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Huge township project between Dahej & Bharuch

Huge township project between Dahej & Bharuch


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  • 1. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat REQUEST FOR QUALIFICATION (RFQ) GIIPDCL February 2010 Gujarat Industrial Infrastructure Project Development Company Limited 301, Dev Arc, Iskon Circle, Near Fun Republic, SG Highway, Ahmedabad - 380015 Ph: 079-40206200, Fax: 079-40206299
  • 2. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat DISCLAIMERThe information contained in this Request for Qualification document (the “RFQ”) orsubsequently provided to Applicant(s), whether verbally or in documentary or any other form,by or on behalf of Government of Gujarat and/or Gujarat Industrial Development Corporation(the ”Authority”) or any of their employees or advisors, is provided to Applicant(s) on theterms and conditions set out in this RFQ and such other terms and conditions subject to whichsuch information is provided.This RFQ is not an agreement and is neither an offer nor invitation by the Authority to theprospective Applicants or any other person. The purpose of this RFQ is to provide interestedparties with information that may be useful to them in the formulation of their application forqualification pursuant to this RFQ (the “Application”). This RFQ includes statements, whichreflect various assumptions and assessments arrived at by the Authority in relation to theProject. Such assumptions, assessments and statements do not purport to contain all theinformation that each Applicant may require. This RFQ may not be appropriate for all persons,and it is not possible for the Authority, its employees or advisors to consider the investmentobjectives, financial situation and particular needs of each party who reads or uses this RFQ. Theassumptions, assessments, statements and information contained in this RFQ may not becomplete, accurate, adequate or correct. Each Applicant should therefore, conduct its owninvestigations and analysis and should check the accuracy, adequacy, correctness, reliability andcompleteness of the assumptions, assessments, statements and information contained in thisRFQ and obtain independent advice from appropriate sources.Information provided in this RFQ to the Applicant(s) is on a wide range of matters, some ofwhich depends upon interpretation of law. The information given is not an exhaustive accountof statutory requirements and should not be regarded as a complete or authoritative statementof law. The Authority accepts no responsibility for the accuracy or otherwise for anyinterpretation or opinion on law expressed herein.The Authority, its employees and advisors make no representation or warranty and shall haveno liability to any person, including any Applicant or Bidder, under any law, statute, rules orregulations 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 ofanything contained in this RFQ or otherwise, including the accuracy, adequacy, correctness,completeness or reliability of the RFQ and any assessment, assumption, statement orinformation contained therein or deemed to form part of this RFQ or arising in any way withpre-qualification of Applicants for participation in the Bidding Process.The Authority also accepts no liability of any nature whether resulting from negligence orotherwise howsoever caused arising from reliance of any Applicant upon the statementscontained in this RFQ.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 thisRFQ.The issue of this RFQ does not imply that the Authority is bound to select and shortlist pre-qualified Applications for Bid Stage or to appoint the selected Bidder or Developer/Lessee, asRequest for Qualification Page 2
  • 3. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujaratthe case may be, for the Project and the Authority reserves the right to reject all or any of theApplications or Bids without assigning any reasons whatsoever.The Applicant shall bear all its costs associated with or relating to the preparation andsubmission of its Application including but not limited to preparation, copying, postage, deliveryfees, expenses associated with any demonstrations or presentations which may be required bythe Authority or any other costs incurred in connection with or relating to its Application. Allsuch costs and expenses will remain with the Applicant and the Authority shall not be liable inany manner whatsoever for the same or for any other costs or other expenses incurred by anApplicant in preparation or submission of the Application, regardless of the conduct or outcomeof the Bidding Process.Request for Qualification Page 3
  • 4. India Dahej Location of Dahej in India
  • 5. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat TABLE OF CONTENTSDISCLAIMER ...........................................................................................................................................................................................................2TABLE OF CONTENTS ..................................................................................................................................................................................5ABBREVIATIONS ................................................................................................................................................................................................7DEFINITIONS ..........................................................................................................................................................................................................8SCHEDULE OF BIDDING PROCESS................................................................................................................................................9SECTION I: .................................................................................................................................................................................................................... 10PROJECT INFORMATION ...................................................................................................................................................................... 10 1.1 PROJECT BACKGROUND .................................................................................................................11 1.2 PROJECT LOCATION & CONNECT IVITY: DAHEJ .................................................................11 1.3 SCENARIO: DAHEJ & BH ARUCH .................................................................................................12 1.4 PROJECT STRENGTHS ......................................................................................................................13 1.5 PROJECT NEED: HOUSING SCEN ARIO IN PCPIR ..................................................................13 1.6 PROJECT .................................................................................................................................................14 1.7 BRIEF DESCRIPTION OF THE BIDDING PROCESS ...............................................................15 1.8 PROJECT ADVISOR ............................................................................................................................16SECTION II: .................................................................................................................................................................................................................. 17INSTRUCTION TO APPLICANTS .................................................................................................................................................... 17 2.1 BACKGROUND .....................................................................................................................................18 2.2 SCOPE OF APPLICATION ................................................................................................................18 2.3 ELIGIBLE APPLICANTS ...................................................................................................................19 2.4 CHANGE IN COMPOSITION OF THE CONSORTIUM ............................................................21 2.5 NUMBER OF APPLICATIONS AND COSTS THEREOF ..........................................................22 2.6 SITE VISIT AND VERIFICATION OF INFO RMATION ..........................................................22 2.7 ACKNOWLEDGEMENT BY APPLICANT ....................................................................................22 2.8 RIGHT TO ACCEPT OR REJECT ANY OR ALL APP LICATIONS/ BIDS ..........................23 2.9 CONTENTS OF THE RFQ ..................................................................................................................24 2.10 CLARIFICATIONS ...............................................................................................................................24 2.11 AMENDMENT OF RFQ ......................................................................................................................25 2.12 LANGUAGE ...........................................................................................................................................25 2.13 FORMAT AND SIGNING O F APPLICATION .............................................................................25 2.14 SEALING AND MARKING OF APPLICATIONS .......................................................................26 2.15 APPLICATION DUE DATE ...............................................................................................................27 2.16 LATE APPLICATIONS .......................................................................................................................27 2.17 MODIFICATIONS/ SUBST ITUTION/ WITHDRAWAL OF APPLICATIONS ....................28 2.18 OPENING AND EVALUATION OF APPLICATIONS ...............................................................28 2.19 CONFIDENTIALITY ............................................................................................................................28 2.20 TESTS OF RESPONSIVENESS ........................................................................................................29 2.21 CLARIFICATIONS ...............................................................................................................................29 2.22 SHORT-LISTING AND NOTIFICATION ......................................................................................30 2.23 SUBMISSION OF BIDS ......................................................................................................................30 2.24 PROPRIETARY DATA ........................................................................................................................30 2.25 CORRESPONDENCE WITH THE APPLICANT ..........................................................................30Request for Qualification Page 5
  • 6. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, GujaratSECTION III .................................................................................................................................................................................................................. 31CRITERIA FOR EVALUATION .......................................................................................................................................................... 31 3.1 EVALUATION PARAMETERS ........................................................................................................32 3.2 FINANCIAL CAPABILITY ................................................................................................................32 3.3 TECHNICAL EXPERIENCE ..............................................................................................................32SECTION IV .................................................................................................................................................................................................................. 34FRAUD & CORRUPT PRAC TICES .................................................................................................................................................. 34SECTION V.................................................................................................................................................................................................................... 37MISCELLANEOUS ........................................................................................................................................................................................... 37ANNEXURES OF FORMATS .................................................................................................................................................................. 40 ANNEXURE 1: LETTER COMPRISING THE APPLICATION .............................................................41 ANNEXURE 2: CHECKLIST FOR SUBMISSION OF RFQ ...................................................................43 ANNEXURE 3: FORMAT FOR LETTER OF UNDERTAKING ............................................................44 ANNEXURE4: FORMAT FO R CONSORITIUM AGREEMENT ...........................................................45 ANNEXURE 5: FORMAT FOR GENERAL INFORMATION ................................................................49 ANNEXURE 6: FINANCIAL INFORMATION OF THE APPLICANT ................................................50 ANNEXURE 7: EXPERIENCE IN REAL ESTATE /INFRASTRUCTURE DEVELOPMENT/ SPECIAL AREA PROJECT S ...........................................................................................................................51 ANNEXURE 8: FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF APPLI CATION ...52 ANNEXURE 9: FORMAT FOR P OWER OF ATTORNEY FOR LEAD MEMBER OF CONSORTIUM ....................................................................................................................................................53Request for Qualification Page 6
  • 7. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat ABBREVIATIONS GIIPDCL : Gujarat Industrial Infrastructure Project Development Company Limited GIDC : Gujarat Industrial Development Corporation IL&FS : Infrastructure Leasing and Financial Services Limited IL&FS IDC : IL&FS Infrastructure Development Corporation RFQ : Request for Qualification RFP : Request for Proposal SPC : Special Purpose Company PCPIR : Petroleum Chemical and Petrochemical Investment Region INR : Indian Rupee BUA : Built up AreaRequest for Qualification Page 7
  • 8. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat DEFINITIONS Authority : As defined in Section 2.1.1 Project : As defined in Section 1.6 & 2.1.1 Project Categories : As defined in Section 1.6 Applicants : As defined in section 1.7.1 Qualification Stage : As defined in section 1.7.3 Qualified Applicants : As defined in section 1.7.3 Bid Stage : As defined in section 1.7.3 Bidders : As defined in section 1.7.4 Bid Security : As defined in section 1.7.6 Consortium : As defined in section 2.3.1 Conflict of Interest : As defined in section 2.3.3 Lead Member : As defined in Section 2.3.6(c) Consortium Agreement : As defined in Section 2.3.6(g) Developer/Lessee : As defined in section 2.3.1 Lease Agreement : As defined in section 2.3.1 Application Due Date : As defined in section 2.1.4 Net-worth : Net-Worth = Subscribed and Paid-up Equity (including Share Premium, if any) + Reserves – Revaluation Reserves - Miscellaneous expenditure not written off -Deferred Revenue Expenditure - Deficit in Profit &Loss AccountRequest for Qualification Page 8
  • 9. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat SCHEDULE OF BIDDING PROCESSThe Authority shall endeavor to adhere to the following schedule: Event Description Estimated Date QUALIFICATION STAGE Issue of RFQ document D Last date for receiving queries D+15 days Project Briefing Meeting(Developers’ Conclave)* D+15 days Authority response to queries latest by D+20 days Application Due Date D+30 days Due date for opening of RFQs D+35 days Announcement of short-listed Bidders D+45 days BID STAGE Sale of Bid Documents To be specified in RFP document Last date for receiving queries Pre-Bid meeting – 1 Authority response to queries latest by Pre-Bid meeting – 2 Bid Due Date(s) Opening of Bids Letter of Award (LOA) Validity of Bids Signing of Lease Agreement^ D= February 15, 2010*Interested parties who wish to attend the meeting should confirm their participation toGIIPDCL at the address given for communication.Request for Qualification Page 9
  • 10. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat SECTION I: PROJECT INFORMATIONRequest for Qualification Page 10
  • 11. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat 1.1 PROJECT BACKGROUND GIDC intends to develop integrated township at Atali near Dahej in Gujarat on public private partnership format. The township will primarily cater to the need of industrial workforce engaged within PCPIR - Gujarat (Petroleum Chemical and Petrochemical Investment Region) and other industrial estates/Special Economic Zones/ industrial areas (considering existing, upcoming and proposed) located around Dahej. For development of industrial infrastructure on PPP, GIDC has formed a Special Purpose Company (SPC) named Gujarat Industrial Infrastructure Project Development Company Limited (GIIPDCL) with IL&FS Infrastructure Development Corporation (IL&FS IDC) and IL&FS IIDC Fund. Integrated Township at Dahej is one of the flagship projects being developed by GIIPDCL. 1.2 PROJECT LOCATION & CONNECTIVITY: DAHEJ Dahej, a chemical hub and port, is situated on the Gulf of Cambay in Vagra Taluka of Bharuch District in Gujarat. The nearest urban center for Dahej is Bharuch. Other major cities of Gujarat are Vadodara and Ahmedabad in Northern side and Surat in Southern side. Location: The integrated township project spread over an area of around 1000 ha having following breakup: Atali township Phase II – 294 ha Township at Ekal, Keshrol & Manad – 714 ha However in the first phase, Atali township Phase II (294 ha) between Bharuch & Dahej (20 km from either side) is being developed.Request for Qualification Page 11
  • 12. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat Connectivity: Road Connectivity: The proposed site for Atali Phase II is strategically located in PCPIR region abutting SH-6 To, Delhi connecting Bharuch and Dahej. Jambusar SEZ It is located opposite to the upcoming Atali Township Phase Vilayat SEZs (3) I (146 ha). The site is also Atali Township VAGRA connected to NH-8 (Delhi- Phase I (146 Ha) Dahej Mumbai corridor) through SH-4. Industrial PCPIR BHARUCH Estate Dahej SH - 6 Rail connectivity: The Delhi- Jhagadia SEZ Mumbai rail link passes through JHAGADIA Dahej SEZ Dahej SEZ Atali Township ANKLESHWAR Functional Phase II (294 Ha) Bharuch. To increase the Township at Dahej PCPIR accessibility of Dahej port, Keshrol, Mannad PANOLI & Eksal (714 ha) • 7 Notified SEZs conversion of meter gauge to Panoli SEZ • Project Site broad gauge railway line is To, Mumbai • Important Towns proposed to connect this port with Surat and Vadodara (SPV named as Bharuch Dahej Railway Company Ltd (SPV) formed for development of railway infrastructure in PCPIR through PPP). Refer www.bdrail.in. Air connectivity: The nearest airport is at Vadodara (111 km) Port connectivity: The site is well connected by sea way. Petronet LNG, GCPTCL, IPC and Birla Copper are some of the leading jetties in the area. Adani-Petronet solid cargo jetty is under construction, and another terminal is proposed near the Birla Copper jetty. 1.3 SCENARIO: DAHEJ & BHARUCH Bharuch district has 137 large and medium size industrial units and 9940 small scale units. Bharuch district has concentration of chemical, petrochemical and related industries. Dahej has been identified as PCPIR region and become the first PCPIR approved by the GOI. It is estimated that Industries located in Dahej contribute 15 % of Gujarats State GDP. Dahej PCPIR is being developed in Bharuch District (Vagra & Bharuch Taluka) and spread over an area Location of PCPIR of 453 sq km and is estimated to attract investments of INR 50000 crore and provide employment to 8 lakh people. This PCIPIR has already seen committed investments of about 22,930 Cr. Dahej PCPIR is one of the country’s largest chemical & petrochemical complex having following industrial segments: Dahej Industrial Estate (spread across 4500 ha with large manufacturing units)Request for Qualification Page 12
  • 13. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat Dahej SEZ (notified and functional multi product SEZ spread over 1719 ha). Dahej SEZ, a multiproduct SEZ, is being developed by Dahej SEZ Ltd (DSL), a JV company of GIDC and ONGC. Dahej Industrial Estate – Phase II (spread across 4200 ha is under development) Dahej Port (for transportation of solid, liquid and LNG facilities including first LNG Terminal in the country) Large corporates having their Notified SEZs within 25-30 km manufacturing units in and around Dahej radius of Project Sites (Bharuch District) include Reliance (earlier IPCL), Gujarat Location Type Land Alkalies & Chemicals Limited (GACL), (Ha) Birla Copper, Chemical Port Terminal Jambusar Multi-product 3,380 Company Limited, BASF, Welspun, Dahej Multi-product 1,719 Petronet LNG etc. Vilayat Hydrocarbon 450 Mega industrial projects in pipeline: Jhagadia Ceramic & Glass 197 Vilayat Chemicals 160 Other large scale developments in Panoli Pharmaceuticals 130 pipeline which are under various stages of Vilayat Agro based 118 implementation including (i) 7 SEZs in (Chemical) Bharuch District within 25-30 km from 6154 Atali village (ii) Bharuch-Dahej Investment Region and Vadodara-Ankleshwar Industrial Area under Delhi Mumbai Industrial Corridor (DMIC) 1.4 PROJECT STRENGTHS  Huge demand of existing industrial workforce of Dahej Industrial Estate  7 notified SEZs within the catchment area, including functional Dahej SEZ of 1719 ha with processing area of 1698 ha without any provision for housing  One of the few townships within entire PCPIR (spread across 453 sq km) where investments worth Rs. 50000 crore are envisaged  Offsite trunk infrastructure already in place. Bharuch Dahej Railway Company Ltd (SPV) formed for development of railway infrastructure in PCPIR through PPP.  DMIC corridor is passing through Bharuch (Bharuch-Dahej Investment Region and Vadodara-Ankleshwar Industrial Area are planned for development) 1.5 PROJECT NEED: HOUSING SCENARIO IN PCPIR This project being only industrial township project envisaged in Dahej PCPIR has good potential for development through Private Sector Participation. Considering a catchment area of 20-25 km (4 notified SEZs, PCPIR region and Dahej Industrial Estate including functional SEZ in Dahej), there is a dire need of housing in Dahej region due to following reasons:Request for Qualification Page 13
  • 14. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat  Employees working in Industries within Dahej PCPIR area are commuting from nearby cities like Bharuch (42 km), Ankleshwar (56 km) and Vadodara (111 km). The proposed Atali Township will substantially reduce their commuting time.  Around 13588 ha area has been earmarked for residential and recreational land use to fulfill the housing requirement of the entire PCPIR region of 453 sq km. However initially residential projects are envisaged only at Atali and Kaladara villages of Vagra Taluka.  As per PCPIR master plan, the total investments worth Rs. 50,000 crores are expected to generate employment of around 8 lakh people. However Atali Township phase II is proposed to accommodate around 15000 housing units and hence still a huge gap between demand and supply is expected even after development of this township. 1.6 PROJECT Project Components: Integrated, self-sufficient township with quality housing, healthy living and state of art infrastructure is proposed to be developed in a planned manner with following components:  Residential: Housing for all income categories - Bungalows to affordable housing (HIG, MIG, LIG & EWS)  Commercial: Markets, offices, shopping centers, hotel & restaurants  Social Infrastructure : Education & health facilities and other public utilities  Recreation: leisure & entertainment facilities, parks/gardens/open-spaces, landscaped areas  Support Infrastructure: Efficient transport system, road network, quality water supply, sewerage & drainage facilities, power supply, utilities, security etc. Project Categories: The entire project area of 292.93 ha shall be sub-divided into small land parcels (Residential Sectors) of around 40-50 ha. Each of these sectors are planned to be developed as a self-sufficient sector. In addition to these sectors, a Central Business District (CBD)/City Centre is also planned within the township. In addition to these, Trunk infrastructure is conceived to be developed as an integral part of entire Township. The Projects are categorised into following three broad categories (the “Project Categories”): Sr. No. Project Category Minimum Development Obligations 1 Residential Residential units and other incidental facilities Sectors (commercial, social, recreational) and supporting (internal) infrastructure within each Residential SectorRequest for Qualification Page 14
  • 15. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat 2 Central Business Markets, offices, shopping centers/Malls, hotels & District/ City restaurants, Multiplexes, Education, Health and Centre other supporting facilities and supporting (internal) infrastructure within CBD/City Centre 3 Trunk Trunk water supply network & water treatment Infrastructure plant, sewerage system (including Sewerage Treatment Plant & Pumping stations), road network, Storm water drainage system, Solid waste management & utilities Applicants may apply for any one and/or the entire above mentioned project categories based on their technical & financial capabilities as described in Section 3.2 & 3.3. The bidder(s) selected through bid process is(are) required to undertake Planning, detailed Engineering & Designing, Financing, Construction, Marketing and Operation & Maintenance (O&M) of proposed project categories. The project site shall be offered to the selected bidder(s) on as is where is basis on mutually suitable terms. 1.7 BRIEF DESCRIPTION OF THE BIDDING PROCESS 1.7.1 The Authority intends to follow a 2-stage process for selection of the Developer/Lessee for the Project. The first stage of the process involves Qualification of interested parties (the “Applicants”). 1.7.2 During the Qualification stage, Applicants would be required to furnish the information as specified in this RFQ Document. 1.7.3 This RFQ Document deals with the first stage (“Qualification Stage”) and at the end of this stage, the Authority expects to announce a shortlist of suitable Applicants (“Qualified Applicants”) for the next stage (“Bid Stage”) who would then be invited to submit detailed Bid for the Project in accordance with the RFP Document. 1.7.4 During the Bid Stage, Qualified Applicants would be expected to examine the Project in further detail, and to carry out their due diligence as may be required to submit Bids for the implementation of the Project. Only those Applicants that are pre-qualified and short-listed by the Authority shall be invited to submit their Bids for the Project. 1.7.5 In terms of the RFP, a Bidder will be required to deposit, along with its Bid, a bid security (the "Bid Security"), refundable not later than 60 (sixty) days from the Bid Due Date except in the case of the highest Bidder whose Bid Security shall be retained till it has provided a Performance Security under the Lease 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 and in such event, the validity period of the demand draft or bank guarantee, as the case may be, shall not be less than 180 (one hundred and eighty) days from the Bid Due Date, inclusive of a claim period of 60 (sixty) days, and mayRequest for Qualification Page 15
  • 16. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat be extended as may be mutually agreed between the Authority and the Bidder from time to time. The Bid shall be summarily rejected if it is not accompanied by the Bid Security. 1.7.6 The selected Bidder shall be the highest 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 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, invite fresh Bids from all Bidders or annul the Bidding Process, as the case may be. 1.7.7 As part of the Bidding Documents, the Authority will provide for the Project a draft Lease Agreement and project report/ feasibility report prepared by the Authority/ its consultants and other information pertaining/ relevant to the Project available with it. 1.7.8 Further and other details of the process to be followed at the Bid Stage and the terms thereof will be spelt out in the Bidding Documents. 1.7.9 Any queries or request for additional information concerning this RFQ shall be submitted in writing or by fax and e-mail to the officer designated in Clause 2.14.3 below. The envelopes/ communications shall clearly bear the following identification/ title: "Queries/ Request for Additional Information: RFQ for Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat” 1.8 PROJECT ADVISOR The Authority has, vide an Agreement with IL&FS Infrastructure Development Corporation Limited (IIDC) and IL&FS Trust Company Limited on a ‘Project Development and Promotion Partnership(PDPP) basis’, formed a Joint Venture Company with the name & style of ‘Gujarat Industrial Infrastructure Project Development Company Limited (GIIPDCL)’ for undertaking, interalia, project development activities of the projects being identified by the Authority. In furtherance thereof, the Authority has identified and mandated GIIPDCL to undertake project development activities for the Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat. In accordance with the terms of the said agreement between the Parties, GIIPDCL has engaged the professional services of IIDC to act as the Project Advisor for the development of the Project.Request for Qualification Page 16
  • 17. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat SECTION II: INSTRUCTION TO APPLICANTSRequest for Qualification Page 17
  • 18. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, GujaratGENERAL2.1 BACKGROUND2.1.1 The Gujarat Industrial Development Corporation (the “Authority”) is engaged in development and operation of Industrial Infrastructure and as part of this endeavor, the Authority has decided to undertake development of Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat (the “Project”) through private sector participation and has decided to carry out the bidding process for selection of the bidder(s) to whom the Project may be awarded. The bidder(s) selected through bid process is (are) required to undertake Planning, detailed Engineering & Designing, Financing, Construction, Marketing and Operation & Maintenance (O&M) of proposed Project Categories.2.1.2 The Authority intends to pre-qualify and short-list suitable Applicants (the “Bidders”) who will be eligible for participation in the Bid Stage, for awarding the Project through an open competitive bidding process in accordance with the procedure set out herein.2.1.3 The selected Bidder, who is either a company incorporated under the Companies Act, 1956 or undertakes to incorporate itself as such prior to execution of the Lease agreement (the “Developer/Lessee” hereinafter referred as Lessee), shall be responsible for designing, engineering, financing, procurement, construction, operation and maintenance of the Project under and in accordance with the provisions of a Lease agreement (the “Lease Agreement”) to be entered into between the Lessee and the Authority in the form provided by the Authority as part of the Bidding Documents pursuant hereto.2.1.4 The Authority shall receive Applications pursuant to this RFQ in accordance with the terms set forth herein as modified, altered, amended and clarified from time to time by the Authority, and all Applications shall be prepared and submitted in accordance with such terms on or before the date specified in the Schedule for Bidding Process for submission of Applications (the “Application Due Date”).2.2 SCOPE OF APPLICATION2.2.1 The Authority invites Application for Qualification from experienced & capable Applicants who fulfill the eligibility criteria prescribed in this RFQ and are interested in participating for the Project.2.2.2 This Request for Qualification document is issued for short listing of Bidders for the Bid Stage for Development of Integrated Township at Dahej through Private Sector Participation.2.2.3 This Request for Qualification document contains information about the Project pre-qualification requirements and process in relation to pre-qualification of the Bidders for further participation in the bidding process for the Project2.2.4 All RFQ submissions would be evaluated on the basis of identified financial andRequest for Qualification Page 18
  • 19. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat technical capability criteria of the Applicants in accordance with the terms of this RFQ.2.2.5 Bidders are required to read carefully the contents of this document and to provide required information, as per the enclosed formats so that capabilities of the Applicant can be fully appreciated, evaluated and assessed.2.3 ELIGIBLE APPLICANTS2.3.1 The Applicant for pre-qualification may be a single entity or a group of entities (the “Consortium”), coming together to implement the Project. However, no applicant applying individually or as a member of a Consortium, as the case may be, can be member of another Applicant Consortium. The term Applicant used herein would apply to both a single entity and a Consortium.2.3.2 An Applicant 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 in the form of a Consortium. A Consortium shall be eligible for consideration subject to the conditions set out in Clause 2.3.6 below.2.3.3 An Applicant shall not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding Process. Any Applicant found to have a Conflict of Interest shall be disqualified. An Applicant shall be deemed to have a Conflict of Interest that affects the Bidding Process, if: (i) the Applicant, its Member or Associate (or any constituent thereof) and any other Applicant, its Member or Associate (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 an Applicant, its Member or Associate (or any shareholder thereof having a shareholding of more than five percent of the paid up and subscribed share capital of such Applicant, Member or Associate, as the case may be) in the other Applicant, its Member or Associate, as the case may be, is less than one per cent of the paid up and subscribed share capital thereof; or (ii) a constituent of such Applicant is also a constituent of another Applicant; (iii) such Applicant receives or has received any direct or indirect subsidy from any other Applicant, its Member or Associate or has provided any such subsidy to any other Applicant; or (iv) such Applicant has the same legal representative for purposes of this Application as any other Applicant; or (v) such Applicant has a relationship with another Applicant, directly or through common third party/ parties, that puts either or both of them in a position to have access to each others’ information about, or to influence the Application of either or each other; or (vi) such Applicant has participated as a consultant to the Authority in theRequest for Qualification Page 19
  • 20. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat preparation of any documents, design or technical specifications of the Project.2.3.4 An Applicant shall be liable for disqualification if any legal, financial or technical adviser of the Authority in relation to the Project is engaged by the Applicant in any manner for matters related to or incidental to the Project.2.3.5 The Applicant should submit a Power of Attorney as per Annexure-8 authorizing the signatory of the Application to commit the Applicant.2.3.6 Where the Applicant is a single entity, it may be required to incorporate a company under the Companies Act, 1956 as a Special Purpose Vehicle (SPV) to execute the Lease Agreement and implement the Project. In case the Applicant is a Consortium, it should comply with the following additional requirements: (a) Number of members in a consortium should be limited to 3 (three) members; (b) the Application should contain the information required for each member of the Consortium; (c) members of the Consortium shall nominate one member as the lead member (the “Lead Member”), who shall have an equity share of at least51% in the Consortium. The nomination(s) shall be supported by a Power of Attorney, as per the format at Annexure-9, signed by all the other members of the Consortium; (d) the Application should include a brief description of the roles and responsibilities of individual members, particularly with reference to financial, technical and O&M obligations; (e) an individual Applicant cannot at the same time be member of a Consortium applying for pre-qualification. Further, a member of a particular Applicant Consortium cannot be member of any other Applicant Consortium applying for pre-qualification; (f) the parties to a Consortium shall form an appropriate SPV to execute the Project if awarded to the Consortium; and (g) members of the Consortium shall enter into a binding Consortium Agreement (the “Consortium Agreement”) for the purpose of making the Application and submitting Bid in the event of being short-listed. The Consortium Agreement shall, inter alia: (i) convey the intent to form an SPV with shareholding/ ownership equity commitment(s) in accordance with this RFQ, which would enter into the Lease Agreement and subsequently carry out all the responsibilities as Lessee in terms of the Lease Agreement, in case the Project is awarded to the Consortium;Request for Qualification Page 20
  • 21. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat (ii) clearly outline the proposed roles and responsibilities of each member at each stage; (iii) commit the minimum equity stake to be held by each member; and (iv) include a statement to the effect that all members of the Consortium shall, till the occurrence of the [Appointed Date/Financial Close] under the Lease Agreement, be liable jointly and severally for all obligations of the Lessee in relation to the Project. (Note: A copy of the Consortium Agreement should be submitted along with the Application. The Consortium Agreement entered into between the members of the Consortium should be specific to the Project and should fulfill the above requirements, failing which the Application shall be considered non-responsive).2.3.7 Any entity which has been barred by the [Central/ State Government, or any entity controlled by them] from participating in any project (BOT or otherwise), and the bar subsists as on the date of Application, would not be eligible to submit an Application, either individually or as member of a Consortium.2.3.8 An Applicant/ Consortium Member should, in the last three years, have neither failed to perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Applicant, nor been expelled from any project or contract nor have had any contract terminated for breach by such Applicant/ Consortium Member.2.4 CHANGE IN COMPOSITION OF THE CONSORTIUM2.4.1 Change in the composition of a Consortium will not be permitted by the Authority during the Qualification Stage.2.4.2 Where the Bidder is a Consortium, change in the composition of a Consortium may be permitted by the Authority during the Bid Stage, only where: (a) the Lead Member continues to be the Lead Member of the Consortium; (b) the substitute is at least equal, in terms of Technical Capacity and Financial Capacity, to the Consortium Member who is sought to be substituted and the modified Consortium shall continue to meet the prequalification and short-listing criteria for Applicants; and (c) the new Member(s) expressly adopt(s) the Application already made on behalf of the Consortium as if it were a party to it originally, and is not an Applicant/Member/Associate of any other Consortium bidding for this Project.2.4.3 Approval for change in the composition of a Consortium shall be at the sole discretion of the Authority and must be approved by the Authority in writing.Request for Qualification Page 21
  • 22. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat2.4.4 The modified/ reconstituted Consortium shall be required to submit a revised Consortium Agreement before the Bid Due Date.2.5 NUMBER OF APPLICATIONS AND COSTS THEREOF2.5.1 An Applicant is eligible to submit only one Application for the Project. An applicant applying individually or as a member of a Consortium shall not be entitled to submit another application either individually or as a member of any Consortium, as the case may be.2.5.2 The Applicants shall be responsible for all of the costs associated with the preparation of their Applications and their participation in either the Qualification Stage or the Bid Stage. The Authority will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Bidding Process.2.5.3 The Request for Qualification document can be physically procured from the address mentioned under clause 2.14.3 herein below or downloaded from the following websites a. www.ilfsindia.com b. www.iidcindia.co.in c. www.gidc.gov.in For avoidance of doubt it is hereby clarified that each should, among other prescribed requirements, also contain a Bank Draft towards the cost of RFQ Document, in case the same has been downloaded from the website. In case the document is purchased, a photocopy of the receipt of the payment is to be enclosed.2.6 SITE VISIT AND VERIFICATION OF INFORMATION Applicants are encouraged to submit their respective Applications 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.2.7 ACKNOWLEDGEMENT BY APPLICANT2.7.1 It shall be deemed that by submitting the Application, the Applicant has: (a) made a complete and careful examination of the RFQ; (b) received all relevant information requested from the Authority; (c) acknowledged and accepted the risk of inadequacy, error or mistake inRequest for Qualification Page 22
  • 23. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat the information provided in the RFQ or furnished by or on behalf of the Authority relating to any of the matters referred to in Clause 2.6 above; and (d) agreed to be bound by the undertakings provided by it under and in terms hereof.2.7.2 The Authority shall not be liable for any omission, mistake or error on the part of the Applicant in respect of any of the above or on account of any matter or thing arising out of or concerning or relating to the RFQ or the Bidding Process, including any error or mistake therein or in any information or data given by the Authority.2.8 RIGHT TO ACCEPT OR REJECT ANY OR ALL APPLICATIONS/ BIDS2.8.1 Notwithstanding anything contained in this RFQ, the Authority reserves the right to accept or reject any Application and to annul the Bidding Process and reject all Applications/ Bids, at any time without any liability or any obligation for such acceptance, rejection or annulment, and without assigning any reasons thereof.2.8.2 The Authority reserves the right to reject any Application and/ or Bid if: (a) at any time, a material misrepresentation is made or uncovered, or (b) the Applicant does not provide, within the time specified by the Authority, the supplemental information sought by the Authority for evaluation of the Application. Such misrepresentation/ improper response shall lead to the disqualification of the Applicant/Bidder. If the Applicant/Bidder is a Consortium, then the entire Consortium shall be disqualified/ rejected. If such disqualification/ rejection occurs after the Bids have been opened and the highest Bidder gets disqualified/ rejected, then the Authority reserves the right to: (i) invite the remaining Bidders to submit their Bids 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.2.8.3 In case it is found during the evaluation or at any time before signing of the Lease Agreement or after its execution and during the period of subsistence thereof, including the Lease thereby granted by the Authority, that one or more of the pre-qualification conditions have not been met by the Applicant or the Applicant has made material misrepresentation or has given any materially incorrect or false information, the Applicant shall be disqualified forthwith if not yet appointed as the Lessee either by issue of the LOA or entering into of the Lease Agreement, and if the Applicant has already been issued the LOA or has entered into the Lease Agreement, as the case may be, the same shall, notwithstanding anything to the contrary contained therein or in this RFQ, be liable to be terminated, by a communication in writing by the Authority to the Applicant,Request for Qualification Page 23
  • 24. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat without the Authority being liable in any manner whatsoever to the Applicant.2.8.4 The Authority reserves the right to verify all statements, information and documents submitted by the Applicant in response to the RFQ. Failure of the Authority to undertake such verification shall not relieve the Applicant of its obligations or liabilities hereunder nor will it affect any rights of the Authority thereunder.DOCUMENTS2.9 CONTENTS OF THE RFQ This RFQ comprises the disclaimer set forth hereinabove, the contents as listed below, and will additionally include any Addenda issued in accordance with Clause 2.11. Invitation for Qualification Section I. Introduction Section II. Instructions to Applicants Section III. Criteria for Evaluation Section IV. Fraud & Corrupt Practices Section V. Pre Application Conference Section VI. Miscellaneous Annexures 1. Letter comprising the Application 2. Checklist for Submission of RFQ 3. Format for Letter of Undertaking 4. Format for Consortium Agreement 5. Format for General Information 6. Financial Information of the Bidder 7. Experience in Real Estate/ Infrastructure/ Special Area Development 8. Power of Attorney for Signing of Application 9. Power of Attorney for Lead Member of Consortium2.10 CLARIFICATIONS2.10.1 Applicants requiring any clarification on the RFQ may notify the Authority in writing or by fax and e-mail in accordance with Clause 1.7.9. They should send in their queries before the date specified in the schedule of Bidding Process contained hereinabove. The Authority shall endeavor to respond to the queries within the period specified therein, but no later than 10 (ten) days prior to the Application Due Date. The responses will be sent by fax or e-mail. The Authority will forward all the queries and its responses thereto, to all purchasers of the RFQ without identifying the source of queries.2.10.2 The Authority shall endeavor to respond to the questions raised or clarifications sought by the Applicants. However, the Authority reserves the right not toRequest for Qualification Page 24
  • 25. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat 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.2.10.3 The Authority may also on its own motion, if deemed necessary, issue interpretations and clarifications to all Applicants. All clarifications and interpretations issued by the Authority shall be deemed to be part of the RFQ. Verbal clarifications and information given by Authority or its employees or representatives shall not in any way or manner be binding on the Authority.2.11 AMENDMENT OF RFQ2.11.1 At any time prior to the Application Due Date, the Authority may, for any reason, whether at its own initiative or in response to clarifications requested by an Applicant, modify the RFQ by the issuance of Addenda.2.11.2 Any Addendum thus issued will be sent in writing to all those who have purchased the RFQ.2.11.3 In order to afford the Applicants a reasonable time for taking an Addendum into account, or for any other reason, the Authority may, in its sole discretion, extend the Application Due Date.PREPARATION AND SUBMISSION OF APPLICATION2.12 LANGUAGEThe Application and all related correspondence and documents in relation to theBidding Process shall be in English language. Supporting documents and printedliterature furnished by the Applicant with the Application may be in any other languageprovided that they are accompanied by appropriate translations of the pertinentpassages in the English language. Supporting materials, which are not translated intoEnglish, may not be considered. For the purpose of interpretation and evaluation of theApplication, the English language translation shall prevail.2.13 FORMAT AND SIGNING OF APPLICATION2.13.1 The Applicant shall provide all the information sought under this RFQ. The Authority will evaluate only those Applications that are received in the required formats and complete in all respects. Incomplete and /or conditional Applications shall be liable to rejection.2.13.2 The Applicant shall prepare one original set of the documents comprising the Application (together with originals/ copies of documents required to be submitted along therewith pursuant to this RFQ) and clearly marked “ORIGINAL”. In addition, the Applicant shall submit 2 (two) copies of the Application, marked “COPY”. In the event of any discrepancy between theRequest for Qualification Page 25
  • 26. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat original and the copies, the original shall prevail.2.13.3 The Application and its copies shall be typed or written in indelible ink and signed by the authorised signatory of the Applicant who shall also initial each page in blue ink. All the alterations, omissions, additions or any other amendments made to the Application shall be initialled by the person(s) signing the Application. The Application shall contain page numbers and shall be hardbound.2.14 SEALING AND MARKING OF APPLICATIONS2.14.1 The Applicant shall submit the Application in the format specified at Annexure-1, and seal it in an envelope and mark the envelope as “APPLICATION”. The Applicant shall seal the original and each copy of the Application, together with their respective enclosures, in separate envelopes duly marking the envelopes as “ORIGINAL” and “COPIES”. The envelopes shall then be sealed in an outer envelope.2.14.2 Each envelope shall contain: (i) Application in the prescribed format (Annexure-I) along with Annexes and supporting documents; (ii) Power of Attorney for signing the Application as per the format at Annexure-8; (iii) if applicable, the Power of Attorney for Lead Member of Consortium as per the format at Annexure-9; (iv) duly registered & notarized Consortium Agreement, in case of a Consortium in the format prescribed hereto as Annexure 4; (v) duly certified true copy of Memorandum and Articles of Association, if the Applicant/Consortium Member is a body corporate, and if a partnership then a copy of its partnership deed; (vi) copies of Applicant’s/ each Consortium Member’s duly audited balance sheet and profit and loss account for the preceding three (3) financial years; and (vii) Financial Capability of the Applicant (in case of Consortium, Financial Capability of all the members) in the format prescribed hereto as Annexure 6; (viii) Technical Capability & Experience in the format prescribed hereto as Annexure 7; (ix) Account Payee Demand Draft of an amount equivalent to Rs. 5000/ - (Rupees Five Thousand only) in favour of "GIIPDCL" payable at Ahmedabad towards the non-refundable cost of RFQ Document (in case the same has been downloaded from the website). In case the document is purchased, a photocopy of the receipt of the payment is to be enclosed; andRequest for Qualification Page 26
  • 27. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat (x) Proof of registration of the Applicant (in case of Consortium, Proof of registration of all the Members); and (xi) Format for Affidavit Certifying that Business Entity / Promoter/s / Director/s of Business Entity are not Blacklisted / Barred; and (xii) List of Technical Resource (key professionals/support staff) permanently working with Applicant along with their qualifications, experienceAdditionally, each of the envelopes containing the Application shall clearly bear thefollowing identification: “Application for Qualification: Development of Integrated Township at Atali- Kaladara in Dahej PCPIR Region, Gujarat”and shall clearly indicate the name and address of the Applicant. In addition, theApplication Due Date should be indicated on the right hand corner of each of theenvelopes.2.14.3 Each of the envelopes shall be addressed to: ATTN. OF: Chief Executive Officer (CEO), GIIPDCL 301, Dev Arc, Iskon Circle, Near Fun Republic, SG Highway, Ahmedabad - 380015 Ph: 079-40206200, Fax: 079-402062992.14.4 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 Application submitted.2.14.5 Applications submitted by fax, telex, telegram or e-mail shall not be entertained and shall be rejected.2.15 APPLICATION DUE DATE2.15.1 Applications should be submitted on or before 1700 hours IST on the Application Due Date (March 15, 2010) at the address provided in Clause 2.14.3 in the manner and form as detailed in this RFQ. A receipt thereof should be obtained from the person specified in Clause 2.14.3.2.15.2 The Authority may, in its sole discretion, extend the Application Due Date by issuing an Addendum in accordance with Clause 2.11 uniformly for all Applicants.2.16 LATE APPLICATIONS Applications received by the Authority after the specified time on the Application Due Date shall not be eligible for consideration and shall be summarily rejected.Request for Qualification Page 27
  • 28. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat2.17 MODIFICATIONS/ SUBSTITUTION/ WITHDRAWAL OF APPLICATIONS2.17.1 The Applicant may modify, substitute or withdraw its Application after submission, provided that written notice of the modification, substitution or withdrawal is received by the Authority prior to Application Due Date. No Application shall be modified, substituted or withdrawn by the Applicant on or after the Application Due Date.2.17.2 The modification, substitution or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clause 2.14, with the envelopes being additionally marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.2.17.3 Any alteration/ modification in the Application or additional information supplied subsequent to the Application Due Date, unless the same has been expressly sought for by the Authority, shall be disregarded.EVALUATION PROCESS2.18 OPENING AND EVALUATION OF APPLICATIONS2.18.1 The Authority shall open the Applications at 17.050 hours IST on the Application Due Date, at the place specified in Clause 2.14.3 and in the presence of the Applicants who choose to attend.2.18.2 Applications for which a notice of withdrawal has been submitted in accordance with Clause 2.17 shall not be opened.2.18.3 The Authority will subsequently examine and evaluate Applications in accordance with the provisions set out in Section 3.2.18.4 Applicants are advised that pre-qualification of Applicants will be entirely at the discretion of the Authority. Applicants will be deemed to have understood and agreed that no explanation or justification on any aspect of the Bidding Process or selection will be given.2.18.5 Any information contained in the Application shall not in any way be construed as binding on the Authority, its agents, successors or assigns, but shall be binding against the Applicant if any Project is subsequently awarded to it under the Bidding Process on the basis of such information.2.18.6 The Authority reserves the right not to proceed with the Bidding Process at anytime without notice or liability and to reject any Application without assigning any reasons.2.19 CONFIDENTIALITY Information relating to the examination, clarification, evaluation, and recommendation for the short-listed pre-qualified Applicants shall not be disclosed to any person who is not officially concerned with the process or is notRequest for Qualification Page 28
  • 29. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat 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 Application, 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.2.20 TESTS OF RESPONSIVENESS2.20.1 Prior to evaluation of Applications, the Authority shall determine whether each Application is responsive to the requirements of the RFQ. An Application shall be considered responsive only if: (a) it is received as per format at Annexure-I. (b) it is received by the Application Due Date including any extension thereof pursuant to Clause 2.15.2; (c) it is signed, sealed, hard bound and marked as stipulated in Clause 2.14; (d) it is accompanied by the Power(s) of Attorney as specified in Clause 2.3.5 and Clause 2.3.6 (c); (e) it contains all the information (complete in all respects) as requested in this RFQ; (f) it contains information in formats same as those specified in this RFQ; (g) it is accompanied by the Consortium Agreement (for Consortium), specific to the Project, as stipulated in Clause 2.3.6(g); (h) it does not contain any condition or qualification; and (i) it is not non-responsive in terms hereof.2.20.2 The Authority reserves the right to reject any Application which is non- responsive and no request for alteration, modification, substitution or withdrawal shall be entertained by the Authority in respect of such Application.2.21 CLARIFICATIONS (i) To facilitate evaluation of Applications, the Authority may, at its sole discretion, seek clarifications from any Applicant regarding its Application. Such clarification(s) shall be provided within the time specified by the Authority for this purpose. Any request for clarification(s) and all clarification(s) shall be in writing. (ii) If an Applicant does not provide clarifications sought under Sub-Clause (i) above within the prescribed time, its Application shall be liable to beRequest for Qualification Page 29
  • 30. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat rejected. In case the Application is not rejected, the Authority may proceed to evaluate the Application by construing the particulars requiring clarification to the best of its understanding, and the Applicant shall be barred from subsequently questioning such interpretation of the Authority.QUALIFICATION AND BIDDING2.22 SHORT-LISTING AND NOTIFICATION After the evaluation of Applications, the Authority would announce a list of shortlisted pre-qualified Applicants (Bidders) who will be eligible for participation in the Bid Stage. At the same time, the Authority would notify the other Applicants that they have not been short-listed. The Authority will not entertain any query or clarification from Applicants who fail to qualify.2.23 SUBMISSION OF BIDS The Bidders will be requested to submit a Bid in the form and manner to be set out in the Bidding Documents.2.24 PROPRIETARY DATA All documents and other information supplied by the Authority or submitted by an Applicant to the Authority shall remain or become the property of the Authority. Applicants are to treat all information as strictly confidential and shall not use it for any purpose other than for preparation and submission of their Application. The Authority will not return any Application or any information provided along therewith.2.25 CORRESPONDENCE WITH THE APPLICANT The Authority shall not entertain any correspondence with any Applicant in relation to the acceptance or rejection of any Application. In case of any queries regarding this RFQ, the Applicants may either refer them directly to the address mentioned under clause 2.14.3 hereinabove or contact the following designated nodal persons for the Project: Contact Persons: 1. Krishna Kumar V. (+91-9898026912) Email: krishna.vadakkepat@ilfsindia.com 2. Neeraj Singh (+91-9974092309) Email: neeraj.singh@ilfsindia.comRequest for Qualification Page 30
  • 31. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat SECTION III CRITERIA FOR EVALUATIONRequest for Qualification Page 31
  • 32. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat3.1 EVALUATION PARAMETERS3.1.1 The Applicant’s competence and capability is proposed to be established by the following parameters: (a) Financial Capability in terms of Net-worth (the “Net-Worth”); and (b) Technical Experience of Applicant3.1.2 On each of these parameters, the Applicants would be required to meet the evaluation criteria as detailed in this Section. The evaluation shall be carried out in terms Pass/Fail of the Applicants for both the above mentioned parameters separately. Applicant(s) meeting all the criteria will, subject to the terms of the Bidding Documents, be qualified to submit its(their) Bid(s) for the Project.3.2 FINANCIAL CAPABILITY Applicant should have a minimum annual Net-Worth of Rs. 50 crore in each of the last three financial years (2008-09, 2007-08 and 2006-07). The net profit in these three financial years should be positive. FINANCIAL CAPABILITY Sr Format Minimum Eligibility Criterion Documentary Proof No. Reference 1 Applicants should have a minimum Audited Annual Annexure 6 annual net-worth of Rs. 50 crore in Accounts for the last each of the last three financial years three financial years (2008-09, 2007-08 and 2006-07). 2 The net profit in these three Audited Annual Annexure 6 Accounts for the last financial should be positive. three financial years.3.3 TECHNICAL EXPERIENCE The Applicant /Consortium should have following minimum experience for each category of project. Project Categories* Minimum Experience Project Category 1 & 2 Developed real estate projects of at least 1 million sq.ft. in a maximum of 5 projects during last 5 years OR Completed development of at least one Special Area Project of at least 50 acres during last 5 years Project Category 3 Implemented civil/infrastructure projects worth at least Rs. 1500 million during last 5 years * for details of project categories, refer section 1.6Request for Qualification Page 32
  • 33. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, GujaratNote: i. Real Estate Project would include development of residential projects (such as townships, housing colonies, apartments /group housing etc.), commercial projects (such as malls, shopping complexes, office complexes, town/district centres, hotels etc.), IT Parks, SEZs (Here development includes Conceptualize, design, finance, build and market) ii. Civil/ Infrastructure Development would include execution of infrastructure projects related to expressways, roads, industrial/I.T. parks, SEZ, industrial estates, water supply and sewerage, drainage. iii. Special Area Project shall include development of Industrial Park, Business Park, IT Park, SEZ or any other Special Zone (Here development includes Conceptualize, design, finance, build and market) iv. Applicant/Consortium shall submit the experience details as per Annexure VII. v. Applicant/Consortium shall attach necessary documents in support of completed projects such as work order/completion certificate from the competent authority. The cost of project should be certified by a recognized external institution (not a part of Applicant/Consortium) or a Chartered Accountant having a minimum experience of ten years. vi. In case the Applicant forms a consortium the number of participating companies should not exceed three. The consortium companies should have a legally valid Consortium Agreement on the prescribed format (Annexure-4) which should be registered in the office of the Sub-Registrar. The minimum share capital of Lead Member shall be 51 percent.Request for Qualification Page 33
  • 34. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat SECTION IV FRAUD & CORRUPT PRACTICESRequest for Qualification Page 34
  • 35. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat4. Fraud and Corrupt Practices4.1 The Applicants 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 shall reject an Application without being liable in any manner whatsoever to the Applicant if it determines that the Applicant 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.4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove, if an Applicant 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 Applicant shall not be eligible to participate in any tender or RFQ issued by the Authority during a period of 2 (two) years from the date such Applicant 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.4.3 For the purposes of this Clause 4, the following terms shall have the meaning hereinafter respectively assigned to them: (a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the Authority who is or has been associated in any manner, directly or indirectly with the Bidding Process or the LOA or has dealt with matters concerning the Lease Agreement or arising there from, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the Authority, shall be deemed to constitute influencing the actions of a person connected with the Bidding Process); or (ii) engaging in any manner whatsoever, whether during the Bidding Process or after the issue of the LOA or after the execution of the Lease Agreement, as the case maybe, any person in respect of any matter relating to the Project or the LOA or the Lease 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;Request for Qualification Page 35
  • 36. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat (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 Applicants with the objective of restricting or manipulating a full and fair competition in the Bidding Process.Request for Qualification Page 36
  • 37. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat SECTION V MISCELLANEOUSRequest for Qualification Page 37
  • 38. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, GujaratRequest for Qualification Page 38
  • 39. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat5.1 Pre-Application Conference5.1.1 A Pre-Application conference of the interested parties shall be convened at the designated date, time and place. Only those persons who have purchased the RFQ document shall be allowed to participate in the Pre-Application conference. Applicants who have downloaded the RFQ document from the Authority’s website should submit a Demand Draft of Rs. 5,000 (Rs. Five thousand) towards the cost of document, through their representative attending the conference. A maximum of two representatives of each Applicant shall be allowed to participate on production of authority letter from the Applicant.5.1.2 During the course of Pre-Application conference, the Applicants will be free to seek clarifications and make suggestions for consideration of the Authority. The Authority shall endeavor to provide clarifications and such further information as it may, in its sole discretion, consider appropriate for facilitating a fair, transparent and competitive Bidding Process.5.2 Miscellaneous5.2.1 The Bidding Process shall be governed by, and construed in accordance with, the laws of India and the Courts at Gandhinagar and/or Ahmedabad shall have exclusive jurisdiction over all disputes arising under, pursuant to and/ or in connection with the Bidding Process.5.2.2 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 Applicant in order to receive clarification or further information; (c) Pre-qualify or not to pre-qualify any Applicant and/ or to consult with any Applicant 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 Applicant; 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 Applicant.5.2.3 It shall be deemed that by submitting the Application, the Applicant agrees and releases the Authority, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any rights and/ or performance of any obligations hereunder, pursuant hereto and/ or in connection herewith and waives any and all rights and/ or claims it may have in this respect, whether actual or contingent, whether present or future.Request for Qualification Page 39
  • 40. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat ANNEXURES OF FORMATSRequest for Qualification Page 40
  • 41. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat ANNEXURE 1: LETTER COMPRISING THE APPLICATIONPlace:Date:ToChief Executive Officer (CEO),GIIPDCL301, Dev Arc, Iskon Circle, Near Fun Republic,SG Highway, Ahmedabad - 380015Dear Sir,Sub: Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat 1. We are pleased to submit our RFQ in response to the RFQ Invitation for “Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat” (“Project”) through Private Sector Participation, issued by GIIPDCL on behalf of Government of Gujarat and/or GIDC for any one and/or all the following project categories: Sr No. Project Categories Mark (√) if Applicable 1 Category 1 2 Category 2 3 Category 3 2. We hereby confirm the following: (a) We are submitting this RFQ on our own. (OR) We are submitting this RFQ as the Lead Member of a Consortium consisting of the following Members, for and on behalf of the Consortium S Names of Consortium Registered Office Mailing address & No. Members address & Phone Phone nos. nos. 1 ………………………………. (Lead Member) 2 ………………………………. (Member) 3 ………………………………. (Member)Request for Qualification Page 41
  • 42. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat (b) We are enclosing the Consortium Agreement signed by all the members of the Consortium, nominating and authorizing us to act as ‘Lead Member’ for implementing the Project. (c) We have perused the RFQ Invitation document and submitting our RFQ in compliance with the RFQ Invitation. (d) All information provided in this RFQ is true and correct and all documents accompanying the RFQ are true copies of their respective originals. 3. We agree to abide by this RFQ during the Validity Period, as specified in the RFQ Invitation document and/or as extended by us upon request of GIIPDCL and it shall remain binding upon us and may be accepted at any time before the expiry of that period. 4. We understand that GIIPDCL is not bound to accept any or all the RFQs it may receive, without incurring any liability to the Applicants. 5. We understand that GIIPDCL may cancel the RFQ Invitation process at any time, without incurring any liability to the Applicants. 6. We declare that we have disclosed all material information, facts and circumstances, which would be relevant to and have a bearing on the evaluation of our RFQ and qualification for subsequent bidding process. 7. We declare that in the event that GIIPDCL discovers anything contrary to our above declarations, it is empowered to forthwith disqualify us and our RFQ from further participation in the RFQ evaluation process.Dated this…………………….day of…………………………..2010___________________________(Signature)___________________________(Name of the person)___________________________(In the capacity of)Company Seal_________________________(Name of firm)WitnessSignature _______________________Name _______________________Address _______________________Request for Qualification Page 42
  • 43. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat ANNEXURE 2: CHECKLIST FOR SUBMISSION OF RFQ No. Enclosures to the RFQ Status Comments, (Submitted/ if any Not Submitted) 1 Letter comprising the Application 2 Letter of Undertaking 3 Consortium Agreement (Including Appointing & Authorizing Lead Member) (In Case The Bidder Being a Consortium) 4 General Information 5 Financial Information 6 Audited Financial Statements/ Annual Reports 7 Certified statements of Development/ Construction Experience Details 8 Experience Certificates for Construction/ Development Experience 9 Company profile and manpower information 10 Power of Attorney for Signing of Application 11 Power of Attorney for Lead Member of Consortium 12 Demand draft of Rs. 5000 or Photocopy of the receipt of the payment in case the document is purchasedRequest for Qualification Page 43
  • 44. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat ANNEXURE 3: FORMAT FOR LETTER OF UNDERTAKING[On the Letterhead of the Applicant (in case of Single Applicant) or Lead Member (in caseof a Consortium)]Place:Date:ToChief Executive Officer (CEO),GIIPDCL301, Dev Arc, Iskon Circle, Near Fun Republic,SG Highway, Ahmedabad - 380015Dear Sir,Sub: Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, GujaratWe confirm that we are not barred by GIDC, Government of Gujarat (GoG), any otherState Government in India (SG) or Government of India (GoI), or any of the agencies ofGIDC/GoG/SG/GoI from participating in any category of infrastructure and real estateprojects(Construction, BOT or otherwise) as on March 15,2010 (Due Date of Bidsubmission).We also undertake to meet the prevailing rules and regulations of Government of India,State Government, local planning & development authority and other competentauthorities of the jurisdiction area, the environmental norms of both Sate and CentralGovernment and all other rules& regulations as applicable.Thanking you,Yours faithfully,__________________________(Signature of Authorized Signatory)(Name, Title, Address, Date)Request for Qualification Page 44
  • 45. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat ANNEXURE4: FORMAT FOR CONSORITIUM AGREEMENT (Including Appointing and Authorizing Lead Member) (On Requisite Stamp Paper)THIS AGREEMENT is executed at ________ on this _______ day of __________ 2010between___________________________a Company registered under the Companies Act 1956and having its registered Office at__________________________________________(hereinafterreferred to as “the Party of the First Part”) and______________also a Company registeredunder the Companies Act 1956 and having its registered office at ______________(hereinafter referred to as “the Party of the Second Part”) and______________also aCompany registered under the Companies Act 1956 and having its registered office at______________ (hereinafter referred to as “the Party of the Third Part”)[Depends on thenumber of consortium members, but maximum of 3 members]WHEREASI. All the Parties of the First, Second and Third Part are entitled to enter into joint venture/partnership with any person or persons including a company for carrying on the business authorized by their respective Memorandum of Association.II. The Parties hereto propose to participate as a Consortium for the Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat (hereinafter referred to as the “Project”) through private sector by pooling together their resources and expertise, in response to the RFQ invitation issued by Gujarat Industrial Development Corporation (hereinafter referred to as “GIDC”) or hereinafter referred to as “GIIPDCL”.III. If the Parties hereto succeed in the Bid, they propose to incorporate a Special Purpose Company (SPC) which will undertake financing, designing, construction, commissioning, marketing, operation and management of the Project during the Term of the Project.IV. The Parties hereto are desirous of recording the broad terms of their understanding as set out here below:NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-1. M/s._________________ shall be the Lead Member of the Consortium for all the purposes of the Project as its true and lawful Attorney to do and execute all or any of the following acts, deeds and things for the Consortium in its name and on its behalf, that is to say: (a) To act as the Lead Member of the Consortium for the Purposes of the Project;Request for Qualification Page 45
  • 46. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat (b) In such capacity, to act as the Consortium’s official representative for submitting the RFQ and subsequent Bids comprising Capability Statement, Technical and Financial Bid for the Project and other relevant documents in connection therewith. (c) To sign all the necessary documents for the RFQ and Bids, including offers, papers, testimonials, statements, undertakings, applications, representations and correspondence necessary and proper for the purpose aforesaid; (d) To tender documents, receive and make inquiries, make the necessary corrections and clarifications to all the documents, as may be necessary; (e) To represent the Consortium at meetings, discussions, negotiations and presentations with GIDC/GIIPDCL, Competent Authorities, their Advisors and other Project related entities; (f) To receive notices, instructions and information for and on behalf of the Consortium; (g) To do all such acts, deeds and things in the name and on behalf of the Consortium as necessary for the purpose aforesaid.2. The Parties hereto agree to carry on the business in Joint Venture on the broad terms and conditions herein through a Special Purpose Company (SPC) to be incorporated by them.3. The business of the SPC will be that of developing, financing, constructing, operating &managing the Project during the Term of the Project Agreements.4. In the event the Parties hereto succeed in the Bid for the Project, the SPC will execute the Project in accordance with terms and conditions of the RFP and will execute the Project Agreements and all the documents/ writings/ papers with GIDC/GOG and construct, commission, operate and manage the project in accordance with the plans/designs sanctioned by the appropriate /concerned authorities.5. It shall be ensured that the consortium shall hold minimum 51% (Fifty One percent) of the paid-up equity share capital, ______________ (“the Lead Member”) shall hold at least 26% of the paid-up equity share capital of the SPC, and ___________________________ (“Financially Significant Members”) shall hold at least 10% of the paid-up equity share capital of the SPC each, for a period of 10 (ten) years from the date of signing the Project Agreements with GIDC. Any change in composition of the Consortium/ SPC shall be at the sole discretion of GIDC and with prior written permission of GIDC till the completion of ten (10) years from the date of execution of the Project Agreements with GIDC. After the initial ten years from the date of execution of the Project Agreements, any change in theRequest for Qualification Page 46
  • 47. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat Member of the Consortium/ SPC shall be with prior written permission of GIDC and which shall not be unreasonably withheld by GIDC.6. The roles and responsibilities of the Members of the Consortium shall be as follow: (a) The Party of the First Part (Lead Member) shall be responsible for: (i) (ii) (iii) (b) The Party of the Second Part shall be responsible for: (i) (ii) (iii) (c) The Party of the Third Part shall be responsible for: (i) (ii) (iii) (d) Each of the Parties shall be liable and responsible jointly and severally for ensuring due compliance with the terms and conditions of the RFQ, RFP and Project Agreements, including: (i) Compliance of all statutory requirements as may be applicable in respect of the Project (ii) Contribute to the joint venture all of its management and business experience, expertise, competence and acumen for the success of the Project. (Note: Role & responsibility of all members of the Consortium including Financially Non-significant Members shall be included in the above para)7. In case the project is awarded to the Consortium, the Consortium will carry out all the responsibilities as the Confirming Party to the Project Agreements along with the SPC and will comply with all the terms and conditions of the Project Agreement as would be entered with GIDC.8. This Agreement shall remain in full force and effect till the Term of the Project Agreements to be executed with GIDC.Request for Qualification Page 47
  • 48. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat9. Nothing in this Agreement shall be construed to prevent or disable any Party hereto to carryon any business on their own in terms of their respective Memorandum of Association.IN WITNESS WHEREOF the parties have put their respective hands the day and year first hereinabove written.Signed and delivered for and on behalf)Of the within named M/s…………….. )…… by its Director, ………………...)…....duly authorized in the presence of)……………………………………….. )Signed and delivered for and on behalf)Of the within named M/s………….… )….by its Director, …………………..)_____________________________ )duly authorized in the presence of )…………………………………… )Signed and delivered for and on behalf)Of the withinnamed M/s………….…)….by its Director, …………………..)_____________________________ )duly authorized in the presence of )…………………………………… )Request for Qualification Page 48
  • 49. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat ANNEXURE 5: FORMAT FOR GENERAL INFORMATION To be submitted for Each Consortium Member) S. No Particulars Details 1 Basic Information of Organization (a) Name of Firm (b) Status in the Project Single Applicant/ Lead Consortium Member / Other Consortium Member (c) Country of incorporation (d) Address of the Registered Office in India and Corporate headquarters/office, if any, in India along with telephone and fax numbers e) Communication address along with telephone and fax numbers (f) Date of incorporation and / or commencement of business (g) Ownership of the Organization 1. (List of stakeholders / members who own 2. 10% or more stocks & their interest in the 3. company (h) List of current directors (i) Other key management personnel 2 Brief description of the Company including details of its main lines of business. 3 Proposed role and responsibilities of the Company in this Project 4 Details of individual (s) who will serve as the point of contact/communication within the Company: (a) Name (b) Designation (c) Address (d) Telephone Number (e) E-Mail Address (f) Fax NumberNote: In case of a Consortium, the information above (1-4) should be provided for allthe members of the consortium in separate sheets. SIGNATURE _____________________ NAME ___________________________ DESIGNATION ___________________COMPANY SEAL COMPANY _______________________ DATE ____________________________Request for Qualification Page 49
  • 50. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat ANNEXURE 6: FINANCIAL INFORMATION OF THE APPLICANT 1. Net profit of the Applicant/consortium All figures in Rs crore Financial Single Consortium Consortium Total Year Applicant/Lead member 1 member 2 Member 2008-2009 2007-2008 2006-2007 TotalFinancial Year: 1st April to 31st March 2. Net-worth related data All figures in Rs croreDescription As on As on As on Average 31.03.09 31.03.08 31.03.07Single Applicant/ LeadMemberPaid up CapitalAdd: Free Reserves Less:Revaluation ReserveIntangible AssetsAccumulated LossesMiscellaneous expenditure tothe extend not written offNet-worthConsortium Member 1..Consortium member 2..Note:The Applicant /Consortium shall submit annual reports and audited financial statements(Balance sheet, profit and loss account and if available cash/funds flow statement) forthe Lead Member and each of the consortium members containing the audited financialstatements in support of the financial data.SIGNATURE___________________ DATE: __________________NAME___________________ DESIGNATION: __________COMPANY SEAL COMPANY: ______________Request for Qualification Page 50
  • 51. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat ANNEXURE 7: EXPERIENCE IN REAL ESTATE /INFRASTRUCTURE DEVELOPMENT/ SPECIAL AREA PROJECTS The following information should be provided project-wise in the format below for the projects completed during last seven years:- 1. Name of the Project : ......................................... 2. Location : ............................................. 3. Name of Client and Address : ............................................. 4. Type of Project : ............................................. 5. Size/Capacity of the Project : ............................................. 6. Project Cost (Rs. Crore) : ............................................. 7. Project Period : ............................................. • Start : Date/Month/Year) : ....................................... • Completion : Date Month/Year : ......................................... 8. Name of Associated Companies/ : ....................................... Consortium, if any 9. Narrative Description of the Project : ......................................... Signature .................................. (Authorised Representative)Note: i. Use additional sheets, if required ii. Applicant/Consortium shall attach necessary documents in support of completed projects such as work order/completion certificate from the competent authority. The cost of project should be certified by a recognized external institution (not a part of Applicant/Consortium) or a Chartered Accountant having a minimum experience of ten years.Request for Qualification Page 51
  • 52. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat ANNEXURE 8: FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF APPLICATION (On a Stamp Paper of relevant value) Power of Attorney*Know all men by these presents, we …………………………………………… (name and addressof the registered office) do hereby constitute, appoint and authorise Mr. /Ms.…………………… ………… (name and residential address) who is presently employedwith us and holding the position of ………………………………………. as our attorney, to do inour name and on our behalf, all such acts, deeds and things necessary in connectionwith or incidental to our bid for the Project envisaging Development of IntegratedTownship at Atali-Kaladara in Dahej PCPIR Region, Gujarat, including signing andsubmission of all documents and providing information / responses to GujaratIndustrial Development Corporation (“GIDC”) and/or Gujarat Industrial InfrastructureProject Development Company Limited (GIIPDCL), representing us in all matters beforeGIDC and/or GIIPDCL, and generally dealing with GIDC and/or GIIPDCL, any otherGovernment Agency or any person, in all matters in connection with our Application/Bid for the said Project.We hereby agree to ratify all acts, deeds and things lawfully done by our said attorneypursuant to this Power of Attorney and that all acts, deeds and things done by ouraforesaid attorney shall and shall always be deemed to have been done by us.For ___________________________(Signature)(Name, Title and Address)Accepted………….. (Signature)(Name, Title and Address of the Attorney)*Note:  To be executed by the Lead Member in case of a Consortium.  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.  In case the Application is signed by an authorised Director of the Applicant, a certified copy of the appropriate resolution/ document conveying such authority may be enclosed in lieu of the Power of Attorney.Request for Qualification Page 52
  • 53. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat ANNEXURE 9: FORMAT FOR POWER OF ATTORNEY FOR LEAD MEMBER OF CONSORTIUM (On a Stamp Paper of relevant value) Power of Attorney*WHEREAS the Gujarat Industrial Development Corporation, Government of Gujaratundertaking (“GIDC”) has invited applications from interested parties for Developmentof Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat (the“Project”).WHEREAS, the members of the Consortium are interested in bidding for the Project andimplementing the Project in accordance with the terms and conditions of the Requestfor Qualification (RFQ) Document, Request for Proposal (RFP) Document and otherconnected documents in respect of the Project, andWHEREAS, it is necessary under the RFQ Document for the members of the Consortiumto designate the Lead Member with all necessary power and authority to do for and onbehalf of the Consortium, all acts, deeds and things as may be necessary in connectionwith the Consortium’s bid for the Project who, acting jointly, would have all necessarypower and authority to do all acts, deeds and things on behalf of the Consortium, as maybe necessary in connection the Consortium’s bid for the Project.NOW THIS POWER OF ATTORNEY WITNESSETH THATWe, M/s. ……………… (Lead Member), M/s ……………… and M/s ……………… (the respectivenames and addresses of the registered office) do hereby designate M/s.………………………………… being one of the members of the Consortium, as the LeadMember of the Consortium, to do on behalf of the Consortium, all or any of the acts,deeds or things necessary or incidental to the Consortium’s bid for the Project, includingsubmission of application/ proposal, participating in conferences, responding toqueries, submission of information/ documents and generally to represent theConsortium in all its dealings with GIDC and/or GIIPDCL, any other Government Agencyor any person, in connection with the Project until culmination of the process of biddingand thereafter till the Lease Agreement is entered into with GIDC.We hereby agree to ratify all acts, deeds and things lawfully done by Lead Member, oursaid attorney pursuant to this Power of Attorney and that all acts deeds and things doneby our aforesaid attorney shall and shall always be deemed to have been done byus/Consortium.Dated this the ……Day of …….2010Request for Qualification Page 53
  • 54. Development of Integrated Township at Atali-Kaladara in Dahej PCPIR Region, Gujarat…………………………………(Executants)(To be executed by all the members of the Consortium)*Note:The mode of execution of the Power of Attorney should be in accordance with theprocedure, if any, laid down by the applicable law and the charter documents of theexecutant(s) and when it is so required the same should be under common seal affixed inaccordance with the required procedure.Request for Qualification Page 54