RITES LTD. (A GOVERNMENT OF INDIA ENTERPRISE) RITES BHAWAN Plot no. 1, Sector- 29 Gurgaon , Haryana

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1 DEPARTMENT OF TOURISM & CIVIL AVIATION GOVERNMENT OF HIMACHAL PRADESH RITES /DEOTSIDH/BOT -1/2012 TENDER DOCUMENT for DEVELOPMENT OF A PASSENGER ROPEWAY at BABA BALAKNATH TEMPLE DEOTSIDH (HAMIRPUR) IN HP on BOT BASIS BID DOCUMENT No.1 CONTENTS SECTION I - PRELIMINARY PROJECT INFORMATION REPORT SECTION II - INSTRUCTIONS TO BIDDERS SECTION III - GUIDELINES FOR PROJECT SECTION IV - TERM SHEET OF CONCESSION AGREEMENT - ANNEXURE - TENDER DRAWING February 2012 RITES LTD. (A GOVERNMENT OF INDIA ENTERPRISE) RITES BHAWAN Plot no. 1, Sector- 29 Gurgaon , Haryana

2 RITES LTD (A Government of India Enterprise) Tender Notice No. RITES / DEOTSIDH /BOT -1/2012 DEVELOPMENT OF PASSENGER ROPEWAY AT BABA BALAKNATH TEMPLE DEOTSIDH (HAMIRPUR), HIMACHAL PRADESH ON BUILT OPERATE TRANSFER (BOT) Basis 1. Group General Manager (RW&IE), RITES Ltd for and on behalf of Commissioner/Director Department of Tourism & Civil Aviation, Govt. of Himachal Pradesh invite Qualification, Technical and Financial proposals on two Bid system from the parties interested in Design, Construction, Development, Finance, Operation & Maintenance of Passenger Ropeway at Baba Balaknath Temple, Deotsidh in Hamirpur, (HP) on Build, Operate and Transfer (BOT) basis for a specified Concession period. a) RFP Document No RITES /DEOTSIDH/BOT -1/ 2012 b) Name of Work Design, Construction, Development, Finance, Operation & Maintenance of Passenger Ropeway at Baba Balaknath Temple, Deotsidh in Hamirpur, Himachal Pradesh on Built, Operate, & Transfer (BOT) Basis. c) Bid Security Rs lakhs. d) Concession period 40 years. e) Sale of RFP Document From to f) Receipt of bids & venue Upto hrs on , Office of Commissioner Tourism & Civil Aviation, Govt. of HP, Block No. 28, S.D.A. Complex, Kasumpti, Shimla g) Date, Time & venue of opening of bids at hrs, Office of Commissioner Tourism & Civil Aviation, Govt. of HP, Block No. 28, S.D.A. Complex, Kasumpti, Shimla To qualify for the award of the contract, the bidder should fulfill the following qualification requirements in addition to the other qualification requirements given in RFP document: 1

3 Item No. a b Qualification requirement Annual Financial Turnover in any of the last five financial years Work Experience - total revenue from construction and operation & maintenance of ropeways during last 10 years of value Minimum Value Rs Crores Rs Crores c. Proof of successful Operation & Maintenance of One ropeway passenger ropeways during last 10 years. d. Solvency Rs.3.14 Crores (*) The Minimum values of items at Sl No (a) & (b) above shall be considered at Price Level. Weightage of 5% per year over the previous years will be given on compounding basis to bring the minimum value to Price Level. 3. RFP Documents can be purchased from the office of Group General Manager (RW&IE), RITES Ltd, RITES BHAWAN, 2 nd Floor, Central Wing, Plot No. 1, Sector 29, Gurgaon , Haryana, India on any working day between hrs and hrs on payment of a non-refundable fee of Rs.5000/- (Plus Rs. 250/- if desired by post) in the shape of CROSSED BANK DRAFT in favour of Director Tourism, Govt. of HP payable at Shimla. However, RITES Ltd does not undertake any responsibility on account of postal delay/loss/misdelivery of tender document by post/courier. The bidders who wish to download the RFP document from the RITES/HP Tourism website, will be required the non refundable fees of Rs. 5000/- in the manner prescribed above at the time of submission of the proposal. 4. The bids submitted by the bidders who do not meet the qualification requirements as required or whose Bids (both commercial and Price) are not valid and open for acceptance for a period less than 6 months from the date of opening of RFP Documents, will be rejected. Earnest Money of the tenders containing restricted validity of Bids is liable to be forfeited. The bids not accompanied by Earnest Money Deposit shall be rejected. 5. Issue of RFP Documents to the bidder will not automatically mean that the bidder is qualified for the Award of the Contract. The bidders will be required to further fulfill the Qualification Criteria given in the RFP Document before being considered eligible for the Award of Contract. No Condition / Deviation which is either additional or in modification of the Proposal conditions shall be included in the bid submitted by the bidder. If the bid contains any such conditions or deviations from the tender conditions, the bid will be rejected. 2

4 6. Bids duly completed in all respects along with the requisite amount of Earnest Money Deposit shall be received on the date of opening as given above. These will be opened on the same date in the presence of the bidders or their authorized representatives, who choose to be present in the office of Group General Manager RITES. 7. In case of any discrepancies, the provisions of this Invitation for Proposal shall take precedence over all other bidding documents. 8. The tender documents are not transferable. The bidders are required to put the tender in the Tender Box personally or through their authorised representative. Bids in sealed condition shall also be received by Post/Courier provided that the Bid is received before the stipulated time and date (as per tender condition) in the receipt section of office of Director/Commissioner Tourism & Civil Aviation, Govt. of HP, Block No. 28, S.D.A. Complex, Kasumpti, Shimla Govt. of HP shall not be held responsible for the delay, if any, in the non-receipt of the same. The RFP Notice Number and name of work shall be super scribed on the sealed envelopes. 9. In case the date of opening of the RFP Documents as mentioned above is declared to be a holiday, the bids shall be received and opened on the next working day at the same time and venue. 10. A Pre bid meeting shall be held in Himachal Bhawan 27, Sikandara Road near Mandi House N. Delhi 1 on at hrs for clarification of any doubt on any condition of RFP document. For this reason queries, if any, must be sent to the office of Group General Manager RITES Ltd by Group General Manager (RW&IE), RITES Ltd, RITES BHAWAN, 2 nd Floor, Central Wing, Plot No. 1, Sector 29, Gurgaon , Haryana, India 3

5 INTRODUCTION The information contained in this Request for Proposal (RFP) is being issued to Bidders by RITES Ltd on behalf of Director/Commissioner, Department of Tourism & Civil Aviation, Govt. of Himachal Pradesh, on the terms and conditions set out in this RFP document. The RFP document is not an agreement. The purpose of this document is to provide interested parties with information to assist the formulation of their bid. This RFP document may not contain all the information each Bidder may require. Therefore all bidders are requested to conduct their own investigations, analysis and should check the accuracy, reliability and completeness of the information in this RFP document. It is also advisable to obtain independent advice from appropriate sources. RITES Ltd or Director/Commissioner, Department of Tourism & Civil Aviation, Govt. of Himachal Pradesh, their employees and advisors make no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of the RFP document. RITES Ltd or Director/Commissioner, Department of Tourism & Civil Aviation, Govt. of Himachal Pradesh may in their absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP document. ********** 4

6 DEFINITIONS AND INTERPRETATION 1.1 Definitions In this Document, except to the extent otherwise requires: Concessioning Authority means Metropolitan Commissioner/Director, Department of Tourism & Civil Aviation, Government of Himachal Pradesh (Concessioning Authority herein referred to as CA) Concessionaire/ BOT operator means Private Sector Developer to whom concession will be awarded. Compliance Date means the date of the letter, on which Concessionaire and CA fulfills the Concession Agreement, shall be the Compliance Date. Obligations of Parties under this agreement commences from this date. Concession Period is the period commencing from the commencement date during which the Concessionaire is authorized to implement the project and to operate project facilities in accordance with the provision hereof. Construction Completion/ Schedule is the period commencing from the commencement date during which all the construction activities shall be completed and ropeway will be commissioned and ready to operation. This will include the time required to obtain the clearances and arranging the land Lead Member means the member of the Joint ventures/consortium authorized by all members of the Consortium to incur liabilities and receive instructions for an on behalf of any and all members of the Joint Ventures / Consortium and the entire execution of the Agreement, including payments, shall be done exclusively by the Lead member. Project means Design, Construction, Development, Finance, Operation and Maintenance of Passenger Ropeway at Baba Balak Nath Temple at Deotsidh in Dist. Hamirpur, Himachal Pradesh on Built, Operate and Transfer (BOT) Basis Project Assets/Project Facilities means all physical and other assets relating to and forming part of the project. This will also include the financial assets such as security deposit for electricity supply, telephone, insurance proceeds etc 1.2 Interpretation (a) In this RFP, except where the context otherwise requires, reference to: 5

7 (b) i) the concessionaire includes the subsidiaries of the concessionaire, if any, engaged in concession activities; ii) a party in the agreement and includes (to the extent permitted by the agreement) their assignees or successors in title; iii) clauses, parts or schedules are to clauses parts or schedules of this document; iv) words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders; The table of contents and the headings provided in this document are for ease of reference only and are to be ignored in construing or interpreting this document or the specific provisions to which they relate. 6

8 SECTION I PRELIMINARY PROJECT INFORMATION REPORT 7

9 SECTION I PRELIMINARY PROJECT INFORMATION REPORT 1.1 INTRODUCTION Deotsidh in the district of Hamirpur in Himachal Pradesh is famous for the cave temple of Baba Balak Nath. It is situated on the Dhaulgiri hills on the near the border of Bilaspur and Hamirpur (185 Kms from Chandigarh and 54 Kms from Hamirpur Town) and is well connected by roads from all sides. During Navratras, there is a continuous stream of visitors to receive blessings of the Baba and Government makes arrangements for stay in tented colonies and provides water, toilets and other essential services. En-route Deotsidh, one can enjoy pleasing sights of Bhakra Dam as well as of Shri Naina Devi temple complex. Director/Commissioner, Department of Tourism & Civil Aviation, Govt. of Himachal Pradesh [hereinafter referred as Concessioning Authority (CA)], is the nodal agency responsible for promotion of ropeway project in the state. Concessioning Authority has initiated an ambitious project to commission a ropeway at Baba Balaknath Temple, Deotsidh (Hamirpur). RITES Ltd, Gurgaon are the Consultant for the project. 1.2 PROJECT LOCATION HAMIRPUR Hamirpur District is situated between 76º 18' to 76º 44' East longitude and 31º 25' to 31º 52' North latitude. The tract is hilly covered by Shivalik range. The elevation varies from 400 meters to 1100 meters having the configuration ranging from the almost flat-lands that border the portion of rivers Beas to the lofty heights of cliffs and precipitous slopes of hillranges. There are three principal ranges which run in a South-Easterly direction. It is situated at lower elevation and comparatively warmer but has some hilly ranges covered with Pine forests. This district was made in 1972 by carving it out from the Kangra district. It is well connected by roads from all sides. At present the known tourist attractions are Deotsidh Temples of Sujanpur Tira and Nadaun. Hamirpur town is the Headquarter of this District, which lies on Shimla Dharamshala road. Majority of the population here comprise of Hindus. Bulk of the people speaks Pahari. Hamirpur is the most Literate district in Himachal Pradesh. The majority of its population fluently speaks Hindi. Beas River flows through the northern part of and Satluj river flows through the southern part of district Hamirpur. Both of these two rivers namely Beas and Satluj are the famous rivers in Himachal Pradesh. 8

10 1.22 DEOTSIDH Deotsidh a famous pilgrim town is 56 km, away from Hamirpur town and only 5-6 km from Shah-Talai. Dedicated to Child Saint Baba Balaknath a cave temple is located here on a spur of a hill. As the name suggests, Deotsidh means 'Light of Truth'. The cave temple always remains lighted. Women are forbidden to enter the cave and thus pray and make their offerings on the entrance only. Baba Balak Nath ji is a Punjabi and Hindu deity worshipped in the northern Indian states of Punjab and Himachal Pradesh. The shrine is known as "Deotsidh". Baba Balak Nath ji's Temple is situated at village Chakmoh of district Hamirpur on the hill top. The temple has a natural cave carved in the hills which is considered to be the abode of Babaji. A murti image of Babaji is placed in the cave. The devotees offer rot, which is prepared with flour and Sugar / Gur, at the altar of Babaji. Goats can also be offered to Babaji as a gesture for his love. Goats are not killed there; rather they are being fed there. The entry of females in the cave is forbidden. However, there is a raised platform just opposite to the cave from where the females can have Darshan of the Babaji's image. Six kilometers further from the temple, is a place named "Shah-Talai" where Babaji is said to have practiced Dhyana meditation. Temple complex has the maximum spread of not less than 2 sq. Kilometers which can be easily covered in a time frame of about 4 hours. 1.3 GENERAL INFORMATION ABOUT DEOTSIDH Airport: Nearest airport is Chandigarh (185 Km from Deotsidh) Daily Flights are available from Delhi and Bombay Railway: Nearest Railway Station - Una (68 Km from Deotsidh) Daily trains are available from Delhi to Una. The nearest major rail junction is Chandigarh, which is about 198 km away from Deotsidh. Roadways: Almost each and every part of the state is linked by roads. The Himachal Road Transport Corporation is running its buses covering the whole state. There is huge network of HRTC to cater the needs of the people. The road distances are: Shimla 138 km., Delhi 441 km., Kullu 148 km. Chandigarh 185 Km, Dharamshala 128 Km, Palampur 39 km. 1.4 REASONS FOR INTRODUCTION OF ROPEWAY It is proposed to introduce a passenger ropeway at Baba Balaknath Temple, Deotsidh which was primarily considered because of the following reasons: Presently tourist visit to the temple on foot or by a road, This ropeway will facilitate the pilgrims 9

11 Introduction of an alternate and environment friendly transportation arrangement upto temple would boost tourism beside enhancement of socio economic benefit. Ropeway ride would be an added attraction. 1.5 TOURIST TREND The tourist arrival at Baba Balak Nath Temple during is given in Table 1 Table 1 Month No. of Pilgrims January 1,04,000 1,10,000 February 1,22,000 1,24,000 March 4,70,000 5,05,000 April 4,26,000 4,30,000 May 2,75,000 2,80,000 June 2,80,000 2,82,000 July 2,30,000 2,40,000 August 1,10,000 1,15,000 September. 1,28,000 1,32,000 October 1,52,000 1,51,000 November. 1,36,000 1,40,000 December 80,000 85,000 Total 25,13,000 25,94, As per current indication, 60% of pilgrims arrive by their own cars/ taxis upto the barrier. From barrier they walk 300 m on foot and climb further 293 steps to reach upto temple It is considered that 20% of present pilgrims of temple would use this ropeway. Annual Growth rate is considered 3%. Bidder is however advised to undertake market assessment studies in the form of opinion poll and traffic projection, prior to the submission of Technical and Financial Bids. 1.6 IMPLEMENTATION FORMAT CA intends to implement this project on Build, Operate and Transfer (BOT) basis wherein private sector party would be responsible for Designing, Construction, Development, Finance, Operation, Maintenance, and management of the entire project during Concession period (herein referred as CP) of 40 years (Inclusive of design / construction period). 10

12 CA invites Technical and Financial bids from reputed national / international firm, having Technical & Financial strength as specified in Notice Inviting Tender (NIT) and also specified in this RFP document. Bidders shall submit technical & financial bids as specified in this RFP document Key target dates of the bidding process would be as follows: Issue of RFP to Last date of sending clarifications Pre Bid Meeting Submission of Bids PROCUREMENT OF RFP DOCUMENT The RFP document may be obtained by a written request accompanied by Rs 5, (Rs. Five Thousands only) by a crossed demand draft, nonrefundable drawn in favor of Commissioner Tourism, Govt of HP payable at Shimla. The RFP document can be procured from office of Group General Manager (RW&IE), RITES Ltd, RITES BHAWAN, 2 nd Floor, Central Wing, Plot No. 1, Sector 29, Gurgaon , Haryana, Phone , Fax in all working days (both days including) between 11 AM to 4 PM respectively Interested firms may contact the following for any further clarifications. Group General Manager / General Manager / Senior Deputy General Manager of RW&IE Division RITES Ltd, RITES BHAWAN, 2 nd Floor, Central Wing, Plot No. 1, Sector 29, Gurgaon , Haryana Phone / Phone ********* 11

13 SECTION II INSTRUCTIONS TO BIDDERS 12

14 2.1 PROJECT PROPOSAL SECTION II INSTRUCTION TO BIDDERS The scope of project is designing, construction, development, financing, operation and maintenance of a ropeway at Baba Balak Nath Temple Deotsidh (Hamirpur)during the Concession Period (CP) in accordance with the terms and conditions as described in this RFP document as well as concession agreement (Term sheet in Section IV) to be signed between the CA and BOT operator. The CP will be 40 years and the operator on best returns basis would fix the rates. The project would be transferred to CA after the expiry of concession period of 40 years at book value of project assets, based on the historic investment (net of depreciation) created by the Concessionaire less intangible assets. It is specially clarified here that the total cost of project assets would not include the cost of original project facility which was provided to the concessionaire. The bidder is expected to submit a detailed technical proposal as technical bid. The CA had engaged M/s RITES, Gurgaon as Consultant for undertaking a ground survey of the project influence area. The salient features of the said report are provided to bidder along-with this document for reference only. 2.2 SCOPE OF BIDDER Execution of Ropeway The ropeway system would be Fixed Grip Monocable Gondola Ride system. This should be an indigenous system. Detail specification of the ropeway is given in Section III Land Detail: a. Lower Terminal Point (LTP) is proposed near the area is situated on Gurna Ki Jhari road. It is just before the girl s school near municipal car parking. At present the land is cultivated land with private ownership. The area of LTP is falling under Khasra No The land shall be arranged by concessionaire at his own cost. The altitude of the area is m. b. Upper Terminal Point (UTP) is located near the main security entrance (before queuing area) of Baba Balaknath temple, which is also opposite to PWD rest house and below the water tank near 13

15 Charan Paduka Mandir. From this point, devotees shall have to negotiate further 59 stairs to reach the last security point. The area of upper terminal is falling under Khsara no. 920/1 & 2. The jurisdiction of land is with lies with the Temple authority since falling in temple complex, however the permission of forest department may be needed. The land shall be arranged by concessionaire at his own cost. The altitude of the area is m. c. Towers: The number and location of towers shall depend upon the system design to be proposed by the developer in the technical bid. The ropeway corridor and the land required for erection of towers belongs to Private land and land of Forest department. The Govt/Forest land shall be arranged by concessionaire at his cost. The private land shall also be transferred/acquired/purchased by concessionaire at his cost Associated amenities The bidder shall also develop & maintain the Public Toilets at LTP and associated facilities / public amenities for user convenience: - The general toilet blocks at the lower terminal shall consist of the following: One Indian style, one western W.C, four urinals and two wash basins for gents. One Indian style, one western W.C and two wash basins for ladies Area Management Plan The bidder shall be responsible for general upkeep of the Project Area. The broad activities to be taken as part of area management shall include solid waste management, liquid waste management, provision of public conveniences and utilities such as toilets, etc. Following activities shall form part of Area Management Plan. a. Provision of utilities and public convenience facilities within the Project Site including disposal of waste. b. Provision of drainage system in the project influence area. In undertaking this activity, operator will need to ensure that the natural drainage pattern within the Project Area remains unaltered. c. Maintain the project influence area (Lower Terminal, Right of Way, Upper Terminal). d. Any activity required to be done as suggested by statutory authority in the environmental clearance of the project shall also be the responsibility of bidder. The bidder shall submit a detail Area Management Plan as part of its Technical bid submission. 14

16 2.3 BIDDER S RESPONSIBILITY FOR THE DATA While preparing the Technical and Financial Bids, the bidder shall consider the information provided in this RFP, in totality. The project site details of the Project are based on the instrument surveys carried out by M/s RITES, Gurgaon, However, Bidders shall be wholly responsible for all the details of its Bid, the physical and site conditions, the execution methodology, etc Bidder is advised to carry out necessary technical survey, field investigations, market & demand assessment, etc at its own cost and risk before submitting the Technical and Financial Bid. 2.4 TERMINOLOGY Throughout the RFP document, unless indicated otherwise by the context, the terms bid, proposal, tender and their derivatives (Bidder / Proposer / Tenderer / BOT Operator / Concessionaire, Bidding/ Proposing / Tendering), and so on are synonymous; and day means calendar day, week means calendar week, month means calendar month, and so on; and the singular also means plural In order to accomplish a comprehensive, expeditious and fair solicitation process, Bidders are advised to review the contents of RFP carefully and seek clarification if any. Bidders may obtain clarifications at the address given in Clause of Section I of RFP and the same shall be issued by CA / Consultant. 2.5 AMENDMENT OF RFP DOCUMENT a. At any time prior to the deadline for submission of Bid, CA may, for any reason, whether at its own initiative or in response to clarifications requested by any Bidder, modify the RFP Document by the issuance of Addenda. Any Addenda shall be considered part of the bidding documents. CA will conduct a pre-bid meeting on the date and venue mentioned in NIT. b. Any Addendum thus issued will be sent in writing to all those who have purchased the Bid Document. c. In order to provide the Bidders a reasonable time in which to take an addendum into account, or for any other reason, CA may, at its discretion, extend the Bid Submission Due Date. 2.6 CONSTITUTION OF BIDDERS a. The Bidder may be a single legal entity or a group of legal entities (Joint Ventures/ Consortium), coming together to implement the Project. The term Bidder used hereinafter would therefore apply to a single entity and a JV / Consortium. 15

17 b. The Bid Document must be purchased by the Bidder or any member of the Consortium submitting the Bid. c. An individual Bidder cannot at the same time be member of a Consortium applying for this Project. Further, a member of a particular Consortium cannot be member of any other Consortium applying for this Project. d. Any entity which has been barred by State Govt. of HP, Govt. of India or any other state agencies or Concessioning Authority from participating in any projects (BOT or otherwise) and the bar subsists as on the Bid date, would not be eligible to submit any Bid, either individually or as member of a Consortium. 2.7 RULES FOR BIDDING a. Each Bidder shall submit only one (1) Bid, in response to this RFP. Any Bidder, which submits or participates in more than one Bid will be disqualified and will also cause the disqualification of the Consortium of which it is a member. b. Any firm participating in this bidding process will be ineligible for being hired by the CA as Consultant or in any other capacity that require neutral, unbiased opinions or judgments on this project. c. Bidders shall provide evidence of their eligibility, as given in section below, in a manner that is satisfactory to CA and as may be requested till signing of Concession Agreement. A Bidder may be disqualified if it is determined by CA, at any stage of bidding process, that the Bidder will be unable to fulfill the requirements of the Project or fails to continue to satisfy the qualifying criteria. Supplementary information or documentation regarding qualifications may be sought from the Bidders at any time and must be so provided within a reasonable time frame stipulated. 2.8 PRE-QUALIFICATION CRITERIA FOR BIDDER The objective of Pre-Qualification criteria is to ascertain the strengths of the sole bidder/bidding consortium. Bidders would be evaluated against the following Pre-Qualification (Financial and Technical) criteria and those found to conform to the same would be short-listed as pre-qualified Financial Criteria a. Annual Turnover of the lead firm (in the case of Consortium or Bidding Firm, as the case may be) shall not be less than Rs Crore in any one of the last 5 years. The last five completed financial years for all purpose shall be , , , , ,. A weightage of 5% per year (compounded annually) shall be given to bring financial turn over of the previous years to the price level of the current year for equating the works of the previous years to the current year. 16

18 b. The bidder or lead firm (in the case of Consortium or Bidding Firm, as the case may be) shall be a net profit making firm and shall not have made losses in any of the last two financial years or any 3 out of last 5 financial years. c. The bidder or lead firm (in the case of Consortium or Bidding Firm, as the case may be) will submit a solvency Certificate of minimum solvency of Rs Crore from the Bank as per Annexure 12. d. The detail working of the Turnover is to be submitted along with the Technical Proposal (Part I). The above-mentioned information is to be submitted in format as per Annexure 9 along with the Technical Proposal (Part-I) Technical Criteria: a. Should have generated total revenue from construction and operation & maintenance of ropeways during last 10 years of value Rs crores. A weightage of 5% (compounded annually from the date of completion of the work to the submission of the bid) shall be given for equating the works of the previous years to the current year. b. All the commissioned projects should have complied with relevant standards in the country of execution. The successful completion certificate / other relevant certificate(s) from client / concerned authority should be submitted in support of the eligibility claims along with the Technical Proposal (Part I) as per Annexure 7 along with the Technical Proposal (Part-I) Operational Criteria Bidder should be currently operating & maintaining from last Ten years at least one Passenger Ropeway system. The certificate(s) from client / authority should be submitted in support of the eligibility claims along with the Technical Proposal (Part I) as per Annexure 8 along with the technical bid (Part-I) The Bidding Firm, not able to meet Technical & Operational experience on its own, can become eligible by fulfilling the following arrangements that contractually brings the required technical and operational experience, as under: a. Bidding consortium shall enter into an Engineering, Procurement and Erection & Commissioning Contract for Ropeway System, with the supplier meeting minimum technical eligibility criteria in clause However an MOU with this technology provider can be enclosed while submitting the bid, which is to be converted to an agreement after finalization of the bid. The bidding firm is not permitted to change the supplier after the submission of the bid. b. The supplier selected above and responsible for supply, erection and commissioning of the Ropeway system shall train the staff of 17

19 the bidder for Operation and Maintenance of the Ropeway system. Bidder shall sign an Operation and Maintenance support Contract for Ropeway System for a period of minimum 1-year with a provision of quarterly visits by technical staff of the supplier meeting technical eligibility criteria. However an MOU with this supplier can be enclosed while submitting the bid, which is to be converted to an agreement after finalization of the bid. c. Considering the limited suppliers in the field of ropeway, there is no restriction on the ropeway system supplier to associate with only a single bidder. Different bidders can submit the MOU with a particular supplier. However the bidding firm is not permitted to change the supplier after the submission of the bid Joint Ventures (JV) / Consortiums Bids submitted by a JV consortium / company of two or more persons, as partners shall comply with the following requirements as per Annexure 10; a. Shareholding commitment(s) in accordance with of the RFP Document, which would enter into the Concession Agreement and subsequently carry out all the responsibilities as Concessionaire in terms of the Concession Agreement, in case the Concession to undertake the Project is awarded to the JV/Consortium. b. The JV Agreement shall state clearly the responsibilities proposed to be shared among the members of consortium during project execution and implementation. c. The Lead Member shall be authorized by all members of the Consortium to incur liabilities and receive instructions for an on behalf of any and all members of the Joint Ventures / Consortium and the entire execution of the Agreement, including payments, shall be done exclusively by the Lead member. d. All members of the Joint Ventures / Consortium shall be jointly and severally liable for the execution of the Agreement in accordance with its terms & conditions, and a statement to this effect shall be included in the Authorization mentioned above and shall be agreed to in the other Contracts, to be entered between the Bidder and other Contractors / sub-contractors, Agents, should the Bidder be selected. e. Notwithstanding anything state in Clause below, the lead member of the JV / Consortium shall be responsible for all the liabilities arising under or pursuant to the Concession Agreement The member of the JV cannot be replaced till one year of commencement of commercial operations. Thereafter, contracting parties can be changed with prior permission of CA, with the new 18

20 members of the JV taking the obligations and residual liabilities of the Concession Agreement in continuation. However, in extreme circumstances, the member of the JV can be replaced before the above time period, provided that this change will only be agreed to before starting of the construction activities of the project and will have no bearing on the construction period of the project. Change in the composition of a Consortium may be permitted by Concessioning Authority only where: a. The modified Consortium would continue to meet the Qualification criteria for Bidders. b. The new member(s) expressly adopt(s) the Bid already made on behalf of the consortium as if it were a party to it originally. c. The modified Consortium would be required to submit a revised Memorandum of Understanding. d. Approval for change in the composition of a Consortium shall be at the sole discretion of CA and must be approved by CA in writing. 2.9 BIDDER S RESPONSIBILITY BEFORE BID SUBMISSION a. The Bidder shall ensure that the bid is complete in all respects and conforms to all requirements indicated in the Bid Documents. b. Bidders shall be wholly responsible for all the details of its Bid, the physical and site conditions, the execution methodology, etc. c. Bidder is advised to carry out necessary technical survey, field investigations, market & demand assessment, etc at its own cost and risk before submitting the Technical and Financial Bid. d. Bid Preparation Cost: The Bidder shall be responsible for all of the costs associated with the preparation of its Bid and its participation in the selection process. Concessioning Authority will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the selection process. e. Familiarity with Clearances: The Bidder should be familiar with the clearances required from various authorities to commence work. A Bidder shall be deemed to have carried out preliminary checks with relevant authorities. f. It would be deemed that by submitting the Bid, Bidder has: (i) Made a complete and careful examination of the Bid Document. (ii) Received all relevant information requested from CA and CA shall not be liable for any mistake or error on the part of the Bidder in respect of the above LANGUAGE OF BID The Technical and Financial Bid, and all correspondence and documents related to the Bid exchanged by the Bidder and CA shall be written in the English language. Supporting documents and printed literature furnished 19

21 by the Bidder may be in another language provided they are accompanied by an accurate English translation of the relevant passages, in which case for purpose of interpretation of the bid, the English translation shall prevail. Any material that is submitted in a language other than English, and which is not translated into English, will not be considered CURRENCIES OF BID AND PAYMENT All Financial Bids shall be in Indian Rupees only VALIDITY OF BIDS a. The Bids submitted shall remain valid for 180 days from the date of submission. b. In exceptional circumstances, Concessioning Authority may request the Bidders to extend the period of validity for a specified additional period. The request and the Bidders response shall be made in writing. Bidder may refuse the request without forfeiting its bid security. Bidder agreeing to the request will not be required or permitted to modify its Financial Bid, but will be required to extend the validity of the bid security for the period of extension POWER OF ATTORNEY a. Power of Attorney duly notarized and on a stamp paper of an appropriate value, issued and signed by each member of the bidding consortium / JV, appointing the lead member to act on its behalf in such capacity as its representative for the implementation of the Project by Consortium / JV shall be submitted. b. Power of Attorney duly notarized and on a stamp paper of any appropriate value, issued and signed by the lead member in favor of the specified person to act as the official representative of the Consortium /JV for the purpose of signing documents, making corrections / modifications and interacting with CA and acting as the contact person shall be submitted SUBCONTRACTORS The Bidders shall provide, in the Technical Bid, the names and relevant experience of subcontractors, agents, and agencies to be retained for executing the construction and operation activities on behalf of bidding consortium BID SECURITY a. The Bidders shall furnish Bid Security along with the Technical Proposal in Part 1, a Bid security amounting to Rs Lacs. b. Bid security shall be in the form of crossed Demand draft or pay order from a schedule bank in India payable at Shimla in favor of 20

22 Commissioner Tourism, Govt. of HP. The FDR/Call receipt for a period of 8 months or more after the last date of receipt of Bid and that it is pledged in favour of Commissioner, Department of Tourism & Civil Aviation, Govt. of Himachal Pradesh shall also be accepted as Bid Security. Bid Security can also be accepted in the form of Bank Guarantee from a scheduled bank, valid for a period of 240 days, in favor of Commissioner Tourism, Government of HP, payable at Shimla. c. CA shall reject any bid not accompanied by an acceptable Bid Security in the manner stated above as non-responsive. The Bid Security of a joint venture must be in the name of the joint venture submitting the Bid. d. The Bid Security will stand forfeited if: (i) (ii) Bids are withdrawn within the validity period. Failure to sign Concession Agreement, in case of Preferred Bidders. e. The Bid Security of the unsuccessful bidder shall be refunded within 30 days after signing of Concession Agreement with preferred bidder. f. The Bid Security of the successful bidder will be refunded within 30 days of submission of performance security PROJECT DEVELOPMENT SUCCESS FEES a. The Project development success fee equivalent to Two percent (2%) of total project cost as per concession agreement to be signed between CA and BOT operator shall be given by the successful bidder for the cost of development of this project, at the time of signing of Concession Agreement. This project development success fee forms part of total project cost. b. The Project Development Success Fees shall be paid in form of two separate Demand Drafts from any Scheduled Bank of India. One DD amounting to 1 % of Project cost will be in favour of Commissioner, Department of Tourism & Civil Aviation, Govt. of Himachal Pradesh payable at Shimla, HP. Another DD amounting to 1 % of Project cost will be in favour of RITES LTD payable at GURGAON, Haryana SEALING & MARKING OF BID Technical Bid a. Each bidder will be required to submit a Technical Bid to CA. Technical Bids that are responsive will be evaluated further. The bid that is not responsive with the requirements will be rejected and the Bidder will be precluded from any further participation in the bidding process. The responsiveness of the Technical bid would be 21

23 assessed based on Responsiveness criteria followed by a stepwise evaluation procedure indicated in Clause 2.26 of this Section. b. Technical submissions should be in two separate parts as indicated here below. (i) (ii) Part 1: Documents fulfilling Responsiveness requirements Part 2: Project proposal comprising of Project Development Plan. c. The Technical submission shall contain the following documents: Part 1 (i) Covering Letter (Annexure 1) (ii) Checklist of enclosed documents (Annexure 2) (iii) Bid Security (Annexure 3) (iv) Power of Attorney for the Lead Member (Annexure 4) (v) (vi) (vii) (viii) Power of Attorney for an authorised person in Lead Member Firm (Annexure 5) Joint Venture Agreement Capability Statements along with Audited Annual Reports, comprising of Balance Sheet and Profit & Loss Account, of the lead firm, for the last Two years (Annexure 7, 8 & 9). Total Investment proposed Part 2 Project Development Plan covering all the project components. The bidder shall follow the Guidelines and Development Controls, provided in Section 3 of RFP, for preparing the Project Development Plan. d. Bidders shall prepare and submit, on or before the date and time, one (1) original and one (1) copy of both Parts of the Technical Bids. The submissions must include all documents as specified in this RFP document. e. The Bidder shall seal the original and copy of Part 1 and Part 2 of the Bid in separate envelopes duly marking the envelopes as ORIGINAL and COPIES of Technical Bid as applicable. The envelopes shall then be sealed in an outer envelope duly labeled as TECHNICAL BID Financial Bid a. Financial Bid must be submitted to CA in a manner specified in this RFP document (Annexure 6). The Financial bids will be held in the safe custody with CA until Technical Bids have been evaluated completely. The instruction for the preparation of Financial Bid is provided in Section 3 of RFP. For analysis the bidders are requested to indicate total Investment proposed and tariff from passengers. b. The other submissions accompanying the Financial Bid are given below: 22

24 (i) Tourist Demand Estimate for 40 years (ii) Tariff structure for Ropeway for each year during Concession Period (iii) Revenue estimates for each year during Concession Period (iv) Cost estimates providing total project cost and break-up of initial construction cost of each project component, financing cost interest during construction and other overheads (v) Estimates for Operation & Maintenance costs for each year during Concession period (vi) Financing Plan for the project indicating sources of funding (vii) Project Profit & Loss Statement for 40 years (viii) Project Cash Flow Statement for 40 years (ix) Project Balance Sheet for 40 years c. Bidders shall prepare and submit one (1) original of the Financial Bid along with the Technical Bid. No copies of the Financial Bid are required to be submitted. The Bidder shall seal the Financial Bid in an envelope, duly marked as FINANCIAL BID SEALING OF BIDS a. Bidder shall seal both the envelopes in an outer envelope duly marked as: TECHNICAL & FINANCIAL BID FOR ROPEWAY PROJECT AT BABA BALAKNATH TEMPLE DEOTSIDH (HAMIRPUR), HP. The outer Envelop shall be addressed to: Commissioner Tourism & Civil Aviation, Govt. of HP, Block No. 28, S.D.A. Complex, Kasumpti, Shimla , Himachal pradesh b. If the outer envelope is not sealed and marked as above, CA will not assume any responsibility for the misplacement or premature opening of the bid SUBMISSION OF BIDS a. Technical and Financial Bids must be submitted, not later than Hrs on the date as mentioned in NIT, at the following address: Commissioner Tourism & Civil Aviation, Govt. of HP, Block No. 28, S.D.A. Complex, Kasumpti, Shimla , Himachal pradesh b. The bids received by CA after the deadline for it submission will be returned unopened to the Bidder and will not be considered for evaluation. There will be no exceptions to this requirement. It is the Bidder s responsibility to ensure that CA receives the bids by the designated date and time MODIFICATION OR WITHDRAWAL OF BIDS 23

25 a. The Bidder may modify or withdraw its Bid after submission, but prior to the deadline for submission of bids, provided that CA receives a written notice of the modification or withdrawal. The responsibility of submitting the modified bid, within the deadline for submission of bids will rest solely with the bidder. b. Bidder shall not be allowed to modify the Bid after the deadline for submissions. Bidder shall be allowed to modify the bid after the last date, only if the same is requested by CA, to accommodate clarifications on the Bid submitted, subject to the Bid substantially conforming to the requirements for this solicitation. c. In the event of withdrawal of a Bid by the Bidder within the validity period, the Bid Security, submitted by the bidder, shall stand forfeited OPENING OF TECHNICAL BIDS CA/RITES will open the Technical Bids in the presence of Bidders designated representative who choose to attend, at the time, date, and location given in NIT. The Bidders representative shall sign a register evidencing their attendance OPENING OF FINANCIAL BIDS The Evaluation Committee shall open the financial Bids after completing the evaluation of Technical Bids, in the manner specified in this RFP document. The Financial Bids will be opened only for those bidders that pass the technical evaluation criteria. The opening shall be undertaken in the same manner as the Technical Bids. The Financial Bids of technically non-responsive bids will be returned unopened PROCESS TO BE CONFIDENTIAL Information relating to the examination, clarification, evaluation and comparison of proposal and recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process until the award to the Preferred Bidder has been announced. Any effort by a Bidder to influence CA processing of bids or award decisions may result in the rejection of the bid CLARIFICATION OF BIDS To assist in the examination, evaluation, and comparison of proposal, CA may, at its discretion, ask any Bidder for clarification. CA may utilize services of any consultant or other advisor to assist in the examination, evaluation and comparison of proposals. However, clarifications if any required from bidder, shall be in written form and will be communicated to bidder by CA. 24

26 2.25 CORRECTIONS OF ERRORS Bids determined to be substantially responsive will be checked by CA for any arithmetic error. Wherever there is discrepancy between the amounts in figures and in words, the amount in words will govern. The corrections made by CA, as explained above, shall be considered as binding upon the bidder. If the bidder does not accept the corrections in proposal, CA may reject the Bid and Bid Security will be forfeited EVALUATION OF BIDS Prior to the detailed evaluation of Technical Bid, CA will determine if the Bidders submission is Responsive with the Technical Bid requirements. If the submission is Responsive, Evaluation Committee will review and evaluate the Technical Bid. If the submission is not responsive, the submission will be rejected and the Bidder will be eliminated from the further evaluation process. The right to determine the Responsiveness or otherwise will rest solely with the CA and no correspondence and / or representation towards this will be entertained. Responsiveness of the Bid shall be assessed on the basis of following: (i) Bid is received by the due date (ii) It includes requested information for evaluation and / or is in the formats specified. (iii) It is signed and sealed in the manner and to extent indicated. (iv) It is accompanied with a valid Bid Security. (v) The financial / technical / operational capability of the sole bidder / Bidding consortia meets the pre-qualification criteria as specified in this document Evaluation of Technical Bid a. The Technical Proposals of the bidders, whose bids are found responsive as per abovementioned process would be opened and evaluated as per the following criterion: No. Parameters 1. Technology Proposed Conformity with applicable standards 2. Total Investment proposed 3. Provision of Public amenities / support infrastructure 4. Land requirement for project (ROW / UTP/ LTP /support infrastructure / associated amenities) 5. Minimum Tree cutting requirement 6. Minimum No of intermediate towers 7. Basic Operational Plan for project including staffing 25

27 8. Repair & maintenance Plan (Minimum of Max down time, etc) 9. Safety/ emergency / rescue plan 10. Associated Amenities and Area Management Plan b. Based on the evaluation of the technical proposals, the technical qualification of the bidders shall be decided. c. For the bids that do not meet the technical guidelines provided for each sub-component, CA may seek clarifications or modifications to the same Evaluation of Financial Bid a. The financial bids of all the qualified bidders shall be opened. The Bidder would be ranked in the descending order of the Minimum Guaranteed Amount (MGA) offered in the financial bid (F1, F2, F3, etc). b. Bidders are required to submit the Financial Bid in the form of MGA to be paid to CA in year one (1) (format provided in Annexure 6) NEGOTIATIONS a. The bidder quoting the highest MGA (F1) shall be declared as most competitive financial bid and shall be invited for negotiations on technical as well as financial Proposal. Negotiations will be held at the office of the CA. b. Negotiations will include a discussion of the proposal, the proposed ropeway, technology / equipment to be used, work management plan / environment management plan and revenue projections. The Concessioning Authority and selected BOT operator will then work out agreed final scope of work, development, operation & maintenance of ropeway / associated infrastructure revenue sharing, staffing, and bar charts indicating activities and reporting. c. The negotiations will conclude with a review of the draft form of the concession agreement. To complete negotiations the CA and the bidder will initial the agreed contract. d. If the negotiation succeeds the selected bidder shall be invited to sign the concession agreement. e. If negotiations fail, the CA will invite the bidder quoting secondhighest MGA (F2) for negotiations. The process shall be repeated till negotiation is successful and preferred bidder has been identified AWARD OF CONCESSION The intention to sign Concession Agreement would be conveyed by CA to the Preferred Bidder with whom negotiation concluded successfully and who satisfies all other compliance requirement. Prior to expiration of the 26

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