01 - RFP For MICE Hub in Amaravati PDF

Draft Concession cum Development Agreement (Part-I) for Development of MICE Hub at Amravati Capital
City in Andhra Pradesh on PPP Basis
GOVERNMENT OF ANDHRA PRADESH

INDIA
DEVELOPMENT OF MICE HUB

(INCLUDING MEGA INTERNATIONAL CONVENTION CENTRE)
AT THE CAPITAL CITY OF AMRAVATI
ON PPP BASIS
REQUEST FOR PROPOSAL

(Ref. No: 14024(34)/125/2016)
This section specifies procedures to be followed by Bidders in preparation and
submission of their Proposals and provide information on opening and evaluation
o f Proposals and award of the Project
AUGUST 2018
Issued by:
Commissioner,
Andhra Pradesh Region Development Authority (APCRDA)
Lenin Center, Governor Pet, VIJAYAWADA – 520 002
ANDHRA PRADESH – INDIA
Phone: +91 866-2577475/ Fax: +91-866-2577357
Website: https://www.crda.ap.gov.in
APCRDA, Bidding Document, Volume-1: Request for Proposal

RFP for Development of MICE Hub at Amaravati Capital City in Andhra Pradesh on PPP Basis
Request for Proposal (RFP)
APCRDA, Bidding Document, Volume-1: Request for Proposal Page i

Contents
Sl. No. Contents
Disclaimer
Glossary
1 Introduction
1.1 Background
1.1.1 Project Site and Extent
1.1.2 Project Scope
1.1.3 Master Development Plan
1.1.4 O&M of
1.1.5 Usage of Core MICE Hub Facility by the Authority/ State
Government
1.1.6 User Charges
1.1.7 Project Branding
1.1.8 Project Incentives
1.1.9 Other Broad Features of the Project
1.1.10 Mode of Implementation
1.1.11 Scope of Project
1.2 Brief description of Bidding Process
1.3 Schedule of Bidding Process
1.4 Pre-Proposal Conference
1.5 Contract Person for Clarifications and Site Visits
2 Instructions to Bidders
2A General
2.1 General Terms of Bidding
2.2 Eligibility of Bidders
2.3 Change in composition of the Consortium
2.4 Number of Proposals and costs thereof
2.5 Site visit and verification of information
2.6 Acknowledgement by Bidder
2.7 Right to accept or reject any or all Technical Proposals/
Commercial Proposals
2B Documents
2.8 Contents of the RFP
2.9 Clarifications
2.10 Amendment of RFP
APCRDA, Bidding Document, Volume-1: Request for Proposal Page ii

2C Preparation and Submission of Proposal

2.11 Language
2.12 Format and signing of Proposal
2.13 Sealing and marking of Proposals
2.14 Proposal Due Date
2.15 Late Proposals
2.16 Modifications/substitution/withdrawal of Proposals
2D Evaluation Process
2.17 Opening and Evaluation of Proposals
2.18 [Deleted]
2.19 Tests of responsiveness
2.20 Clarifications
2E Qualification and Bidding
2.21 Short-listing and notification
2.22 Opening and Evaluation of Commercial Bid
2F Bid Security
2G Miscellaneous
2.24 Submission of Proposals
2.25 Validity of Proposal
2.26 Confidentiality
2.27 Proprietary Date
2.28 Correspondence with Bidder
2.29 Foreign Direct Investment
3 Criteria for Evaluation of Technical Proposal
3.1 Evaluation parameters
3.2 Technical Capacity for purposes of evaluation
3.3 Details of Experience
3.4 Financial information for purposes of evaluation
3.5 Short-listing of Bidders
4 Criteria for Evaluation of Commercial Proposal

4.1 Opening and Evaluation of Commercial Proposals
4.2 Tests of responsiveness
4.3 Selection of Bidder
4.4 Contacts during Commercial Proposal Evaluation
4.5 Correction of Errors
4 Fraud and Corrupt Practices
5 Pre-Proposal Conference
6 Miscellaneous
Appendices
APCRDA, Bidding Document, Volume-1: Request for Proposal Page iii
I Letter Comprising the Proposal for Pre-Qualification

Annex – I Particulars of the Bidder
Annex – II Technical Capacity of Bidder
Annex – III Financial Capacity of Bidder
Annex – IV Details of Eligible Projects
Annex – V Statement of Legal Capacity
II Power of Attorney for signing of Proposals
III Power of Attorney for Lead Member of Consortium
IV Joint Bidding Agreement
V Bank Guarantee for Bid Security
V Letter Comprising Commercial Proposal
VII Guidelines of the Department of Disinvestment
VIII List of Proposal-specific provisions
APCRDA, Bidding Document, Volume-1: Request for Proposal Page iv

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 any of its employees or advisors, is provided to
Bidder(s) on the terms and conditions set out in this RFP and such other terms and
conditions subject to which such information is provided.
This RFP is not an agreement and is neither an offer nor invitation by the Authority to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in the formulation of their application
for qualification and technical proposal (the “Technical Proposal”) and commercial
proposal (the “Commercial Proposal”) pursuant to this RFP (collectively the
“Proposal”). This RFP includes statements, which reflect various assumptions and
assessments arrived at by the Authority in relation to the Project. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder
may require. This RFP may not be appropriate for all persons, and it is not possible for
the Authority, its employees or advisors to consider the investment objectives, financial
situation and particular needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in this RFP may not be complete,
accurate, adequate or correct. Each Bidder should therefore, conduct its own
investigations and analysis and should check the accuracy, adequacy, correctness,
reliability and completeness of the assumptions, assessments, statements and information
contained in this RFP and obtain independent advice from appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of
which may depend upon interpretation of law. The information given is not intended to
be an exhaustive account of statutory requirements and should not be regarded as a
complete or authoritative statement of law. The Authority accepts no responsibility for
the accuracy or otherwise for any interpretation or opinion on law expressed herein.
The Authority, its employees and advisors make no representation or warranty and shall
have no liability to any person, including any Bidder, under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,
damages, cost or expense which may arise from or be incurred or suffered on account of
anything contained in this RFP or otherwise, including the accuracy, adequacy,
correctness, completeness or reliability of the RFP and any assessment, assumption,
statement or information contained therein or deemed to form part of this RFP or arising
in any way for participation in the Bidding Process.
The Authority also accepts no liability of any nature whether resulting from negligence
or otherwise howsoever caused arising from reliance of any Bidder upon the statements
contained in this RFP.
APCRDA, Bidding Document, Volume-1: Request for Proposal Page v

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 short-list Bidders or
to appoint the selected Bidder or Concessionaire, as the case may be, for the Project and
the Authority reserves the right to reject all or any of the Technical Proposals or
Commercial Proposals without assigning any reasons whatsoever.
The Authority, its employees, advisors or consultants make no representation or warranty

and shall have no liability to any person, including any Bidder under any law, statute,
rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for
any loss, damages, cost or expense which may arise from or be incurred or suffered on
account of anything contained in this RFP or otherwise, including the accuracy,
adequacy, correctness, completeness or reliability of the RFP and any assessment,
assumption, statement or information contained therein or deemed to form part of this
RFP or arising in any way for participation in this Bid Stage. Neither the information in
this RFP nor any other written or oral information in relation to the Bidding Process for
implementing the Project or otherwise is intended to form the basis of or the inducement
for any investment activity or any decision to enter into any contract or arrangement in
relation to the Project and should not be relied as such.
The Authority and also its advisors/ consultants/ representatives/ employees accept no
liability of any nature whether resulting from negligence or otherwise, howsoever caused,
arising from reliance of any Bidder upon the statements contained in this RFP.
The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its Proposal including but not limited to preparation, copying, postage,
delivery fees, expenses associated with any demonstrations or presentations which may
be required by the Authority and also any cost relating to updating, modifying or re-
submitting its Proposal pursuant to the RFP being updated, supplemented or amended by
the Authority or any other costs incurred in connection with or relating to its Proposal.
All such costs and expenses will remain with the Bidder and the Authority shall not be
liable in any manner whatsoever for the same or for any other costs or other expenses
incurred by a Bidder in preparation or submission of the Proposal, regardless of the
conduct or outcome of the Bidding Process.
Laws of the Republic of India are applicable to this RFP.
APCRDA, Bidding Document, Volume-1: Request for Proposal Page vi

Glossary
APCRDA Andhra Pradesh Capital Region Development

Authority
Associate As defined in Clause 2.2.8
Authority As defined in Clause 1.1
Bid Parameter or Quoted Built-up As defined in Clause 1.2.8
Area
Bid Security As defined in Clause 1.2.4
Bidder(s) means an interested parties/ consortia who make
a Proposal in accordance with the provisions of
the RFP (which expression shall, unless
repugnant to the context, include the Members of
the Consortium.
Bidding Documents As defined in Clause 1.1.13
Bidding Process As defined in Clause 1.2.1
Bidding Schedule As defined in Clause 1.3
[BOT] Build, Operate and Transfer
Commercial Proposal As defined in the Disclaimer
Commercial Development Area As defined in Clause 1.1.2 (b)
Concessionaire As defined in Clause 1.1.10.5
Concession As defined in Clause 1.1.10.5
Concession cum Development As defined in Clause 1.1.10.5
Agreement
Conflict of Interest As defined in Clause 2.2.1(c)
Consortium As defined in Clause 2.2.1(a)
Damages As defined in Clause 2.2.1(c)
[DBFOT] As defined in Clause 1.1.10.1
Developer As defined in Clause 1.1.2
Development Agreement As defined in Clause 1.1.2
Eligible Experience As defined in Clause 3.2.1
Eligible Projects As defined in Clause 3.2.1
Experience Score As defined in Clause 3.2.6
Financial Capacity As defined in Clause 2.2.2 (B)
Government Government of Andhra Pradesh
Highest Bidder As defined in Clause 1.2.8
Indicative Project Cost As defined in Clause 1.1.12
Jt. Bidding Agreement As defined in Clause 2.2.5 (g)
Lead Member As defined in Clause 2.2.5 (c)
LOA Letter of Award
Member Member of a Consortium
MICE Meeting, Incentives, Convention and Exhibition
APCRDA, Bidding Document, Volume-1: Request for Proposal Page vii

Net Worth As defined in Clause 2.2.2 (B)

O&M Operation and Maintenance
PIM Project Information Memoranda
PPP Public Private Partnership
Project As defined in Clause 1.1.1
Core MICE Hub Facility As defined in Clause 1.1.2(a)
Commercial Facilities As defined in Clause 1.1.2(b)
Riverfront Development As defined in Clause 1.1.2(c)
Project Development Fee As defined in Clause 1.2.13
Project Site As defined in Clause 1.1.1
Proposal As defined in the Disclaimer
Proposal Due Date As defined in Clause 1.1.13
Qualification As defined in Clause 1.2.1
Qualification Stage As defined in Clause 1.2.1
Quoted Built-up Area or Bid As defined in Clause 1.2.8
Parameter
Re. or Rs. or INR Indian Rupee
RFP or Request for Proposals As defined in Clause 1.2.1
RFP As defined in the Disclaimer
RFP Process Fee As defined in Clause 1.2.12
RoW Right of Way
Selected Bidder As defined in Clause 4.3.1
Shareholders Agreement(s) or As defined in Clause 1.1.10.1
SHA(s)
SPC-1 or SPC-2 or SPV-1 or SPV- As defined in Clause 1.1.10.1
2
Technical Proposal As defined in the Disclaimer
Technical Capacity As defined in Clause 2.2.2 (A)
Threshold Technical Capacity As defined in Clause 2.2.2 (A)
The words and expressions beginning with capital letters and defined in this document
shall, unless repugnant to the context, have the meaning ascribed thereto herein above.
APCRDA, Bidding Document, Volume-1: Request for Proposal Page viii

1. INTRODUCTION$
1.1. Background
Andhra Pradesh Capital Region Development Authority (APCRDA) (the

“Authority” or “APCRDA”) has been constituted under Andhra Pradesh Capital
Region Development Authority Act, 2014 (Act.No.11 of 2014) for the purposes
of planning, execution, financing and promoting the Amaravati Capital Region
and Amaravati Capital City area for the state of Andhra Pradesh. In line with
this, a Detailed Master Plan, Zonal Regulations, and Integrated Infrastructure
Master Plan has been prepared and notified by the Authority for Amaravati
Capital City which can be downloaded from
https://crda.ap.gov.in/APCRDA/Downloads/MasterPlans/DetailedMasterPlanNR.
pdf.
Amaravati, the new capital city of the State of Andhra Pradesh, is a greenfield
city being developed on 217.23 sq. km area of land along the banks of river
Krishna with horizon population of 3.5 million by 2050. It is envisioned to be
the “People’s Capital of Andhra Pradesh” and a pioneer Smart City in India.
While the city has been envisaged to capitalize the rich heritage and culture of
the region to create a unique identity, its positioning as an economic
powerhouse is expected to structurally move economic activities in the region.
Amaravati is envisioned to be one of the top centres of economic, cultural &

business activities of the South-East Asian region and a preferred destination for
Meetings, Incentives, Conventions & Exhibitions (MICE).
33,000 acre of land has been already procured through land pooling for
development of the City. Funding for initial trunk infrastructure development has
been also mobilised from World Bank and HUDCO among others and work on
the ground has started shaping up making the dream a reality.
The APCRDA has initiated the development of a State-of-the-Art MICE HUB

comprising a Mega International Convention Centre along with other allied
facilities including Exhibition Centre, Hotel(s), Multi-entertainment, Retail &
$
Instructions for Bidders
Note 1: The provisions in curly brackets shall be suitably modified by the Bidder after the RFP is issued.
(See Appendix-VIII)
Note 2: Blank spaces contain formats that are to be used by the Bidder after the RFP is issued. (See
Appendix-VIII)
Note 3: Footnotes marked “$” in the relevant Clauses of the RFP are for guidance of the Bidders. In case of
Appendices, the footnotes marked “$” or in other non-numerical characters shall be omitted by the Bidders
while submitting their respective Proposals. (See Appendix-VIII)
APCRDA, Bidding Document, Volume-1: Request for Proposal Page 1

Commercial Development (including the residential component), Food Court,

River Front – Hi-Street, Jetty, etc., at the new Greenfield Capital City of
Amaravati, wherein one of the strategically located C6 Zones (Central Business
District Zones) spread over approx. 42.0 Acres and situated along the banks of
the Krishna River, has been earmarked for the development.
As part of its implementation plans, APCRDA intends to undertake the

Development of MICE Hub at Amaravati Capital City in Andhra Pradesh on
Public Private Partnership (PPP) basis (the “Project”) and has, therefore,
decided to carry out the bidding process for selection of a private entity as the
bidder to whom the Project may be awarded.
The Authority intends to adopt open competitive bidding process for awarding
the Project in accordance with the procedure set out herein. Brief particulars of
the Project are as follows:
1.1.1. Project Site and Extent
The Authority has identified approx. 42.00 acres site at a strategic location in
the Northwest region of the Amaravati Capital City along the banks of river
Krishna (the “Project Site”). The land use of the proposed site is C6 Zone
(Central Business District Zones) as per approved Master Plan of the City.
The site is located within the planned financial hub of the city, bordering the
proposed tourism hub of the city. The site has been handpicked so as to provide
highest visibility and accessibility for the convention and exhibition facility.
At present the site is abutted by Amaravati-Karakatta Road (classified as Sub-

arterial Road with RoW of 50m) on its north and a 4-lane (expandable to 8-
lane) Seed Access Road (RoW-60m) to its South. The Seed Access Road is at
final stages of construction. The site is separated by the upcoming Vijayawada
bypass of NH 65 (9) to its East by buffer of green passive zone.
The site is more particularly defined at Schedule A of draft Concession cum

Development Agreement. Out of the total area of 42 acre, approx. 22 acre
would be reserved for MICE Hub whereas approx. 20 acre would be
available to the Selected Bidder for commercial development (including
residential component).
1.1.2. Project Scope
The Project shall be developed and implemented in distinct zones:
(a) The core part of the MICE Hub project such as convention centre,
exhibition halls and hotel and all other allied facilities and support
infrastructure facilities related to MICE Industry as described at Clause
1.1.2.1, shall be developed as one integrated zone on land area of 22
(twenty two) acre (the “Core MICE Hub Facility”) to be provided to

the Selected Bidder on lease hold basis; and
(b) the remaining 20 (twenty) acre land would be reserved for commercial
exploitation (“Commercial Development Area”) which may include
multi-entertainment, retail, commercial office space, multiplex, hotels,
residential and service apartment and other usages (the “Commercial
Facilities” or “Commercial Development”) subject to applicable land
use.
(c) The third part of the Project shall be developed as river front
development on additional land to be provided by the Authority (the
“River Front Development”) on the opposite side of Amaravati –
Karakatta Road just diagonally North of the site along river Krishna.
1.1.2.1. Core MICE Hub Facility
1.1.2.1.1. The Concessionaire shall develop the Core MICE Hub Facility on Design,
Build, Finance, Operate and Transfer (DBFOT) Basis with world class
facilities capable of holding international and national level meetings,
incentives, conventions and exhibitions. The Core MICE Hub Facility shall
be developed on a minimum area of 22 (twenty two) acres with following
facilities::
Phase-1 of the Core MICE Hub Facility shall comprise:
(a) Mega International Convention Centre: Convention Centre with Main

Hall with ceiling of minimum 15 feet high; to accommodate minimum
6000 pax in theatre-style seating (expandable to 10,000 pax capacity in
subsequent phase). This multi-purpose hall shall have no fixed seating and
shall be with partitions for conducting multiple events simultaneously. The
Mega International Convention Centre shall have following additional
facilities
(i) Foyer area (including reception area, registration area, lounge area,
aggregation area, break area etc.) commensurate to convention
centre capacity.
(ii) Smaller Meeting halls of different sizes : 30 pax to 400 pax or more
(number and capacity optional);
(iii) Board Rooms of different sizes – 10 pax to 30 pax (number and

capacity optional)

(iv) VIP Lounges and VVIP Lounges of different sizes (number and
capacity optional)
(v) Ballroom and Banquet Halls (with pre-reception area) of adequate

sizes (number and capacity optional).
(vi) Adequate space for minimum 50 stalls of minimum size of 3m x3m

in high footfall area. This could be temporary or permanent facility.
(vii) Any other complementary facility as deemed fit to the requirement

of MICE industry.
(b) Exhibition Halls (Multipurpose, Air conditioned) with minimum of

9000 sqm net carpet area for exhibition (including circulation) on
aggregate basis. Net carpet area for exhibition (including circulation) in
each hall should not be less than 3000 sqm. Net carpet area for exhibition
shall be excluding including reception and booking area or aggregation
area, common area (lift, staircase, lobby), stage area within hall,
mezzanine area (if any), washroom, lockers, storage area, back end office
area, loading and unloading area etc.
(c) Open paved facility of minimum 5000 sqm carpet area on aggregate
basis for holding exhibitions and events in open space.
(d) A Hotel of 5 Star or above category with minimum 250 keys. Where
applicable, some of the additional facilities mentioned for Convention
Centre can also be accommodated in 5-Star Hotel facility.
(e) Other optional facilities:
 Trade mart for showcasing handicraft, artifacts, gems and jewelry

and geographical indicators for B2B and export promotion.
 Office space for exhibitors, advertising and event management

entities, trade promotion bodies/ association etc.
Phase-II of the Core MICE Hub Facility shall comprise:
(a) Mega International Convention Centre: Expansion of Existing

Convention Centre to accommodate upto to 10,000 pax in theatre-style
seating.
(b) Exhibition Halls (Multipurpose, Air-conditioned): Additional

Exhibition Hall of minimum 4,500 sqm carpet area for exhibition.
1.1.2.1.2. All the facilities of Core MICE Hub Facility shall be constructed complying
with standards/ regulations / stipulations of apex international bodies
and in accordance with the provisions of the Concession cum Development

Agreement.
1.1.2.1.3. Phase wise minimum development obligations of the Concessionaire are

provided in the draft Concession cum Development Agreement.
1.1.2.2. Riverfront Development
Riverfront Development including seating arrangements, food courts etc. can

be developed on riverfront land diagonally opposite to the project site of 42
Acres. This land will be in addition to project site area of 42 acres. Land use
of additional riverfront land is classified as ‘Passive Green Zone’. The
development on this land shall be subject to applicable land use, zoning
regulations and Riverfront Master Plan to be notified by the Authority.
(i) It is the obligation of the Selected Bidder to plan and execute the
river front development opposite (in North side) to the MICE Hub
site for providing better river front experience to the MICE tourists.
(ii) Extent of the area will be decided based on the plans submitted by
the Concessionaire during Condition Precedent period. The approved
extend of the area will be provided to the Concessionaire on License
basis and the duration of license period will be co-terminus with the
Concession Period (SPC1).
(iii) Riverfront land will be provided on nominal lease rental of Rs 100

per acre for the entire license period.
(iv) All the developments proposed in Riverfront area shall be as per the
Applicable Riverfront Master Plan/ Development restrictions
proposed by APCRDA and applicable laws including any river
conservation laws applicable in the area.
(v) The riverfront development shall remain open for general public.
Entry fee to the proposed river front will be regulated by the
Authority but the Concessionaire will have the rights to charge for
value added services provided within riverfront area.
(vi) Riverfront development shall be carried out concurrently with Phase-
1 of Core MICE Hub Facility.
1.1.2.3. Commercial Facilities /Commercial Development
1.1.2.3.1. Subject to the provisions of Concession cum Development Agreement, in

consideration of designing, financing, constructing, operating and

maintaining the Core MICE Hub Facility during the Concession Period by the
Concessionaire (SPC1), the Developer (SPC2) shall become entitled to
various rights related to 20 acre area reserved for commercial development. .
1.1.2.3.2. The Developer/SPC-2 shall be allowed to develop commercial, retail,

entertainment, residential etc as part of Commercial Facilities subject to
approval by competent authority. Facilities developed as part of Commercial
Facilities shall comply with the applicable zoning regulation and Amaravati
City Master Plan (“Master Plan”) and other applicable laws.
1.1.2.3.3. Subject to provision of draft Concession cum Development Agreement, the

Commercial Development Area of 20 (twenty) acre shall be handed over to
the Developer in two tranches of 10 (ten) acre each. The Developer would be
eligible to carry out development of 10 acre (first tranche) with the right to do
market launch and advance booking of proposed built-up area along with right
to enter into agreement to sell/lease/license of the proposed built-up area as
per approved plan of development. The freehold title of the first tranche (10
acre) of Commercial Development Area shall be conveyed by the Authority to
the Developer (SPC2) on achievement of Commercial Operation Date (MICE
Hub COD) of Phase-1 of Core MICE Hub Facilities. On achievement of
MICE Hub COD, the Developer would become entitled to development rights
in remaining 10 (ten) acre of Commercial Development Area. Further details
in this regard may be referred in draft Concession cum Development
Agreeemnt .
1.1.2.3.4. The Developer (SPC2) can carry out the conveyance deed with respect to
build-up area with end users/ customers only after conveyance of freehold title
of the respective parcel of Commercial Development Area as provided in the
Concession cum Development Agreement.
1.1.3. Master Development Plan
1.1.3.1. The Selected Bidder shall prepare master development plan of entire site of
the project including that for river front development site for development and
implementation of Project in phases meeting the phase wise Minimum
Development Obligations (MDO) of the Project (as laid down in Concession
cum Development Agreement) and get it approved by the Authority in
accordance with the provisions of Concession cum Development Agreement
(“Master Development Plan”). The Master Development Plan shall clearly
delineate the land parcel(s) to be reserved for development of Core MICE Hub
Facility and Commercial Facilities respectively. The 22 acre land parcel
reserved for Core MICE Hub Facility shall be provided to the
Concessionaire/SPC-1 on leasehold basis in accordance with and on such the
terms and conditions as laid down in the Concession cum Development
Agreement. The 20 acre land parcel(s) reserved for Commercial Facilities
shall be provided to the Developer/SPC-2 on free hold basis in accordance

with and on such terms and conditions as laid down in the Concession cum
Development Agreement.
1.1.3.2. The site for Core MICE Hub Facility should be contiguous with separate
independent appropriate access and kept as a separated zone from the site for
Commercial Facilities.
1.1.3.3. The Core MICE Hub Facility and Comm ercial Faciliti es should be
developed separately independent of each other. There shall not be any
common project facilities to be shared between the Core MICE Hub Facility
and Commercial Facilities save as provided in Concession cum Development
Agreement.
1.1.4. O&M of the Project
The Concessionaire shall be responsible for operation and maintenance of the

Core MICE Hub Facility during the Concession Period and shall be responsible
for booking and scheduling of all the events held at the Core MICE Hub
Facility.
1.1.5. Usage of Core MICE Hub Facility by the Authority/ State Government
1.1.5.1.The Authority/ State Government shall be entitled to use the facilities available in
Core MICE Hub Facility for up to 20 days on a cumulative basis in a calendar
year for holding Authority/ State Government Events. The Authority shall
intimate dates of its proposed events at least 3 (three) months in advance.
1.1.5.2.The Authority / State Government Events shall get first priority while assigning
dates on the event calendar.
1.1.5.3.For using the Core MICE Hub Facility during the aforesaid 20 days, the
Authority/ State Government shall pay to the Concessionaire charges only
towards ( i ) the variable cost incurred on electricity and water, during the period
Authority Events are undertaken, (ii) food and beverages as per actual cost.
1.1.5.4.In the event if in any particular year the Authority / State Government has been
unable , for any reason, to utilise the whole of 20 days entitlement, then the
unutilized number of days shall automatically stand elapsed at the end of the year
and shall be not be carried forward to the next year.
1.1.6. User Charges
For events other than the Authority Events, the Concessionaire shall be
entitled to determine and charge user charges and rentals as per its own
policy subjected to and in accordance with the provisions of the Concession

cum Development Agreement.
1.1.7. Project Branding
1.1.6.1 Concessionaire/SPC-1 shall be free to undertake marketing and branding of

Core MICE Hub Facility in accordance with its general business principles
and complying with applicable laws.
1.1.6.2 Concessionaire shall have a right to brand, promote, display, advertise

and publicize Riverfront Development Project as per guidelines issued by
the Authority time to time and subject to applicable laws.
1.1.6.3 The Developer shall be free to undertake marketing and branding the
Commercial Facilities in accordance with its general business principles and
complying with Applicable Laws.
1.1.8. Project Incentives
The Project would be eligible for the incentives, subsidies and benefits as per
the Andhra Pradesh Tourism Policy 2015-20 and under all other State/ Central
Government schemes/ policies in force subject to respective guidelines of
such schemes/ policies The responsibility of availing benefits of such schemes
/ policies would solely lie with the Selected Bidder/ Concessionaire.
1.1.9. Other Broad Features of the Project
Subject to the provisions of the draft Concession cum Development

Agreement, The broad features of the Project are as below:
Core MICE Hub Facility Commercial Facilities

Scope/ Development Design, Build, Finance, Design, Build, Finance,
format Operate and Transfer Own and Operate
(DBFOT) basis (DBFOO) basis
Mode of In joint venture with In joint venture with
Development APCRDA APCRDA
Concession Period 33 years from Appointed Freehold
Date, extendable by another
33 years on first right of
refusal basis as per the
provisions of Concession cum
Development Agreement
Transfer/Conveyance Leasehold basis Freehold basis
of Land to Selected
Bidder

Transfer of project Applicable, as per the Not applicable

assets after provisions of Concession cum
Concession Period Development Agreement
Activities allowed by Activities restricted to MICE Commercial, Retail,
the Authority industry Entertainment, Residential
etc. as applicable to CBD
Zone (C-6 Zone)
Total Land Area 42 acre
Land Use Commercial Business District (C-6 Zone as per CRDA
Zoning Regulations)
Land Area 22 acre 20 acre
Allocation
Global FSI/FAR1 Up to 5 (as per CRDA Zoning Up to 5 (as per CRDA
Regulation) Zoning Regulation)
Consideration for Rs.1 (Rupee One) per sq.m. Rs. 100 (Rupee One
conveyance of land per year Hundred) per acre.
from Authority to
Concessionaire/
Developer
Other fixed payouts Revenue share @ 2% of gross The Successful Bidder /
to the Authority annual revenue of SPC-1 Developer shall have to
(excluding GST) to the give constructed saleable
Authority from sixth built-up area to the
anniversary of Concession Authority free of cost /
cum Development Agreement consideration to the extent
till completion of concession higher of the salable built
period. up as quoted by the
Successful Bidder in its
Commercial Proposal or
10% (ten per cent) of actual
built-up area developed in
the Commercial
Development Area
The salable built-up area

quoted by the Bidder
shall not be less than
2,00,000 (two lakh) sq.ft.
1
FAR/FSI shall have the meaning set out in Zonal Development Regulations of
Amaravati City

Free Usage of Free usage of convention

Facility by facility by APCRDA/ State
APCRDA/ State Government for 20 days in a
Government year, however the cost of F&B
and consumable shall be paid
as per provision of the
Concession cum Development
Agreement.
1.1.10.Mode of Implementation
1.1.10.1. The Selected Bidder shall incorporate two separate joint venture companies
with APCRDA (“SPC-1” and “SPC-2”), incorporated with its registered
office in Vijayawada or Amravati Capital City, India under the Companies
Act 2013, to undertake the development of the Project and enter into two
separate shareholders agreements (the “Shareholders Agreement-1” or
“SHA-1” and “Shareholders Agreement-2” or “SHA-2”) with APCRDA
as per the format provided by the Authority as part of the Bidding
Documents pursuant hereto.
1.1.10.2. The Selected Bidder shall provide 11% equity to APCRDA in SPC-1 and
SPC-2, respectively, without any consideration.
1.1.10.3. The SPC-1 and SPC-2 shall be incorporated within 60 (sixty) days after
issuance of Letter of Award from the Authority.
1.1.10.4. The Selected Bidder shall be responsible for the day to day operations and
management of the SPC-1 and SPC-2 in accordance with the provisions of
the SHA-1 and SHA-2.
1.1.10.5. The Government of Andhra Pradesh (through APCRDA) would enter into a
long term concession cum development agreement with the SPC-1 (the
“Concessionaire”) and the SPC-2 (the “Developer) for development of the
Project. The Concession cum Development Agreement sets forth the detailed
terms and conditions for grant of the concession to the Concessionaire and the
Developer including respective scope of services and obligations with respect
to implementation of Core MICE Hub Facility and Commercial Facilities (the
“Concession”).
1.1.10.6. deleted.
1.1.11.Scope of Project

(a) The Selected Bidder, through SPC-1, shall be responsible for designing,
engineering, financing, procurement, construction, operation and maintenance
and transfer of the Core MICE Hub Facility and Riverfront Development
Project under and in accordance with the provisions of Concession cum
Development Agreement on DBFOT basis.
(b) The Selected Bidder, through SPC-2, shall be responsible for designing,
engineering, financing, procurement, construction, operation and maintenance
of the Commercial Facilities under and in accordance with the provisions of
the Concession cum Development Agreement on 20 acre land on freehold
basis.
1.1.12.Indicative capital cost of the mandatory development obligations of Phase-1 of

Core MICE Hub Facility and River Front Development is Rs 535 crore (Rs. five
hundred and thirty five crore) (the “Indicative Project Cost”). The assessment
of actual costs, however, will have to be made by the Bidders.
1.1.13.The Authority shall receive Proposals pursuant to this RFP, draft Concession cum
Development Agreement, draft SHA-1, draft SHA-2 and other documents (other
than Project Information Memoranda) provided by the Authority (collectively the
“Bidding Documents”) in accordance with the terms set forth herein as modified,
altered, amended and clarified from time to time by the Authority, and all
Proposals shall be prepared and submitted in accordance with such terms on or
before the date specified in Clause 1.3 for submission of Proposals (the “Proposal
Due Date”). The Proposal shall be valid for a period of not less than 180 (one
hundred and eighty) days from the date specified in Clause 1.3 for submission
of Bids (the “Proposal Due Date”).
1.1.14.The statements and explanations contained in this RFP are intended to provide a
better understanding to the Bidders about the subject matter of this RFP and
should not be construed or interpreted as limiting in any way or manner the scope
of services and obligations of the Selected Bidder, the Concessionaire and the
Developer set forth in Concession cum Development Agreement or the
Authority’s rights to amend, alter, change, supplement or clarify the SHA-1, the
SHA-2, the scope of work, the Concession, to be signed or awarded pursuant to
this RFP or the terms thereof or herein contained. Consequently, any omissions,
conflicts or contradictions in the Bidding Documents including this RFP are to be
noted, interpreted and applied appropriately to give effect to this intent, and no
claims on that account shall be entertained by the Authority.
1.2. Brief description of Bidding Process
1.2.1. The Authority has adopted a single stage bidding process (the “Bidding
Process”) for selection of the Bidder for award of the Project. In this single stage
bidding process Bidders are required to submit their qualification statement and

technical proposal (the “Technical Proposal”) and commercial proposal (the

“Commercial Proposal”) together constituting proposal (the “Proposal”) in a
single stage in two envelop system. The evaluation of Proposal will be carried
out by the Authority in two stages. The first stage of evaluation of the Proposal is
the evaluation of Technical Proposal which involves qualification (the
“Qualification”) of interested parties/ consortia who make a Proposal in
accordance with the provisions of this RFP (the “Bidder”) which expression
shall, unless repugnant to the context, include the Members of the Consortium).
At the end of evaluation of Technical Proposal of Bidders, the Authority expects
to announce a short-list of suitable qualified Bidders who shall be eligible for
opening and evaluation of their Commercial Proposal in stage two of the
proposal evaluation process.
Government of India has issued guidelines (see Appendix-V) 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 Appendix-VII.
1.2.2. Bidders would be required to submit Technical Proposal and Commercial

Proposal in two envelop system and furnish all the information specified in this
RFP. Only those Bidders that are found qualified at the technical bid evaluation
stage and short-listed by the Authority shall be eligible for opening of their
Commercial Proposal and accordingly they will be invited to attend opening of
Commercial Proposal on the date, time and venue specified by the Authority in its
invitation letter.
1.2.3. The Bidding Documents include the draft Concession cum Development
Agreement, the draft Shareholding Agreement-1 (SHA-1) and the draft
Shareholding Agreement-2 (SHA-2) for the Project which will be provided only
on the websites www.crda.ap.gov.in and www.iidcindia.co.in on or near
about the date specified in Clause1.3. The Project Information Memoranda (PIM)
prepared by the consultants of the Authority (the “PIM”) will also be provided
only on the designated website on or near about the date specified in Clause1.3.
Subject to the provisions of Clause 2.1.3, the aforesaid documents and any
addenda thereof issued subsequent to this RFP Document, will be deemed to form
part of the Bidding Documents. The Bidding Documents and PIM can be
downloaded by the Bidders without payment of process fee. The process fee shall
be payable at the time of submission of Proposal.
1.2.4. Bidder will be required to deposit, along with its Proposal, a bid security Rs.
5,35,00,000 (Rs. five crore and thirty five lakhs )- (the “Bid Security”),

refundable no later than 60 (sixty) days from the Proposal Due Date, except in the
case of the selected Bidder whose Bid Security shall be retained till it has
provided a Performance Security under the Concession cum Development
Agreement . The Bidders will have an option to provide Bid Security in the form
of a demand draft or a bank guarantee acceptable to the Authority. In case a bank
guarantee is provided, its validity period shall not be less than 240 (two hundred
and forty) days from the Proposal Due Date, inclusive of a claim period of 60
(sixty) days, and may be extended as may be mutually agreed between the
Authority and the Bidder from time to time. Where a demand draft is provided, its
validity shall not be less than 80 (eighty) days from the Proposal Due Date for the
purposes of encashment thereof by the Authority. The Proposal shall be
summarily rejected if it is not accompanied by the Bid Security.
1.2.5. Generally, the Highest Bidder shall be the selected Bidder. The remaining Bidders
shall be kept in reserve and may, in accordance with the process specified in the
RFP, be invited to match the Commercial Proposal submitted by the Highest
Bidder in case such Highest Bidder withdraws or is not selected for any reason. In
the event that none of the other Bidders match the Commercial Proposal of the
Highest Bidder, the Authority may, in its discretion, invite fresh Commercial
Proposals from the remaining Bidders or annul the Bidding Process, as the case
may be.
1.2.6. Bidders are invited to examine the Project in greater detail, and to carry out, at
their cost, such studies as may be required for submitting their respective
Proposals for award of the concession including but not limited to, investigations,
market assessments, site & soil; conditions, suitability of the site for the project ,
availability of resources for the implementation of the project, and all other
aspects related to the implementation of the Project.
1.2.7. Deleted.
1.2.8. Commercial Proposals is required to be submitted for the Project on the basis of
constructed saleable built-up area to be offered to the Authority free of cost from
the salable built-up area of Commercial Facilities constructed/ going to be
constructed by the Selected Bidder/ Developer in Commercial Development Area
for implementing the Project (the “Quoted Built-up Area” or the “Bid
Parameter”) in terms of draft Concession cum Development Agreement. The
Quoted Built-up Area in Commercial Facilities of the Project shall constitute the
sole criteria for evaluation of Commercial Proposals.
1.2.9. In this RFP, the term “Highest Bidder” shall mean the Bidder who is offering the
highest Saleable BUA Share to the Authority free of cost. The remaining
Bidders shall be kept in reserve and may, in accordance with the process specified
in Clause 4 of this RFP, be invited to match the Bid submitted by the Highest
Bidder in case such Highest Bidder withdraws or is not selected for any reason. In
the event that none of the other Bidders match the Bid of the Highest Bidder, the
Authority may, in its discretion, either invite fresh Bids from the remaining
Bidders or annul the Bidding Process..
1.2.10.Deleted
1.2.11.Any queries or request for additional information concerning this RFP and other
Bidding Documents shall be submitted in writing clearly specifying the specific
Bidding Document, clause number and page number by speed post/ courier/
special messenger and by e-mail so as to reach the officer designated in Clause
1.5 by the specified date. The envelopes/ communications shall clearly bear the
following identification/ title:
“Queries/ Request for Additional Information: RFP for

Development of MICE Hub at Amaravati Capital City in Andhra
Pradesh on PPP Basis”.
1.2.12.At the time of making a Proposal, the Bidder shall pay to the Authority a sum of
Rs 25, 000 (Rs. twenty five thousand) as the cost of the RFP process (the “RFP
Process Cost”) in the form of a demand draft, drawn from any Nationalized/
Scheduled Bank in India in favour of ‘The Commissioner, APCRDA’ and
payable at Vijayawada, Andhra Pradesh, India.
1.2.13.The Successful Bidder shall, within 60 (sixty) after issuance of LOA from the
Authority, pay to the Authority a sum of Rs 2,67,00,000/- (Rs. Two crore sixty
seven lakhs) excluding of GST as Project development fee (the “Project
Development Fee”) in the form of a demand draft, drawn from any Nationalized/
Scheduled Bank in India in favour of “The Commissioner, APCRDA” and
payable at Vijayawada, Andhra Pradesh, India.
1.2.14.Details of the process to be followed in bidding and the terms thereof are spelt out
in this RFP.
1.3. Schedule of Bidding Process
The Authority shall endeavour to adhere to the following schedule (the “Bidding
Schedule”:
Sl. Event Description Date

1. Availability of Bidding Documents From 24th August, 2018 on the
websites www.crda.ap.gov.in and
www.iidcindia.co.in
The Concession cum Development
Agreement, PIM and Shareholding
Agreements would be made available

on website from 31st August 2018.

2. Last date for receiving queries 14th September , 2018
3. Pre-Proposal Conference 17th September, 2018, 1500 Hrs IST
Refer Clause 1.4 for Venue
4. Schedule of Group Site Visit 17th September, 2018, 1100 Hrs IST
5. Authority response to queries latest within 1 weeks after Pre-Proposal
by Conference
9 Proposal Due Date 11th October, 2018; till 1500 Hrs IST
10 Opening of Technical Proposal On Proposal Due Date at 1530 Hrs IST
11 Announcement/Intimation of Within 21 days from date of Opening of
qualified and shortlisted of Bidders Technical Proposals
12. Opening of Commercial Proposals dates be notified to qualified shortlisted
Bidders
13. Letter of Award (LOA) Within 30 days of opening of
Commercial Proposals
14 Signing of Shareholding Agreement Within 60 days of award of LOA
for SPC-1, Shareholding Agreement
for SPC-2 and Concession cum
15 Furnishing of Performance Security Within 60 days of award of LOA
and Project Development Fee by the
Selected Bidder
1.4. Pre-Proposal Conference
The venue of Pre-Bid Conference shall be:
Conference Hall
Andhra Pradesh Capital Region Development Authority (APCRDA)
Lenin Center, Governor Pet,
Vijayawada, Pin: 520 002
Andhra Pradesh – India
1.5. Contact Person for Clarifications and Site Visits
From the Authority From Project Advisor:
Mr. Narendra Yendru, Mr. Srinivas Banda,

Consultant- APCRDA, Senior Vice President,
Lenin Center, Governor Pet, IL&FS Townships and Urban Assets
Vijayawada, Pin: 520 002 Limited (ITUAL),
Andhra Pradesh – India Flat No 502, Apurupa Classic, Road No -

Tel:+919951148888 1, Banjara Hills, Hyderabad, Pin 500034

Fax: +91-0866-2577357 Tel: +91 9348485767
Email: [email protected] Email: [email protected]
Mr. Siva Pradeep Reddy P Mr. Shyam B Singh,

AEE, CCDP - CRDA Asst. Vice President,
Lenin Center, Governor Pet, IL&FS Townships and Urban Assets
Vijayawada, Pin: 520 002 Limited, Hyderabad
Andhra Pradesh – India Flat No 502, Apurupa Classic, Road No -
Tel: +917995015788 1, Banjara Hills, Hyderabad, Pin 500034
Fax: +91-0866-2577357 Tel: +91 8294890980,
Email: [email protected] Email: [email protected]

2. INSTRUCTIONS TO BIDDERS
A. GENERAL
2.1. General Terms of Bidding
2.1.1. No Bidder shall submit more than one Proposal for the Project. A Bidder bidding
individually or as a member of a Consortium shall not be entitled to submit
another proposal either individually or as a member of any Consortium, as the
case may be.
2.1.2. Unless the context otherwise requires, the terms not defined in this RFP, but
defined in other Bidding Documents shall have the meaning assigned thereto.
2.1.3. The Project Information Memoranda of the Project is being provided only as a
preliminary reference document by way of assistance to the Bidders who are
expected to carry out their own surveys, investigations and other detailed
examination of the Project before submitting their Proposal. Nothing contained in
the Project Information Memoranda shall be binding on the Authority nor confer
any right on the Bidders, and the Authority shall have no liability whatsoever in
relation to or arising out of any or all contents of the Project Information
Memoranda.
2.1.4. Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the draft Concession cum Development Agreement, and draft SHAs
shall have overriding effect; provided, however, that any conditions or obligations
imposed on the Bidder hereunder shall continue to have effect in addition to its
obligations under the Concession cum Development Agreement and the SHAs.
2.1.5. The Proposal should be submitted in two envelope system as prescribed in this
RFP Document. Technical Proposal should be furnished in the format at
Appendix–I along with all necessary information
2.1.6. The Bidder should submit a Power of Attorney along with Technical Proposal as
per the format at Appendix–II, authorising the signatory of the Proposal to
commit the Bidder.
2.1.7. In case the Bidder is a Consortium, the Members thereof should furnish a Power
of Attorney in favour of the Lead Member in the format at Appendix–III.
2.1.8. The Proposal shall be summarily rejected if it is not accompanied by the Bid
Security or RFP Process Fee. The Bidder has the option to provide the Bid
Security either as a Demand Draft or in the form of a Bank Guarantee acceptable
to the Authority, as per format at Appendix–V.

2.1.9. The Commercial Proposal should be furnished in the format at Appendix–VI,

clearly indicating the Bid Parameter/ Quoted Built-up Area value in both
figures and words, and signed by the Bidder’s authorised signatory. In the event
of any difference between figures and words, the figure indicated in words shall
be taken into account.
2.1.10. The Commercial Proposal shall consist of Quoted Built-up Area, to be quoted
by the Bidder as per the terms and conditions of this RFP and in terms of the draft
Concession cum Development Agreement.
2.1.11. Any condition or qualification or any other stipulation contained in the Proposal
shall render the Proposal liable to rejection as a non-responsive Proposal.
2.1.12. The Proposal and all communications in relation to or concerning the Bidding
Documents shall be in English language.
2.1.13. The documents including this RFP and all documents, provided by the Authority
are and shall remain or become the property of the Authority and are provided to
the Bidders solely for the purpose of preparation and the submission of a Proposal
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 Proposal. The Authority will not return to the Bidders any Proposal,
document or any information provided along therewith.
2.2. Eligibility of Bidders
2.2.1. For determining the eligibility of Bidders for their qualification hereunder, the
following shall apply:
(a) The Bidder may be a single entity or a group of entities (the

“Consortium”) with maximum of 3(three) Members, 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.
(b) A Bidder may be a natural person, private entity or any combination of them
with a formal intent to enter into an agreement or under an existing
agreement to form a Consortium. A Consortium shall be eligible for
consideration subject to the conditions set out in Clause 2.2.5 below.
(c) A Bidder shall not have a conflict of interest (the “Conflict of Interest”)
that affects the Bidding Process. Any Bidder found to have a Conflict of
Interest shall be disqualified. In the event of disqualification, the Authority
shall be entitled to forfeit and appropriate the Bid Security or Performance
Security, as the case may be, as mutually agreed genuine pre-estimated loss
and damage likely to be suffered and incurred by the Authority and not by
way of penalty for, inter alia, the time, cost and effort of the Authority,
including consideration of such Bidder’s proposal (the “Damages”), without
prejudice to any other right or remedy that may be available to the Authority
under the Bidding Documents and/ or the Concession cum Development
Agreement or otherwise. A Bidder shall be deemed to have a Conflict of
Interest affecting the Bidding Process, if:
(i) the Bidder, its Member or Associate (or any constituent thereof) and
any other Bidder, its Member or any Associate thereof (or any
constituent thereof) have common controlling shareholders or other
ownership interest; provided that this disqualification shall not apply
in cases where the direct or indirect shareholding of a Bidder, its
Member or an Associate thereof (or any shareholder thereof having a
shareholding of more than 5 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 Clause 2.2.1(c),
indirect shareholding held through one or more intermediate persons
shall be computed as follows: (aa) where any intermediary is
controlled by a person through management control or otherwise, the
entire shareholding held by such controlled intermediary in any other
person (the “Subject Person”) shall be taken into account for
computing the shareholding of such controlling person in the Subject
Person; and (bb) subject always to sub-clause (aa) above, where a
person does not exercise control over an intermediary, which has
shareholding in the Subject Person, the computation of indirect
shareholding of such person in the Subject Person shall be
undertaken on a proportionate basis; provided, however, that no such
shareholding shall be reckoned under this sub-clause (bb) if the
shareholding of such person in the intermediary is less than 26% of
the subscribed and paid up equity shareholding of such intermediary;
or
(ii) a constituent of such Bidder is also a constituent of another Bidder;

or
(iii) such Bidder, 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
(iv) such Bidder has the same legal representative for purposes of this
Proposal as any other Bidder; or
(v) such Bidder, or any Associate thereof has a relationship with another
Bidder, or any Associate thereof, directly or through common third
party/ parties, that puts either or both of them in a position to have
access to each other’s information about, or to influence the Proposal
of either or each other; or
(vi) 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.
(d) 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 Proposal Due Date. Nor
will this disqualification apply where such adviser is engaged after a period
of 3 (three) years from the date of commercial operation of the Project.
Explanation: In case a Bidder is a Consortium, then the term Bidder as used

in this Clause 2.2.1, shall include each Member of such Consortium.
2.2.2. To be eligible for qualification and short-listing, a Bidder shall fulfil the following
conditions of eligibility:
(A) Technical Capacity: For demonstrating technical capacity and experience (the
“Technical Capacity”), the Bidder shall have:
(i) over the past 10 (ten) financial years preceding the Proposal Due Date,
paid for, or received payments for, construction of Eligible Project(s);
and/ or
(ii) over the past 10 (ten) financial years preceding the Proposal Due Date
paid for development of Eligible Project(s) in Category 1 and/or Category
2 specified in Clause 3.2.1; and/ or
(iii) over the past 5 (five) financial years preceding the Proposal Due Date
collected and appropriated revenues from Eligible Project(s) in Category 1
specified in Clause 3.2.1,

such that the sum total of the above is more than Rs.1070 crore (Rs. one
thousand seventy crore) (the “Threshold Technical Capacity”).
(B) Financial Capacity: The Bidder shall have a minimum Net Worth (the
“Financial Capacity”) of Rs. 135 crore (Rs. one hundred and thirty five
crore) at the close of the preceding financial year. 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 share holders
In case of a Consortium:
(a) 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
SPCs, should satisfy the above conditions of eligibility
(b) The Lead Member should satisfy 50% of Net Worth criteria and each of the
other Members, who shall have an equity share of at least 26% (twenty six
per cent) each in the SPCs, should satisfy at least 10% of Net Worth
criteria;
provided that each such Member shall, for a period of 10 (ten) years from the date
of signing of Concession cum Development Agreement for Core MICE Hub
Facility, hold equity share capital not less than: (i) 26% (twenty six per cent) of
the subscribed and paid up equity of the SPC-1; and (ii) 5% (five per cent) of the
Total Project Cost specified in the Concession cum Development Agreement;
further provided that each such Member shall, for a period of 10 (ten) years from
the date of signing of Concession cum Development Agreement for Commercial
Facilities, hold equity share capital not less than: (i) 26% (twenty six per cent) of
the subscribed and paid up equity of the SPC-2.
2.2.3. O&M Experience: In the event that the Bidder does not have the requisite O&M
experience, it shall either enter into an agreement, for a period of at least 5 (five)
years from COD of the facilities falling under minimum development obligation
of Phase-1 of the Core Mice Hub Facility, with an entity having the aforesaid
experience of O&M of at least one 5 Star Hotel or equivalent or O&M of a
Conventions Centre of minimum 25,000 sft of main hall for a minimum
continuous period of 5 years relating to the performance of O&M obligations, or
engage experienced and qualified personnel for discharging its O&M obligations
in accordance with the provisions of the Concession cum Development
Agreement, failing which the Concession cum Development Agreement shall be
liable to termination. The Bidder shall enclose with its Technical Proposal, to be

submitted as per the format at Appendix-I, complete with its Annexes, the
following$:
(i) Certificate(s) from statutory auditors of the Bidder or its Associates or the
concerned client(s) stating the payments made/ received or works
commissioned, as the case may be, during the past related period in respect
of the projects specified in paragraph 2.2.2 (A) above. In case a particular
job/ contract has been jointly executed by the Bidder (as part of a
consortium), it should further support its claim for the share in work done
for that particular job/ contract by producing a certificate from its statutory
auditor or the client; and
(ii) certificate(s) from statutory auditors of the Bidder or its Associates

specifying the Net Worth of the Bidder, as at the close of the preceding
financial year, and also specifying that the methodology adopted for
calculating such Net Worth conforms to the provisions of this Clause
2.2.3(ii) .
2.2.4. Deleted
2.2.5. The Bidder, if it is declared as Selected Bidder and awarded the Project, shall be
required to incorporate two separate special purpose joint venture companies
with APCRDA, the SPC-1 and SPC-2, incorporated with its registered office in
Vijayawada or Amravati Capital City, India under the Companies Act 2013 as per
Clause 1.1.10 to implement the Project. The Selected Bidder shall hold at least
51% (fifty one per cent) of the subscribed and paid up equity of the SPC-1 and
SPC-2 at all times until the tenth anniversary of the signing of Concession cum
In case the Bidder is a Consortium, it shall, in addition, comply with the following
additional requirements:
(a) Number of members in a consortium shall not exceed 3 (three);
(b) the Proposal should contain the information required for each member of
the Consortium;
(c) members of the Consortium shall nominate one member as the lead
member (the “Lead Member”), who shall have an equity share holding of
at least 26% (twenty six per cent) of the paid up and subscribed equity
of the SPC-1 and SPC-2. The nomination(s) shall be supported by a Power
$
In case duly certified audited annual financial statements containing the requisite details are provided, a
separate certification by statutory auditors would not be necessary in respect of Clause 2.2.3. In
jurisdictions that do not have statutory auditors, the firm of auditors which audits the annual accounts of the
Bidder or its Associate may provide the certificates required under this RFP.

of Attorney, as per the format at Appendix-III, signed by all the other

members of the Consortium;
(d) the Proposal should include a brief description of the roles and
responsibilities of individual members, particularly with reference to
financial, technical and O&M obligations;
(e) an individual Bidder cannot at the same time be member of a Consortium.

Further, a member of a particular Bidder Consortium cannot be member of
any other Bidder Consortium applying for the Project;
(f) deleted
(g) members of the Consortium shall enter into a binding Joint Bidding
Agreement, substantially in the form specified at Appendix-IV (the “Jt.
Bidding Agreement”), for the purpose of making the Proposal. , shall,
inter alia:
(i) convey the intent to form two separate SPCs with shareholding/
ownership equity commitment(s) in accordance with this RFP, which
would enter into the Concession cum Development Agreement and
subsequently perform all the obligations of the Concessionaire and
Developer in terms of the Concession cum Development Agreement,
in case the Project is awarded to the Consortium;
(ii) clearly outline the proposed roles and responsibilities, if any, of each
member;
(iii) commit the minimum equity stake to be held by each member;
(iv) commit that each of the members, whose experience will be

evaluated for the purposes of this RFP, shall subscribe to 26%
(twenty six per cent) or more of the paid up and subscribed equity of
the SPC-1 and SPC-2 and shall further commit that each such
member shall, for a period of 10 (ten) years from the date of signing
of Concession cum Development Agreement of the Project, hold
equity share capital not less than: (i) 26% (twenty six per cent) of the
subscribed and paid up equity share capital of the each SPC; and (ii)
5% (five per cent) of the Total Project Cost specified in the
Concession cum Development Agreement in case of SPC-1;
(v) members of the Consortium undertake that they shall collectively

hold at least 51% (fifty one per cent) of the subscribed and paid up
equity of the SPC-1 and SPC-2 at all times until the tenth
anniversary of the signing of Concession cum Development
Agreement; and
(vi) Deleted
(vii) include a statement to the effect that all members of the Consortium
shall be liable jointly and severally for all obligations of the
Concessionaire in relation to the Project until the Financial Close of
the Project is achieved in accordance with the Concession cum
Development Agreement; and
(i) except as provided under this RFP and the Bidding Documents, there shall
not be any amendment to the Jt. Bidding Agreement without the prior
written consent of the Authority.
2.2.6. Any entity which has been barred by the Central or any State Government, or any
entity controlled by it, from participating in any project (BOT or otherwise), and
the bar subsists as on the date of Proposal, would not be eligible to submit a
Proposal, either individually or as member of a Consortium.
2.2.7. 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.
2.2.8. In computing the Technical Capacity and Net Worth of the Bidder/ Consortium
Members under Clauses 2.2.2, 2.2.3 and 3.2, the Technical Capacity and Net
Worth of their respective Associates would also be eligible hereunder2.
For purposes of this RFP, 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.
2
In the event if any credentials of an Associate is considered while computing the Technical Capacity and
Net Worth of the Bidder, and if such Bidder emerges as the selected bidder, then the Selected Bidder shall
be required to furnish a Letter of Guarantee from its Holding / Parent Company (including a Board
Resolution of such Holding / Parent Company) pledging such Holding / Parent Company’s irrevocable
Financial strength and Technical support to its Subsidiary (in proportion to its Subsidiary’s holding in
the SPC1 and SPC-2), at all times during the currency of the Concession Agreement to the
Concessionaire, and even after its termination for any of the acts and liabilities of its Subsidiary prior to
termination.

2.2.9. The following conditions shall be adhered to while submitting an Proposal:
(a) Bidders should attach clearly marked and referenced continuation sheets in
the event that the space provided in the prescribed forms in the Annexes is
insufficient. Alternatively, Bidders may format the prescribed forms making
due provision for incorporation of the requested information;
(b) 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 Proposal and not, unless specifically requested, to other associated
companies or firms;
(c) in responding to the qualification submissions, Bidders should demonstrate

their capabilities in accordance with Clause 3.1 below; and
(d) in case the Bidder is a Consortium, each Member should substantially

satisfy the qualification requirements to the extent specified herein.
2.2.10. While bidding is open to persons from any country, the following
provisions shall apply:
(a) Where, on the date of the Proposal, 15% (fifteen 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
(b) if at any subsequent stage after the date of the Proposal, there is an
acquisition of 15% (fifteen 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 Qualification of such Bidder or in the event described in sub clause (b)
above, the continued Qualification of the Bidder shall be subject to approval of
the Authority from national security and public interest perspective. The decision
of the Authority in this behalf shall be final and conclusive and binding on the
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 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.
2.2.11. Notwithstanding anything to the contrary contained herein, in the event that the
Proposal 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
Proposal and furnish all its information and certification with reference to the 10
(ten) years or 1 (one) year, as the case may be, preceding its latest financial year.
For the avoidance of doubt, financial year shall, for the purposes of a Proposal
hereunder, mean the accounting year followed by the Bidder in the course of its
normal business.
2.2.12. If the Bidder has submitting any documents, created or originating from outside
the Republic of India, such as work experience certificate(s), financial detail(s),
power of attorney(s), undertaking(s), documentary evidence(s), qualifying
document(s), etc. (collectively “Foreign Documents”) then the Bidder, before any
such Foreign Document(s) are sent to India for the purpose of applying towards
this Project, shall be required to get each and every page of such Foreign
Document(s), duly authenticated/ embossed/ legalized/ notarised from the Indian
Embassy/Indian High Commission situated in the country from where such
Foreign Document(s) were created or are originating from. Such authentication/
embossment/ legalization/ notarisation from the Indian Embassy/Indian High
Commission shall also apply to all such document(s) that are in a language other
than English, which shall compulsorily be required to be translated (as the true
translated copies of the original) by a duly certified/ authorized /qualified
Translator, supported by the affidavit of the said translator, certifying the
correctness of the English translation. In case of any inconsistency between the
original Foreign Document and its English translation, the latter shall prevail and
be held binding on such Bidder.
However, in the case of Foreign Document(s) created or originating from

countries that have signed, ratified and have made operational the Hague
Convention abolishing the requirement of legalization for foreign public
documents, 5 October, 1961 - "Hague Legalization Convention, 1961", the
Bidders may affix an 'Apostle" sticker on each and every page of their Foreign
Document(s) [including all commercial document(s) duly notarized]. Thereafter,
the Bidder shall be compulsorily required to get all such "Appostilled" Foreign
Document(s) approved, certified and attested from the Indian Embassy /Indian
High Commission in that country where the 'Foreign Document(s)' were created
or are originated from or the Ministry of External Affairs, Government of India,
New Delhi and the Bidder/s shall follow any other norms/guidelines laid by the
Ministry of External Affairs, Government of India, New Delhi.

2.2.13. The Bids shall be unconditional, unqualified, firm and valid. Any condition or
qualification or any other stipulation contained in the Bid shall render the Bid
liable to rejection as a non-responsive Bid.
2.2.14. A Bidder shall be liable for disqualification and forfeiture of Bid Security if
any legal, financial or technical advisor of the Authority in relation to the
Project, is engaged by the Bidder or any Associate thereof, as the case may be,
in any manner for matters related to or incidental to such Project during the
Bidding Process or subsequent to the (i) issue of the LOA or (ii) execution of
the Concession cum Development Agreement.
In the event any such adviser is engaged by the Selected Bidder or

Concessionaire, as the case may be, after issue of the LOA or execution of the
Concession cum Development Agreement for matters related or incidental to the
Project, then notwithstanding anything to the contrary contained herein or in the
LOA or the Concession cum Development Agreement and without prejudice to
any other right or remedy of the Authority, including the forfeiture and
appropriation of the Bid Security or Construction Performance Security, as the
case may be, which the Authority may have thereunder or otherwise, the LOA or
the Concession cum Development Agreement, as the case may be, shall be liable
to be terminated without the Authority being liable in any manner whatsoever to
the Selected Bidder or Concessionaire for the same. For the avoidance of doubt,
this disqualification shall not apply where such adviser was engaged by the
Bidder or Associate in the past but its assignment expired or was terminated 6
(six) months prior to the date of issue of RFP for the Project nor will this
disqualification apply where such adviser is engaged after a period of 3 (three)
years from the date of commercial operation of the Project.
2.2.15. This RFP is not transferable.
2.2.16. Any award of Concession pursuant to this RFP shall be subject to the terms of
Bidding Documents and applicable laws of India.
2.3. Change in composition of the Consortium
2.3.1. By submitting the Proposal, the Bidder shall be deemed to have

acknowledged that it shall have to comply with the provisions with respect to the
Change in Ownership as contained in the Concession cum Development
Agreement.
2.3.2. By submitting the Proposal, the Bidder shall also be deemed to

have acknowledged and agreed that in the event of a change in control of an

Associate whose Technical Experience and/ or Financial Capability was taken

into consideration for the purposes of qualification under and in accordance with
the RFP, the Bidder shall inform Authority forthwith along with all relevant
particulars about the same and Authority may, in its sole discretion, disqualify the
Bidder or withdraw the LOA from the Selected Bidder, as the case may be. In the
event such change in control occurs after signing of the Concession cum
Development Agreement but prior to Financial Close of the Project, it would,
notwithstanding anything to the contrary contained in the Concession cum
Development Agreement, be deemed to be a breach thereof, and the Concession
cum Development Agreement shall be liable to be terminated without Authority
being liable in any manner whatsoever to the Concessionaire. In such an event,
notwithstanding anything to the contrary contained in the Concession cum
Development Agreement , Authority shall forfeit, invoke and appropriate the Bid
Security or Performance Security, as the case may be, without prejudice to any
other right or remedy that may be available to Authority hereunder or otherwise
2.4. Number of Proposals and costs thereof
2.4.1. No Bidder shall submit more than one Proposal for the Project. A Bidder applying
individually or as a member of a Consortium shall not be entitled to submit
another Proposal either individually or as a member of any Consortium, as the
case may be.
2.4.2. The Bidders shall be responsible for all of the costs associated with the
preparation of their Proposals 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.
2.5. Site visit and verification of information
Bidders are encouraged to submit their respective Proposals after visiting the
Project site and ascertaining for themselves the site conditions, traffic, location,
surroundings, climate, availability of power, water and other utilities for
construction, access to site, handling and storage of materials, weather data,
applicable laws and regulations, and any other matter considered relevant by
them.
A group level site visit shall be organised by the Authority on the date and time
specified in Clause 1.3. All members interested to make such group site visit are
required to assemble at the address given below one hour before the specified
time. Travel arrangement for the group site visit from the assembly point to the
site shall be made by the Authority at its own cost.
For any assistance in respect to the separate site visit by the Bidders, Bidders can
contact the person designated in Clause 1.5.

2.6. Acknowledgement by Bidder
2.6.1 It shall be deemed that by submitting the Proposal, the Bidder has:
(a) made a complete and careful examination of the Bidding Documents;
(b) received all relevant information requested from the Authority;
(c) accepted the risk of inadequacy, error or mistake in the information

provided in the Bidding Documents or furnished by or on behalf of the
Authority relating to any of the matters referred to in Clause 2.5 above; and
(d) acknowledged that it does not have a Conflict of Interest; and
(e) agreed to be bound by the undertakings provided by it under and in terms

hereof.
2.6.2 The Authority, its consultants, representatives, employees or advisors shall not
be liable for any omission, mistake or error in respect of any of the above or on
account of any matter or thing arising out of or concerning or relating to the RFP
or the Bidding Process, including any error or mistake therein or in any
information or data given by the Authority.
2.6.3 Verification and Disqualification
The Authority reserves the right to verify all statements, information and
documents submitted by the Bidder in response to the RFP or the Bidding
Documents and the Bidder shall, when so required by the Authority, make
available all such information, evidence and documents as may be necessary for
such verification. Any such verification or lack of such verification, by the
Authority shall not relieve the Bidder of its obligations or liabilities hereunder nor
will it affect any rights of the Authority thereunder.
2.7. Right to accept or reject any or all Technical Proposals/ Commercial

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

2.7.2. The Authority reserves the right to reject any Technical Proposal and/ or
Commercial Proposal if:
(a) at any time, a material misrepresentation is made or uncovered, or
(b) the Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the
Technical Proposal or Commercial Proposal as the case may be.
If the Bidder is a Consortium, then the entire Consortium may be disqualified/

rejected. If such disqualification/ rejection occurs after the Commercial Proposal
have been opened and the Highest Bidder gets disqualified/ rejected, then the
Authority reserves the right to:
(i) invite the remaining Bidders to match the Highest Bidder/ submit their
Commercial Proposals in accordance with the RFP; or
(ii) take any such measure as may be deemed fit in the sole discretion of the
Authority, including annulment of the Bidding Process.
2.7.3. In case it is found during the evaluation or at any time before signing of the
Concession cum Development Agreement or after its execution and during the
period of subsistence thereof, including the concession thereby granted by the
Authority, that one or more of the qualification conditions have not been met by
the Bidder, 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/ Developer either by issue of
the LOA or entering into of the Concession cum Development Agreement, and if
the Bidder/SPCs has already been issued the LOA or has entered into the
Concession cum Development Agreement, the same shall, notwithstanding
anything to the contrary contained therein or in this RFP, be liable to be
terminated, by a communication in writing by the Authority to the Bidder, without
the Authority being liable in any manner whatsoever to the Bidder and without
prejudice to any other right or remedy which the Authority may have under this
RFP, the Bidding Documents under applicable law.
2.7.4. The Authority reserves the right to verify all statements, information and
documents submitted by the Bidder in response to the RFP. 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.

B. DOCUMENTS
2.8. Contents of the RFP
This RFP comprises the disclaimer set forth hereinabove, the contents as listed
below, and will additionally include any Addenda issued in accordance with
Clause 2.10.
Invitation for Qualification
Section 1. Introduction
Section 2. Instructions to Bidders
Section 3. Criteria for Evaluation of Technical Proposal
Section 4 Evaluation of Commercial Proposal
Section 5. Fraud & Corrupt Practices
Section 6. Pre Proposal Conference
Section 7. Miscellaneous
Appendices
I. Letter comprising the Proposal
II. Power of Attorney for signing of Proposal
III. Power of Attorney for Lead Member of Consortium
IV. Joint Bidding Agreement for Consortium
V Bank Guarantee for Bid Security
VI Format of Commercial Proposal
VII. Guidelines of the Department of Disinvestment
VIII. List of Proposal-specific provisions
2.9. Clarifications
2.9.1. Bidders requiring any clarification on the RFP may notify the Authority in writing
by speed post/ courier/ special messenger and by e-mail in accordance with
Clause 1.2.11. They should send in their queries before the date specified in the
schedule of Bidding Process contained in Clause 1.3. The Authority shall
endeavour to respond to the queries within the period specified therein, but no
later than 10 (ten) days prior to the Proposal Due Date. The responses will be
uploaded on designated website without identifying the source of queries.
2.9.2. 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

Clause shall be taken or read as compelling or requiring the Authority to respond

to any question or to provide any clarification.
2.9.3. 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 RFP.
Verbal clarifications and information given by Authority or its employees or
representatives shall not in any way or manner be binding on the Authority.
2.10. Amendment of Bidding Documents
2.10.1 At any time prior to the deadline for submission of Proposal, the Authority may,
for any reason, whether at its own initiative or in response to clarifications
requested by a Bidder, modify the Bidding Documents by the issuance of
Addenda.
2.10.2 Any Addendum thus issued will be uploaded on the designated website.
2.10.3 In order to afford the Bidders a reasonable time for taking an Addendum into
account, or for any other reason, the Authority may, in its sole discretion, extend
the Proposal Due Date.
C. PREPARATION AND SUBMISSION OF PROPOSAL
2.11. Language
The Proposal 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 Proposal 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 Proposal, the English language
translation shall prevail.
2.12. Format and signing of Proposal
2.12.1. The Bidder shall provide all the information sought under this RFP. The
Authority will evaluate only those Proposals that are received in the required
formats and complete in all respects. Incomplete and /or conditional Proposals
shall be liable to rejection.
2.12.2. The Bidder shall prepare 1 (one) original set of the Proposal (together with the
documents required to be submitted pursuant to this RFP) and clearly marked as
“ORIGINAL”. In addition, the Bidder shall submit 1 (one) copy of such

Proposal and documents, which shall be marked as “COPY”. In the event of any
discrepancy between the original and the copy, the original shall prevail.
2.12.3. The Proposal and its copy shall be typed or written in indelible ink. It shall be
signed by the authorised signatory of the Bidder who shall also initial each page
of the Proposal (including each Appendix and Annex) in blue ink. In case of
printed and published documents, only the cover shall be initialled. All the
alterations, omissions, additions or any other amendments made to the Proposal
shall be initialled by the person(s) signing the Proposal. The Proposal shall
contain page numbers and shall be bound together in a manner that does not allow
replacement of any page.
2.13. Sealing and Marking of Proposals
2.13.1. The Proposal shall comprise of two parts, Technical Proposal (Envelope-1) and
Commercial Proposal (Envelope-2) which shall be submitted in two envelope
system comprising the following:
Part - I: Technical Proposal (Envelop 1)Technical Proposal (Envelope-1) shall

contain:
(i) Technical Proposal in the prescribed format (Appendix-I) along with

Annexes of Appendix-1 and supporting documents;
(ii) Power of Attorney for signing the Proposal as per the format at
Appendix-II;
(iii) if applicable, the Power of Attorney for Lead Member of Consortium as

per the format at Appendix-III;
(iv) copy of the Jt. Bidding Agreement, in case of a Consortium, substantially

in the format at Appendix-IV;
(v) Bank Guarantee for Bid Security in the prescribed format (Appendix –
V)
(vi) Bid Processing Fee: Demand Draft of Rs. 25000 for payment of RFP
Processing Cost.
(vii) copy of Memorandum and Articles of Association, if the Bidder is a body

corporate, and if a partnership then a copy of its partnership deed;
(viii) copies of Bidder’s duly audited balance sheet and profit and loss account
for the preceding one year;
(ix) Guidelines of the Department of Disinvestment in the format at

Appendix – VII;
(x) A copy of the Concession cum Development Agreement with each page
initialled by the person signing the Proposal in pursuance of the Power of
Attorney referred to in Clause (ii) hereinabove.
(xi) A copy of the Shareholders Agreement-1 and Shareholders

Agreement-2 with each page initialled by the person signing the Proposal
in pursuance of the Power of Attorney referred to in Clause (ii)
hereinabove.
Part - II: Commercial Proposal: Envelope 2 shall contain:
Commercial Proposal in the prescribed format at (Appendix VI)
2.13.2. ENVELOP 1 (QUALIFICATION PROPOSAL/ TECHNICAL PROPOSAL) –

shall be sealed, and marked as “ENVELOP 1 – Technical Proposal for RFP for
Development of MICE Hub at Amaravati Capital City in Andhra Pradesh on PPP
Basis”.
2.13.3. ENVELOP 2 (COMMERCIAL PROPOSAL) – shall be sealed, and marked as

“ENVELOP 2 – Commercial Proposal for RFP for Development of MICE Hub at
Amaravati Capital City in Andhra Pradesh on PPP Basis”
2.13.4. The above two envelopes shall then be placed in one outer envelope, sealed and
marked as “Proposal for RFP for Development of MICE Hub at Amaravati
Capital City in Andhra Pradesh on PPP Basis”
2.13.5. All the above envelopes must bear the name and address of the Bidder. In
addition, the Proposal Due Date should be indicated on the right hand top corner
of each of the envelopes.
2.13.6. Each of the envelopes shall be addressed to:
ATTN. OF:
DESIGNATION: Commissioner
ADDRESS: Andhra Pradesh Capital Region Development Authority
(APCRDA)
Lenin Centre,
Governor Pet,
Vijayawada– 520 002
Andhra Pradesh, India
2.13.7. If the envelopes are not sealed and marked as instructed above, the Authority
assumes no responsibility for the misplacement or premature opening of the
contents of the Proposal parts and consequent losses, if any, suffered by the
Bidder.

2.13.8. Proposal submitted by fax or e-mail or only in hard copies shall not be entertained
and shall be rejected.
2.14. Proposal Due Date
2.14.1. Proposals should be submitted before 1530 hours IST on the Proposal Due Date,
at the address provided in Clause 2.13.6. in the manner and form as detailed in
this RFP..
2.14.2. The Authority may, in its sole discretion, extend the Proposal Due Date by issuing
an Addendum in accordance with Clause 2.10 uniformly for all Bidders.
2.15. Late Proposals
Proposals received by the Authority after the specified time on the Proposal Due
Date shall not be eligible for consideration and shall be summarily rejected.
2.16. Modifications/ substitution/ withdrawal of Proposals
2.16.1. The Bidder may modify, substitute or withdraw its Proposal before Proposal Due
Date, provided that written notice of the modification, substitution or withdrawal
is received by the Authority prior to the Proposal Due Date. No Proposal shall be
modified, substituted or withdrawn by the Bidder on or after the Proposal Due
Date.
2.16.2. The modification, substitution or withdrawal notice shall be prepared, sealed,

marked, and delivered in accordance with Clause 2.13, with the envelopes being
additionally marked “MODIFICATION”, “SUBSTITUTION” or
“WITHDRAWAL”, as appropriate.
2.16.3. Any alteration/ modification in the Proposal or additional information supplied

subsequent to the Proposal Due Date, unless the same has been expressly sought
for by the Authority, shall be disregarded.
D. EVALUATION PROCESS
2.17. Opening and Evaluation of Proposals
2.17.1. The Authority shall follow two stage process of evaluation of Proposal. In the first
stage of evaluation only Technical Proposal shall be evaluated as per Section 3.
Evaluation of Commercial Proposal shall be carried out in the second stage as per
Section 4.
2.17.2. The Authority shall open the Technical Proposals at 1600 hours IST on the
Proposal Due Date, at the place specified in Clause 2.13.6 and in the presence of

the Bidders who choose to attend. Proposals for which a notice of withdrawal has
been submitted in accordance with Clause 2.16 shall not be opened.
2.17.3. Proposals The Authority will subsequently examine and evaluate Technical
Proposals in accordance with the provisions set out in Section 3.
2.17.4. Bidders are advised that qualification of Bidders at the technical proposal
evaluation stage 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 given.
2.17.5. Any information contained in the Proposal shall not in any way be construed as
binding on the Authority, its agents, successors or assigns, but shall be binding
against the Bidder if the Project is subsequently awarded to it on the basis of such
information.
2.17.6. 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 Proposal without assigning
any reasons.
2.17.7. 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 relevant project from computation of the Experience Score
of the Bidder.
2.17.8. In the event that a Bidder claims credit for an Eligible Project, and such claim is
determined by the Authority as incorrect or erroneous, the Authority shall reject
such claim and exclude the same from computation of the Experience Score, and
may also, while computing the aggregate Experience Score of the Bidder, make a
further deduction equivalent to the claim rejected hereunder. Where any
information is found to be patently false or amounting to a material
misrepresentation, the Authority reserves the right to reject the Technical
Proposal and/ or Commercial Proposal in accordance with the provisions of
Clauses 2.7.2 and 2.7.3.
2.18. [Deleted]
2.19. Tests of responsiveness
2.19.1. Prior to evaluation of Technical Proposals, the Authority shall determine whether
each Proposal is responsive to the requirements of the RFP. A Proposal shall be
considered responsive if:
a. it is received as per format at Appendix-I;

b. it is received by the Proposal Due Date including any extension thereof

pursuant to Clause 2.14.2;
c. it is signed, sealed, bound together in hard cover, and marked as stipulated

in Clauses 2.12 and 2.13;
d. it is accompanied by the Power of Attorney as specified in Clause2.2.5

and in the case of a Consortium, the Power of Attorney as specified in
Clause 2.2.5 (c);
e. it is accompanied by the Bid Security as specified in in Clause 1.2.4 and

Clause 2.23,
f. it is accompanied by the Bid Process Fee as specified in Clause1.2.12.
g. it contains all the information and documents (complete in all respects) as

requested in this RFP;
h. it contains information in formats same as those specified in this RFP;
i. it contains certificates from its statutory auditors$ in the formats specified

at Appendix-I of the RFP for each Eligible Project;
j. it is accompanied by the Jt. Bidding Agreement (for Consortium), specific

to the Project, as stipulated in Clause 2.2.5(g);
k. it does not contain any condition or qualification; and
l. it is not non-responsive in terms hereof.
2.19.2. The Authority reserves the right to reject any Proposal which is non-responsive
and no request for alteration, modification, substitution or withdrawal shall be
entertained by the Authority in respect of such Proposal. Provided, however, that
the Authority may, in its discretion, allow the Bidder to rectify any infirmities or
omissions if the same do not constitute a material modification of the Proposal.
2.20. Clarifications
2.20.1. To facilitate evaluation of Proposals, the Authority may, at its sole discretion,
seek clarifications from any Bidder regarding its Proposal. Such clarification(s)
shall be provided within the time specified by the Authority for this purpose. Any
$
In case duly certified audited annual financial statements containing the requisite details are provided, a
separate certification by statutory auditors would not be necessary in respect of Clause 2.19.1 (i). In
jurisdictions that do not have statutory auditors, the firm of auditors which audits the annual accounts of the
Bidder may provide the certificates required under this RFP.

request for clarification(s) and all clarification(s) in response thereto shall be in

writing.
2.20.2. If a Bidder does not provide clarifications sought under Clause 2.20.1 above
within the prescribed time, its Proposal shall be liable to be rejected. In case the
Proposal is not rejected, the Authority may proceed to evaluate the Proposal by
construing the particulars requiring clarification to the best of its understanding,
and the Bidder shall be barred from subsequently questioning such interpretation
of the Authority.
E. QUALIFICATION AND BIDDING
2.21. Short-listing and notification
After the evaluation of Technical Proposals, the Authority would announce a list
of short-listed qualified Bidders (Bidders) who will be eligible for opening of
their Commercial Proposal. At the same time, the Authority would notify the
other Bidders that they have not been short-listed. The Authority will not entertain
any query or clarification from Bidders who fail to qualify.
2.22. Opening and Evaluation of Commercial Bid
2.22.1. Only qualified and shortlisted Bidders shall be eligible for opening of
Commercial Proposal who will be invited by the Authority to attend financial bid
opening on the date, time and venue notified and communicated by the Authority
in accordance to this RFP.
2.22.2. The Authority will subsequently examine and evaluate Commercial Proposals and
declare Successful Bidder in accordance with the provisions set out in Section 4.
F. BID SECURITY
2.23. Bid Security
2.23.1. Bidder shall furnish as part of its Proposal, a Bid Security referred to hereinabove
and in Clause 1.2.4 in the form of a bank guarantee issued by a Nationalised
Bank, or a Scheduled Bank in India having a net worth of at least Rs. 1,000 crore
(Rs. one thousand crore), in favour of the Authority in the format at Appendix–V
(the “Bank Guarantee”) and having a validity period of not less than 240 (one
hundred eighty) days from the Proposal Due Date, inclusive of a claim period of
60 (sixty) days, and may be extended as may be mutually agreed between the
Authority and the Bidder from time to time. In case the Bank Guarantee is issued
by a foreign bank outside India, confirmation of the same by any Nationalised
Bank in India is required. For the avoidance of doubt, Scheduled Bank shall mean
a bank as defined under Section 2(e) of the Reserve Bank of India Act, 1934.
2.23.2. Bid Security can also be in the form of a demand draft issued by a Scheduled
Bank in India, drawn in favour of the Authority and payable at Vijayawada (the
“Demand Draft”). The Authority shall not be liable to pay any interest on the Bid
Security deposit so made and the same shall be interest free
2.23.3. Any Proposal / document not accompanied by the Bid Security shall be rejected
by the Authority as non-responsive.
2.23.4. The Bid Security of the Bidders whose Technical Proposal is rejected being non-
responsive or it un-qualified or not shortlisted for opening of Commercial
Proposal will be returned by the Authority, without any interest, as promptly as
possible or when the Bidding process is cancelled by the Authority.
2.23.5. The Bid Security of shortlisted Bidders will be returned by the Authority, without
any interest, as promptly as possible on acceptance of the Proposal of the Selected
Bidder or when the Bidding process is cancelled by the Authority.
2.23.6. Where Bid Security has been paid by demand draft, the refund thereof shall be in
the form of an account payee demand draft in favour of the unsuccessful
Bidder(s). Bidders / Lead Member of the Consortium may by specific instructions
in writing to the Authority give the name and address of the person in whose
favour the said demand draft shall be drawn by the Authority for refund or the
detail for NEFT / RTGS transfer, failing which it shall be drawn in the name of
the Bidder / Lead Member of the Consortium and shall be mailed to the address
given on the Proposal.
2.23.7. The Selected Bidder’s Bid Security will be returned, without any interest, upon
the Bidder on furnishing the Performance Security in accordance with the
provisions of the Concession cum Development Agreement. The Authority may,
at the Selected Bidder’s option, adjust the amount of Bid Security in the amount
of Performance Security to be provided by him in accordance with the provisions
of the Concession cum Development Agreement.
2.23.8. 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 Clause 2.23.9 herein below. The Bidder, by
submitting its Proposal pursuant to this RFP, shall be deemed to have
acknowledged and confirmed that the Authority will suffer no loss and damage on
account of withdrawal of its Proposal or for any other default by the Bidder
during the bid validity period. No relaxation of any kind on Bid Security shall be
given to any Bidder.
2.23.9. 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:
a) If a Bidder engages in a corrupt practice, fraudulent practice, coercive

practice, undesirable practice or restrictive practice as specified in Clause
5 of this RFP;
b) If a Bidder withdraws its Proposal during the period of bid validity as

specified in this RFP and as extended by the Bidder from time to time;
c) If a Bidder submits a non-responsive or qualified or conditional Bid
d) In the case of Selected Bidder, if it fails within the specified time limit
i.to sign and return the duplicate copy of LOA; or

ii.to sign the Shareholding Agreement-1 and/or constitute SPC-1; or
iii.to sign the Shareholding Agreement-2 and/or constitute SPC-2; or
iv. to sign the Concession cum Development Agreement and/or
v. to furnish the Performance Security under Concession cum
Development Agreement; or
vi. to pay Project Development Fee
e) In case the Selected Bidder, commits any breach prior to furnishing the
Performance Security under Concession cum Development Agreement;
G. MISCELENEOUS
2.24. Submission of Proposals
2.24.1. The Bidders will be requested to submit a Technical Proposal and Commercial
Proposal in the form and manner to be set out in the Bidding Documents.
2.24.2. The Authority reserves the right not to proceed with the Bidding Process at any
time, without notice or liability, and to reject any Proposal without assigning any
reasons.
2.25. Validity of Proposal
The Proposal shall be valid for a period of not less than 180 (one hundred and
eighty) days from the Proposal Due Date. The validity of the Proposal may be
extended by mutual consent of the respective Bidders and the Authority.
2.26. Confidentiality
Information relating to the examination, clarification, evaluation and

recommendation for the Bidders shall not be disclosed to any person who is not

officially concerned with the process or is not a retained professional advisor

advising the Authority in relation to, or matters arising out of, or concerning the
Bidding Process. The Authority will treat all information, submitted as part of the
Bid, in confidence and will require all those who have access to such material to
treat the same in confidence. The Authority may not divulge any such information
unless it is directed to do so by any statutory entity that has the power under law
to require its disclosure or is to enforce or assert any right or privilege of the
statutory entity and/ or the Authority or as may be required by law or in
connection with any legal process.
2.27. Proprietary data
All documents and other information supplied by the Authority or submitted by a

Bidder to the Authority shall remain or become the property of the Authority.
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 Proposal. The
Authority will not return any Proposal or any information provided along
therewith.
2.28. Correspondence with the Bidder
Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to the acceptance or rejection of any
Proposal.
2.29. Foreign Direct Investment:
Any investment by the Bidder, which is a foreign company and not registered
under Companies Act 1956/ 2013, shall comply with the latest Foreign Direct
Investment (FDI) policies as issued by Department of Industrial Policy and
Promotion, Ministry of Commerce and Industry, Government of India (GOI) and
other rules and regulations as notified by GOI and Reserve Bank of India. The
Bidder shall acquaint himself with all the policies and implications if any, for the
proposed Proposal before submission of the Proposal.

3. CRITERIA FOR EVALUATION OF TECHNICAL PROPOSALS
3.1. Evaluation parameters
3.1.1. Only those Bidders who meet the eligibility criteria specified in Clauses 2.2.2 and
2.2.3 shall qualify for evaluation under this Section 3. Proposals of firms/
consortia who do not meet these criteria shall be rejected.
3.1.2. The Bidder’s competence and capability is proposed to be established by the

following parameters:
(a) Technical Capacity; and
(b) Financial Capacity.
3.2. Technical Capacity for purposes of evaluation
3.2.1. Subject to the provisions of Clause 2.2, the following categories of experience
would qualify as Technical Capacity and eligible experience (the “Eligible
Experience”) in relation to eligible projects as stipulated in Clauses 3.2.3 and
3.2.4 (the “Eligible Projects”):
Category 1: Project experience on Eligible Projects in Group-1, Group-2

and Group-3 sectors stated hereunder that qualify under Clause
3.2.3
Category 2: Project experience on Eligible Projects in core infrastructure

sector that qualify under Clause 3.2.3
Category 3: Construction experience on Eligible Projects in Group-1,

Group-2 and Group-3 sectors stated hereunder sector that qualify
under Clause 3.2.4
Category 4: Construction experience on Eligible Projects in core

infrastructure sector that qualify under Clause 3.2.4

Group-1 Group-1 sector would be deemed to include:

sector  Convention centers projects (Convention Centers mean
centrally air conditioned convention centers of seating
capacity more than 1500 seats and having hosted at least 3
Conventions3 of minimum 1000 delegates within the last 3
years)
 exhibition centres projects (Exhibition Canters mean an
Exhibition Centre with minimum one permanent indoor
exhibition hall of minimum 2500 Sq. Mts. area and having a
valid membership of either of the following: (i) International
Association of Exhibitions and Events (ii) Global Association
of Exhibition Industry (iii) Asian Federation of Exhibition &
Convention Associations (iv) Venue Owners membership of
Indian Exhibition Industry Association)
Group-2 Group-2 sector would be deemed to include:
sector  Hotels (Three-Star or above category hotels as per guidelines
of Ministry of Tourism, Government of India)
 Resorts, including beach resorts, jungle resorts, hill resorts
etc.(Three-Star or above category hotels as per guidelines of
Ministry of Tourism, Government of India)
 Heritage Hotels (Heritage Basic, Heritage Classic, Heritage
Grand as per guidelines of Ministry of Tourism, Government
of India)
Note 1: Only operational Hotels with minimum 50 room keys
would be considered as Eligible Projects.
Note 2: Further, in case of Hotels in India, the Hotels with a

valid Certification / having applied for renewal of Certification,
from the Hotel & Restaurant Approval & Classification
Committee (HRACC) of the Ministry of Tourism, Government of
India shall be considered. In case of Hotels being outside India,
the classification / certification from the corresponding
classifying / rating Authority / Body shall be considered.
Group-3 Group-3 sector would be deemed to include Any other Tourism

sector Infrastructure Projects as defined in the Andhra Pradesh Tourism
Policy 2015-20.
 Amusement Parks
3For the purpose of evaluation, a Convention shall mean a meeting of members, representatives,
or delegates, as of a fraternal society, profession, or industry and shall exclude political meetings and
weddings / wedding receptions.

 Golf Courses
 Botanical gardens
 Urban/Rural Haats
 Tourism &Hospitality Training Institutes
 Wayside amenities
 Spiritual/Wellness Centers
 Museums
Core Infra- core infrastructure sector would be deemed to include
structure
Sector  Roads, highway, expressway, bridges, tunnels, power,
ports, airports, metro rail, industrial parks/ estates, logistic
parks, and
 Real estate developments (other than Group-1, Group-2

and Group-3 sectors) excluding plotted land development
3.2.2. Eligible Experience in respect of each category shall be measured only for
Eligible Projects.
3.2.3. For a project to qualify as an Eligible Project under Categories 1 and 2:
(a) It should have been undertaken as a private project or PPP project on

BOT, BOLT, BOO, BOOT or other similar basis for providing its output
or services to a public sector entity or for providing non-discriminatory
access to users in pursuance of its charter, concession or contract, as the
case may be. For the avoidance of doubt, a project which constitutes a
natural monopoly such as an airport or port should normally be included in
this category even if it is not based on a long-term agreement with a public
entity;
(b) the entity claiming experience should have held, in the company owning
the Eligible Project, a minimum of 26% (twenty-six per cent) equity
during the entire year for which Eligible Experience is being claimed;
(c) the capital cost of the project should be more than Rs. 107 crore (Rs. one
hundred seven crore); and
(d) the entity claiming experience in Category 1 shall, have
(i) during the last 10 (ten) financial years preceding the Proposal Due Date
paid for development of the project (excluding the cost of land), and/ or
(ii) during the last 5 (five) financial years preceding the Proposal Due
Date collected and appropriated the revenues from users availing

services of project assets, such as revenues from room tariff, F&B,

rental for use of project facilities and other incomes of the company
owning the project.
(e) the entity claiming experience in Category 2 shall, have during the last 10
(ten) financial years preceding the Proposal Due Date paid for
development of the project (excluding the cost of land),
3.2.4. For a project to qualify as an Eligible Project under Categories 3 and 4, the Bidder
should have paid for execution of its construction works or received payments
from its client(s) for construction works executed, fully or partially, during the 10
(ten) financial years immediately preceding the Proposal Due Date, and only the
payments (gross) actually made or received, as the case may be, during such 10
(ten) financial years shall qualify for purposes of computing the Experience
Score. However, payments/receipts of less than Rs. 107 crores (Rs. one hundred
and seven crore) shall not be reckoned as payments/receipts for Eligible Projects.
For the avoidance of doubt, construction works shall not include supply of goods
or equipment except when such goods or equipment form part of a turn-key
construction contract/ EPC contract for the project. Further, the cost of land shall
not be included hereunder.
3.2.5. The Bidder shall quote experience in respect of a particular Eligible Project under
any one category only, even though the Bidder (either individually or along with a
member of the Consortium) may have played multiple roles in the cited project.
Double counting for a particular Eligible Project shall not be permitted in any
form.
3.2.6. Subject to the provisions of Clause 3.2.7, a Bidder’s experience shall be measured
and stated in terms of a score (the “Experience Score”). The Experience Score
for an Eligible Project in a given category would be the eligible payments and/or
receipts specified in Clause 2.2.2 (A), divided by one crore and then multiplied by
the applicable factor in Table 3.2.6 below. In case the Bidder has experience
across different categories, the score for each category would be computed as
above and then aggregated to arrive at its Experience Score.
Table 3.2.6: Factors for Experience across categories
Categories Factor
Category 1 1.25
Category 2 1.00
Category 3 0.75
Category 4 0.50
3.2.7. The Experience Score determined in accordance with Clause 3.2.6 in respect of an
Eligible Project situated in a developed country which is a member of OECD
shall be further multiplied by a factor of 0.5 (zero point five) and the product
thereof shall be the Experience Score for such Eligible Project.
3.2.8. Experience for any activity relating to an Eligible Project shall not be claimed by
two or more Members of the Consortium. In other words, no double counting by a
Consortium in respect of the same experience shall be permitted in any manner
whatsoever.
3.3. Details of Experience
3.3.1. [deleted].
3.3.2. The Bidders must provide the necessary information relating to Technical
Capacity as per format at Annex-II of Appendix-I.
3.3.3. The Bidder should furnish the required Project-specific information and evidence
in support of its claim of Technical Capacity, as per format at Annex-IV of
Appendix-I.
3.4. Financial information for purposes of evaluation
3.4.1. The Proposal must be accompanied by the Audited Annual Reports of the Bidder
(of each Member in case of a Consortium) for the last 1 (one) financial years,
preceding the year in which the Proposal is made.
3.4.2. In case the annual accounts for the latest financial year are not audited and
therefore the Bidder cannot make it available, the Bidder shall give an
undertaking to this effect and the statutory auditor shall certify the same. In such a
case, the Bidder shall provide the Audited Annual Reports for 1 (one) years
preceding the year for which the Audited Annual Report is not being provided.
3.4.3 The Bidder must establish the minimum Net Worth specified in Clause 2.2.2 (B),
and provide details as per format at Annex-III of Appendix-I.
3.5. Short-listing of Bidders
3.5.1. The credentials of eligible Bidders shall be measured in terms of their Experience
Score. The sum total of the Experience Scores for all Eligible Projects shall be the
‘Aggregate Experience Score’ of a particular Bidder. In case of a Consortium, the
Aggregate Experience Score of each of its Members, who have an equity share of
at least 26% in such Consortium, shall be summed up for arriving at the combined
Aggregate Experience Score of the Consortium.
3.5.2. The Bidders shall then be ranked on the basis of their respective Aggregate
Experience Scores and short-listed for opening of Commercial Proposals. The
Authority expects to short-list qualified Bidders who will be eligible for opening

and evaluation of their Commercial Proposal. The Authority, however, reserves

the right to increase the number of short-listed qualified Bidders by adding
additional Bidder.
3.5.3. The Authority may, in its discretion, maintain a reserve list of qualified Bidders
who may become eligible to substitute the short-listed Bidders in the event of
their withdrawal from the Bidding Process or upon their failure to conform to the
conditions specified herein before opening of Commercial Proposal.

4. CRITERIA FOR EVALUATION OF COMMERCIAL

PROPOSALS
4.1. Opening and Evaluation of Commercial Proposals
4.1.1. The Authority shall open the Commercial Proposals at the date, time and place
notified and communicated by the Authority and in the presence of the Bidders
who choose to attend.
4.1.2. The Authority will subsequently examine and evaluate the Commercial Proposals
in accordance with the provisions set out in this Section 4.
4.1.3. To facilitate evaluation of Commercial Proposals, the Authority may, at its sole
discretion, seek clarifications in writing from any Bidder regarding its
Commercial Proposal.
4.2. Tests of responsiveness
4.2.1. Prior to evaluation of Commercial Proposals, the Authority shall determine

whether each Commercial Proposal is responsive to the requirements of this RFP.
A Commercial Proposal shall be considered responsive if:
(a) it is received as per the format at Appendix–VI;
(b) it is received by the Proposal Due Date including any extension

thereof pursuant to Clause 2.12.2;
(c) it is signed, sealed, bound together in hard cover and marked as

stipulated in Clauses 2.10 and 2.11;
(d) it does not contain any condition or qualification; and
(e) it is not non-responsive in terms hereof.
4.2.2. The Authority reserves the right to reject any Commercial Proposal which is non-
responsive and no request for alteration, modification, substitution or withdrawal
shall be entertained by the Authority in respect of such Commercial Proposal.
Provided, however, that the Authority may, in its discretion, allow the Bidder to
rectify any infirmities or omissions if the same do not constitute a material
modification of the Commercial Proposal.

4.3. Selection of Bidder
4.3.1. Subject to the provisions of Clause 2.16.1, the Bidder whose Commercial
Proposal is adjudged as responsive in terms of Clause 4.2.1 and who quotes the
highest constructed salable built-up area to be offered to the Authority free of
cost from the salable built-up area of Commercial Facilities to be quoted by the
Bidder as per the terms and conditions of this RFP and the provisions of the
Concession cum Development Agreement shall ordinarily be declared as the
selected Bidder (the “Selected Bidder”). In the event that the Authority rejects or
annuls all the Commercial Proposals, it may, in its discretion, invite all eligible
Bidders to submit fresh Commercial Proposals hereunder.
4.3.2. In the event that two or more Bidders quote the same amount of Bid Parameter
value (the “Tie Bidders”), the Authority shall identify the Selected Bidder by
draw of lots, which shall be conducted, with prior notice, in the presence of the
Tie Bidders who choose to attend.
4.3.3. In the event that the Highest Bidder withdraws or is not selected for any reason in
the first instance (the “first round of bidding”), the Authority may invite all the
remaining Bidders to revalidate or extend their respective Bid Security, as
necessary, and match the Commercial Proposal of the aforesaid Highest Bidder
(the “second round of bidding”). If in the second round of bidding, only one
Bidder matches the Highest Bidder, it shall be the Selected Bidder. If two or more
Bidders match the said Highest Bidder in the second round of bidding, then the
Bidder whose Commercial Proposal was higher as compared to other Bidder(s) in
the first round of bidding shall be the Selected Bidder. For example, if the third
and fifth highest Bidders in the first round of bidding offer to match the said
Highest Bidder in the second round of bidding, the said third highest Bidder shall
be the Selected Bidder.
4.3.4. In the event that no Bidder offers to match the Highest Bidder in the second round
of bidding as specified in Clause 4.3.3, the Authority may, in its discretion, invite
fresh Commercial Proposals (the “third round of bidding”) from all Bidders
except the Highest Bidder of the first round of bidding, or annul the Bidding
Process, as the case may be. In case the Bidders are invited in the third round of
bidding to revalidate or extend their Bid Security, as necessary, and offer fresh
Commercial Proposals, they shall be eligible for submission of fresh Commercial
Proposals provided, however, that in such third round of bidding only such
Commercial Proposals shall be eligible for consideration which are higher than
the Commercial Proposal of the second highest Bidder in the first round of
bidding.
4.3.5. After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by
the Authority to the Selected Bidder and the Selected Bidder shall, within 7
(seven) days of the receipt of the LOA, sign and return the duplicate copy of the
LOA in acknowledgement thereof. In the event the duplicate copy of the LOA
duly signed by the Selected Bidder is not received by the stipulated date, the
Authority may, unless it consents to extension of time for submission thereof,
appropriate the Bid Security of such Bidder as Damages on account of failure of
the Selected Bidder to acknowledge the LOA, and the next eligible Bidder may be
considered.
4.3.6. After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall
cause the Concessionaire to execute the Shareholding Agreements, Concession
cum Development Agreement within the period prescribed in Clause 1.3. The
Selected Bidder shall not be entitled to seek any deviation, modification or
amendment in the Shareholding Agreements, Concession cum Development
Agreement.
4.4. Contacts during Commercial Proposal Evaluation
Commercial Proposals 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 Commercial Proposals are under
consideration, Bidders and/ or their representatives or other interested parties are
advised to refrain, save and except as required under the Bidding Documents,
from contacting by any means, the Authority and/ or their employees/
representatives on matters related to the Commercial Proposals under
consideration.
4.5. Correction of Errors
4.5.1. Commercial proposals determined to be responsive will be checked by Authority

for any arithmetic errors in the Commercial Proposal. Arithmetic errors will be
rectified on the following basis:-
a. Where there is a discrepancy between the percentage quote Commercial

Proposal the in figures and in words, the amount in words will prevail
over the amounts in figures, to the extent of such discrepancy.
b. The amount stated in the Commercial Proposal will be adjusted by the
Authority in accordance with the above procedure for the correction of
errors and shall be considered as binding upon the Bidder. If the Bidder
does not accept the corrected amount of Commercial Proposal, its
Commercial Proposal will be rejected, and its Bid Security may be
forfeited in accordance with Clause 2.23.9

5. FRAUD AND CORRUPT PRACTICES
5.1. The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process.
Notwithstanding anything to the contrary contained herein, the Authority may
reject an Proposal without being liable in any manner whatsoever to the Bidder if
it determines that the Bidder 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.
5.2. Without prejudice to the rights of the Authority under Clause 5.1 hereinabove, if a
Bidder 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,
such Bidder 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 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, as the case may be.
5.3. For the purposes of this Clause 5, the following terms shall have the meaning
hereinafter respectively assigned to them:
a. “corrupt practice” means (i) the offering, giving, receiving, or soliciting,

directly or indirectly, of anything of value to influence the actions of any
person connected with the Bidding Process (for avoidance of doubt, offering
of employment to, or employing, or engaging in any manner whatsoever,
directly or indirectly, any official of the Authority who is or has been
associated in any manner, directly or indirectly, with the Bidding Process or
the LOA or has dealt with matters concerning the Concession cum
Development Agreement or arising therefrom, before or after the execution
thereof, at any time prior to the expiry of one year from the date such official
resigns or retires from or otherwise ceases to be in the service of the
Authority, shall be deemed to constitute influencing the actions of a person
connected with the Bidding Process); or (ii) save and except as permitted
under sub clause (d) of Clause 2.2.1, engaging in any manner whatsoever,
whether during the Bidding Process or after the issue of the LOA or after the
execution of the Concession cum Development Agreement , any person in
respect of any matter relating to the Project or the LOA or the Concession
cum Development Agreement, 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;

b. “fraudulent practice” means a misrepresentation or omission of facts or

suppression of facts or disclosure of incomplete facts, in order to influence the
Bidding Process;
c. “coercive practice” means impairing or harming or threatening to impair or

harm, directly or indirectly, any person or property to influence any person’s
participation or action in the Bidding Process;
d. “undesirable practice” means (i) establishing contact with any person

connected with or employed or engaged by the Authority with the objective of
canvassing, lobbying or in any manner influencing or attempting to influence
the Bidding Process; or (ii) having a Conflict of Interest; and
e. “restrictive practice” means forming a cartel or arriving at any understanding

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

6. PRE-PROPOSAL CONFERENCE
6.1. A Pre-Proposal Conference of the interested parties shall be convened at the

designated date, time and place as specified in Clause 1.3 and 1.4. Representatives
of each interested Bidder would be eligible to participate in the meetings on
intimation in writing at least 3 (three) days prior to the dates of the Pre-Proposal
Conference. Information regarding any change in dates and/or time and/or the
venue of the Pre-Bid conference will be posted on the website of Authority only.
6.2. During the course of Pre-Proposal Conference, 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.

7. MISCELLANEOUS
7.1. The Bidding Process shall be governed by, and construed in accordance with, the
laws of India and the courts in the State in which the Authority has its
headquarters shall have exclusive jurisdiction over all disputes arising under,
pursuant to and/ or in connection with the Bidding Process.
7.2. The Authority, in its sole discretion and without incurring any obligation or
liability, reserves the right, at any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or
supplement the Bidding Process or modify the dates or other terms and
conditions relating thereto;
(b) consult with any Bidder in order to receive clarification or further

information;
(c) pre-qualify or not to pre-qualify any Bidder and/ or to consult with any
Bidder in order to receive clarification or further information;
(d) retain any information and/ or evidence submitted to the Authority by, on
behalf of, and/ or in relation to any Bidder; and/ or
(e) independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or on
behalf of any Bidder.
7.3. It shall be deemed that by submitting the Proposal, 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 the exercise of any
rights and/ or performance of any obligations hereunder and the Bidding
Documents, pursuant hereto, and/ or in connection with the Bidding Process, to
the fullest extent permitted by applicable law, and waives any and all rights and/
or claims it may have in this respect, whether actual or contingent, whether
present or in future.

Appendices

APPENDIX-I
Letter Comprising the Technical Proposal

(Refer Clause 0)
Dated:
To,
The Commissioner,
Andhra Pradesh Capital Region Development Authority,
Lenin Center, Governor Pet,
Vijayawada
Pin: 520 002
Phone: +91-866-2577475
Sub: Proposal for RFP for Development of MICE Hub at Amaravati Capital
City in Andhra Pradesh on PPP Basis (Project)
Dear Sir,
With reference to your RFP document dated ……….., I/we, having examined the
Bidding Documents and understood its contents, hereby submit my/our Proposal in two
envelops for the aforesaid project. The Proposal is unconditional and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information provided

in the Proposal and the documents accompanying such Proposal for qualification of the
Bidders for the aforesaid project, and we certify that all information provided in the
Technical Proposal and in Annexes I to IV and Commercial Proposal is true and correct;
nothing has been omitted which renders such information misleading; and all documents
accompanying such Proposal are true copies of their respective originals.
3. This statement is made for the express purpose of selection of Concessionaire for
the development, construction, operation and maintenance of the aforesaid Project.
4. I/ We shall make available to the Authority any additional information it may find
necessary or require to supplement or authenticate the Proposal.
5. I/ We acknowledge the right of the Authority to reject our Proposal 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.
6. 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.
7. I/ We declare that:
(a) I/ We have examined and have no reservations to the Bidding Document,

including any Addendum issued by the Authority;
(b) I/ We do not have any conflict of interest in accordance with Clauses

2.2.1(c) and 2.2.1(d) of the RFP document;
(c) I/We have not directly or indirectly or through an agent engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice, as defined in Clause 5.3 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
(d) 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.
8. I/ We understand that you may cancel the Bidding Process at any time and that
you are not bound to accept any Proposal for the Project, without incurring any liability
to the Bidders, in accordance with Clause 2.17.6 of the RFP document.
9. I/ We believe that we/ our Consortium satisfy(s) the Net Worth criteria and
meet(s) all the requirements as specified in the RFP document and am/ are qualified to
submit a Proposal.
10. I/ We declare that we/ any Member of the Consortium, or our/ its Associates are
not a Member of a/ any other Consortium making Proposal.
11. 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.
12. 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.

13. 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.£
14. I/ We further certify that we are qualified to submit a proposal/ 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-VII thereof.
15. I/We further certify that we/ any Member of the Consortium or any of our/ their
Associates are not barred by the Central Government/ State Government or any entity
controlled by it, from participating in any project (BOT or otherwise), and no bar subsists
as on the date of Proposal.
16. 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.
17. The Statement of Legal Capacity as per format provided at Annex-V in

Appendix-I of the RFP document, and duly signed, is enclosed. The power of attorney for
signing of Proposal and the power of attorney for Lead Member of consortium, as per
format provided at Appendix II and III respectively of the RFP, are also enclosed.
18. I/ We offer a Bid Security of Rs. 5,35,00,000 (Rs Five Crore and thirty five
lakhs) to the Authority in accordance with RFP Document
19. The Bid Security in the form of a Demand Draft/ Bank Guarantee (strikeout
whichever is not applicable) is attached.
20. I/ We offer a Proposal Process Fee of Rs. 25,000 (Rs. Twenty five thousand)
to the Authority in accordance with RFP Document
21. The documents accompanying the Proposal have been submitted in separate
envelopes and marked as “Technical Proposal” & “Commercial Proposal”.
22. 23. I/We agree and understand that the Proposal is subject to the provisions of the
Bidding Documents. In no case, I/we shall have any claim or right of whatsoever nature
£
In case the Bidder is unable to provide the certification specified in paragraph 13, it may precede the
paragraph by the words viz. “Except as specified in Schedule ……..... hereto”. The exceptions to the
certification or any disclosures relating thereto may be clearly stated in a Schedule to be attached to the
Application. The Authority will consider the contents of such Schedule and determine whether or not the
exceptions/disclosures are material to the suitability of the Bidder for pre-qualification hereunder.

if the Project / Concession is not awarded to me/us or our Proposal is not opened or
rejected.
23. The Commercial Proposal has been quoted by me/us after taking into
consideration all the terms and conditions stated in the RFP, draft Concession
cum Development Agreement, our own estimates of costs and revenues and after a
careful assessment of the Project Site and all the conditions that may affect the Project
cost and implementation of the Project.
24. I/ We understand that the Selected Bidder shall incorporate a two separate
Joint Venture Companies (SPCs) with APCRDA under the Indian Companies Act, 2013
and execute the Shareholders Agreements, prior to the execution of the Concession cum
Development Agreement .
25. I/ We hereby confirm that we shall comply with the O&M requirements specified
in Clause 2.2.3.
26. In the event of my/ our being declared as the Selected Bidder, I/we agree to
enter into a Concession cum Development Agreement in accordance with the draft that
has been provided to me/us prior to the Proposal Due Date. We agree not to seek any
changes in the aforesaid draft and agree to abide by the same.
27. I/We have carefully studied all the Bidding Documents and also inspected
and surveyed the Project Site. We understand that except to the extent as expressly set
forth in the Concession cum Development Agreement , we shall have no claim, right or
title arising out of any documents or information provided to us by the Authority or in
respect of any matter arising out of or relating to the Bidding Process including the
award of Concession
28. 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.
29. I/ We agree and undertake to abide by all the terms and conditions of the RFP
document.
30. I/ We certify that in terms of the RFP, my/our Net Worth is Rs.
……………….. (Rupees …………………………………….) and the Aggregate
Experience Score is…………………… (in figures)
…………..………………………………… (in words).
31. We shall keep this offer valid for 180 (one hundred and eighty) days from the
Proposal Due Date specified in the RFP.

32. We agree and undertake to be jointly and severally liable for all the obligations of
the Concessionaire under the Concession cum Development Agreement till occurrence of
Financial Close in accordance with the Concession cum Development Agreement.$
In witness thereof, I/ we submit this Proposal under and in accordance with the terms of
the RFP document.
Yours faithfully,
Date: (Signature, name and designation of the Authorised Signatory)
Place: Name and seal of the Bidder/ Lead Member
$
This Paragraph 23 shall be omitted if the Bidder is not a Consortium.

Appendix I
Annex-I
ANNEX-I
Particulars of the Bidder
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any,
in India:
(d) Date of incorporation and/ or commencement of business:
2. Brief description of the Company including details of its main lines of
business and proposed role and responsibilities in this Project:
3. 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 Number:
(f) E-Mail Address:
4. Particulars of the Authorised Signatory of the Bidder:
(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
5. In case of a Consortium:
(a) The information above (1-4) should be provided for all the Members of
the Consortium.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.2.5(g)
should be attached to the Proposal.
(c) Information regarding the role of each Member should be provided as
per table below:

Appendix I
Annex-I
Sl. Name of Member Role$ Percentage of equity in the

No. Consortium$$
1.
2.
3.
$
The role of each Member, as may be determined by the Bidder, should be indicated in
accordance with Clause 2.2.5 (d) and instruction 4 at Annex-IV.
$$
The percentage of equity should be in accordance with Clause 2.2.5 (a), (c) and (g).
6. The following information shall also be provided for the Bidder, including
each Member of the Consortium:
Name of Bidder/ member of Consortium:
No. Criteria Yes No

1. Has the Bidder/ constituent of the Consortium been
barred by the Central or any State Government, or
any entity controlled by it, from participating in any
project (BOT or otherwise)
2. If the answer to 1 is yes, does the bar subsist as on
the date of Proposal?
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?
7. 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 in past projects, contractual disputes and
litigation/ arbitration in the recent past is given below (Attach extra sheets, if
necessary):
The Bidder should provide accurate information about any litigation or

arbitration resulting from contracts completed or ongoing under its
execution over the last [five] years in following format.
A history of award(s) against the Bidder will result in summary rejection
of the Bid. Suppression of any information or material in this regard
would be construed as a fundamental breach and the Authority reserves
its right to take appropriate action including rejection/disqualification of
the Bid, forfeiture of Bid Security etc. as may be deemed fit and proper by

the Authority at any time without giving any notice to the Bidder in this
regard.
S. No, Litigation / Nature of Amount (Rs) Status
Arbitration Dispute
Parties
8. Particulars of the Bank Account of Bidder/ Lead Member (for return of Bid
Security, in case it is submitted in the form of Demand Draft):
(a) Account Number:

(b) Name of Account Holder:
(c) Name of Bank:
(d) Address of Branch
(e) IFSC Code No:
(f) MICR Code No:

Appendix I
Annex-II
ANNEX-II
Technical Capacity of the Bidder@

(Refer to Clauses 2.2.2(A), 3.2 and 3.3 of the RFP)
Bidder Member Project Cate- Experience£ Experience

$$
type# Code¥ Code¥¥ gory$ (Equivalent Rs. crore) Score££
Payments Payments Revenues
made/ made for appropriated
received for developme from
construction nt of Eligible
of Eligible Eligible Projects in
Projects in Projects in Categories 1
Categories 3 Categories
and 4 1 and 2 (7)
(1) (2) (3) (4) (5) (6) (8)
Single a
entity b
Bidder c
d
Consortium 1a
Member 1 1b
1c
1d
Consortium 2a
Member 2 2b
2c
2d
Consortium 3a
Member 3 3b
3c
3d
Aggregate Experience Score =
@
Provide details of only those projects that have been undertaken by the Bidder
under its own name and/ or by an Associate specified in Clause 2.2.8 and/ or by a
project company eligible under Clause 3.2.3(b). In case of Categories 1 and 2,
include only those projects which have an estimated capital cost exceeding the

amount specified in Clause 3.2.3(c) and for Categories 3 and 4, include only those
projects where the payments made/received exceed the amount specified in Clause
3.2.4. In case the Proposal Due Date falls within 3 (three) months of the close of the
latest financial year, refer to Clause 2.2.11.
#
A Bidder consisting of a single entity should fill in details as per the row titled Single
entity Bidder and ignore the rows titled Consortium Member. In case of a
Consortium, the row titled Single entity Bidder may be ignored. In case credit is
claimed for an Associate, necessary evidence to establish the relationship of the
Bidder with such Associate, in terms of Clause 2.2.8, shall be provided.
¥
Member Code shall indicate NA for Not Applicable in case of a single entity Bidder.
For other Members, the following abbreviations are suggested viz. LM means Lead
Member, TM means Technical Member, FM means Financial Member, OMM means
Operation & Maintenance Member, OM means Other Member.
¥¥
Refer Annex-IV of this Appendix-I. Add more rows if necessary.
$
Refer Clause 3.2.1.
£
In the case of Eligible Projects in Categories 1 and 2, the figures in columns 6 and 7
may be added for computing the Experience Score of the respective projects. In the
case of Categories 3 and 4, construction shall not include supply of goods or
equipment except when such goods or equipment form part of a turn-key construction
contract/ EPC contract for the project. In no case shall the cost of land be included
while computing the Experience Score of an Eligible Project.
$$
For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees 68
(sixty eight) to a US Dollar. In case of any other currency, the same shall first be
converted to US Dollars as on the date 30 (thirty) days prior to the Proposal 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.
££
Divide the amount in the Experience column by one crore and then multiply the
result thereof by the applicable factor set out in Table 3.2.6 to arrive at the
Experience Score for each Eligible Project. In the case of an Eligible Project situated
in an OECD country, the Experience Score so arrived at shall be further multiplied by
0.5, in accordance with the provisions of Clause 3.2.7, and the product thereof shall
be the Experience Score for such Eligible Projects.

Appendix I
Annex-III
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2(B), 2.2.4 (ii) and 3.4 of the RFP)
Bidder type $$ Member Code£ Net Worth££

(In Rs. crore$)
(1) (2) (3)
Single entity Bidder
Consortium Member 1
Consortium Member 2
Consortium Member 3
TOTAL
Name & address of Bidder’s Bankers:
$
For conversion of other currencies into rupees, see notes below Annex-II of
Appendix-I.
$$A Bidder consisting of a single entity should fill in details as per the row titled
Single entity Bidder and ignore the rows titled Consortium Members. In case of a
Consortium, row titled Single entity Bidder may be ignored.
£For Member Code, see instruction 4 at Annex-IV of this Appendix-I.
££The Bidder should provide details of its own Financial Capacity or of an Associate
specified in Clause 2.2.9.

Appendix I
Annex-III
Instructions:
1. The Bidder/ its constituent Consortium Members shall attach copies of the
balance sheets, financial statements and Annual Reports for 1 (one) year
preceding the Proposal Due Date. The financial statements shall:
(a) reflect the financial situation of the Bidder or Consortium Members
and its/ their Associates where the Bidder is relying on its Associate’s
financials;
(b) be audited by a statutory auditor;
(c) be complete, including all notes to the financial statements; and
(d) correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).
2. [Deleted].
3. Net Worth shall mean (Subscribed and Paid-up Equity + Reserves) less
(Revaluation reserves + miscellaneous expenditure not written off + reserves
not available for distribution to equity shareholders).
4. Year 1 will be the latest completed financial year, preceding the bidding. In
case the Proposal Due Date falls within 3 (three) months of the close of the
latest financial year, refer to Clause 2.2.11.
5. In the case of a Consortium, a copy of the Jt. Bidding Agreement shall be
submitted in accordance with Clause 2.2.5 (g) of the RFP document.
6. The Bidder shall provide an Auditor’s Certificate specifying the Net Worth of
the Bidder and also specifying the methodology adopted for calculating such
Net Worth in accordance with Clause 2.2.2 (B) of the RFP document.

Appendix I
Annex-IV
ANNEX-IV
Details of Eligible Projects

(Refer to Clauses 2.2.2(A), 3.2 and 3.3 of the RFP)
Project Code: Member Code:
Item Refer Particulars of the Project

Instruction
(1) (2) (3)
Title & nature of the project
Category 5
Year-wise (a) payments 6

received/ made for
construction, (b) payments
made for development of
private and PPP projects and/
or (c) revenues appropriated
Entity for which the project 7

was constructed/ developed
Location
Project cost 8
Date of commencement of
project/ contract
Date of completion/ 9
commissioning
Equity shareholding 10
(with period during which

equity was held)
Whether credit is being taken 15

for the Eligible Experience of
an Associate (Yes/ No)

Appendix I
Annex-IV
Instructions:
1. Bidders are expected to provide information in respect of each Eligible Project

in this Annex. The projects cited must comply with the eligibility criteria
specified in Clause 3.2.3 and 3.2.4 of the RFP, as the case may be. Information
provided in this section is intended to serve as a back up for information
provided in the Proposal. Bidders should also refer to the Instructions below.
2. For a single entity Bidder, the Project Codes would be a, b, c, d etc. In case the
Bidder is a Consortium then for Member 1, the Project Codes would be 1a, 1b,
1c, 1d etc., for Member 2 the Project Codes shall be 2a, 2b, 2c, 2d etc., and so
on.
3. A separate sheet should be filled for each Eligible Project.
4. Member Code shall indicate NA for Not Applicable in case of a single entity
Bidder. For other Members, the following abbreviations are suggested viz. LM
means Lead Member, TM means Technical Member, FM means Financial
Member, OMM means Operation & Maintenance Member; and OM means
Other Member. In case the Eligible Project relates to an Associate of the
Bidder or its Member, write “Associate” along with Member Code.
5. Refer to Clause 3.2.1 of the RFP for category number.
6. The total payments received/ made and/or revenues appropriated for each
Eligible Project are to be stated in Annex-II of this Appendix-I. The figures to
be provided here should indicate the break-up for the (i) past 10 (ten) financial
years for payments received/made (Refer sub-clause (i) and (ii) of 2.2.2(A)),
(ii) past 5 (five) financial years for revenue appropriated (Refer sub-clause (iii)
of 2.2.2(A)) . Year 1 refers to the financial year immediately preceding the
Proposal Due Date; Year 2 refers to the year before Year 1, Year 3 refers to
the year before Year 2, and so on (Refer Clause 2.2.11). For Categories 1 and
2, expenditure on development of the project and/or revenues appropriated, as
the case may be, should be provided, but only in respect of projects having an
estimated capital cost exceeding the amount specified in Clause 3.2.3(c). In
case of Categories 3 and 4, payments made/ received only in respect of
construction should be provided, but only if the amount paid/received exceeds
the minimum specified in Clause 3.2.4. Payment for construction works
should only include capital expenditure, and should not include expenditure on
repairs and maintenance.

7. In case of projects in Categories 1 and 2, particulars such as name, address and

contact details of owner/ Authority/ Agency (i.e. concession grantor, counter
party to PPA, etc.) may be provided. In case of projects in Categories 3 and 4,
similar particulars of the client need to be provided.
8. Provide the estimated capital cost of the Eligible Project. Refer to Clauses
3.2.3 and 3.2.4
9. For Categories 1 and 2, the date of commissioning of the project, upon

completion, should be indicated. In case of Categories 3 and 4, date of
completion of construction should be indicated. In the case of projects under
construction, the likely date of completion or commissioning, as the case may
be, shall be indicated.
10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company
owning the Eligible Project, held continuously during the period for which
Eligible Experience is claimed, needs to be given (Refer Clause 3.2.3).
11. Experience for any activity relating to an Eligible Project shall not be claimed
by two or more Members of the Consortium. In other words, no double
counting by a consortium in respect of the same experience shall be permitted
in any manner whatsoever.
12. Certificate from the Bidder’s statutory auditor$ or its respective clients must be
furnished as per formats below for each Eligible Project. In jurisdictions that
do not have statutory auditors, the auditors who audit the annual accounts of
the Bidder/ Member/Associate may provide the requisite certification.
13. If the Bidder is claiming experience under Categories 1£, it should provide a
certificate from the statutory auditor of the Bidder, or its Associate, in the
format below:
$
In case duly certified audited annual financial statements containing the requisite details are provided,
a separate certification by statutory auditors would not be necessary.
£
Refer Clause 3.2.1 of the RFP.

Certificate from the Statutory Auditor regarding Category-1 Private Projects

and PPP projects
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)¥. The project was/is likely to
be commissioned on ……………. (date of commissioning of the project).
We further certify that the total estimated capital cost of the project (excluding land)
is Rs. ……… cr. (Rupees …………………crore), of which Rs. ……… cr. (Rupees
…………… crore) of capital expenditure was incurred during the past ten financial
years as per year-wise details noted below:
………………………
………………………
We also certify that the eligible annual revenues collected and appropriated by the
aforesaid project company in terms of Clauses 3.2.1 and 3.2.3 (d) of the RFP during
the past five financial years were Rs. ……… cr. as per year-wise details noted
below:
………………………
………………………
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation
Date: of the authorised signatory)
 Provide Certificate as per this format only. Attach explanatory notes to the Certificate, if necessary.
In jurisdictions that do not have statutory auditors, the firm of auditors which audits the annual
accounts of the Bidder or its Associate may provide the certificates required under this RFP.
€
Refer instruction no. 10 in this Annex-IV.
¥
In case the project is owned by the Bidder company, this language may be suitably modified to read:
“It is certified that …………….. (name of Bidder) constructed and/ or owned the ………….. (name of
project) from ……………….. (date) to ………………… (date).”

14. If the Bidder is claiming experience under Categories 2£, it should provide a
certificate from the statutory auditor of the Bidder, or its Associate, in the
format below:
Certificate from the Statutory Auditor regarding Category-2 Private Projects

and PPP Projects
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)¥. The project was/is likely to
be commissioned on ……………. (date of commissioning of the project).
We further certify that the total estimated capital cost of the project (excluding land)
is Rs. ……… cr. (Rupees …………………crore), of which Rs. ……… cr. (Rupees
…………… crore) of capital expenditure was incurred during the past ten financial
years as per year-wise details noted below:
………………………
………………………
Seal of the audit firm: (Signature, name and designation
Date: of the authorised signatory)
£
€
Refer instruction no. 10 in this Annex-IV.
¥
In case the project is owned by the Bidder company, this language may be suitably modified to read:
“It is certified that …………….. (name of Bidder) constructed and/ or owned the ………….. (name of
project) from ……………….. (date) to ………………… (date).”

15. If the Bidder is claiming experience under Category 3 & 4, it should provide a
certificate from its statutory auditors or the client in the format below:
Certificate from the Statutory Auditor/ Client regarding CONSTRUCTION

WORKS
{this is to certify that …………………….. (name of the Bidder/Member/Associate)
was engaged by ……………….. (title of the project company) to execute
……………… (name of project) for …………………. (nature of project)}. The
construction of the project commenced on ………….. (date) and the project was/ is
likely to be commissioned on …………… (date, if any). It is certified that
……………. (name of the Bidder/ Member/ Associate) received/paid Rs. ……….. cr.
(Rupees …………………………… crore) by way of payment for the aforesaid
construction works.
We further certify that the total estimated capital cost (excluding land) of the project
is Rs. …… cr. (Rupees …………………crore), of which the
Bidder/Member/Associate received/paid Rs. ……… cr. (Rupees
……………………… crore), in terms of Clauses 3.2.1 and 3.2.4 of the RFP, during
the past ten financial years as per year-wise details noted below:
………………………
………………………
{It is further certified that the payments/ receipts indicated above are restricted to the
share of the Bidder who undertook these works as a partner or a member of joint
venture/ consortium.}

Refer Clauses 3.2.1 and 3.2.4 of the RFP.

In case the Bidder owned the Eligible Project and engaged a contractor for undertaking the
construction works, this language may be modified to read: “this is to certify that …………… (name of
Bidder/ Member/ Associate) held 26% or more of the paid up and subscribed share capital in
the……………. (name of Project company) when it undertook construction of the ……………….
(name of Project) through ………………… (name of the contractor).

This certification should only be provided in case of jobs/ contracts, which are executed as part of a
partnership/ joint venture/ consortium. The payments indicated in the certificate should be restricted to
the share of Bidder in such partnership/ joint venture/ consortium. This portion may be omitted if the
contract did not involve a partnership/ joint venture/ consortium. In case where work is not executed by
partnership/ joint venture/ consortium, this paragraph may be deleted.

Seal of the audit firm: (Signature, name and designation of the
Date: authorised signatory).
16. In the event that credit is being taken for the Eligible Experience of an Associate, as
defined in Clause 2.2.8, the Bidder should also provide a certificate in the format
below:
Certificate from the 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 Applicant/ Consortium Member/ Associate) is held, directly or
indirectly£, by ……………….. (name of Associate/ Applicant/ Consortium Member).
By virtue of the aforesaid share-holding, the latter exercises control over the former,
who is an Associate in terms of Clause 2.2.8 of the RFP.
A brief description of the said equity held, directly or indirectly, is given below:
{Describe the share-holding of the Applicant/ Consortium Member and the

Associate. In the event the Associate is under common control with the Applicant/
Consortium Member, the relationship may be suitably described and similarly
certified herein.}

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

17. It may be noted that in the absence of any detail in the above certificates, the
information would be considered inadequate and could lead to exclusion of the
relevant project in computation of Experience Score.


ANNEX-V
Statement of Legal Capacity
(To be forwarded on the letterhead of the Bidder/ Lead Member of Consortium)
Ref. Date:
To,
The Commissioner,
Lenin Center, Governor Pet, Vijayawada
Pin: 520 002
Phone: +91-866-2577475
Dear Sir,
We hereby confirm that we/ our members in the Consortium (constitution of which
has been described in the Proposal) satisfy the terms and conditions laid out in the
RFP document.
We have agreed that …………………… (insert member’s name) will act as the Lead
Member of our consortium.$
We have agreed that ………………….. (insert individual’s name) will act as our
representative/ will act as the representative of the consortium on its behalf $ and has
been duly authorized to submit the RFP. Further, the authorised signatory is vested
with requisite powers to furnish such letter and authenticate the same.
Thanking you,
Yours faithfully,
(Signature, name and designation of the authorised signatory)
For and on behalf of……………………………..
$
Please strike out whichever is not applicable.

APPENDIX-II
Power of Attorney for signing of Proposal$

(Refer Clause 2.2.5)
Know all men by these presents, We……………………………………………..

(name of the firm and address of the registered office) do hereby irrevocably
constitute, nominate, appoint and 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 Technical Proposal and Commercial Proposal
for the …………………………… Project proposed or being developed by the
Andhra Pradesh Capital Region Development Authority (APCRDA) (the
“Authority”) including but not limited to signing and submission of all Technical
Proposals, Commercial Proposals and other documents and writings, participate in
Pre-Proposals and other conferences and providing information/ responses to the
Authority, representing us in all matters before the Authority, signing and execution
of all contracts including the Concession cum Development Agreement 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
Concession cum Development Agreement with the Authority.
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)
Witnesses:
$
To be submitted in original.

1.
(Notarised)
2.
Accepted
……………………………
(Signature)
(Name, Title and Address of the Attorney)
Notes:
 The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of
the executant(s) and when it is so required, the same should be under common
seal affixed in accordance with the required procedure.
 Wherever required, the Bidder should submit for verification the extract of the
charter documents and documents such as a board or shareholders’ resolution/
power of attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also
have to be legalised by the Indian Embassy and notarised in the jurisdiction where
the Power of Attorney is being issued. However, the Power of Attorney provided
by Bidders from countries that have signed the Hague Legislation Convention
1961 are not required to be legalised by the Indian Embassy if it carries a
conforming Appostille certificate.

APPENDIX-III
Power of Attorney for Lead Member of Consortium$

Whereas the Andhra Pradesh Capital Region Development Authority (“the

Authority” or “APCRDA”) has invited Proposals from interested parties for the
Development of MICE Hub at Amaravati Capital City in Andhra Pradesh on PPP
Basis (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
Consortium’s bid for the Project and its execution.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS
We, …………………….. having our registered office at …………………….., M/s.

…………………….. having our registered office at …………………….., 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 authorise M/S ……………………..
having its registered office at …………………….., being one of the Members of the
Consortium, as the Lead Member and true and lawful attorney of the Consortium
(hereinafter referred to as the “Attorney”). We hereby irrevocably authorise the
Attorney (with power to sub-delegate) to conduct all business for and on behalf of the
Consortium and any one of us during the bidding process and, in the event the
Consortium is awarded the concession/contract, during the execution of the Project
and in this regard, to do on our behalf and on behalf of the Consortium, all or any of
such acts, deeds or things as are necessary or required or incidental to the pre-
qualification of the Consortium and submission of its bid for the Project, including but
not limited to signing and submission of all proposal including technical and
commercial proposals 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
$
To be submitted in original.

the commercial proposal of the Consortium and generally to represent the

Consortium in all its dealings with the Authority, and/ or any other Government
Agency or any person, in all matters in connection with or relating to or arising out of
the Consortium’s proposal for the Project and/ or upon award thereof till the
Concession cum 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
………. 20..…
For ……………………..
(Signature)
……………………..
(Name & Title)
For ……………………..
(Signature)
……………………..
(Name & Title)
For ……………………..
(Signature)
……………………..
(Name & Title)
Witnesses:
1.
2.
………………………………………
(Executants)
(To be executed by all the Members of the Consortium)
Notes:
 The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of
the 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 Appostille certificate.

APPENDIX-IV
Joint Bidding Agreement

(To be executed on Stamp paper of appropriate value)
THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of
………… 20…
AMONGST
1. ………… Limited, a company incorporated under the Companies 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 and

FOURTH} PART are collectively referred to as the “Parties” and each is
individually referred to as a “Party”
WHEREAS,
A. Andhra Pradesh Capital Region Development Authority (APCRDA),

established under Andhra Pradesh Capital Region Development Authority Act,
2014 (Act.No.11 of 2014), represented by its Commissioner and having its
¥
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 organised and validly existing under
the laws of the jurisdiction of its incorporation”. A similar modification may be made in Recital 2, as
necessary.
$
The number of Parties will be shown here, as applicable, subject however to a maximum of 3 (three).

principal offices at Lenin Center, Governor Pet, Vijayawada, Pin: 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 proposals (the
Proposals”) by its Request for Proposal No. ………… dated ………… (the
“RFP”) for Development of MICE Hub at Amaravati Capital City in Andhra
Pradesh on PPP Basis (the “Project”) through public private partnership.
B. The Parties are interested in jointly bidding for the Project as members of a
Consortium and in accordance with the terms and conditions of the RFP
document and other bid documents in respect of the Project, and
C. It is a necessary condition under the RFP document that the members of the
Consortium shall enter into a Joint Bidding Agreement and furnish a copy
thereof with the Proposal.
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
selected Bidder and awarded the Project, it shall enter into two separate
Shareholder Agreements (the “SHA-1” and “SHA-2”) with APCRDA in
the form provided by the Authority and incorporate two special purpose
Companies (the “SPC-1” and “SPC-2”) as a Joint Ventures between the
Selected Bidder (89%) and the APCRDA (11%) under the Indian
Companies Act, 2013 and enter into a Concession cum Development
Agreement with the Authority and perform all its obligations as the
Concessionaire in terms of the Concession cum Development Agreement for
the Project, and perform all its obligations as the Developer in terms of the
Development Agreement for the Project

4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as

described below:
(a) Party of the First Part shall be the Lead member of the Consortium and
shall have the power of attorney from all Parties for conducting all
business for and on behalf of the Consortium during the Bidding
Process and until the Appointed Date under the Concession cum
Development Agreement when all the obligations of the SPCs shall
become effective;
(b) Party of the Second Part shall be {the Technical/ Financial/ O&M
Member of the Consortium;}
{(c) Party of the Third Part shall be the Financial/ Financial/ O&M Member
of the Consortium; and}
5. Joint and Several Liability
The Parties do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Project and in accordance with the
terms of the RFP, the Concession cum Development Agreement, and the
Development Agreement till such time as the Financial Close for the Project is
achieved under and in accordance with the Concession cum Development
Agreement respectively.
6. Shareholding in the SPCs
6.1. The Parties agree that the proportion of shareholding among the Parties in the
SPCs shall be as follows:
First Party:
Second Party:
{Third Party:}
6.2. The Parties undertake that a minimum of 26% (twenty six per cent) of the
subscribed and paid up equity share capital of the SPCs shall, at all times till
the tenth anniversary of the date of signing of the Concession cum
Development Agreement, be held by the Parties of the First, {Second and
Third} Part whose experience and Net Worth have been reckoned for the
purposes of qualification and short-listing of Bidders for the Project in terms
of the RFP.
6.3. The Parties undertake that each of the Parties specified in Clause 6.2 above
shall, at all times between the date of signing of Concession cum Development
Agreement till tenth anniversary thereof, hold subscribed and paid up equity
share capital of SPC-1 equivalent to at least 5% (five per cent) of the Total
Project Cost of Core MICE Hub Facility.
6.4. The Parties undertake that they shall collectively hold at least 51% (fifty one
per cent) of the subscribed and paid up equity share capital of the SPC-1 and
SPC-2 at all times until the tenth anniversary of the signing of Concession cum
Development Agreement of the Project.
6.5. The Parties undertake that they shall comply with all equity lock-in
requirements set forth in the Concession cum Development Agreement .
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organised, validly existing and in good standing
under the laws of its incorporation and has all requisite power and
authority to enter into this Agreement;
(b) The execution, delivery and performance by such Party of this

Agreement has been authorised by all necessary and appropriate
corporate or governmental action and a copy of the extract of the
charter documents and board resolution/ power of attorney in favour of
the person executing this Agreement for the delegation of power and
authority to execute this Agreement on behalf of the Consortium
Member is annexed to this Agreement, and will not, to the best of its
knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having

applicability to it;
(iii) violate the memorandum and articles of association, by-laws or

other applicable organisational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or

other governmental authorisation, approval, judgment, order or
decree or any mortgage agreement, indenture or any other
instrument to which such Party is a party or by which such
Party or any of its properties or assets are bound or that is
otherwise applicable to such Party; or

(v) create or impose any liens, mortgages, pledges, claims, security

interests, charges or encumbrances or obligations to create a
lien, charge, pledge, security interest, encumbrances or
mortgage in or on the property of such Party, except for
encumbrances that would not, individually or in the aggregate,
have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party
from fulfilling its obligations under this Agreement;
(c) this Agreement is the legal and binding obligation of such Party,
enforceable in accordance with its terms against it; and
(d) there is no litigation pending or, to the best of such Party's knowledge,
threatened to which it or any of its 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 fulfillment of its
obligations under this Agreement.
8. Termination
This Agreement shall be effective from the date hereof and shall continue in
full force and effect until the Financial Close of the Project is achieved under
and in accordance with the Concession cum Development Agreement
respectively, in case the Project is awarded to the Consortium. However, in
case the Consortium is either not shortlisted for the Project or does not get
selected for award of the Project, the Agreement will stand terminated in case
the Bidder is not shortlisted or upon return of the Bid Security by the
Authority to the Bidder, as the case may be.
9. Miscellaneous
9.1. This Joint Bidding Agreement shall be governed by laws of India.
9.2. The Parties acknowledge and accept that this Agreement shall not be amended
by the Parties without the prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED

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

For and on behalf of
LEAD MEMBER by: 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. 2.
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in

accordance with the procedure, if any, laid down by the Applicable Law and
the charter documents of the executant(s) and when it is so required, the same
should be under common seal affixed in accordance with the required
procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the
charter documents and documents such as resolution / power of attorney in
favour of the person executing this Agreement for the delegation of power
and authority to execute this Agreement on behalf of the Consortium
Member.
3. For a Joint Bidding Agreement executed and issued overseas, the document
shall be legalised by the Indian Embassy and notarized in the jurisdiction
where the Power of Attorney has been executed.

APPENDIX–V
Bank Guarantee for Bid Security
(Refer Clauses 2.23 and 1.2.4)
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 proposal/ bid of
…………………… (a company registered under the Companies Act, 1956/
2013) 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 on [DBFOT] basis (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 Concession cum Development Agreement (hereinafter collectively
referred to as “Bidding Documents”), we (Name of the Bank) having our
registered office at ……………………… and one of its branches at
…………………….. (hereinafter referred to as the “Bank”), at the request of
the Bidder, do hereby in terms of Clause 2.1.7 read with Clause 2.1.8 of the
RFP Document, irrevocably, unconditionally and without reservation guarantee
the due and faithful fulfilment and compliance of the terms and conditions of
the Bidding Documents (including the RFP Document) by the said Bidder 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 Bidding Documents.
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 Bidding Documents shall be final, conclusive and
binding on the Bank.
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and
payable under this Guarantee without any demur, reservation, recourse, contest
or protest and without any reference to the Bidder or any other person and
irrespective of whether the claim of the 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 Bidding Documents
including failure of the said Bidder to keep its Proposal open during the

Proposal validity period as set forth in the said Bidding Documents for any
reason whatsoever. Any such demand made on the Bank shall be conclusive as regards
amount due and payable by the Bank under this Guarantee. However, our liability
under this Guarantee shall be restricted to an amount not exceeding Rs. …………
(Rupees …………………………. only).
4. This Guarantee shall be irrevocable and remain in full force for a period of 240
(two hundred and forty) days from the Proposal 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 Bidding Documents
including, inter alia, the failure of the Bidder to keep its Proposal open during
the Proposal validity period set forth in the said Bidding 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 Bidding Documents or to extend time for submission of the
Proposals or the Proposal validity period or the period for conveying acceptance
of Letter of Award by the Bidder or the period for fulfilment and compliance
with all or any of the terms and conditions contained in the said Bidding
Documents by the said Bidder or to postpone for any time and from time to time
any of the powers exercisable by it against the said Bidder and either to enforce
or forbear from enforcing any of the terms and conditions contained in the said
Bidding Documents or the securities available to the 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 Bank’s 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 falling 240 days after the Proposal
Due Date)].
Signed and Delivered by ………………………. Bank
By the hand of Mr./Ms …………………….., its ………………….. and authorised

official.
(Signature of the Authorised Signatory)
(Official Seal)

APPENDIX-VI
Letter Comprising Commercial Proposal
Dated:
To,
The Commissioner,
Lenin Centre, Governor Pet, Vijayawada
Pin: 520 002
Phone: +91-866-2577475
Sub: Commercial Proposal for Development of MICE Hub at Amaravati

Capital City in Andhra Pradesh on PPP Basis (the Project)
Dear Sir,
We are pleased to submit our Commercial Proposal for the Project as follows:
1. I/ We offer saleable built-up area of ……….. sqft (………. ……… ……

square feet) out of the saleable built-up area of Commercial Facilities
constructed/ going to be constructed in the Commercial Development Area to
the Authority, which shall be handed over to the Authority free of cost in
terms of and in accordance with the provisions of the Bidding Documents.
2. I/ We understand that the actual built-up area to be handed over to the

Authority shall be higher of figure quoted above or 10% (ten percent) of
actual built-up area actually developed in the Commercial Development
Area..
3. I/ We understand that aforesaid quoted saleable built-up area shall be

computed and determined as per the methodology given in the Concession
cum Development Agreement.
4. I/ We understand that aforesaid quoted saleable built-up area shall be, subject
to the provisions of Bidding Documents, handed over to the Authority with
all associated rights including right of way, rights related to common area and
rights related to associated common facilities and proportionate right on land.
5. We understand that the above quoted saleable built-up area is inclusive of

minimum 2,00,000 sqft (two lakh square feet) saleable built-up area that is
required to be handed over to the Authority free of cost in terms of and in
accordance with the provisions of the Concession cum Development

Agreement.
6. That our Commercial Proposal is valid for 180 (one hundred and eighty) days
from Proposal Due Date.
We hereby declare that our Commercial Proposal is unqualified and unconditional

in all respects and there are no deviations from the stated terms in the Bidding
Documents.
The aforesaid constructed built-up area share has been quoted by us after taking into
consideration all the terms and conditions stated in the Bidding Documents including
the RFP, draft Shareholding Agreements, draft Concession cum Development
Agreement, our own estimates of demand, costs and revenues and after a careful
assessment of the Project Site and all the conditions that may affect the Proposal.
In witness thereof, I/ we submit this Commercial Proposal/ offer under and in

accordance with the terms of the Bidding Documents.
Yours faithfully,
Date: (Signature, name and designation of the Authorised Signatory)
Place: Name and seal of the Bidder/ Lead Member

APPENDIX-VII
Guidelines of the Department of Disinvestment
No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi.
th
Dated 13 July, 2001.
OFFICE MEMORANDUM
Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public
Sector Enterprises through the process of disinvestment
Government has examined the issue of framing comprehensive and transparent

guidelines defining the criteria for bidders interested in PSE-disinvestment so that the
parties selected through competitive bidding could inspire public confidence. Earlier,
criteria like Net Worth, experience etc. used to be prescribed. Based on experience
and in consultation with concerned departments, Government has decided to prescribe
the following additional criteria for the qualification/ disqualification of the parties
seeking to acquire stakes in public sector enterprises through disinvestment:
(a) In regard to matters other than the security and integrity of the country,
any conviction by a Court of Law or indictment/ adverse order by a
regulatory authority that casts a doubt on the ability of the bidder to
manage the public sector unit when it is disinvested, or which relates to a
grave offence would constitute disqualification. Grave offence is defined
to be of such a nature that it outrages the moral sense of the community.
The decision in regard to the nature of the offence would be taken on case
to case basis after considering the facts of the case and relevant legal
principles, by the Government of India.
(b) In regard to matters relating to the security and integrity of the country,
any charge-sheet by an agency of the Government/ conviction by a Court
of Law for an offence committed by the bidding party or by any sister
concern of the bidding party would result in disqualification. The decision
in regard to the relationship between the sister concerns would be taken,
based on the relevant facts and after examining whether the two concerns
are substantially controlled by the same person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that
Government deems appropriate.

(d) Any entity, which is disqualified from participating in the disinvestment

process, would not be allowed to remain associated with it or get
associated merely because it has preferred an appeal against the order
based on which it has been disqualified. The mere pendency of appeal will
have no effect on the disqualification.
(e) The disqualification criteria would come into effect immediately and
would apply to all bidders for various disinvestment transactions, which
have not been completed as yet.
(f) Before disqualifying a concern, a Show Cause Notice why it should not be
disqualified would be issued to it and it would be given an opportunity to
explain its position.
(g) Henceforth, these criteria will be prescribed in the advertisements seeking

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

APPENDIX-VIII
List of Proposal-specific provisions
A. Appendices with non-numeric footnotes
All non-numeric footnotes in the Appendices shall be retained in the respective

Appendices for guidance of the Bidders. These shall be omitted by the Bidders
while submitting their respective Proposals.
B. Appendices where curly brackets are used
1. Appendix I (Annex-IV): Letter Comprising the Proposal for Pre-Qualification.
2. Appendix IV: Joint Bidding Agreement: Recitals 3 and 4; Clauses 4 and 6.
Note: The curly brackets should be removed after the provisions contained therein
are suitably addressed by the Bidders.
C. Appendices with blank spaces
These shall be filled up when the format of the respective Appendix is used.

01 - RFP For MICE Hub in Amaravati PDF

Uploaded by

Copyright:

Available Formats

01 - RFP For MICE Hub in Amaravati PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

01 - RFP For MICE Hub in Amaravati PDF

Uploaded by

Copyright:

Available Formats

Draft Concession cum Development Agreement (Part-I) for Development of MICE Hub at Amravati Capital

City in Andhra Pradesh on PPP Basis

GOVERNMENT OF ANDHRA PRADESH

DEVELOPMENT OF MICE HUB

REQUEST FOR PROPOSAL

APCRDA, Bidding Document, Volume-1: Request for Proposal

Request for Proposal (RFP)

APCRDA, Bidding Document, Volume-1: Request for Proposal Page i

Sl. No. Contents

APCRDA, Bidding Document, Volume-1: Request for Proposal Page ii

2C Preparation and Submission of Proposal

4 Criteria for Evaluation of Commercial Proposal

I Letter Comprising the Proposal for Pre-Qualification

APCRDA, Bidding Document, Volume-1: Request for Proposal Page iv

APCRDA, Bidding Document, Volume-1: Request for Proposal Page v

The Authority, its employees, advisors or consultants make no representation or warranty

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

APCRDA, Bidding Document, Volume-1: Request for Proposal Page vi

APCRDA Andhra Pradesh Capital Region Development

APCRDA, Bidding Document, Volume-1: Request for Proposal Page vii

Net Worth As defined in Clause 2.2.2 (B)

APCRDA, Bidding Document, Volume-1: Request for Proposal Page viii

Andhra Pradesh Capital Region Development Authority (APCRDA) (the

Amaravati is envisioned to be one of the top centres of economic, cultural &

The APCRDA has initiated the development of a State-of-the-Art MICE HUB

APCRDA, Bidding Document, Volume-1: Request for Proposal Page 1

Commercial Development (including the residential component), Food Court,

As part of its implementation plans, APCRDA intends to undertake the

1.1.1. Project Site and Extent

At present the site is abutted by Amaravati-Karakatta Road (classified as Sub-

The site is more particularly defined at Schedule A of draft Concession cum

1.1.2. Project Scope

The Project shall be developed and implemented in distinct zones:

(twenty two) acre (the “Core MICE Hub Facility”) to be provided to

1.1.2.1. Core MICE Hub Facility

Phase-1 of the Core MICE Hub Facility shall comprise:

(a) Mega International Convention Centre: Convention Centre with Main

(iii) Board Rooms of different sizes – 10 pax to 30 pax (number and

APCRDA, Bidding Document, Volume-1: Request for Proposal Page 3

(v) Ballroom and Banquet Halls (with pre-reception area) of adequate

(vi) Adequate space for minimum 50 stalls of minimum size of 3m x3m

(vii) Any other complementary facility as deemed fit to the requirement

(b) Exhibition Halls (Multipurpose, Air conditioned) with minimum of

(e) Other optional facilities:

 Trade mart for showcasing handicraft, artifacts, gems and jewelry

 Office space for exhibitors, advertising and event management

Phase-II of the Core MICE Hub Facility shall comprise:

(a) Mega International Convention Centre: Expansion of Existing

(b) Exhibition Halls (Multipurpose, Air-conditioned): Additional

and in accordance with the provisions of the Concession cum Development

1.1.2.1.3. Phase wise minimum development obligations of the Concessionaire are

1.1.2.2. Riverfront Development

Riverfront Development including seating arrangements, food courts etc. can

(iii) Riverfront land will be provided on nominal lease rental of Rs 100

1.1.2.3. Commercial Facilities /Commercial Development

1.1.2.3.1. Subject to the provisions of Concession cum Development Agreement, in

APCRDA, Bidding Document, Volume-1: Request for Proposal Page 5

1.1.2.3.2. The Developer/SPC-2 shall be allowed to develop commercial, retail,

1.1.2.3.3. Subject to provision of draft Concession cum Development Agreement, the