of Bidding Process.........................................................................................24

1.4

Pre-Bid Conference ........................................................................................................25

2 ORIGINAL PROJECT PROPONENT (OPP) PROPOSAL ...................................................26


PART 2 BIDDING PROCEDURES ..................................................................................................27
3 INSTRUCTIONS TO BIDDERS ...............................................................................................28
A.

GENERAL .......................................................................................................................28

3.1

Eligibility of Bidders ......................................................................................................28

3.2

General terms of Bidding ..............................................................................................38

3.3

Change in composition of the Consortium ................................................................40

3.4

Change in Ownership ...................................................................................................41

3.5

Number of Bids and Cost of Bidding ..........................................................................41

3.6

Site visit and verification of information ....................................................................41

3.7

Acknowledgement by Bidder ......................................................................................42

3.8

Verification and Disqualification .................................................................................42

3.9

Right to accept and to reject any or all Bids ...............................................................43

B.

DOCUMENTS ................................................................................................................45

3.10

Contents of the RFP .......................................................................................................45

3.11

Clarifications ...................................................................................................................45

3.12

Amendment of RFP .......................................................................................................46

C.

PREPARATION AND SUBMISSION OF BIDS .........................................................47

3.13

Language .........................................................................................................................47

APCRDA

Page 15 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
3.14

Format and Signing of Bid ............................................................................................47

3.15

Sealing and Marking of Bids ........................................................................................48

3.16

Bid Due Date...................................................................................................................50

3.17

Late Bids ..........................................................................................................................50

3.18

Modifications/ Substitution/ Withdrawal of Bids ...................................................50

3.19

Validity of Bids ...............................................................................................................51

3.20

Confidentiality................................................................................................................51

D.

BID SECURITY ...............................................................................................................52

3.21

Bid Security .....................................................................................................................52

4 EVALUATION OF BIDS ............................................................................................................54


4.1

Opening and Evaluation of Bids ..................................................................................54

4.2

Commercial Bid parameter...........................................................................................55

4.3

Evaluation and Selection process ................................................................................55

4.4

Proposal Preparation Cost ............................................................................................59

4.5

Clarifications ...................................................................................................................59

4.6

Contacts during Bid Evaluation ...................................................................................59

4.7

Confidentiality................................................................................................................60

4.8

Correspondence with bidder........................................................................................60

5 FRAUD AND CORRUPT PRACTICES ...................................................................................61


6 PRE-BID CONFERENCE ............................................................................................................63
7 MISCELLANEOUS ......................................................................................................................64
8 BIDDING FORMS .......................................................................................................................65
8.1

Enclosures of the Bid .....................................................................................................65

8.2

Eligibility Submission....................................................................................................87

8.3

Commercial Bid............................................................................................................104

PART 3 CONTRACT AGREEMENTS ..........................................................................................106


9 CONCESSION AND DEVELOPMENT AGREEMENT.....................................................107
10 SHAREHOLDERS AGREEMENT .........................................................................................108
11 ADDENDA TO CADA & SHAREHOLDERS AGREEMENT .........................................109
PART 4 APPENDICES.......................................................................................................................110
12 APPENDICES .............................................................................................................................111

APCRDA

Page 16 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

PART 1 INTRODUCTION AND SCOPE

APCRDA

Page 17 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

INTRODUCTION

1.1

Background and Scope of the project

1.1.1

The Government of Andhra Pradesh (the Government) is in the process of establishing


`Amaravati', a greenfield world class Capital city for the newly bifurcated State of
Andhra Pradesh. The Governments aspiration is to create a people's capital that is
vibrant, diverse, inclusive, and modern which is not only a glowing pride for all the
people of Andhra Pradesh but also a magnet for skilled migrants, industries, business
and professionals from across the world. The Capital city is envisaged to synthesize the
best features of urban planning, sustainability, and effective governance to create an
inclusive, highly livable, and world-class urban ecosystem. Amaravati would function as
the administrative headquarters of the State, proposed to be developed with state-of-theart infrastructure facilities, business & knowledge hubs based on sustainable economic
growth principles

1.1.2

With the objective of construction of new Capital city Amaravati, an act has been passed
by the GoAP to provide for the declaration of the new Capital area for state of the Andhra
Pradesh and establishment of the Andhra Pradesh Capital Region Development
Authority (APCRDA) (the Authority) for the purposes of planning, coordination,
execution, supervision, financing, and for promoting and securing the planned
development of the capital region development area.

1.1.3

The Government of Andhra Pradesh received a Suo-Motu proposal from Singapore


consortium consisting of Ascendas-Singbridge Pte. Ltd. and Sembcorp Development
Ltd., referred to in this document as the Original Project Proponent (OPP) for the
Development of Start-up Area of 6.84 Sq Km in Seed Capital Area of Amaravati as Master
Developer (the Master Developer) on Public Private Partnership (PPP) through Swiss
Challenge Approach under the Andhra Pradesh Infrastructure Development Enabling
Act (APIDEA), 2001 (the Project).

1.1.4

The Government of Andhra Pradesh vide GO MS No. 170, MA&UD(CRDA-2)


Department dated 04-07-2016 approved the Swiss Challenge Proposal (OPP Proposal)
including draft Concession and Development Agreement, Shareholders Agreement and
addenda and sealed cover of commercial bid submitted by the OPP. APCRDA is
authorized to invite counter proposals under the APIDE Act, 2001. The APCRDA is
conducting the bidding process through Swiss Challenge Approach under the Andhra
Pradesh Infrastructure Development Enabling Act (APIDEA), 2001 and all amendments
thereof (the APIDE Act, 2001) for the selection of the firm/ consortium for the project.

APCRDA

Page 18 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
The details of the Swiss Challenge Approach are detailed in this RFP. Brief particulars of
the project are as follows:
Name of the Project

Key Components and


Other Details

Development of 6.84 sq. km Start up Area of Amaravati

As Given in OPP

Capital City on Public Private Partnership (PPP) mode

Proposal included in

through Swiss Challenge Approach under the Andhra

Part 1, Chapter 2

Pradesh Infrastructure Development Enabling Act


(APIDEA), 2001

1.1.5

The firm/ consortium selected through the bidding process outlined in this RFP (the
Selected firm/ consortium) will enter into a Shareholders Agreement (the SHA) with
CCDMC as per the form proposed by the Original Project Proponent including the
approved addenda and provided by the Authority as part of the Tender Documents
pursuant hereto (Part 3 of this RFP document) to form Amaravati Development Partner
(ADP) (the Amaravati Development Partner or ADP), which will be a Special
Purpose Vehicle incorporated (with its registered office in Vijayawada, India) under the
Companies Act 2013, to undertake the development of the Start-Up Area. The
Government of Andhra Pradesh (through APCRDA) would then enter into a Concession
and Development Agreement (the Concession and Development Agreement or the
CADA) with ADP (the Concessionaire) as per the form proposed by the Original
Project Proponent including the approved addenda and provided by the Authority as
part of the Tender Documents pursuant hereto (Part 3 of this RFP document). The
Concession and Development Agreement sets forth the detailed terms and conditions for
grant of the concession to the Concessionaire, including the scope of the Concessionaires
services and obligations (the Concession).

1.1.6

The Shareholders Agreement (SHA) including the approved addenda to be entered into
between the selected firm/ consortium and CCDMC as submitted by the Original Project
Proponent as part of their Swiss Challenge Proposal is also provided by the Authority as
part of the Tender Documents pursuant hereto (Part 3 of this RFP document).

1.1.7

The summary of the Project Scope including the Development Plan as detailed below, are
based on the OPP Proposal (including CADA and SHA). For further details, bidders shall
refer to the OPP proposal, CADA and SHA enclosed along with this RFP document.
The total land identified in the master development for seed development area is
approximately 20 sq km. The Start Up Area is spread over 6.84 sq km within the Seed

APCRDA

Page 19 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Development Area.
1.1.7.1 The Start-Up Area (SUA), which is spread over 6.84 sq. km. is approximately of 1691 acres
(684 Hectares) of land for phase wise development within the Seed Development Area of
Amaravati Capital city (as indicated in the map enclosed in Annexure-IX of OPP
Proposal). This is to be developed in three phases, each spread over five years during the
concession period of 20 years (the Concession Period) starting from the date of issuance
of the Acceptance Notice by ADP for the Conditions Precedent for Phase 1.
1.1.7.2 Land handover by APCRDA will be aligned with the proposed development plan of ADP
as given in Chapter 2. It is proposed that APCRDA provide land to ADP in the following
phases:
Phase

Total

Land in hectares

265

208

211

684

1.1.7.3 In the event of specific request from GOAP, ADP may consider during the development
of infrastructure for a phase currently under development, to construct the base
infrastructure (limited only to road and carriage way drainage and culverts) for any of
the undeveloped phases subject to the terms and conditions of CADA. Please refer
annexure IV of the OPP Proposal.
1.1.7.4 The three phases of land development are spatially split into three separate land parcels
as marked/ indicated in the Section-4.2 of the OPP proposal and Annexure-IV of the
CADA.
1.1.7.5 ADP may commence development of subsequent phase of the project only upon 70% of
development plots in the ongoing phase being sold to third parties and such sale
proceeds are realized by ADP. ADP may consider taking up development of subsequent
phases even if 70% condition is not met subject to clause 4.1.1 phased development of the
OPP Proposal, which may be referred to.
1.1.7.6 The role of master developer will be to design, build, finance and market the plotted
development in the Start Up Area. The Master Developer will take on the role of a
marketing agent to the Start Up Area to attract competent developers for undertaking
vertical development in the Start Up Area through development of high quality
infrastructure. Master Developer will also play an important role as facilitator for
attracting investments and creation of jobs in the AP Capital Region through the
development of this Start Up Area.
APCRDA

Page 20 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
1.1.7.7 Details regarding roles and responsibilities of the GoAP, APCRDA, CCDMC and the
ADP are as per the Swiss Challenge Proposal including CADA and SHA and addenda as
approved by the Government.
1.1.7.8 All development to be undertaken as per the notified master plan and development
control regulations enclosed in the Amaravati City Zoning Report notified by APCRDA
available on www.crda.ap.gov.in.
1.1.7.9 OPP Proposal contains market analysis and demand estimation (para 2.7), land use plan
(para 2.7) the proposed development mix (2.8.1) and related land requirement ( para
2.8.2).The bidders may take these as basis in arriving at the land use wise saleable area.
1.1.7.10 The land allotment and pricing mechanism and the Reserve Price of land for Phase 1
shall be as per addendum item No 6,7 &8 of CADA addenda dated 30th May 2016 as
enclosed with this RFP.
1.1.7.11 The revenue share payable by ADP to APCRDA will be a percentage of gross sales
revenue as detailed in clause 11 of CADA and the related addendum.
OPP Proposal under chapter 6-Project implementation framework has detailed the
project implementation framework including the institutional structure for ADP and
management company. The Chapter also deals with the operations and maintenance
framework for the project.
1.1.8

The estimated cost of the Project (the Estimated Project Cost) as specified in the
proposal submitted by the Original Project Proponent has been specified in the
documents enclosed in Chapter-5 of the OPP Proposal. The assessment of actual costs,
however, will have to be made by the Bidders.

1.1.9

The statements and explanations contained in this RFP are intended to provide an
understanding to the Bidders about the subject matter of this RFP and should not be
construed or interpreted as limiting in any way or manner the scope of services and
obligations of the Concessionaire set forth in the Concession and Development
Agreement (CADA) or the Authoritys 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 Tender Documents including this RFP are to be noted, interpreted and applied
appropriately to give effect to this intent, and no claims on this account shall be
entertained by Authority.

1.1.10 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
APCRDA

Page 21 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
RFP (collectively the "Tender 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.

1.2

Brief description of Bidding Process

1.2.1

The Authority has adopted a single-stage bidding process (the Bidding Process) to
invite Competing counter challenging proposals for the selection of the Master
Developer,

1.2.2

The single-stage bidding process (the Bid Stage) comprise of the following four (4) substages,
1.

Test of responsiveness of the bid: The first sub-stage, the Authority shall determine
whether each bid is responsive, which refers to an assessment if the submission is in
conformity with the terms and conditions of the RFP.

2.

Evaluation of Eligibility: The second sub-stage of the process involves assessment of


the Technical and Financial eligibility of interested firms/consortia who submit a bid,
in accordance to the provisions of this RFP as outlined in Section 3.1 of this document.

3.

Opening of Commercial bids: The third sub-stage of the process involves opening of
Commercial bids of the qualified bidders who have met the Eligibility Criteria of the
previous sub-stage.

4.

Selection under Swiss Challenge Approach: Opening of commercial bid of the OPP
and selecting the firm/ consortium as per the Swiss Challenge Approach under the
Andhra Pradesh Infrastructure Development Enabling Act (APIDEA), 2001 to
implement the Project.

1.2.3

Interested bidders (the "Bidders") meeting the Eligibility Criteria as detailed in the
Section 3.1 of this RFP, are being called upon to submit their Bids (Bid or Bids, as the
case may be) on the APeProcurement portal in accordance with the Tender Documents.
The Bid shall be valid for a period of not less than 180 days from the date specified in
Section 1.3 for submission of bids (the Bid Due Date).

1.2.4

The instructions for interested bidders to access and to upload the final bid submissions
on to the APeProcurement portal is enclosed in the Part-4, Section 12 ,Appendix 2

1.2.5

The Bidders are required to submit their Bids in three parts corresponding to the first 3

APCRDA

Page 22 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
sub-stages outlined in Section-1.2.2 above,

1.2.6

Supporting documents to the Bid

Eligibility Submission

Commercial bid
The Tender Documents includes the Original Project Proponents Proposal, the
Concession and Development Agreement (CADA) and the Shareholders Agreement
(SHA) for the Project, inclusive of any addenda. Subject to the provisions of this RFP, the
aforesaid documents and any addenda issued subsequent to this RFP Document, but
before the Bid Due Date, will be deemed to form part of the Tender Documents.

1.2.7

Participating bidders will have to pay a sum of INR 25,00,000 (INR Twenty-Five Lakh)
vide a Demand Draft drawn on a Scheduled Bank, payable at Vijayawada, Andhra
Pradesh towards bid processing fee. The scanned version of such Demand Draft shall be
uploaded on the APeProcurement portal at the time of uploading the Bid. The original of
the Demand Draft shall be submitted at the time of hard copy submission of the Bid.

1.2.8

GOI has issued guidelines (see Part 4, Section 12, Appendix 1) for qualification of bidders
seeking to acquire stakes in any public sector enterprise through the process of
disinvestment. These guidelines shall apply mutatis mutandis to this Bidding Process.
The Authority shall be entitled to disqualify a Bidder in accordance with the aforesaid
guidelines at any stage of the Bidding Process. Bidders must satisfy themselves that they
are qualified to bid, and should give an undertaking to this effect in the form at Form A7.

1.2.9

A Bidder is required to deposit, along with its Bid, a bid security of Rs. 6,35,50,000 (Indian
Rupees six crore thirty five lakh and fifty thousand) (the "Bid Security"), refundable not
later than 60 (sixty) days from the end of the Bid Validity Period except in the case of the
Highest Challenger Bidder (see section 3.21 of RFP). The Bidders should provide the Bid
Security in the form of a bank guarantee (the Bank Guarantee) acceptable to the
Authority, and the validity period of the Bank Guarantee shall not be less than 60 (sixty)
days from the end of the Bid Validity Period, and the same may be extended as may be
mutually agreed between the Authority and the Bidder from time to time. The Bid shall
be summarily rejected if it is not accompanied by the Bid Security as described in this
Clause.

1.2.10 Competing counter challenging proposals are invited for the Project on the basis of the
percentage of Gross Sales Revenue to be shared with APCRDA (the "Revenue Share")
being the sole bidding parameter as mentioned in the OPP Proposal and the CADA.
1.2.11 After the opening of the commercial bids of the challenging bidders as per the terms and
APCRDA

Page 23 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
conditions of this RFP, the OPP as per the Swiss Challenge Approach outlined in the
APIDE Act, 2001 (the Swiss Challenge), will be offered the opportunity to match or
better, the best bid received from a challenging bidder, if such bid is superior to that
submitted by the OPP. If (a) the offer of OPP is superior to the best bid received from
challenging bidders, or as the case may be (b) the OPP matches or betters the best bid
received from the challenging bidders (if such bid is superior to the offer of OPP), then
OPP will be selected for the development of the Start-up Area and GoAP will enter into
a Concession and Development Agreement (CADA) with the SPV (ADP) formed by the
OPP.
In all other cases the challenging bidder that has submitted the best bid will be selected
for the development of the Start-up Area and GoAP will enter into a Concession and
Development Agreement (CADA) with the SPV (ADP) formed by such challenging
bidder. In such an event OPP will be reimbursed the costs of preparation of the suo-motu
proposal, CADA and the SHA as specified in this bid document by the Authority. Such
Proposal Preparation Cost shall in turn be paid by the Successful Challenger Bidder to
the Authority before the signing of CADA. The detailed evaluation and selection process
is outlined in Section 4 of this RFP.
1.2.12 During the Bid Stage, Bidders are invited to examine the site 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.
1.2.13 The Concession Period is pre-determined, as indicated in the Concession and
Development Agreement (CADA).
1.2.14 The infrastructure requirements of the proposal should be in line with specifications
mentioned in Infrastructure Specifications Part 4, Chapter 12, Appendix-3 of this RFP.
1.2.15 Further and other details of the process to be followed at the Bid Stage and the terms
thereof are spelt out in this RFP.
1.2.16 Any queries or request for additional information concerning this RFP shall be submitted
only via e-mail to the officer designated in Section 3.15.7 of this RFP. The communication
shall clearly bear the following identification/ title:
Queries/Request for Additional Information: RFP for Development of 6.84 sq. km. Start-up Area
of Amaravati Capital City on Public Private Partnership (PPP) Mode through Swiss Challenge
Approach under the APIDEA, 2001.

1.3

Schedule of Bidding Process


The Authority shall endeavour to adhere to the following schedule:

APCRDA

Page 24 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

S. No.

Event Description

Date

Notice Inviting Tender

17-Jul-16

Last date for receiving queries

05-Aug-16

Pre-Bid Conference

11:00 AM, 08-Aug-16

Authority response to queries latest by


(Tentative)

18-Aug-16

Bid Due Date

3:00 PM, 1-Sep-16

Hard copy Due Date

3:00 PM, 2-Sep-16

Opening date and time of Supporting documents


to bids and Eligibility Submissions

4:00 pm, 1-Sep-16

Announcement of Eligibility short-list (Tentative) 06-Sep-16

Opening date and time of Commercial bid


Issue of Letter of Award

10

(Tentative)
Validity of Bids

11

(Tentative)
Signing of CADA

12

1.4

(Tentative)

08-Sep-16
19-Sep-16
28-Feb-2017
19-Oct-16

Pre-Bid Conference
The date, time and venue of the Pre-Bid Conference shall be:
Date:

8/ August / 2016

Time: 1100 hours


Venue: Lenin Center, Governorpet, Vijayawada 520002, Andhra Pradesh, India
Only representatives of registered bidders (single firms or consortiums) can attend the
pre-bid conference.

Contact:
Mr. Y. Nagireddy,
Mobile: +91-709-5599-090
email: amaravati.ppp@apcrda.org

APCRDA

Page 25 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

ORIGINAL PROJECT PROPONENT (OPP) PROPOSAL

Uploaded separately on the e-Tendering Portal along with this RFP.

APCRDA

Page 26 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

PART 2 BIDDING PROCEDURES

APCRDA

Page 27 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

INSTRUCTIONS TO BIDDERS

A.

GENERAL

3.1

Eligibility of Bidders

3.1.1

For determining the eligibility of Bidders, the following shall apply:

3.1.1.1 The Bidder for being eligible may be a single entity or a group of entities (the
Consortium), coming together to implement the Project. However, no Bidder applying
individually or as a member of a Consortium, as the case may be, can be member of
another Bidder. The term Bidder used herein would apply to both a single entity and a
Consortium.
3.1.1.2 A Bidder may be a natural person, private entity, government-owned entity or any
combination of them with an existing legally binding agreement to form a Consortium.
A Consortium shall be eligible for consideration subject to the conditions set out in
Section 3.1.1.
3.1.1.3 A Bidder shall not have a conflict of interest (the Conflict of Interest) that affects the
Bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified. A
Bidder shall be deemed to have a Conflict of Interest affecting the Bidding Process, if:

the Bidder, its Member or Associate (or any constituent thereof) and any other Bidder,
its Member or any Associate thereof (or any constituent thereof) have common
controlling shareholders or other ownership interest; provided that this
disqualification shall not apply in cases where the direct or indirect shareholding of a
Bidder, its Member or an Associate thereof (or any shareholder thereof having a
shareholding of more than 5 per cent of the paid up and subscribed share capital of
such Bidder, Member or Associate, as the case may be) in the other Bidder, its Member
or Associate is less than 5 per cent of the subscribed and paid up equity share capital
thereof; provided further that this disqualification shall not apply to any ownership
by a bank, insurance company, pension fund or a public financial institution referred
to in sub-section (72) of section 2 of the Companies Act, 2013. For the purposes of this
provision, indirect shareholding held through one or more intermediate persons shall
be computed as follows:

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
APCRDA

Page 28 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

subject always to sub-clause (a) 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 (b) 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

a constituent of such Bidder is also a constituent of another Bidder; or

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

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

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

such Bidder, or any Associate thereof has participated as a consultant to the Authority
in the preparation of any documents, design or technical specifications of the Project.

3.1.1.4 A Bidder shall be liable for disqualification if any legal, financial or technical adviser of
the Authority in relation to the Project is engaged by the Bidder, its Member or any
Associate thereof, as the case may be, in any manner for matters related to or incidental
to the Project. For the avoidance of doubt, this disqualification shall not apply where such
adviser was engaged by the Bidder, its Member or Associate in the past but its assignment
expired or was terminated prior to the Bid Due Date. Nor will this disqualification apply
where such adviser is engaged after a period of 3 (three) years from the date of
completion of development of Phase 1 of the Project.
Explanation: In case a Bidder is a Consortium, then the term Bidder as used in this
Provision, shall include each Member of such Consortium.
3.1.2

To be eligible and shortlisted, a Bidder shall demonstrate its qualification against the
Eligibility Criteria mentioned below (the Eligibility).

3.1.2.1 In computing the Technical Eligibility and Financial Eligibility of the Bidder/
Consortium Member, the Technical Eligibility and Financial Eligibility of their respective

APCRDA

Page 29 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Associates would also be eligible hereunder. For purposes of this Bid, Associate means,
in relation to the Bidder/ Consortium Member, a person who controls, is controlled by,
or is under the common control with such Bidder/ Consortium Member (the
Associate). As used in this definition, the expression control means, with respect to
a person which is a company or corporation, the ownership, directly or indirectly, of
more than 50% (fifty per cent) of the voting shares of such person, and with respect to a
person which is not a company or corporation, the power to direct the management and
policies of such person by operation of law.

All evidence submitted is subject to scrutiny by APCRDA or any designated authority.

All tenures mentioned below are over the time window preceding the Bid Due Date

Decision of the Authority will be final and binding

3.1.2.2 Technical Eligibility:

Master Development of land refers to projects involving designing, developing,


building, financing, managing and marketing of land developments (plotted
development) along with physical infrastructure (included but not limited to roads,
electricity, water and sewerage) by the Bidder or by entities wherein a Bidder has paid
up equity shareholding of at least 26% of the total paid up equity shareholding. Land
developed under this definition should be of mixed-use nature (commercial or
residential). Construction contracts will not qualify as Master Development of land.
Land area, that is part of a bigger Master Development, and is fully developed,
including constituent physical infrastructure and saleable /leasable built-up area that
is ready for occupation, could be considered subject to appropriate evidences being
submitted

Cumulative refers to simple aggregation

The definition of project solely for purposes of Technical Eligibility will include the
designing, financing, development, construction and marketing of a commercial or
residential development within one single plot or geographically contiguous plots or
area developed by the bidder, in the capacity as master developer and/or the
developer, as the case may be. Construction contracts will not qualify for built-up area.

Time Window refers to the period immediately preceding the Bid Due Date. Only
development completed in this period will be considered for the purpose of the
criteria below. If a project has commenced before this period, then only the portion of
the project that has been completed in this period will be considered.

Employment below refers to direct employment, which is defined as number of


existing employees that are based in the said developed area as on the Bid Due Date.

APCRDA

Page 30 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
This figure can include employment created either by developer and / or tenants and
/ or buyers.

Marketed area in this section is defined as land parcels or projects where the sale/
lease has been affected to end-user or developer.

Sl.
No.

Criteria

Units

Time
window

Single
member

All
Evidence to be
members submitted

Experience Based Criteria Development


A

Master Developer Land Development

Cumulative master
development (India/
Outside India)

Hect

10 years

1,000

1,000

Certificate by
Statutory
Auditor

Cumulative master
development (Outside
India)

Hect

10 years

500

500

Certificate by
Statutory
Auditor

One greenfield Business


District project

Sq.km

2.5

2.5

Certificate from
local authority/
Govt. as per
format to be
prescribed

Developer - Built Up Area (BUA)

One project (India/


Outside India)

Sq. ft.

10 years

5 Million

5 Million

~do~

Cumulative built-uparea (Outside India)

Sq. ft.

10 years

5 Million

5 Million

~do~

Employment created in Built Up Area Developed by bidder

One project (India/


Outside India)

Nos

10 years

25,000

25,000

~do~

Cumulative built-uparea (Outside India)

Nos

10 years

25,000

25,000

~do~

Joint Venture with Govt.

APCRDA

Page 31 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Sl.
No.

Criteria

Units

Time
window

Single
member

All
Evidence to be
members submitted

Nos. of JVs with local


Govt./ Govt. entity
(Indian or International)
for any of the Projects
referred under
Experience Based

Nos

2 JVs

2 JVs

Certificate from
Govt./ Govt.
entity as per
format
prescribed

Criteria
Experience Based Criteria Marketing
E

Master Developer - Land Development

Cumulative plotted
development marketed

Hect

10 years

300

300

Certificate by
Statutory
Auditor

Cumulative plotted
development marketed
outside India

Hect

10 years

150

150

Certificate by
Statutory
Auditor

Developer - Built Up Area

BUA marketed in one


project anywhere in the
world

Sq. ft.

10 years

4 Million

4 Million

Certificate by
Statutory
Auditor

Cumulative BUA
marketed outside India

Sq. ft.

10 years

5 Million

5 Million

Certificate by
Statutory
Auditor

General Criteria
G

Bidder to demonstrate letter of support (on similar lines of letter issued by the Ministry
of Trade and Industry, Singapore enclosed to this RFP) from the respective international
government (s) of the country to which the bidder belongs to.

Notes: 1. All criteria above are over the Time Window preceding the Proposal submission date
2. 4 Million sq. ft. is equivalent to 0.37 Million square meters; 5 Million sq. ft. is equivalent to
0.46 Million square meters
APCRDA

Page 32 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

One greenfield Business District project, as referred to in Criteria A3 above, should


constitute a single project developed by a single entity Bidder or one Member of a
Consortium.

Statutory Auditor in relation to a person means an independent entity that is


appointed to audit and certify the annual accounts of such person, as per the
requirements of laws applicable to such person. In jurisdictions that do not have
Statutory Auditors, the auditors who audit the annual accounts of the relevant person
may provide the requisite certification, subject to the Bidder establishing to the
satisfaction of the Authority that the relevant jurisdiction does not require
appointment of Statutory Auditors.

Govt. mentioned above means (a) the Government of India or of any State in India,
or (b) the Federal or State Government of the Bidders country, or (c) the Federal or
State Government having jurisdiction over the area where the relevant project has
been/is being implemented by the Bidder or its Associate(s). Govt. entity means an
agency or department of the Government.

Local Authority means a district/city/town council, municipality, municipal


corporation or other government/statutory body or authority responsible for local
government.

3.1.2.3 Financial Eligibility:

The Bidders should provide information regarding the Financial Eligibility


parameters based on audited annual accounts for the respective financial years. The
Financial Year would be the same as the one normally followed by the Bidder for its
Annual Report. Each Bidders Financial Eligibility will have to be certified by its
Statutory Auditor. The Bid must be accompanied by the Audited Annual Reports of
the Bidder (of each member in case of a consortium) for the last three (3) financial
years. In case the annual accounts for the latest financial year are not audited and
therefore the Bidder could not make it available, the Bidder shall give an undertaking
to the same effect and the Statutory Auditor shall certify the same. In such a case, the
Bidder shall, for the purpose of evaluation, provide the Audited Annual Reports for
three years preceding the latest completed Financial Year failing which the Proposal
will be rejected as non-responsive. All financial and supporting audited documents
provided by the bidders should be as per IFRS norms.

APCRDA

Page 33 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Sl. Criteria
No.

A.

Evident to
Units Over the time One
In case of JV
window
Member
be
preceding the
submitted
Proposal
Lead
Each
All
submission Member Member Members
date
put
together

Aggregate INR
Net-worth

As per the
2000
latest audited crores
Balance Sheet

-NA-

-NA-

2000
crores

Certificate
by
Statutory
Auditor

B.

Aggregate INR
Annual
Net Cash
Accruals

As per the last 600


3 years
crores
audited
annual
accounts

-NA-

-NA-

600
crores

~do~

* 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).
# Annual Net Cash Accruals shall mean Profit after Tax + Depreciation.
INR conversion shall be based on 1 USD = INR 65 and shall be used to convert amounts in USD
to INR.
Audited Balance Sheet and annual accounts in currencies other than INR or USD should be
converted to USD using the closing exchange rates as provided by Bloomberg on the date of the
Notice Inviting Tender. Then, the conversion rate for USD to INR as mentioned above should be
used.

3.1.2.4 In case the Bidder is a Consortium,

The maximum number of members shall not exceed 3

the combined technical capacity and Net Worth of those Members, who shall have an
equity share of at least 26% (twenty six per cent) each in the ADP, should satisfy the
above conditions of eligibility; provided that each such Member shall, for a period of
2 (two) years from the date of commercial operation of the Project, hold equity share
capital not less than: (i) 26% (twenty six per cent) of the subscribed and paid up equity

APCRDA

Page 34 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
of the ADP; and (ii) 5% (five per cent) of the Total Project Cost specified in the
Concession and Development Agreement.
3.1.2.5 In case the Bidder is a single entity,

the bidder should satisfy the above conditions of technical and financial eligibility.

The bidder shall, for a period of 2 (two) years from the date of commercial operation
of the Project, hold equity share capital not less than: (i) 26% (twenty-six per cent) of
the subscribed and paid up equity of the ADP; and (ii) 5% (five per cent) of the Total
Project Cost specified in the Concession and Development Agreement

3.1.2.6

The Bidder 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 and Development Agreement (CADA) and the SHA

3.1.2.7

The Bidder shall enclose with its Bid, to be submitted as per the format discussed in
Section-3.14, complete with its Annexes, the following:

Certificate(s) from statutory auditors of the Bidder or its Associates stating the
payments made/ received or works commissioned, in support of the Technical
Eligibility as referred in Sections 3.1.2.1 and 3.1.2.2 above.

certificate(s) from statutory auditors of the Bidder or its Associates specifying (a) the
Net Worth of the Bidder as at the close of the preceding financial year and (b) the
Aggregate Net Cash Accruals of the Bidder for the preceding 3 (three) financial years.
The certificate should also specify that the methodology adopted for calculating such
Net Worth and Net Cash Accruals conforms to the provisions of this section. For the
purposes of this RFP, net worth (the Net Worth) shall mean the sum of subscribed
and paid up equity and reserves from which shall be deducted the sum of revaluation
reserves, miscellaneous expenditure not written off and reserves not available for
distribution to equity shareholders and net cash accruals (Net Cash Accruals) shall
mean Profit After Tax plus Depreciation. All financial and supporting audited
documents provided by the bidders should be as per IFRS norms.

3.1.2.8 The Bidder should submit a Power of Attorney as per the format at Form A3, authorizing
the signatory of the Bid to commit the Bidder. In the case of a Consortium, the Members
should submit a Power of Attorney in favor of the Lead Member as per format at Form
A4.
3.1.2.9 The Bidder (including where it is a single entity) will be required to form an appropriate
Special Purpose Vehicle (ADP), incorporated under the Companies Act, 2013 to execute
the CADA and the SHA and implement the Project. In case the Bidder is a Consortium,

APCRDA

Page 35 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
it shall, in addition to forming the ADP, comply with the following additional
requirements:

number of members in a consortium shall not exceed 3 (three);

the bid should contain the information required for each member of the Consortium;

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 ADP. The nomination(s) shall be
supported by a Power of Attorney, as per the format at Form A4, signed by all the
other members of the Consortium;

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

an individual Bidder cannot at the same time be member of a Consortium applying


for RFP. Further, a member of a particular Bidder Consortium cannot be member of
any other Bidder Consortium applying for RFP;

members of the Consortium shall enter into a binding Joint Bidding Agreement, in the
form specified at Form A5 (the Jt. Bidding Agreement). The Jt. Bidding Agreement,
to be submitted along with the bid, shall, inter alia:

convey the intent to form SPV (ADP) with shareholding/ ownership equity
commitment(s) in accordance with the SHA, which would enter into the
Concession and Development Agreement (CADA) and subsequently perform
all the obligations of the Concessionaire in terms of the Concession and
Development Agreement (CADA), in case the concession to undertake the
Project is awarded to the Consortium;

clearly outline the proposed roles and responsibilities, if any, of each member;
commit the minimum equity stake to be held by each member;
commit and undertake that the members of the Consortium shall each hold
subscribed and paid-up equity of ADP as per the terms and conditions of the
contract documents mentioned in the Part-3 of the RFP.

except as provided under this RFP and the Tender Documents, there shall not
be any amendment to the Jt. Bidding Agreement without the prior written
consent of the Authority.
3.1.2.10 Any entity which has been barred by any State/ Federal Government (Indian or
International), or any entity controlled by a State/ Federal Government (Indian or
International), from participating in any project, and the bar subsists as on the bid due
APCRDA

Page 36 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
date, would not be eligible to submit a bid, either individually or as member of a
Consortium.
3.1.2.11 A Bidder including any Consortium Member or Associate should, in the last 3 (three)
years, have neither failed to perform on any contract, as evidenced by imposition of a
penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration
award against the Bidder, Consortium Member or Associate, as the case may be, nor has
been expelled from any project or contract by any public entity nor have had any contract
terminated by any public entity for breach by such Bidder, Consortium Member or
Associate. Provided, however, that where a Bidder claims that its disqualification arising
on account of any cause or event specified in this section is such that it does not reflect
(a) any malfeasance on its part in relation to such cause or event; (b) any willful default
or patent breach of the material terms of the relevant contract; (c) any fraud, deceit or
misrepresentation in relation to such contract; or (d) any rescinding or abandoning of
such contract, it may make a representation to this effect to the Authority for seeking a
waiver from the disqualification hereunder and the Authority may, in its sole discretion
and for reasons to be recorded in writing, grant such waiver if it is satisfied with the
grounds of such representation and is further satisfied that such waiver is not in any
manner likely to cause a material adverse impact on the Bidding Process or on the
implementation of the Project.
3.1.2.12 In computing the Technical Eligibility and Financial Eligibility of the Bidder/
Consortium Members under Section 3.1.2.1 and 3.1.2.2 and 3.1.2.3, the Technical
Eligibility and Financial Eligibility of their respective Associates would also be eligible
hereunder.
3.1.2.13 The following conditions shall be adhered to while submitting a bid:

Bidders may format the prescribed forms included in Section-8 making due provision
for incorporation of the requested information;

information supplied by a Bidder (or other constituent Member if the Bidder is a


Consortium) must apply to the Bidder, Member or Associate named in the Bid
submission and not, unless specifically requested, to other associated companies or
firms;

in responding to the RFP submissions, Bidders should demonstrate their capabilities


in accordance with Section 3.1; and

in case the Bidder is a Consortium, each Member should substantially satisfy the
Eligibility requirements to the extent specified herein.

3.1.2.14 While the RFP is open to persons from any country, the following provisions shall apply:
APCRDA

Page 37 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

Where, on the date of the submission of bid, 25% (twenty-five per cent) or more of the
aggregate issued, subscribed and paid up equity share capital in a Bidder or its
Member is held by persons resident outside India or where a Bidder or its Member is
controlled by persons resident outside India; or

if at any subsequent stage after the date of the submission of bid, there is an acquisition
of 25% (twenty-five per cent) or more of the aggregate issued, subscribed and paid up
equity share capital or control, by persons resident outside India, in or of the Bidder
or its Member;
Then the bid submission of such Bidder or in the event described in sub clause (b)
above, the continued participation of the Bidder shall be subject to approval of the
Authority from national security and public interest perspective. The decision of
the Authority in this behalf shall be final and conclusive and binding on the Bidder.
The holding or acquisition of equity or control, as above, shall include direct or
indirect holding/ acquisition, including by transfer, of the direct or indirect legal
or beneficial ownership or control, by persons acting for themselves or in concert
and in determining such holding or acquisition, the Authority shall be guided by
the principles, precedents and definitions contained in Indian laws, including
under 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 Bidder shall promptly inform the Authority of any change in the shareholding,
as above, and failure to do so shall render the Bidder liable for disqualification
from the Bidding Process.

3.1.2.15 Notwithstanding anything to the contrary contained herein, in the event that the Bid Due
Date falls within 3 (three) months of the closing of the latest financial year of a Bidder, it
shall ignore such financial year for the purposes of its Bid submission and furnish all its
information and certification for 3 (three) years preceding its latest financial year. For the
avoidance of doubt, financial year shall, for the purposes of the Bid hereunder, mean the
accounting year followed by the Bidder in the course of its normal business.

3.2

General terms of Bidding

3.2.1

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

3.2.2

Bidders may treat the OPP proposal only as a reference document. Bidders may carry out

APCRDA

Page 38 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
their own studies, surveys and other detailed examination before submitting their Bids.
The Authority is not bound by or liable whatsoever in relation to or arising out of any or
all contents of the OPP proposal.
3.2.3

Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the draft CADA and the SHA shall be binding and shall have overriding
effect over this RFP in case of a conflict; provided, however, that any conditions or
obligations imposed on the Bidder hereunder shall continue to have effect in addition to
its obligations under the CADA and the SHA (in case of Successful firm / consortium,
even after execution of CADA and the SHA).

3.2.4

The Bid should be furnished in the formats mentioned in the Section 8, Bidding forms.

3.2.5

Commercial bids should clearly indicate the bid parameter in both figures and words,
and authorized/ encrypted by the Bidders authorized personnel. In the event of any
difference between figures and words, the amount indicated in words shall be taken into
account.

3.2.6

Participating bidders will have to pay a sum of INR 25,00,000 (INR Twenty Five Lakh)
vide a Demand Draft drawn on a Scheduled Bank, payable at Vijayawada, Andhra
Pradesh towards bid processing fee. The scanned version of such Demand Draft shall
be uploaded on the APeProcurement portal at the time of uploading the Bid. The
original of the Demand Draft shall be submitted at the time of hard copy submission of
the Bid.

3.2.7

The Bidder shall submit a Bid Security equivalent to Rs. 6,35,50,000 (Indian Rupees six
crore thirty five lakh and fifty thousand) in accordance with the provisions of this RFP.
The Bidder should provide the Bid Security in the form of a Bank Guarantee, acceptable
to the Authority, as per format at Form A2.

3.2.8

The validity period of the Bank Guarantee, as the case may be, shall not be less than 60
days from the end of the Bid Validity Period, inclusive of a claim period of 60 (sixty) days,
and may be extended as may be mutually agreed between the Authority and the Bidder.
The Bid shall be summarily rejected if it is not accompanied by the Bid Security. The Bid
Security shall be refundable not later than 60 (sixty) days from the end of the Bid Validity
Period except in the case of the Successful Challenger Bidder.

3.2.9

The Bidder should submit a Power of Attorney as per the format at Form A3, authorizing
the signatory of the Bid to commit the Bidder.

3.2.10 In case the Bidder is a Consortium, the Members thereof should furnish a Power of
Attorney in favor of the Lead Member in the format at Form A4.
APCRDA

Page 39 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
3.2.11 Any condition or qualification or any other stipulation contained in the Bid shall render
the Bid liable to rejection as a non-responsive Bid.
3.2.12 The Bid and all communications in relation to or concerning the Tender Documents and
the Bid shall be in English language.
3.2.13 The Tender Documents including this RFP and all attached documents are and shall
remain the property of the Authority and are transmitted to the Bidders solely for the
purpose of preparation and the submission of a Bid in accordance herewith. Bidders are
to treat all information as strictly 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.
3.2.14 A Bidder shall be liable for disqualification and forfeiture of Bid Security if any legal,
financial or technical adviser of the Authority in relation to the Project is engaged by the
Bidder in any manner for matters related to or incidental to such Project during the
Bidding Process or subsequent to the (i) issue of the LOA or (ii) execution of the CADA.
In the event any such adviser is engaged by the Selected Firm/ Consortium or
Concessionaire, as the case may be, after issue of the LOA or execution of the CADA,
then notwithstanding anything to the contrary contained herein or in the LOA or the
CADA and without prejudice to any other right or remedy of the Authority, including
the forfeiture and appropriation of the Bid Security, which the Authority may have
thereunder or otherwise, the LOA or the CADA, as the case may be, shall be liable to be
terminated without the Authority being liable in any manner whatsoever to the Selected
Firm/ Consortium or Concessionaire for the same. For the avoidance of doubt, this
disqualification shall not apply where such adviser was engaged by the Bidder, its
Member or Associate in the past but its assignment expired or was terminated prior to
the Bid Due Date. Nor will this disqualification apply where such adviser is engaged after
a period of 3 (three) years from the date of completion of development of Phase 1 of the
Project.
3.2.15 This RFP is not transferable.
3.2.16 Any award of Concession pursuant to this RFP shall be subject to the terms of Tender
Documents.

3.3

Change in composition of the Consortium

Change in the composition of a Consortium or creation of a Consortium by a single entity bidder


will not be permitted by the Authority during the Bidding Process. Bidder proposing a change

APCRDA

Page 40 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
in the consortium or creating a Consortium would be disqualified from the Bidding Process.

3.4

Change in Ownership

3.4.1

By submitting the Bid, the Bidder shall also be deemed to have acknowledged and agreed
that in the event of a change in control (directly or indirectly) of a Consortium Member
or an Associate whose Technical Capacity and/or Financial Capacity was taken into
consideration for the purposes of the RFP, the Bidder shall be deemed to have knowledge
of the same and shall be required to inform the Authority forthwith along with all
relevant particulars about the same and the Authority may, in its sole discretion,
disqualify the Bidder or withdraw the LOA from the Selected Firm/ Consortium, as the
case may be. In the event such change in control occurs after signing of the CADA but
prior to expiry of a period of 5 years therefrom, it would, notwithstanding anything to
the contrary contained in the CADA, be deemed to be a breach of the CADA, and the
same shall be liable to be terminated without the Authority being liable in any manner
whatsoever to the Concessionaire, without prejudice to any other rights or remedies that
may be available to the Authority/CCDMC under the Tender Documents and/ or the
CADA or SHA or otherwise.

3.4.2

The Bidder 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 and Development Agreement (CADA) and the SHA, and a breach hereof
shall be deemed to be a breach of Change in Ownership and dealt with as per the
provisions of CADA and the SHA.

3.5

Number of Bids and Cost of Bidding

3.5.1

No Bidder shall submit more than one Bid for the Project. A Bidder 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.

3.5.2

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

3.6

Site visit and verification of information

APCRDA

Page 41 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
3.6.1

Bidders are encouraged to submit their respective Bids after visiting the Project site and
ascertaining for themselves the site conditions, location, surroundings, climate, access to
site, handling and storage of materials, applicable laws and regulations, and any other
matter considered relevant by them.

3.7

Acknowledgement by Bidder

3.7.1

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

made a complete and careful examination of the Tender Documents;

received all relevant information requested from the Authority;

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


information provided in the Tender Documents or furnished by or on behalf of the
Authority relating to any of the matters referred to in sections above;

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

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


information provided in the Tender Documents or ignorance of any of the matters
referred to in sections hereinabove shall not be a basis for any claim for compensation,
damages, extension of time for performance of its obligations, loss of profits etc. from
the Authority, or a ground for termination of the Concession and Development
Agreement (CADA);

acknowledged that it does not have a Conflict of Interest;

represented and warranted that its Bid is in compliance with and conforms to the
provisions of this RFP;

agreed to be bound by the provisions hereof and also by the undertakings provided
by it under and in terms hereof; and

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

3.8

Verification and Disqualification

3.8.1

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

APCRDA

Page 42 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
submitted by the Bidder in response to the Tender Documents and the Bidder shall, when
so required by the Authority, make available all such information, evidence and
documents as may be necessary for such verification. Any such verification, or lack of
such verification, by the Authority shall not relieve the Bidder of its obligations or
liabilities hereunder nor will it affect any rights of the Authority thereunder.
3.8.2

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

at any time, a material misrepresentation is made or uncovered, or

the Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the Bid.

3.8.3

Such misrepresentation/ improper response shall lead to the disqualification of the


Bidder. If the Bidder is a Consortium, then the entire Consortium and each Member may
be disqualified / rejected. If such disqualification / rejection occurs after the Bids have
been opened and the Highest Challenger Bidder gets disqualified / rejected, then the
Authority reserves the right to:

invite the remaining Bidders to submit their Bids in accordance with this RFP; or

proceed in the manner set out in Section 4.3.4.4 and 4.3.4.5 below; or

take any such measure as may be deemed fit in the sole discretion of the Authority,
including annulment of the Bidding Process.

3.8.4

In case it is found during the evaluation or at any time before signing of the Concession
and Development Agreement (CADA) or after its execution and during the period of
subsistence thereof, that one or more of the eligibility conditions have not been met by
the Bidder, or the Bidder has made material misrepresentation or has given any
materially incorrect or false information, the Bidder shall be disqualified forthwith if not
yet appointed as the Concessionaire either by issue of the LOA or entering into of the
CADA, and if the Selected Firm/ Consortium has already been issued the LOA or has
entered into the CADA, 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 Selected Firm/ Consortium or the
Concessionaire, as the case may be, without the Authority being liable in any manner
whatsoever to the Selected Firm/ Consortium or Concessionaire. In such an event, the
Authority shall be entitled to forfeit and appropriate the Bid Security (if not already
returned), as Damages, without prejudice to any other right or remedy that may be
available to the Authority under the Tender Documents and/ or the CADA, or otherwise.

3.9

Right to accept and to reject any or all Bids

APCRDA

Page 43 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
3.9.1

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

3.9.2

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

APCRDA

Page 44 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
B.

DOCUMENTS

3.10

Contents of the RFP

3.10.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below,
and will additionally include any Addenda issued in accordance with Section 3.12.
PART 1 Introduction and Scope
Section 1.

Introduction and Scope of project

Section 2.

Original Project Proponent (OPP) Proposal

PART 2 Bidding Procedures


Section 3.

Instructions to Bidders

Section 4.

Evaluation of Bids

Section 5.

Fraud and Corrupt Practices

Section 6.

Pre-Bid Conference

Section 7.

Miscellaneous

Section 8.

Bidding forms

PART 3 Contract Agreements


Section 9.

Draft Concession and Development Agreement

Section 10.

Draft Shareholders Agreement

Section 11.

Addenda to the CADA and SHA

PART 4 Appendices
Section 12.

3.11

Appendices

Clarifications

3.11.1 Bidders requiring any clarification on the RFP may notify the Authority in writing by email in accordance with Section 3.15.7. They should send in their queries before the date
mentioned in the Schedule of Bidding Process specified in Section 1.3. The Authority shall
endeavour to respond to the queries within the period specified therein. The responses
will be sent by fax or e-mail. The Authority will forward all the queries and its responses

APCRDA

Page 45 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
thereto, to all Bidders without identifying the source of queries.
3.11.2 The Authority shall endeavour to respond to the questions raised or clarifications sought
by the Bidders. However, the Authority reserves the right not to respond to any question
or provide any clarification, in its sole discretion, and nothing in this section shall be taken
or read or interpreted as compelling or requiring the Authority to respond to any
question or to provide any clarification.
3.11.3 The Authority may also on its own motion, if deemed necessary, issue interpretations
and clarifications to all Bidders. All clarifications and interpretations issued by the
Authority shall be deemed to be part of the Tender 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.

3.12

Amendment of RFP

3.12.1 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,
modify the RFP by the issuance of Addenda.
3.12.2 Any Addendum thus issued will be uploaded on the e-tendering portal
https://tender.apeprocurement.gov.in/login.html
3.12.3 In order to afford the Bidders a reasonable time for taking an Addendum into account,
or for any other reason, the Authority may, at its own discretion, extend the Bid Due
Date.

APCRDA

Page 46 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
C.

PREPARATION AND SUBMISSION OF BIDS

3.13

Language

3.13.1 The Bid and all related correspondence and documents in relation to the Bidding Process
shall be in English language. Supporting documents and printed literature furnished by
the bidder with the bid may be in any other language provided that they are accompanied
by translations of all the pertinent passages in the English language, duly authenticated
and certified by the bidder. Supporting materials, which are not translated into English,
may not be considered. For the purpose of interpretation and evaluation of the bid
submission, the English language translation shall prevail.

3.14

Format and Signing of Bid

3.14.1 The Bidder 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 summarily rejected.
3.14.2 The Bidder shall submit the bids online as well as in hard copy (the Hard Copy). While
the online submission of the bids shall be made as per the terms set in this RFP, the hard
copy shall include all the documents except the Commercial bid of the bidder. For
evaluation purpose, only the online submission made by the various bidders shall be
taken into consideration. The hard copy of the bids (except for the Commercial bids) are
for the facilitation of the authority.
3.14.3 For the hard copy submission, the Bidder shall prepare 3 sets of the Bid clearly marked
as HARD COPY. In the event of any discrepancy between the online submission and
the hard copy, the online submission shall prevail.
3.14.4 The Bid documents shall be typed or written in indelible ink. They shall be signed by the
authorized signatory of the Bidder who shall also initial each page of the Bid documents
(including Appendices) in blue ink. In case of printed and published documents, only the
cover shall be initialed. All the alterations, omissions, additions or any other amendments
made to the Bid shall be initialed by the person(s) signing the Bid. Such signed bid
documents shall be scanned and uploaded for online submission and shall be printed
and submitted for Hard Copy submission. The hard copy of the Bid documents shall
contain page numbers and shall be bound together in a manner that does not allow
replacement of any page.

APCRDA

Page 47 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

3.15

Sealing and Marking of Bids

3.15.1 The Bidder shall upload the Bid in the format specified at Section 8 (Bidding Forms) of
this RFP. The bid shall be uploaded in three separate parts as under:

Part I: Supporting documents to the Bid

Part II: Eligibility Submission

Part III: Commercial Bid

3.15.2 The Supporting documents to the Bid shall be uploaded under Supporting documents
required from the vendor page in the Bidder dashboard of the APeProcurement portal
(https://tender.apeprocurement.gov.in/login.html). The documents shall include:
Form A1. Format for Letter of Bid;
Form A2. Bid Security in the prescribed format;
Form A3. Power of Attorney for signing of Bid in the prescribed format
Form A4. If applicable, the Power of Attorney for Lead Member of Consortium in
the prescribed format);
Form A5. If applicable, Copy of the Joint Bidding Agreement, in case of a
Consortium;
Form A6. Anti-Collusion certificate;
Form A7. Format for Project Undertaking
Form A8. Format for Affidavit;
Form A9. Statement of Legal Capacity Signatory
3.15.3 The following documents corresponding to the Eligibility Submission shall be uploaded
as part of Part II Eligibility Submission (the Eligibility Submission). All of these
documents are to be uploaded together in order through encryption under the Eligibility
Submission head of the Bid forms section in the Bidder dashboard of the
APeProcurement portal.
Form B1. Particulars of the Bidder
Form B2. Technical Eligibility - Summary
Form B3: Technical Eligibility - Certification by Government/ Govt. Entity
Form B4. Technical Eligibility - Certification by Statutory Auditor
Form B5. Financial Eligibility - Summary

APCRDA

Page 48 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form B6. Financial Eligibility - Certification by Statutory Auditor
Form B7: Certificate from Statutory Auditor/ Company Secretary regd.
Associate
3.15.4 The following document corresponding to the Commercial Bid shall be submitted as a
part of Part III Commercial Bid (the Commercial Bid)
Form C. Commercial Bid Letter (duly filled in to quote the REVENUE SHARE
payable to the Authority). This Form C is included only for the perusal of
the bidders and the same NEED NOT BE PRINTED AND SIGNED for
the submission. A Form similar to Form-C shall be included in the
Commercial

Bid

section

of

the

Bidder

dashboard

on

the

APeProcurement portal. The Bidder is required to fill in the Revenue


Share and other particulars within the blanks specified in the online form
and submit through key encryption.
3.15.5 All the submissions discussed above as part of the bids shall be uploaded/ submitted on
the following e-tendering portal.
https://tender.apeprocurement.gov.in/login.html
3.15.6 All the Hard Copy submissions discussed above, shall be placed inside the Outer
Envelope along with Part I and Part II placed in 2 separate envelopes. The Outer Envelope
shall be sealed, labelled as BID FOR SELECTION OF THE DEVELOPER FOR
DEVELOPMENT OF 6.84 SQ.KM START-UP PROJECT OF AMARAVATI ON PUBLIC
PRIVATE PARTNERSHIP (PPP) MODE THROUGH SWISS CHALLENGE APPROACH
UNDER THE APIDE ACT, 2001 and NOT TO BE OPENED BEFORE THE DUE DATE/
TIME FOR BID SUBMISSION AND OPENING. In addition, the Bid Due Date should be
indicated on the right hand top corner of each of the envelopes.
3.15.7 Each of the envelopes shall be addressed to:
Commissioner
Andhra Pradesh Capital Region Development Authority (APCRDA)
Lenin Center, Governor Pet, VIJAYAWADA - 520002
ANDHRA PRADESH - INDIA.
Phone: +91 - 866 - 2577475
email: amaravati.ppp@apcrda.org
3.15.8 If the Hard Copy submissions are not sealed and marked as instructed above, the
APCRDA

Page 49 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Authority assumes no responsibility for the misplacement or premature opening of the
contents of the Bid submitted.
3.15.9 Bids submitted by fax, telex, telegram or e-mail shall not be entertained and shall be
rejected.

3.16

Bid Due Date

3.16.1 Bids should be submitted before the bid submission closing time on the Bid Due Date on
the e-tendering portal mentioned in Section 3.15 in the manner and form as detailed in
this RFP.
3.16.2 The Hard Copy of the bid should be submitted as per the guidelines mentioned in the
Section 3.14 and 3.15 of the RFP. A receipt thereof should be obtained from the authorized
official.
3.16.3 The Authority may, in its sole discretion, extend the Bid Due Date by issuing an
Addendum in accordance with Section 3.12 uniformly for all Bidders.

3.17

Late Bids

3.17.1 Bids cannot be submitted on e-tendering portal after the specified time on the Bid Due
Date. In such case, any attempt by the bidders to submit hard copies shall not be eligible
for consideration and shall be summarily rejected.

3.18

Modifications/ Substitution/ Withdrawal of Bids

3.18.1 The Bidder may modify, substitute or withdraw its Bid submissions prior to Bid Due
Date. No Bid shall be modified, substituted or withdrawn by the Bidder on or after the
Bid Due Date.
3.18.2 The Hard Copy of the modification, substitution or withdrawal notice shall be prepared,
sealed, marked, and delivered in accordance with Section 3.15, with the envelopes being
additionally marked MODIFICATION, SUBSTITUTION or WITHDRAWAL, as
appropriate.
3.18.3 Any alteration/ modification in the Bid or additional information supplied subsequent
to the Bid Due Date, unless the same has been expressly sought for by the Authority, shall
be disregarded.
APCRDA

Page 50 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

3.19

Validity of Bids

3.19.1 The Bids shall be valid for a period of not less than 180 (one hundred and eighty) days
from the Bid Due Date (the Bid Validity Period). The validity of Bids may be extended
by mutual consent of the respective Bidders and the Authority.

3.20

Confidentiality

3.20.1 Information relating to the examination, clarification, evaluation and recommendation


for the Bidders shall not be disclosed to any person who is not officially concerned with
the process or is not a retained professional advisor advising the Authority in relation to,
or matters arising out of, 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 required/directed to do so under applicable
laws or by any statutory entity that has the power under law to require such disclosure
or such disclosure is required to enforce or assert any right or privilege of any statutory
/ governmental entity and/ or the Authority.

APCRDA

Page 51 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
D.

BID SECURITY

3.21

Bid Security

3.21.1 The Bidder shall furnish as part of its Bid, a Bid Security referred to in Section 1.2.6
hereinabove in the form of a bank guarantee issued by a nationalized bank, or a
Scheduled Bank in India having a net worth of at least Rs. 1,000 Crore, in favour of the
Authority in the format at Form A2 (the Bank Guarantee) and having a validity period
of not less than 60 days from the end of the Bid Validity Period, as the same may be
extended by mutual agreement between the Authority and the Bidder from time to time.
In case the Bank Guarantee is issued by a foreign bank outside India, confirmation of the
same by any nationalized bank in India is required. For the avoidance of doubt,
Scheduled Bank shall mean a bank as defined under Section 2(e) of the Reserve Bank of
India Act, 1934.
3.21.2 Any Bid not accompanied by the Bid Security shall be rejected by the Authority as nonresponsive.
3.21.3 Save and except as provided in Section 3.2 and 3.8 above, the Bid Security shall be
refundable not later than 60 (sixty) days end of the Bid Validity Period, except in the case
of the Highest Challenger Bidder, on acceptance of the Bid of the Selected Firm/
Consortium or when the Bidding Process is cancelled by the Authority.
3.21.4 The Selected Firm/ Consortiums Bid Security will be returned, without any interest,
upon the Bidder signing the Concession and Development Agreement (CADA).
3.21.5 The Authority shall be entitled to forfeit and appropriate the Bid Security as mutually
agreed genuine pre-estimated compensation / damages to the Authority in any of the
events specified in Section 3.2 and 3.8 herein below. The Bidder, 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 during the Bid Validity Period.
3.21.6 The Bid Security shall be forfeited and appropriated by the Authority 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 hereunder or otherwise, under the following
conditions:

If a Bidder submits a non-responsive Bid;

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


undesirable practice or restrictive practice as specified in Section 5 of this RFP;

APCRDA

Page 52 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

If a Bidder withdraws its Bid during the Bid Validity Period as specified in this RFP
and as extended by the Bidder from time to time;

In the case of Selected Firm/ Consortium, if it fails within the specified time limit to,

- sign and return duplicate copy of LoA, or


- sign the Concession and Development Agreement (CADA).

APCRDA

Page 53 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

EVALUATION OF BIDS

4.1

Opening and Evaluation of Bids

4.1.1

The Authority shall open the Bids at the specified time on the date and place specified in
Section 1.3 and 1.4 and in the presence of the Bidders who choose to attend.

4.1.2

Bids for which a notice of withdrawal has been submitted in accordance with Section 3.1
shall not be opened.

4.1.3

The Authority will subsequently examine and evaluate the Bids in accordance with the
provisions set out in this Section 4.

4.1.4

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

4.1.5

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

4.1.6

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

4.1.7

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


formats other than those specified herein, the Authority may, in its sole discretion,
exclude the same from the evaluation.

4.1.8

In the event that a Bidder claims credit for a project for purposes of Technical Eligibility,
and such claim is determined by the Authority as incorrect or erroneous, the Authority
shall reject such claim and exclude the same from the evaluation. Where any information
is found to be patently false or amounting to a material misrepresentation, the Authority
reserves the right to reject the Bid in accordance with the provisions of Section 5

4.1.9

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

4.1.10 After the evaluation of eligible bids, the Authority will announce a list of eligible bidders
for opening of commercial bids. At the same time, the Authority may notify the other
Bidders that they have not been selected. The Authority will not entertain any query or
clarification from Bidders who fail to qualify.

APCRDA

Page 54 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

4.2

Commercial Bid parameter

4.2.1

Commercial bids are invited for the Project on the basis of the percentage Revenue Share
as mentioned in the OPP Proposal and the CADA document. The Revenue Share shall
constitute the sole criteria for evaluation of Commercial Bids.

4.3

Evaluation and Selection process


The evaluation and selection process will be carried out by the Authority over 4 substages as detailed below.

4.3.1

First step - Tests of responsiveness of the bid


Prior to evaluation of Bids, the Authority shall determine whether each submission is
responsive to the requirements of the RFP. As part of this assessment, the Authority
shall open the Part-1 of the submission (supporting documents to the bid, as
mentioned in Section 3.15) and assess if the submission is in conformity with the terms
and conditions of the RFP. A Bid shall be considered responsive only if:

it is received as per the format at Section 3.15

it is received by the Bid Due Date including any extension thereof pursuant to Section
1.3;

it is submitted/ uploaded as stipulated in Section 3.15.5;

it is accompanied by the Bid Security as specified in Section 3.21;

it is accompanied by the Power(s) of Attorney as specified in Section 3.1, as the case


may be;

it contains all the information (complete in all respects) as requested in this RFP
and/or Tender Documents (in formats same as those specified);

it does not contain any condition or qualification; and

it is not non-responsive in terms hereof.


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

4.3.2

Second step Evaluation of Eligibility


The Authority shall proceed to evaluate the Eligibility Submission based upon the
Documentary evidence submitted by the Bidders and the clarifications submitted by the

APCRDA

Page 55 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Bidders in response to the clarifications sought by the Authority, in support of their
eligibility to the criteria mentioned in the RFP.
Bidders meeting the minimum Eligibility requirement will be eligible for the next stage
of the selection process i.e. opening of the Commercial bid. All such bidders shall be
informed about their qualification and shall be invited for the opening of commercial
bids.

4.3.3

Third Step Opening of Commercial bids


In the third Step, Authority shall open the Commercial bid of those Bidders who have
been qualified by it after the evaluation of the Eligibility Submission. The commercial bid
envelope of the OPP will be placed in front of all eligible bidders before the opening of
respective commercial bids on the procurement platform. The Bidder quoting the highest
Revenue Share in its Commercial bid shall be considered further as detailed in Section
4.3.4.

4.3.4

Fourth Step Selection under Swiss Challenge Approach

4.3.4.1 Identification of Highest Challenger Bidder

The Bidder adjudged as responsive and eligible in terms of Section 4.3.2, and quoting
the highest Revenue Share offered to the Authority shall be declared as the Highest
Challenger Bidder (the Highest Challenger Bidder).

In the event that two or more Bidders quote the same amount of Revenue Share (the
"Tie Highest Challenger Bidders"), the Authority shall identify the Selected Firm/
Consortium by draw of lots, which shall be conducted, with prior notice, in the
presence of the Tie Bidders who choose to attend.

In the event that no Bidder participates in this RFP or no bidder becomes eligible or
the sole bidder/ all bidders withdraw, there would not be any Highest Challenger
Bidder.

4.3.4.2 Opportunity to OPP to match

As explained in Section-1, the Government of Andhra Pradesh has decided to follow


Swiss Challenge Approach of identifying successful firm/ consortium for the
development of 6.84 sq. km. Amaravati Start-up Area based on the proposal
submitted by an original project proponent (OPP).

APCRDA

Page 56 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

The Authority is putting the OPPs proposal for Challenge through the Swiss
Challenge Approach under APIDEA, 2001, to seek the best offer of percentage of
Revenue Share from qualified challenger bidders.

In case the Highest Challenger Bidder is identified as per Section 4.3.4.1,


After identification of the Highest Challenger Bidder as per the terms and

conditions of this RFP, the OPPs Commercial Bid envelope will be opened in
front of all eligible bidders and the OPP will be offered the opportunity to match
or better the bid received from the Highest Challenger Bidder, if such bid is
superior to that submitted by the OPP.
If (a) the offer of OPP is superior to the best bid received from challenging

bidders, or as the case may be (b) the OPP matches or betters the best bid
received from the challenging bidders (if such bid is superior to the offer of
OPP), then OPP will be selected for the development of the Start-up Area and
GoAP will issue Letter of Award (LOA) (the Letter of Award or LOA)to the
OPP and will enter into a Concession and Development Agreement (CADA)
with the SPV (ADP) formed by the OPP.
In all other cases the Highest Challenger Bidder that has submitted the best bid

will be selected for the development of the Start-up Area and GoAP will issue
Letter of Award (LOA) to the Highest Challenger Bidder and will enter into a
Concession and Development Agreement (CADA) with the SPV (ADP) formed
by the Highest Challenger Bidder.

In such an event OPP will be reimbursed the Proposal Preparation Cost as specified
in this bid document by the Authority. The Proposal Preparation Cost shall in
turn be paid by the Highest Challenger Bidder to theAuthority, pursuant to
which the GoAP will enter into a Concession and Development Agreement
(CADA) with the ADP (SPV formed by Highest Challenger bidder along with
CCDMC ), which will then implement the Project.

4.3.4.3 Withdrawal by Highest Challenger Bidder


In the event that the Highest Challenger Bidder withdraws for any reason in the first
instance (the first round of bidding) after the selection as per the process outlined in
Section 4.3, without prejudice to the rights and remedies of the Authority, the steps
mentioned below shall be followed,

APCRDA

Page 57 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
4.3.4.4 The Authority may invite all the remaining Bidders to revalidate or extend their
respective Bid Security, as necessary, and match the Bid of the aforesaid Highest
Challenger Bidder (the second round of bidding). If in the second round of bidding,
only one Bidder matches the Bid of the erstwhile Highest Challenger Bidder, it shall be
deemed to be the Highest Challenger Bidder. If two or more Bidders match the Bid of the
said Highest Challenger Bidder in the second round of bidding, then the Bidder whose
Bid was higher as compared to other Bidder(s) in the first round of bidding shall be
deemed to be the Highest Challenger Bidder. The OPP will then be given an opportunity
to match this Commercial bid of such Highest Challenger Bidder.
4.3.4.5 In the event that no Bidder offers to match the Bid of the Highest Challenger Bidder in
the second round of bidding as specified in Section 4.3.4.4, the Authority may, at its
discretion, invite fresh Bids (the third round of bidding) from all Bidders, except the
Highest Challenger Bidder, of the first round of bidding, or annul the Bidding Process,
as the case may be or take such other action as the Authority deems appropriate. In case
the Bidders are invited in the third round of bidding to revalidate or extend their Bid
Security, as necessary, and offer fresh Bids, they shall be eligible for submission of fresh
Bids provided, however, that in such third round of bidding only such bids shall be
eligible for consideration which are higher than the Bid of the second Highest Challenger
Bidder in the first round of bidding. The bidder quoting the revised highest Revenue
Share offered to the Authority shall be declared as the new Highest Challenger Bidder
(the New Highest Challenger Bidder). The OPP will then be given an opportunity to
match the Commercial bid of the New Highest Challenger Bidder.
4.3.4.6 If the OPP does not match the Bid of the Highest Challenger Bidder or the New Highest
Challenger Bidder, as the case may be, the Authority would issue a Letter of Award
(LOA) to the winning Highest Challenger Bidder or as the case may be the New Highest
Challenger Bidder for implementation of the Project.

4.3.5

Issue of Letter of Award

4.3.5.1 After selection as per the process mentioned in this Section 4.3.4, the LOA shall be issued,
in duplicate, by the Authority to the Selected Firm/ Consortium and the Selected Firm/
Consortium shall, within 7 (seven) days of the receipt of the LOA, sign and return the
duplicate copy of the LOA in acknowledgement of acceptance by it of the terms and
conditions contained in the LOA. In the event the duplicate copy of the LOA duly signed
by the Selected Firm/ Consortium 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.
APCRDA

Page 58 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
4.3.5.2 After acceptance of the LOA as aforesaid by the Selected Firm/ Consortium, and the
payment of the Proposal Preparation Cost (in case a Bidder other than OPP is issued the
LOA) to the Authority, the GoAP shall execute the CADA and the CCDMC shall execute
the SHA, which shall be finalized on the basis of the drafts submitted by the OPP, within
the period prescribed in Section 1.3. The Selected Firm/ Consortium shall not be entitled
to seek any deviation in the CADA and SHA.

4.4

Proposal Preparation Cost

4.4.1

Proposal Preparation Cost (the Proposal Preparation Cost) is the costs that the
Authority shall reimburse the Original Project Proponent (OPP), in the event the OPP is
not awarded the Project through the Swiss Challenge Approach. The Proposal
Preparation Cost shall in turn be paid by the selected firm/ consortium (Highest
Challenger Bidder) to the Authority before the signing of CADA. The

Proposal

Preparation Cost approved by the Government of Andhra Pradesh vide GO MS No. 170,
MA&UD(CRDA-2) Department dated 04-07-2016 is INR 7.5 Crore.

4.5

Clarifications

4.5.1

To facilitate the evaluation of bids, the Authority may, at its sole discretion, seek
clarifications from any bidder regarding its bid. Such clarification(s) shall be provided
within the time specified by the Authority for this purpose. Any request for
clarification(s) and all clarification(s) in response thereto shall be in writing to the email
id mentioned in the Section-3.14.7.

4.5.2

If a bidder does not provide clarifications sought under Section 4.6 within the prescribed
time, its bid submissions shall be liable to be rejected. In case the submitted bid is not
rejected, the Authority may proceed to evaluate the bid by construing and interpreting
the particulars requiring clarification as per its understanding, and the bidder shall be
barred from subsequently questioning such interpretation of the Authority.

4.6

Contacts during Bid Evaluation


Bids shall be deemed to be under consideration immediately after they are opened and
until such time the Authority makes official intimation of award/ rejection to the
Bidders. While the Bids are under consideration, Bidders and/ or their representatives
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.

APCRDA

Page 59 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

4.7

Confidentiality
Information relating to the examination, clarification, evaluation, and recommendation
for the short-listed qualified Bidders shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional advisor advising
the Authority in relation to, or matters arising out of, or concerning the Bidding Process.
The Authority will treat all information, submitted as part of Bid, in confidence and will
require all those who have access to such material to treat the same in confidence. The
Authority may not divulge any such information unless it is directed to do so by any
statutory/Governmental entity that has the power under law to require its disclosure
or such disclosure is required to enforce or assert any right or privilege of any statutory
or Governmental entity and/ or the Authority or such disclosure is required by law or
in connection with any legal process.

4.8

Correspondence with bidder


Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to acceptance or rejection of any Bid.

APCRDA

Page 60 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

FRAUD AND CORRUPT PRACTICES

The Bidders and their respective officers, employees, agents and advisers shall observe the
highest standard of ethics during the Bidding Process and subsequent to the issue of the LOA
and during the subsistence of the Concession and Development Agreement (CADA).
Notwithstanding anything to the contrary contained herein, or in the LOA or the Concession and
Development Agreement (CADA), the Authority shall reject a Bid, withdraw the LOA, or
terminate the Concession and Development Agreement (CADA), as the case may be, without
being liable in any manner whatsoever to the Bidder or Concessionaire, as the case may be, if it
determines that the Bidder or Concessionaire, as the case may be, has, directly or indirectly or
through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice in the Bidding Process. In such an event, the Authority shall forfeit
and appropriate the Bid Security as mutually agreed genuine pre-estimated compensation and
damages payable to the 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 hereunder
or otherwise.
Without prejudice to the rights of the Authority hereinabove and the rights and remedies which
the Authority may have under the LOA or the Concession and Development Agreement
(CADA), if a Bidder or Concessionaire, as the case may be, is found by the Authority to have
directly or indirectly or through an agent, engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practice during the
Bidding Process, or after the issue of the LOA or the execution of the Concession and
Development Agreement (CADA), such Bidder or Concessionaire shall not be eligible to
participate in any tender or RFP issued by the Authority during a period of 2 (two) years from
the date such Bidder or Concessionaire, as the case may be, is found by the Authority to have
directly or indirectly or through an agent, engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case
may be.
For the purposes of this Section 5, the following terms shall have the meaning hereinafter
respectively assigned to them:

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, employee,
agent or adviser of the Authority who is or has been associated in any manner, directly
or indirectly with the Bidding Process or the LOA or has dealt with

matters

concerning the Concession and Development Agreement (CADA) or arising


APCRDA

Page 61 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
therefrom, before or after the execution thereof, at any time prior to the expiry of one
year from the date such official resigns or retires from or otherwise ceases to be in the
service of the 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 and Development Agreement (CADA), as the case
may be, any person in respect of any matter relating to the Project or the LOA or the
Concession and Development Agreement (CADA), who at any time has been or is a
legal, financial or technical adviser of the Authority

in relation to any matter

concerning the Project; or (iii) any violation of the (Indian) Prevention of Corruption
Act, 1988, as amended from time to time

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;

coercive practice means impairing or harming, or threatening to impair or harm,


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

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

restrictive practice means forming a cartel or arriving at any understanding or


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

APCRDA

Page 62 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

PRE-BID CONFERENCE

Pre-Bid conferences of the Bidders shall be convened at the designated date, time and place. Only
representatives of registered bidders (single firms or consortiums who have collected the OPP
documents) can attend the pre-bid conference. . A maximum of three representatives of each
Bidder shall be allowed to participate on production of authority letter from the Bidder.
During the course of Pre-Bid conferences, the Bidders will be free to seek clarifications and make
suggestions for consideration of the Authority. The Authority shall endeavour to provide
clarifications and such further information as it may, in its sole discretion, consider appropriate
for facilitating a fair, transparent and competitive Bidding Process.
The Bidders should note that any verbal response or information provided by the Authority
during the Pre-Bid Conference is only for the information of the bidders and shall not constitute
a part of the Tender Documents. The Bidders are encouraged to submit their queries as per the
set procedure which would be answered by the Authority.

APCRDA

Page 63 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

MISCELLANEOUS

The Bidding Process shall be governed by, and construed in accordance with, the laws of India
and the Courts at Andhra Pradesh 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;

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;

consult with any Bidder in order to receive clarification or further information;

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

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.

It shall be deemed that by submitting the Bid, the Bidder agrees and releases the Authority, its
employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all
liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising
from this RFP including 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.

APCRDA

Page 64 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

BIDDING FORMS

8.1

Enclosures of the Bid

APCRDA

Page 65 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form A1

FORMAT FOR LETTER OF BID

[On the Letter Head of the Bidder (in case of Single Bidder) or Lead Member
(in case of a Consortium)]
Date:
The Commissioner
Andhra Pradesh Capital Region Development Authority
Lenin Centre, Governorpet,
Vijayawada 520 002
Andhra Pradesh, India

Request for Proposal (RFP) for Development of 6.84 sq. km. Start-up Area of Amaravati
Capital city on Public Private Partnership (PPP) Mode through Swiss Challenge Approach
under the APIDEA, 2001
Dear Sir,
With reference to your RFP document dated .., I/we, having examined the RFP document
and understood its contents, hereby submit my/our Bid for the aforesaid project. The Bid is
unconditional and unqualified.

I/ We acknowledge that the Authority will be relying on the information provided in


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

This statement is made for the express purpose of applying as a Bidder for the
aforesaid Project.

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

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

APCRDA

Page 66 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

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

I/ We declare that:

I/ We have examined and have no reservations to the RFP document, including any
Addendum issued by the Authority;

I/ We do not have any conflict of interest in accordance with Section 3.1 of the RFP
document;

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 Section 5 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, Central or State;
and

I/ We hereby certify that we have taken steps to ensure that in conformity with the
provisions of Section 5 of the RFP document, no person acting for us or on our behalf
has engaged or will engage in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice.

I/ We understand that you may cancel the Bidding Process at any time and that you
are neither bound to accept any Bid that you may receive nor to invite the Bidders to
Bid for the Project, without incurring any liability to the Bidders, in accordance with
Section 7 of the RFP document.

I/ We believe that we/ our Consortium satisfy(s) the Technical and Financial
Eligibility criteria and meet(s) all the requirements as specified in the RFP document.

I/ We declare that we/ any Member of the Consortium, or our/ its Associates are not
a Member of a/ any other Consortium applying for RFP.

I/ We certify that in regard to matters other than security and integrity of the country,
we/ any Member of the Consortium or any of our/ their Associates have not been
convicted by a court 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.

APCRDA

Page 67 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

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

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


against us/ any Member of the Consortium or against our/ their Associates or against
our CEO or any of our directors/ managers/ employees.

I/ We further certify that we are qualified to submit a Bid in accordance with the
guidelines for qualification of bidders seeking to acquire stakes in Public Sector
Enterprises through the process of disinvestment issued by the GOI vide Department
of Disinvestment OM No. 6/4/2001-DD-II dated 13th July, 2001 which guidelines
apply mutatis mutandis to the Bidding Process. A copy of the aforesaid guidelines
form part of the RFP at Appendix 1 thereof.

I/We further certify that we/ any Member of the Consortium or any of our/ their
Associates are not barred by the Central Government or State Government or any
entity controlled by it, from participating in any project, and no bar subsists as on the
date of Bid.

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
provisions of this RFP, we shall intimate the Authority of the same immediately.

The Statement of Legal Capacity as per format provided at Form A9 of the RFP
document, and duly signed, is enclosed. The power of attorney for signing of Bid and
the power of attorney for Lead Member of consortium, as per format provided at Form
A3 and A4 respectively of the RFP, are also enclosed.

I/ We understand that the selected Firm/ Consortium shall incorporate an SPV under
the Indian Companies Act, 1956/2013 by signing the SHA with CCDMC, prior to
execution of the CADA.

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

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.
APCRDA

Page 68 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Yours faithfully,

Date:

(Signature, name and designation of the Authorized Signatory)

Place:

Name and seal of the Bidder/ Lead Member

APCRDA

Page 69 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form A2

BANK GUARANTEE FOR BID SECURITY


(Refer Clauses 3.21 of the RFP Document)

B.G. No.

Dated:

1. In consideration of you, .., having its office at ,


(hereinafter referred to as the Authority, which expression shall unless it be repugnant
to the subject or context thereof include its, successors and assigns) having agreed to
receive the Bid of (a company registered under the Companies Act,
1956/ 20131) and having its registered office at (and acting on
behalf of its Consortium) (hereinafter referred to as the Bidder which expression shall
unless it be repugnant to the subject or context thereof include its/their executors,
administrators, successors and assigns), for the .. Project
(hereinafter referred to as the Project) pursuant to the RFP Document dated
issued in respect of the Project and other related documents including
without limitation the draft SHA and draft CADA (hereinafter collectively referred to
as Tender Documents), we (Name of the Bank) having our registered office at
and one of its branches at .. (hereinafter referred
to as the Bank), at the request of the Bidder, do hereby in terms of Clauses 1.2.9 and
3.2 of the RFP Document, irrevocably, unconditionally and without reservation
guarantee the due and faithful fulfilment and compliance of the terms and conditions of
the Tender Documents (including the RFP Document) by the said Bidder and
unconditionally and irrevocably undertake to pay forthwith to the Authority an amount
of Rs. . (Rupees .. only) (hereinafter referred to as the
Guarantee) as our primary obligation without any demur, reservation, recourse,
contest or protest and without reference to the Bidder if the Bidder shall fail to fulfil or
comply with all or any of the terms and conditions contained in the said Tender
Documents.

A Bidder who is registered abroad may substitute the words, viz. a company registered under the

Companies Act, 1956/2013 by the words, viz. a company duly organized and validly existing under the
laws of the jurisdiction of its incorporation. A similar modification may be made in Recital 2, as necessary.

APCRDA

Page 70 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
2. Any such written demand made by the Authority stating that the Bidder is in default of
the due and faithful fulfilment and compliance with the terms and conditions contained
in the Tender Documents shall be final, conclusive and binding on the Bank.
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable
under this Guarantee without any demur, reservation, recourse, contest or protest and
without any reference to the Bidder or any other person and irrespective of whether the
claim of the Authority is disputed by the Bidder or not, merely on the first demand from
the Authority stating that the amount claimed is due to the Authority by reason of
failure of the Bidder to fulfil and comply with the terms and conditions contained in the
Tender Documents including failure of the said Bidder to keep its Bid open during the
Bid Validity Period as set forth in the said Tender Documents for any reason whatsoever.
Any such demand made on the Bank shall be conclusive as regards amount due and
payable by the Bank under this Guarantee. However, our liability under this Guarantee
shall be restricted to an amount not exceeding Rs. (Rupees
. only).
4. This Guarantee shall be irrevocable and remain in full force for a period of 180 (one
hundred and eighty) days from the Bid Due Date inclusive of a claim period of 60 (sixty)
days or for such extended period as may be mutually agreed between the Authority and
the Bidder, and agreed to by the Bank, and shall continue to be enforceable till all
amounts under this Guarantee have been paid.
5. We, the Bank, further agree that the Authority shall be the sole judge to decide as to
whether the Bidder is in default of due and faithful fulfilment and compliance with the
terms and conditions contained in the Tender Documents including, inter alia, the
failure of the Bidder to keep its Bid open during the Bid Validity Period set forth in the
said Tender Documents, and the decision of the Authority that the Bidder is in default
as aforesaid shall be final and binding on us, notwithstanding any differences between
the Authority and the Bidder or any dispute pending before any Court, Tribunal,
Arbitrator or any other authority.
6. The Guarantee shall not be affected by any change in the constitution or winding up of
the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the
Bank with any other person.
7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the
Bank as the principal debtor. The Authority shall have the fullest liberty without
affecting in any way the liability of the Bank under this Guarantee from time to time to
vary any of the terms and conditions contained in the said Tender Documents or to
extend time for submission of the Bids or the Bid Validity Period or the period for
conveying acceptance of Letter of Award by the Bidder or the period for fulfilment and
compliance with all or any of the terms and conditions contained in the said Tender
Documents by the said Bidder or to postpone for any time and from time to time any of
APCRDA

Page 71 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
the powers exercisable by it against the said Bidder and either to enforce or forbear from
enforcing any of the terms and conditions contained in the said Tender Documents or
the securities available to the Authority, and the Bank shall not be released from its
liability under these presents by any exercise by the Authority of the liberty with
reference to the matters aforesaid or by reason of time being given to the said Bidder or
any other forbearance, act or omission on the part of the Authority or any indulgence by
the Authority to the said Bidder or by any change in the constitution of the Authority or
its absorption, merger or amalgamation with any other person or any other matter or
thing whatsoever which under the law relating to sureties would but for this provision
have the effect of releasing the Bank from its such liability.
8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given
or made if addressed to the Bank and sent by courier or by registered mail to the Bank
at the address set forth herein.
9. We undertake to make the payment on receipt of your notice of claim on us addressed
to [name of Bank along with branch address] and delivered at our above branch which
shall be deemed to have been duly authorised to receive the said notice of claim.
10. It shall not be necessary for the Authority to proceed against the said Bidder before
proceeding against the Bank and the guarantee herein contained shall be enforceable
against the Bank, notwithstanding any other security which the Authority may have
obtained from the said Bidder or any other person and which shall, at the time when
proceedings are taken against the Bank hereunder, be outstanding or unrealised.
11. We, the Bank, further undertake not to revoke this Guarantee during its currency except
with the previous express consent of the Authority in writing.
12. The Bank declares that it has power to issue this Guarantee and discharge the obligations
contemplated herein, the undersigned is duly authorised and has full power to execute
this Guarantee for and on behalf of the Bank.
13. For the avoidance of doubt, the Banks liability under this Guarantee shall be restricted
to Rs. crore (Rupees .......... crore only). The Bank shall be liable to
pay the said amount or any part thereof only if the Authority serves a written claim on
the Bank in accordance with paragraph 9 hereof, on or before [. (indicate date as per
the terms of the RFP)].
Signed and Delivered by . Bank
By the hand of Mr./Ms .., its .. and authorised official.
(Signature of the Authorised Signatory)
(Official Seal)

APCRDA

Page 72 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form A3

FORMAT FOR POWER OF ATTORNEY FOR SIGNING BID


(On a Stamp Paper of relevant value)

POWER OF ATTORNEY

Know all men by these presents, We.. (name of the firm


and address of the registered office) do hereby irrevocably constitute, nominate, appoint and
authorise Mr/ Ms (name), son/daughter/wife of
and presently residing at ., who is presently employed with us/ the Lead
Member of our Consortium and holding the position of . , as our true
and lawful attorney (hereinafter referred to as the Attorney) to do in our name and on our
behalf, all such acts, deeds and things as are necessary or required in connection with or
incidental to submission of our bid for the Project proposed or being
developed by the .................. (the Authority) including but not limited to
signing and submission of all bids and other documents and writings, participate in Pre-Bids and
other conferences and providing information/ responses to the Authority, representing us in all
matters before the Authority, signing and execution of all contracts including the SHA and
CADA and undertakings consequent to acceptance of our bid, and generally dealing with the
Authority in all matters in connection with or relating to or arising out of our bid for the said
Project and/ or upon award thereof to us and/or till the entering into of the SHA and CADA.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney
in exercise of the powers hereby conferred shall and shall always be deemed to have been done
by us.

IN WITNESS WHEREOF WE, ., THE ABOVE NAMED PRINCIPAL


HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS DAY OF . 2..
For
..
(Signature, name, designation and address)

APCRDA

Page 73 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Witnesses:
1.
(Notarised)
2.

Notes:

To be executed by the sole Bidder or the Lead Member in case of a Consortium as the
case may be.

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

Wherever required, the Bid should submit for verification the extract of the charter
documents and documents such as a board or shareholders resolution/ power of
attorney in favour of the person executing this Power of Attorney for the delegation
of power hereunder on behalf of the Bid.

For a Power of Attorney executed and issued overseas, the document will also have
to be legalised by the Indian Embassy and notarised in the jurisdiction where the
Power of Attorney is being issued. However, the Power of Attorney provided by
Bidders from countries that have signed the Hague Legislation Convention 1961 are
not required to be legalised by the Indian Embassy if it carries a conforming Apostille
certificate.

APCRDA

Page 74 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form A4

FORMAT FOR POWER OF ATTORNEY FOR LEAD MEMBER OF CONSORTIUM


(On a Stamp Paper of relevant value)

POWER OF ATTORNEY

Whereas the .. (the Authority) has invited bids from interested


parties for the . Project (the Project).

Whereas, .., .., .. and ..


(collectively the Consortium) being Members of the Consortium are interested in bidding for
the Project in accordance with the terms and conditions of the Request for Proposal (RFP) 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 Consortiums bid for the
Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, .. having our registered office at .., M/s.


.. having our registered office at .., M/s. ..
having our registered office at .., and .. having our registered
office at .., (hereinafter collectively referred to as the Principals) do hereby
irrevocably designate, nominate, constitute, appoint and authorize M/S ..
having its registered office at .., being one of the Members of the Consortium,
as the Lead Member and true and lawful attorney of the Consortium (hereinafter referred to as
the Attorney). We 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
APCRDA

Page 75 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
of its bid for the Project, including but not limited to signing and submission of all bids and other
documents and writings, accept the Letter of Award, participate in bidders and other
conferences, respond to queries, submit information/ documents, sign and execute contracts and
undertakings consequent to acceptance of the bid of the Consortium and generally to represent
the Consortium in all its dealings with the Authority, and/ or any other Government Agency or
any person, in all matters in connection with or relating to or arising out of the Consortiums bid
for the Project and/ or upon award thereof till the Concession and Development 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 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 . 2..
For ..
(Signature)
..
(Name & Title)
For ..
(Signature)
..
(Name & Title)
For ..
(Signature)
..
(Name & Title)

APCRDA

Page 76 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Witnesses:
1.
2.

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

Note:

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

Also, wherever required, the Bidder should submit for verification the extract of the
charter documents and documents such as a board or shareholders resolution/
power of attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Bidder.

For a Power of Attorney executed and issued overseas, the document will also have
to be legalised by the Indian Embassy and notarised in the jurisdiction where the
Power of Attorney is being issued. However, the Power of Attorney provided by
Bidders from countries that have signed the Hague Legislation Convention 1961 are
not required to be legalised by the Indian Embassy if it carries a conforming Apostille
certificate.

APCRDA

Page 77 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form A5

JOINT BIDDING AGREEMENT


(Refer Section 3.1)
(To be executed on Stamp paper of appropriate value)

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


AMONGST
1.

Limited, a company incorporated under the Companies Act, 1956/2013 and


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

AND
2.

Limited, a company incorporated under the Companies Act, 1956/2013 and


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

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, {THIRD} PART are collectively
referred to as the Parties and each is individually referred to as a Party

A Bidder who is registered abroad may substitute the words, viz. a company registered under the

Companies Act, 1956/2013 by the words, viz. a company duly organized and validly existing under the
laws of the jurisdiction of its incorporation. A similar modification may be made in Recital 2, as necessary.

APCRDA

Page 78 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
WHEREAS,
(A)

Andhra Pradesh Capital Region Development Authority (APCRDA), established under


the Andhra Pradesh Capital Region Development Authority Act, 2014, represented by its
Commissioner and having its principal offices at Lenin Center, Governorpet, Vijayawada
520 002, Andhra Pradesh, India (hereinafter referred to as the Authority which
expression shall, unless repugnant to the context or meaning thereof, include its
administrators, successors and assigns) has invited bids (the Bids) by its Request for
Proposal No. dated (the RFP) for development of 6.84 sq. km. Startup Area of Amaravati Capital city on Public Private Partnership (PPP) Mode through
Swiss Challenge Approach under the APIDEA, 2001 (the Project).

(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 Bid.

NOW IT IS HEREBY AGREED as follows:


1.

Definitions and Interpretations


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

2.

Consortium

2.1

The Parties do hereby irrevocably constitute a consortium (the Consortium) for the
purposes of jointly participating in the Bidding Process for the Project.

2.2

The Parties hereby undertake to participate in the Bidding Process only through this
Consortium and not individually and/ or through any other consortium constituted for
this Project, either directly or indirectly or through any of their Associates.

3.

Covenants
The Parties hereby undertake that in the event the Consortium is declared the Successful
Bidder and awarded the Project, it shall incorporate a special purpose vehicle (the SPV)
as Joint Venture between the Successful Bidder (58%) and the CCDMC (42%) under the
Indian Companies Act, 2013 and execute the Concession and Development Agreement
(CADA) with the Authority and Shareholders Agreement (SHA) with CCDMC.

APCRDA

Page 79 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
4.

Role of the Parties


The Parties hereby undertake to perform the roles and responsibilities as described
below:

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 signing of CADA and SHA;

Party of the Second Part shall be {the Member of the Consortium;}

Party of the Third Part shall be the {Member of the Consortium; and}

5.

Shareholding in the SPV

5.1

The Parties agree that the proportion of shareholding among the Parties in the SPV shall
be as follows:
First Party:
Second Party:
{Third Party:}

5.2

The Parties undertake that a minimum of 26% (twenty-six per cent) each of the subscribed
and paid up equity share capital of the SPV/ ADP shall be held by the Parties of the First,
{Second and Third} Part whose Technical and Financial Eligibility have been reckoned
for the purposes of qualification of Bidders for the Project in terms of the RFP.

5.3

The Parties undertake to adhere to the provisions of the Change in Ownership as per
Section 3.4 of the RFP document.

5.5

The Parties undertake that replacement of any Member of the Consortium shall be as per
the provisions of the APIDEA.

5.5

The Parties undertake that they shall comply with all equity lock-in requirements set forth
in the SHA and CADA.

6.

Representation of the Parties


Each Party represents to the other Parties as of the date of this Agreement that:

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

APCRDA

Page 80 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

The execution, delivery and performance by such Party of this Agreement has been
authorised by all necessary and appropriate corporate or governmental action and a
copy of the extract of the charter documents and board resolution/ power of attorney
in favour of the person executing this Agreement for the delegation of power and
authority to execute this Agreement on behalf of the Consortium Member is annexed
to this Agreement, and will not, to the best of its knowledge:
a. require any consent or approval not already obtained;
b. violate any Applicable Law presently in effect and having applicability
to it;
c. violate the memorandum and articles of association, by-laws or other
applicable organisational documents thereof;
d. violate any clearance, permit, concession, grant, license or other
governmental authorisation, approval, judgement, order or decree or
any mortgage agreement, indenture or any other instrument to which
such Party is a party or by which such Party or any of its properties or
assets are bound or that is otherwise applicable to such Party; or
e. 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;

this Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and

there is no litigation pending or, to the best of such Party's knowledge, threatened to
which it or any of its Associates 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 fulfilment of its obligations under this Agreement.

7.

Termination
This Agreement shall be effective from the date hereof and shall continue in full force and
effect until the signing of the SHA and CADA, in case the Project is awarded to the
Consortium. However, in case the Consortium does not get selected for award of the
Project, the Agreement will stand terminated upon return of the Bid Security by the

APCRDA

Page 81 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Authority to the Bidder.
8.

Miscellaneous

8.1

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

8.2

The Parties acknowledge and accept that this Agreement shall not be amended by the
Parties without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND


DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.
SIGNED, SEALED AND DELIVERED

SIGNED, SEALED AND DELIVERED

For and on behalf of


LEAD MEMBER by:

SECOND PART
(Signature)

(Signature)

(Name)

(Name)

(Designation)

(Designation)

(Address)

(Address)

SIGNED, SEALED AND DELIVERED


For and on behalf of
THIRD PART
(Signature)
(Name)
(Designation)
(Address)
In the presence of:
1.

APCRDA

2.

Page 82 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form A6

FORMAT FOR ANTI-COLLUSION CERTIFICATE

Anti-Collusion Certificate

We hereby certify and confirm that in the preparation and submission of this Bid, we have not
acted in concert or in collusion with any other Bidder or other person(s) and also not done any
act, deed or thing which is or could be regarded as anti-competitive, restrictive or monopolistic
trade practice.

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 Bid.

Dated this ______________ Day of ________________, 200_

Name of the Bidder

__________________________________
Signature of the Authorised Person

__________________________________
Name of the Authorised Person

Note:

To be executed by all the Members in case of Consortium.

APCRDA

Page 83 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form A7

FORMAT FOR PROJECT UNDERTAKING

The Vice Chairman,


Andhra Pradesh Capital Region Development Authority,
Lenin Center, Governorpet, Vijayawada - 520002, A.P, India

Re: Development of Start-up Area Project on PPP

We have read and understood the Bid Document in respect of the captioned project provided to
us by APCRDA.
We hereby agree and undertake as under:

Notwithstanding any qualifications or conditions, whether implied or otherwise,


contained in our Bid we hereby represent and confirm that our Bid is unqualified and
unconditional in all respects.

We are not barred by APCRDA, Government of India, Government of Andhra


Pradesh, any state government, any Foreign Government or any of their agencies from
participating in similar projects.

Dated this ___________________ Day of _______________, 201_.

Name of the Bidder


_________________________________
Signature of the Authorised Person
_________________________________
Name of the Authorized Person
Note: To be signed by the Lead Member in case of a Consortium.

APCRDA

Page 84 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form A8

FORMAT FOR AFFIDAVIT


(Separate Affidavits are to be submitted by each member in case bidder is a Consortium)
(Affidavit should be executed on a Non Judicial stamp paper of Rs 100/- or such equivalent document
duly attested by Notary Public)

I, the undersigned, do hereby certify that all the statements made in the Bid are true
and correct

The undersigned also hereby certifies that neither our firm M/s. nor any
of its directors / constituent partners have abandoned any work in India and / abroad
nor any contract awarded to us for such works have been terminated for reasons
attributed to us, during last five years prior to the date of this bid nor have been barred
by any agency of GOI or GOAP or any foreign Government or its agencies from
participating in any projects of BOT or otherwise

The undersigned hereby authorize(s) and request(s) any bank, person, firm or
corporation to furnish pertinent information deemed necessary as requested by
APCRDA to verify this statement or regarding my (our) competence and general
reputation

The undersigned understands and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the APRCDA
Signed by an authorized officer of the firm

Designation of officer

Name of Firm

Date

APCRDA

Page 85 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form A9

FORMAT FOR STATEMENT OF LEGAL CAPACITY


(To be forwarded on the letterhead of the Bidder/ Lead Member of Consortium)
Ref. Date:
To,
.
..
..
Dear Sir,

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

We have agreed that (insert members name) will act as the Lead Member of
our consortium. We have agreed that .. (insert individuals 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 authorized signatory is vested with requisite powers
to furnish such letter and authenticate the same.

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorized signatory)

For and on behalf of.

APCRDA

Page 86 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

8.2

Eligibility Submission

APCRDA

Page 87 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
GUIDELINES
ELIGIBILITY

FOR

PROVIDING

INFORMATION

RELATED

TO

TECHNICAL

The Bidder/ Member/ Associate shall submit its financial statements as per IFRS.

The Statutory Auditor issuing the certification for Technical Eligibility of the Bidder
must hold a valid Certificate of Practice.

GUIDELINES
ELIGIBILITY

FOR

PROVIDING

INFORMATION

RELATED

TO

FINANCIAL

The Bidder should provide the Financial Eligibility based on its own audited financial
statements. Financial Eligibility of the Bidder's parent company or its subsidiary or
any associate company (who are not Members of the Consortium) will be considered
for computation of the Financial Eligibility of the Bidder.

Instructions for calculation of Financial Eligibility:

Cash Accruals = Profit After Tax + Depreciation


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

The Bidder shall provide audited Annual Reports as required under this Bid
Document. For a Consortium, audited Annual Reports of all Members shall be
provided.

In case of a Consortium comprising of members with holdings in each other, the


cross holdings between the group companies comprising part of the Consortium
will be deducted for the purpose of Net Worth calculations.

APCRDA

Page 88 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form B1

PARTICULARS OF THE BIDDER

(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

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

Particulars of individual(s) who will serve as the point of contact/ communication for the
Bidder:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone No:
(f) E-mail Address:
(g) Fax No:

Particulars of the Authorised Signatory of the Bidder:


(a) Name:
(b) Designation:
(c) Address:
(d) Telephone No.
(e) E-mail address:
(f) Fax No.

In case of Consortium:

APCRDA

Page 89 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

The information above (1-4) should be provided for all the Members of the
Consortium

A copy of the Jt. Bidding Agreement as envisaged in Form A5 should be attached to


the Bid.

Information regarding role of each Member should be provided as per table below

Sl.
No.

Name
Member

of

Role of the Member

Percentage of
Consortium

equity

in

the

1
2
3

The following information shall also be provided for the Bidder, including each
Member of the Consortium:
Name of Bidder/ member of Consortium:

No.

Criteria

1.

Has the Bidder/ constituent of the Consortium


been barred by the Central/ State/ Foreign
Government, or any entity controlled by it,
from participating in any project?

2.

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


on the date of Bid?

3.

Has the Bidder/ constituent of the Consortium


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

Yes

No

A statement by the Bidder and each of the Members of its Consortium (where applicable) or
any of their Associates disclosing material non-performance or contractual non-compliance

APCRDA

Page 90 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
in past projects, contractual disputes and litigation/ arbitration in the recent past is given
below (Attach extra sheets, if necessary):

APCRDA

Page 91 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form B2

FORMAT FOR ESTABLISHING TECHNICAL ELIGIBILTY

Criteria Details of Projects in last 10 years


Mappin Projec Projec Projec
#

Units

t1

t2

t3

Tota
.. .. l

1 Name of Project
2 Location of Project

All

3 Project Cost (INR) for the extent


developed
4 Name of the Entity Executing the
Project
5 In Case the Entity is
Subsidiary/Associate than indicate
the Shareholding
6 Year of Commencement for the
extent developed
7 Year of Completion for the extent
developed
8 Type of Project
(Residential/Commercial/Integrate
d Township/SEZ/IT-ITES
Parks/industrial Parks)
9 Extent of Area Developed

Hectare A
s

10 Extent of Developed Area marketed Hectare E


s
11 Project Components /Development

APCRDA

Page 92 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Criteria Details of Projects in last 10 years
Mappin Projec Projec Projec
#

Units

Sq. ft.

Sq. ft.

t1

t2

t3

Tota
.. .. l

Mix
12 Extent of Built-up Area within the
area developed
13 Extent of Built-up Area Marketed
14 Current employment generated

within the area developed


15 Whether developed under JV with

Yes/No D

local Govt./ Govt. entity (Indian or


International)

(Signature, name and designation of the authorized signatory)

Note:

The filled up Form B2 to be signed by an authorized signatory of the bidder.

The information mentioned in the Form B2 shall be certified as per the requirements
specified in the Section 3.1.2.2.

The formats for such certifications are included in Form B3 and B4.

Any additional supporting information for the Form B2 may be separately appended
by the bidders.

Provide details of only those projects that have been undertaken by the Bidder under
its own name and/ or by an Associate specified in Section 3.1.

In case credit is claimed for an Associate, necessary evidence to establish the


relationship of the Bidder with such Associate, in terms of Section 3.1, and as per the
format prescribed in Form B7 of the RFP shall be provided.

The Project Experience Form shall be filled in accordance with the guidelines provided
in Section 8.2 above.

APCRDA

Page 93 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

The above stated experience shall also be duly certified by a Statutory Auditor in the
format provided as Form B4.

The Bidder should provide details for each of the Projects separately.

For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees 65


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

APCRDA

Page 94 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form B3

FORMAT FOR CERTIFYING TECHNICAL ELIGIBILITY

CERTIFICATION BY GOVERNMENT/ GOVERNMENT ENTITY/ LOCAL AUTHORITY


(For the information listed in Form B2 against each of the referred projects, the certification is to be
submitted as per the Evidence requirements specified in Section 3.1.2.2)

<The bidder is free to use a convenient format for this certificate as per the following guidelines>

Include the name and location of the project

Specify the details of the project such as Area, BUA, Development period, Employment
created, Joint Venture with Govt./ Govt. entity, time period of project development and
other applicable aspects to establish the eligibility requirements specified in Section
3.1.2.2

Certificate to be signed by an authorized senior representative of the Government

Any other details as may be necessary to establish the bidders experience

1.

APCRDA

Page 95 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form B4

FORMAT FOR CERTIFYING TECHNICAL ELIGIBILTY

CERTIFICATION BY STATUTORY AUDITOR


(For the information listed in Form B2 against each of the referred projects, the certification is to be
submitted as per the Evidence requirements specified in Section 3.1.2.2)

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

We further certify that....


<as per the requirements>..
....

Name of the audit firm:


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

Note:

The information mentioned in the Form B2 shall be certified as per the requirements
specified in the Section 3.1.2.2.

The formats for such certifications are included in Form B3 and B4.

Any additional supporting information for the Form B2 may be separately appended
by the bidders.

APCRDA

Page 96 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

Provide details of only those projects that have been undertaken by the Bidder under
its own name and/ or by an Associate specified in Section 3.1.

In case credit is claimed for an Associate, necessary evidence to establish the


relationship of the Bidder with such Associate, in terms of Section 3.1, and as per the
format prescribed in Form B7 of the RFP shall be provided.

The Project Experience Form shall be filled in accordance with the guidelines provided
in Section 8.2 above.

The above stated experience shall also be duly certified by a Statutory Auditor in the
format provided as Form B4.

The Bidder should provide details for each of the Projects separately.

For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees 65


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

APCRDA

Page 97 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form B5

FORMAT FOR ESTABLISHING FINANCIAL ELIGIBILITY

NET WORTH AND NET CASH ACCRUALS FORM

Net Worth
(Rs. Crore)

Cash Accruals (CA)


(Rs. Crore)

Bidder Type
Year ..

Year ..

Year

Year

TOTAL
CA

Single Entity
Bidder

Consortium
Member 1

Consortium
Member 2

Consortium
Member 3
TOTAL

Name & address of Bidders Bankers:


For conversion of other currencies into rupees, see notes below,

Signature of Authorised Person

APCRDA

Page 98 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Note:

The filled up Form B5 to be signed by an authorized signatory of the bidder.

The information mentioned in the Form B5 shall be certified as per the requirements
specified in the Section 3.1.2.3.

The formats for such certifications are included in Form B6.

For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees 65


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

The Bidder should provide details of its own Financial Eligibility or of an Associate
specified in Section 3.1.

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

reflect the financial situation of the Bidder or Consortium Members and its/
their Associates where the Bidder is relying on its Associates financials;

be audited by a statutory auditor;


be complete, including all notes to the financial statements; and
correspond to accounting periods already completed and audited (no statements
for partial periods shall be requested or accepted).

Net Cash Accruals shall mean Profit After Tax + Depreciation.

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).

In case the Bid Due Date falls within 3 (three) months of the close of the latest financial
year, refer to Clause 3.1.2.3.
The Bidder shall provide an Auditors Certificate specifying the Net Worth and Net

Cash Accrual of the Bidder and also specifying the methodology adopted for
calculating such Net Worth and Net Cash Accrual in accordance with Clause 3.1.2.3
of the RFP document.
Form B6
APCRDA

Page 99 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

FORMAT FOR CERTIFYING FINANCIAL ELIGIBILTY


(For the information listed in Form B5 against each of the referred projects, the certification is to be
submitted as per the Evidence requirements specified in Section 3.1.2.3)

CERTIFICATION BY STATUTORY AUDITOR

This is to certify that M/s ____________________ (Name of the Bidder) has Net Worth and Cash
Accruals (calculated in accordance with the RFP Document) as set out in the following tables:
Net Worth and Net Cash Accruals
SN

Particulars as per the


Audited Balance Sheet

Year

Year

Year .

TOTAL

Net Cash Accruals


1

Profit After Tax (PAT)

Depreciation

Net Cash Accruals = (1+2)

Net Worth
4

Subscribed and Paid up


Equity

Reserves

Revaluation reserves

Miscellaneous expenditure
not written off

Reserves not available for


distribution to equity share
holders

10

Net Worth = (4+5-6-7-8)

APCRDA

Page 100 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

Name of the audit firm:


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

Note:

The information mentioned in the Form B5 shall be certified as per the requirements
specified in the Section 3.1.2.3.

The formats for such certifications are included in Form B6.

For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees 65


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

The Bidder should provide details of its own Financial Eligibility or of an Associate
specified in Section 3.1.

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

reflect the financial situation of the Bidder or Consortium Members and its/
their Associates where the Bidder is relying on its Associates financials;

be audited by a statutory auditor;


be complete, including all notes to the financial statements; and
correspond to accounting periods already completed and audited (no statements
for partial periods shall be requested or accepted).

Net Cash Accruals shall mean Profit After Tax + Depreciation.

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).

APCRDA

Page 101 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

In case the Bid Due Date falls within 3 (three) months of the close of the latest financial
year, refer to Clause 3.1.2.3.
The Bidder shall provide an Auditors Certificate specifying the Net Worth and Net

Cash Accrual of the Bidder and also specifying the methodology adopted for
calculating such Net Worth and Net Cash Accrual in accordance with Clause 3.1.2.3
of the RFP document.

APCRDA

Page 102 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form B7

CERTIFICATE FROM STATUTORY AUDITOR/ COMPANY SECRETARY REGARDING


ASSOCIATE$
Based on the authenticated record of the Company, this is to certify that more than 50% (fifty per
cent) of the subscribed and paid up voting equity of (name of the Bidder/ Consortium
Member/ Associate) is held, directly or indirectly, by .. (name of Associate/ Bidder/
Consortium Member). By virtue of the aforesaid share-holding, the latter exercises control over the
former, who is an Associate in terms of Clause 3.1.1.3 of the RFP.
A brief description of the said equity held, directly or indirectly, is given below:
{Describe the share-holding of the Bidder/ Consortium Member and the Associate. In the event the
Associate is under common control with the Bidder/ Consortium Member, the relationship may be suitably
described and similarly certified herein.}

Name of the audit firm:


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

$ In the event that the Bidder/ Consortium Member exercises control over an
Associate by operation of law, this certificate may be suitably modified and copies of
the relevant law may be enclosed and referred to.

In the case of indirect share-holding, the intervening companies in the chain of


ownership should also be Associates i.e., the share-holding in each such company
should be more than 50% in order to establish that the chain of control is not broken.

APCRDA

Page 103 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

8.3

Commercial Bid

APCRDA

Page 104 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Form C
FORMAT FOR COMMERCIAL BID

Date:
The Commissioner
Andhra Pradesh Capital Region Development Authority

Dear Sir,
With reference to your Tender Documents No. .. dated .., I/we, having
examined the Tender Documents and understood their contents, hereby submit my/our
Commercial Bid in accordance with the Tender Documents. My/our Bid is
unconditional and unqualified.
I/we propose to pay to APCRDA, ____% (in figures) ___________ (in words) of Gross
Sales Revenue i.e., the entire undisputed amount received by Amaravati Development
Partner (ADP) from sale of developed plots of land or any upfront lease premium received by
ADP for long term lease of developed plots, in favour of third party (ies), in accordance with
the Concession and Development Agreement.

Date:
Place:

Yours faithfully,
(Signature, name and designation of the Authorized signatory)
Name and seal of Bidder/Lead Member

APCRDA

Page 105 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

PART 3 CONTRACT AGREEMENTS

APCRDA

Page 106 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

CONCESSION AND DEVELOPMENT AGREEMENT

Uploaded separately on the e-Tendering Portal along with this RFP.

APCRDA

Page 107 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

10

SHAREHOLDERS AGREEMENT

Uploaded separately on the e-Tendering Portal along with this RFP.

APCRDA

Page 108 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

11

ADDENDA TO CADA & SHAREHOLDERS AGREEMENT

This Section includes the following two Addenda:


1. Addendum to the Swiss Challenge Proposal (OPP Proposal, CADA & SHA)
submitted by the Singapore Consortium on 30th May 2016 and approved by the
Government
2. Addendum to the Swiss Challenge Proposal (OPP Proposal, CADA & SHA)
submitted by the Singapore Consortium on 14th June 2016 and approved by the
Government

These documents are uploaded separately on the e-Tendering Portal along with this RFP.

APCRDA

Page 109 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

PART 4 APPENDICES

APCRDA

Page 110 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

12

APPENDICES

APCRDA

Page 111 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Appendix 1

GUIDELINES OF THE DEPARTMENT OF DISINVESTMENT SIGNATORY


(Refer Clause 1.2.1)

No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi.
Dated 13th July, 2001
OFFICE MEMORANDUM
Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector Enterprises
through the process of disinvestment
Government has examined the issue of framing comprehensive and transparent guidelines
defining the criteria for bidders interested in PSE-disinvestment so that the parties selected
through competitive bidding could inspire public confidence. Earlier, criteria like Net Worth,
experience etc. used to be prescribed. Based on experience and in consultation with concerned
departments, Government has decided to prescribe the following additional criteria for the
qualification/ disqualification of the parties seeking to acquire stakes in public sector enterprises
through disinvestment:

In regard to matters other than the security and integrity of the country, any
conviction by a Court of Law or indictment/ adverse order by a regulatory authority
that casts a doubt on the ability of the bidder to manage the public sector unit when it
is disinvested, or which relates to a grave offence would constitute disqualification.
Grave offence is defined to be of such a nature that it outrages the moral sense of the
community. The decision in regard to the nature of the offence would be taken on case
to case basis after considering the facts of the case and relevant legal principles, by the
Government of India.

In regard to matters relating to the security and integrity of the country, any chargesheet by an agency of the Government/ conviction by a Court of Law for an offence
committed by the bidding party or by any sister concern of the bidding party would
result in disqualification. The decision in regard to the relationship between the sister

APCRDA

Page 112 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
concerns would be taken, based on the relevant facts and after examining whether the
two concerns are substantially controlled by the same person/ persons.

In both (a) and (b), disqualification shall continue for a period that Government deems
appropriate.

Any entity, which is disqualified from participating in the disinvestment process,


would not be allowed to remain associated with it or get associated merely because it
has preferred an appeal against the order based on which it has been disqualified. The
mere pendency of appeal will have no effect on the disqualification.

The disqualification criteria would come into effect immediately and would apply to
all bidders for various disinvestment transactions, which have not been completed as
yet.

Before disqualifying a concern, a Show Cause Notice why it should not be disqualified
would be issued to it and it would be given an opportunity to explain its position.

Henceforth, these criteria will be prescribed in the advertisements seeking Expression


of Interest (EOI) from the interested parties. The interested parties would be required
to provide the information on the above criteria, along with their Expressions of
Interest (EOI). The bidders shall be required to provide with their EOI an undertaking
to the effect that no investigation by a regulatory authority is pending against them.
In case any investigation is pending against the concern or its sister concern or against
its CEO or any of its Directors/ Managers/ employees, full details of such
investigation including the name of the investigating agency, the charge/ offence for
which the investigation has been launched, name and designation of persons against
whom the investigation has been launched and other relevant information should be
disclosed, to the satisfaction of the Government. For other criteria also, a similar
undertaking shall be obtained along with EOI.
sd/(A.K. Tewari)

Under Secretary to the Government of India

APCRDA

Page 113 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Appendix 2

E-TENDERING INSTRUCTIONS

Following are guidelines for the submission of bids on the APeProcurement portal,
ACCESSING AND DOWNLOADING TENDER DOCUMENTS
The tender documents as defined in the RFP comprising of the RFP, the OPP Proposal, the
Contract documents and their addenda can be downloaded from the following link
https://tender.apeprocurement.gov.in/login.html
Interested bidders/ parties can download the aforementioned documents from the portal by
clicking on More as indicated below

and search by selecting Tender Category as SWISSCHALLENGEPPP. In the search results


look for Development of 6.84 sq. km Start up Area of Amaravati Capital City on Public Private
Partnership (PPP) mode through Swiss Challenge Method under the Andhra Pradesh
Infrastructure Development Enabling Act (APIDEA), 2001 and click on
details and click on

to view the tender

to download the tender documents.

PRE-REQUISITES FOR PARTICIPATION


Bidders interested to participate in this tender shall follow the following guidelines,
1. Securing Digital Signature Certificate
For participation in the online portals each bidder is required to apply and secure Digital
Signature Certificate [
APCRDA

], which is an electronic/ digital key necessary for


Page 114 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
encryption and signature while submitting/ uploading the bids online.
Bidders not having Digital Signature Certificate can apply for by one by following the
instructions mentioned in the following link
https://tender.apeprocurement.gov.in/digital-signature.html#
For foreign bidder (bidders from countries other than India), specific instructions are
included below.
As per the IT ACT 2000, all bidders who participate in the online bidding process in this
site should possess a valid Digital Signature issued by any of the Digital Signature
Certificate (DSC) vendors approved by CCA, India (https://cca.gov.in). The following
document gives the procedure that is generally followed by various vendors.
Generally, the documents that are required to be submitted by Foreign Nationals are as
follows:
1. Identity Proof (ID Proof) of the person in whose name DSC has to be issued (E.g.
Passport copy)
2. Bank account statement in country of residence, duly attested by Indian Embassy /
High Commission / Consulate / Apostille in the country where the applicant is
currently located. (At least 6 months of Bank transactions) with the proof indicating
the account is owned by the Individual.
3. Copy of the Trade license attested by any one of the authorities as specified in Point
2 above.
4. As the Individual is representing the company, an Authorization on companys letter
head as given in the form
5. Copy of the Authorization letter or invitation letter from department for the
participation in the tender by any one of the tender inviting authority.
As of now, it is learnt that GNFC, issue DSCs with the above procedure. The copy of the
nCodes and eMudhra Format is enclosed as Annexure; the Copies of other vendors will
be made available on receipt of information from these vendors.
Note: The Information given by the vendors is attached for facilitating the Foreign
Nationals to procure DSCs from the Indian CA authorized vendors for information
purpose only as shared by the respective CA's.
Please find below the details of various vendors for obtaining DSC:
1. GNFC
2. eMudhra

APCRDA

Page 115 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

Following are the instructions for the installation of Digital Signature Certification
http://www.apeprocurement.gov.in/downloads/DSC-InstallationProcess.pdf
For any queries pertaining to the Digital Signature Certificate you may write to
Amaravati.ppp@apcrda.org with the details of contact details of concerned person.
2. Registration on the APeProcurement Portal
After securing Digital Signature Certificate the first time bidders are supposed to register
their firms on the portal as per the instructions mentioned in the following link,
http://www.apeprocurement.gov.in/downloads/supplier-registration.pdf
3. Technical Guide for accessing - www.apeprocurement.gov.in
http://www.apeprocurement.gov.in/downloads/technical-guidelines.pdf

UPLOADING OF BIDS
Instructions for the upload of the bidding documents.
1. Login to the APeProcurement portal using bidders Login, Password and Digital
Signature Certificate (Key)

2. Search for the tender after logging in, the bidder needs to click on the Submit bid icon
to open the bid submission page
3. The process begins with bidder information screen, wherein the bidders need to be
update the information entered at the time of registration (if required). After this the
bidder to click on Save and continue button.
APCRDA

Page 116 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

4. Bidder to enter the EMD bank guarantee details, followed by online payment of
Transaction fee to APTS (the provider of eProcurement services). After this the bidder
to click on Save and continue button.
5. Subsequent to this the Bidder needs to enter the details of the Demand Draft to be
submitted as Bid Processing Fee. After this the bidder to click on Save and continue
button.
6. Followed by this the bidders need to upload each of the forms included in the Part-1
of the bid Supporting Documents to the bid against the Required Documents
list in the portal.

After this the bidder to click on Save and continue button which re-directed to a
page for uploading the Eligibility submission and entering the quote for the
Commercial bid.

APCRDA

Page 117 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
7. For the Eligibility submission the bidder needs click on the link against the
Eligibility stage as indicated in representative snapshot below,

Post which the bidder to compress (zip/ rar etc.) all the Forms and Supporting
documents to be submitted for establishing the Eligibility as per the RFP and upload
the compressed against the upload link, as indicated in the representative snapshot
below.

After this bidder to click on the Previous button to go back to the previous screen
to enter the quote for the Commercial Bid.
8. For the submission of the Commercial bid the bidder needs click on the link against
the Commercial Bid stage as indicated in representative snapshot below.

APCRDA

Page 118 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001

This will take the bidder to an online form which is similar to the Form C included in
the RFP. The bidder needs to enter their Commercial quote (in both figures and
words) and other details (if any) and click on Update for submission.
9. This redirects the bidder to the previous screen post which the bidder needs to click
on the Save and continue. This takes the bidder to the final submission screen
wherein the bidder needs to click on Final Bid Submission button.
10. The bidders can follow same steps to edit their submissions as many times as they
require until the closing of the bidding period as indicated in the RFP.

APCRDA

Page 119 of 120

REQUEST FOR PROPOSAL


Development of 6.84 sq. km. Start-up Area of Amaravati Capital City on Public Private Partnership
(PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001
Appendix 3

INFRASTRUCTURE SPECIFICATIONS

Uploaded separately on the e-Tendering Portal along with this RFP.

APCRDA

Page 120 of 120

Potrebbero piacerti anche