International Competitive Bidding under Single Stage Bidding

Process for

“Construction of High Capacity Mass Transit Route

(HCMTR) Project – an Elevated Six Lane Inner Ring Road
connecting Bopodi – Pune University Junction – Paud
Road – Satara Road – Kondhwa Road – Solapur Road –
Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity)
Mode (the “HAM”) basis or Design, Build, Finance,
Operate and Transfer (the “DBFOT”) basis.”

REQUEST FOR PROPOSAL (RFP)

(2nd call)

BID DOCUMENT

VOLUME - I

INSTRUCTIONS TO BIDDERS

Date of Issue: May 25, 2019

Pune Municipal Corporation

PMC Building, Near Mangala Theatre,
Shivajinagar, Pune – 411 005
 Pune Municipal Corporation Request for Proposal

TABLE OF CONTENTS

Sr. No. Contents Page No.

Notice inviting RFP 3

Disclaimer 5
Glossary 6
1 Introduction 7
1.1 Background 7
1.2 Brief description of Bidding Process 8
1.3 Schedule of Bidding Process 11
2 Instructions to Bidders 12
A General 12
2.1 General terms of Bidding 12
2.2 Eligibility and qualification requirement of Bidder 16
2.3 Proprietary Data 20
2.4 Cost of Bidding 20
2.5 Site visit and verification of information 20
2.6 Verification and Disqualification 21
B Documents 23
2.7 Contents of the RFP 23
2.8 Clarifications 23
2.9 Amendment of RFP 24
C Preparation and Submission of BIDs 25
2.10 Format and Signing of BID 25
2.11 Documents comprising Technical & financial BID 25
2.12 BID Due Date 27
2.13 Late BIDs 27
2.14 Procedure of e-tendering 27
2.15 Online opening of Bids 28
2.16 Rejection of BIDs 28
2.17 Validity of BIDs 28
2.18 Confidentiality 28
2.19 Correspondence with the Bidder 28

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 1
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

D BID Security 29
2.20 BID Security 29

Evaluation of Technical and Opening & Evaluation of financial

3 Bids 31
3.1 Opening and Evaluation of Technical Bids 31
3.2 Test of Responsiveness 31
3.3 Evaluation parameters 32
3.4 Technical capacity for purpose of evaluation 32
3.5 Details of experience 34
3.6 Financial Information for purpose of evaluation 35
3.7 Opening and Evaluation of Financial Bids 35
3.8 Selection of Bidder 35
3.9 Contacts during Bid Evaluation 36
3.10 Correspondence with Bidder 36
4 Fraud and Corrupt Practices 37
5 Pre-BID Conference 39
6 Miscellaneous 40

Appendices 41
IA Letter comprising the Technical BID 41
IB Letter comprising the Financial BID 45
II Bank Guarantee for BID Security 62
III Format for Power of Attorney for signing of BID 65
IV Format for Power of Attorney for Lead Member of Consortium 67
V Format for Joint Bidding Agreement for Consortium 69
VI Integrity Pact 74

VII Details Of Advertisement Space Rights And Lease/Rental Space For

Commercial Purposes 80
VIII E-Tender Guidelines 82

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 2
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
 Pune Municipal Corporation Request for Proposal

PUNE MUNICIPAL CORPORATION

PMC Building, Near Mangala Theatre,
Shivajinagar, Pune – 411 005

Notice Inviting Bid

Tender Number: 461-RECALL- 2018 Dated: 25.05.2019

Request for Proposal for “Construction of High Capacity Mass Transit Route (HCMTR) Project
– an Elevated Six Lane Inner Ring Road connecting Bopodi – Pune University Junction – Paud
Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road – Vishrantwadi (Total
Length 35.96Km) in Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the
“HAM”) basis or Design, Build, Finance, Operate and Transfer (the “DBFOT”) basis”. (“RFP”)

The Pune Municipal Corporation (the “Authority”) has decided to undertake development and
operation / maintenance of the High Capacity Mass Transit Route (HCMTR) Project (the
“Project”) through Public-Private Partnership (the “PPP”) on Hybrid (Annuity) Mode (the
“HAM”) basis or Design, Build, Finance, Operate and Transfer (the “DBFOT”) basis, and has
decided to carry out the bidding process for selection of a private entity as the bidder to whom
the Project may be awarded. Brief particulars of the Project are as follows:

Bid Non- Period of

Estimated Security refundable Completion
Name of the Project Project Cost (In Rs.) (In Cost of
Length (In Rs.) (In Million) Document
(in Km) Million) (In Rs.)
“Construction of High Capacity Mass 35.96 51920 500.1 590,179 36 months
Transit Route (HCMTR) Project – an
Elevated Six Lane Inner Ring Road
connecting Bopodi - Pune University
Junction – Paud Road – Satara Road –
Kondhwa Road – Solapur Road – Nagar
Road - Vishrantwadi (Total Length 35.96
Km) in Pune City, Maharashtra State,
India on Hybrid (Annuity) Mode (the
“HAM”) basis or Design, Build, Finance,
Operate and Transfer (the "DBFOT")
basis.”

Two dedicated lanes for BRTS with 26

(twenty six) stations. Four lanes for
private vehicles (4 (four) wheelers) with
17 (seventeen) up-ramps and 16
(sixteen) down ramps.

The complete RFP document can be viewed / downloaded from (www.punecorporation.org /

www.pmctenders.abcprocure.com) from 25.05.2019 to 14.06.2019 (up to 1430 Hrs. IST). Bid
must be submitted online only at www.pmctenders.abcprocure.com on or before 14.06.2019
(upto 1430 hours IST). The documents downloaded from the web site should not be tampered,
and if any such tempering is detected before or after the opening of bids, the bidder shall be
penalized and black listed.
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 3
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Technical submissions of the Bids received shall be opened on 14.06.2019 (at 1500 hours IST).

Bid submitted through any other mode shall not be entertained. However, Bid Security, receipt
confirming payment towards cost of bid document, Power of Attorney and joint bidding
agreement etc. as specified in Clause 2.11.2 of the RFP shall be submitted physically by the
Bidder on or before 14.06.2019 (at 1430 hours IST). Please note that the Authority reserves the
right to accept or reject all or any of the Bids without assigning any reason whatsoever.

Thanking you,
Yours faithfully,

Mr. Aniruddha Pawaskar

Chief Engineer
Road Department
Pune Municipal Corporation
PMC Building, Near Mangala Theatre,
Shivajinagar, Pune-411 005

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 4
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

DISCLAIMER

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

This RFP is not an Agreement and is neither an offer nor invitation by the Authority to the prospective
Bidders or any other person. The purpose of this RFP is to provide interested parties with information
that may be useful to them in making their financial offer (“BID”) pursuant to this RFP. This RFP
includes statements, which reflect various assumptions and assessments arrived at by the Authority
in relation to the Project. Such assumptions, assessments and statements do not purport to contain
all the information that each Bidder may require. This RFP may not be appropriate for all persons, and
it is not possible for the Authority, its employees or advisors to consider the investment objectives,
financial situation and particular needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in the Bidding Documents, including the
Executive Summary, may not be complete, accurate, adequate or correct. Each Bidder should,
therefore, conduct its own investigations and analysis and should check the accuracy, adequacy,
correctness, reliability and completeness of the assumptions, assessments, statements and
information contained in this RFP (and the Bidding Documents) and obtain independent advice from
appropriate sources.

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

The Authority, its employees and advisors make no representation or warranty and shall have no
liability to any person, including any Bidder under any law, statute, rules or regulations or tort,
principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense
which may arise from or be incurred or suffered on account of anything contained in this RFP or
otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the RFP and
any assessment, assumption, statement or information contained therein or deemed to form part of
this RFP or arising in any way for participation in the Bidding Process.

The Authority also accepts no liability of any nature whether resulting from negligence or otherwise
howsoever caused arising from reliance of any Bidder upon the statements contained in this RFP. The
Authority may in its absolute discretion, but without being under any obligation to do so, update,
amend or supplement the information, assessment or assumptions contained in this RFP.

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

The Bidder shall bear all its costs associated with or relating to the preparation and submission of its
BID including but not limited to preparation, copying, postage, delivery fees, expenses associated with
any demonstrations or presentations which may be required by the Authority or any other costs
incurred in connection with or relating to its BID. All such costs and expenses will remain with the
Bidder and the Authority shall not be liable in any manner whatsoever for the same or for any other
costs or other expenses incurred by a Bidder in preparation or submission of the BID, regardless of the
conduct or outcome of the Bidding Process.
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 5
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

GLOSSARY

Associate As defined in Clause 2.1.18

Authority As defined in Clause 1.1.1
Bank Guarantee As defined in Clause 2.20.1
BID(s) As defined in the Disclaimer
Bidders As defined in Clause 1.2.2
Bidding Documents As defined in Clause 1.1.7
BID Due Date As defined in Clause 1.1.7
Bidding Process As defined in Clause 1.2.1
BID Security As defined in Clause 1.2.4
BID Price As defined in Clause 1.2.6
Concession As defined in Clause 1.1.5
Concession Agreement As defined in Clause 1.1.2
Concessionaire As defined in Clause 1.1.2
Conflict of Interest As defined in Clause 2.2.1
Consortium As defined in Clause 2.2.1(a)
Demand Draft As defined in Clause 2.20.2
Estimated Project Cost As defined in Clause 1.1.4
Executive Summary As defined in Clause 1.2.3
Government Government of India
Highest Bidder As defined in Clause 1.2.7
LOA As defined in Clause 3.8.4
Project As defined in Clause 1.1.1
Re. or Rs. or INR Indian Rupee
RFP or Request for Proposals As defined in the Disclaimer
Selected Bidder As defined in Clause 3.8.1

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

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 6
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

PUNE MUNICIPAL CORPORATION

SECTION 1
INTRODUCTION

1.1. Background

1.1.1 The Pune Municipal Corporation (the “Authority”) has decided to undertake
development and operation / maintenance of the High Capacity Mass Transit Route
(HCMTR) Project (the “Project”) through Public-Private Partnership (the “PPP”) on
Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and
Transfer (the “DBFOT”) basis, and has decided to carry out the bidding process for
selection of a private entity as the bidder to whom the Project may be awarded. A brief
description of the project may be seen in the Information Memorandum of the Project
at the Authority’s website www.pmc.gov.in. Brief particulars of the Project are as
follows:

Project Name Length (in Estimated

Km) Project Cost
(In Rs.) (In Million)

Construction of High Capacity Mass Transit Route 35.96 51920

(HCMTR) Project-an Elevated Six Lane Ring Road
connecting Bopodi - Pune University Junction - Paud
Road – Satara Road – Kondhwa Road – Sholapur
Road – Nagar Road - Vishrantwadi in Pune City on
Hybrid (Annuity) Mode (the “HAM”) basis or
Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.

Two dedicated lanes for BRTS with 26 (twenty six)

stations. Four lanes for private vehicles (4 (four)
wheelers) with 17 (seventeen) up-ramps and 16
(sixteen) down ramps.

1.1.2 The Selected Bidder, who is either a company incorporated under the Companies Act,
1956 or its substitute thereof or undertakes to incorporate as such prior to execution of
the concession agreement (the “Concessionaire”), shall be responsible for designing,
engineering, financing, procurement, construction, operation and maintenance of the
Project under and in accordance with the provisions of a long-term concession
agreement (the “Concession Agreement”) to be entered into between the
Concessionaire and the Authority in the form provided by the Authority as part of the
Bidding Documents pursuant thereto.

1.1.3 The scope of work will broadly include construction of 35.46 km Elevated Six Lane Ring
Road out of total length of 35.96 km project corridor length, provisions of 26 (twenty six)
BRTS stations and 33 (thirty three) two lane up & down ramps at various locations along
the project corridor using Precast Pre-stressed Concrete (PSC) Segmental Box Girder
Construction Technology operation in conformity with the Specifications and Standards
and the provisions of the Concession Agreement, and the operations and maintenance
thereof.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 7
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

1.1.4 The estimated cost of the Project (the “Estimated Project Cost”) has been specified in the
clause 1.1.1 above. The assessment of actual costs, however, will have to be made by the
Bidders.

1.1.5 The Concession Agreement sets forth the detailed terms and conditions for grant of the
concession to the Concessionaire, including the scope of the Concessionaire’s services
and obligations (the “Concession”).

1.1.6 The statements and explanations contained in this RFP are intended to provide a better
understanding to the Bidders about the subject matter of this RFP and should not be
construed or interpreted as limiting in any way or manner the scope of services and
obligations of the Concessionaire set forth in the Concession Agreement or the Authority’s
rights to amend, alter, change, supplement or clarify the scope of work, the Concession
to be awarded pursuant to this RFP or the terms thereof or herein contained.
Consequently, any omissions, conflicts or contradictions in the Bidding Documents
including this RFP are to be noted, interpreted and applied appropriately to give effect to
this intent, and no claims on that account shall be entertained by the Authority.

1.1.7 The Authority shall receive Bids pursuant to and in accordance with the terms set forth in
this RFP and other documents to be provided by the Authority pursuant to this RFP
(collectively the "Bidding Documents"), and all Bids shall be prepared and submitted in
accordance with such terms on or before the Bid due date specified in Clause 1.3 for
submission of Bids (the “Bid Due Date”).

1.2. Brief description of Bidding Process

1.2.1 The Authority has adopted a single stage two envelop process (referred to as the “Bidding
Process”) for selection of the Bidder for award of the Project. Under this process, the Bid
shall be invited under two envelops. Prior to or along with the Bid, the Bidder shall pay to
the Authority a sum of Rs. 590,179/- (Rupees Five Hundred Ninety Thousand and One
Hundred Seventy Nine only) as the cost of the bid document. Eligibility and qualification
of the Bidder will be first examined based on the details submitted under first envelop
(“Technical Bid”) with respect to eligibility and qualifications criteria prescribed in this
RFP. The financial offer under the second envelop (“Financial Bid”) shall be opened of only
those Bidders whose Technical Bids are responsive to eligibility and qualifications
requirements as per this RFP.

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

1.2.2 Interested bidders (the “Bidders”) are being called upon to submit their Bid in accordance
with the terms specified in the Bidding Documents. The expression “Bidder” shall, unless
repugnant to the context, include the members of the Consortium. The Bid shall be valid
for a period of 150 (One Hundred and Fifty) days from the date specified in Clause 1.3 for
submission of Bids.

1.2.3 The complete Bidding Documents including the draft Concession Agreement for the
Project is enclosed for the Bidders. The Executive Summary of Project prepared by the
Authority/ consultants of the Authority (the “Executive Summary”) is also enclosed for
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 8
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

guidance purposes only. Subject to the provisions of Clause 2.1.3, the aforesaid
documents and any addenda issued subsequent to this RFP document, will be deemed to
form part of the Bidding Documents.

1.2.4 A Bidder is required to deposit, along with its Bid, a Bid Security of Rs. 500,100,000/-
(Rupees Five Hundred Million and One Hundred Thousand only) (the “Bid Security”),
refundable not later than 90 (ninety) days from the Bid Due Date, except in the case of
the Selected Bidder whose Bid Security shall be retained till it has provided a Performance
Security under the Agreement. The Bidders shall (a) deposit an amount of Rs. 100,000/-
(Rupees One Hundred Thousand only) (forming part of Bid Security) in the account of
PMC by the payment gateway system of Pune Municipal Corporation. Cheque or cash or
bank guarantee for the same will not be accepted; (b) have an option to provide the
balance Bid Security (being an amount of Rs. 500,000,000/- (Rupees Five Hundred Million
only) in the form of a demand draft or a bank guarantee acceptable to the Authority, and
in such event, the validity period of the bank guarantee shall not be less than 150 (one
hundred and fifty) days from the Bid Due Date with a claim period of 60 (sixty) days, and
may be extended as may be mutually agreed between the Authority and the Bidder from
time to time and that the validity of the demand draft shall not be less than 60 (sixty) days
from the Bid Due Date. Upon submission of demand draft, the same shall be encashed by
the Authority. The Bid shall be summarily rejected if it is not accompanied by the Bid
Security.

1.2.5 The Bidders are advised to examine the Project in greater detail, and to carry out, at their
cost, such studies as may be required for submitting their respective Bids for award of the
contract including implementation of the Project.

1.2.6 Bids may be submitted by the Bidder on the following ways:

(a) HAM Basis – The Concessionaire shall be entitled to Annuity and O&M Payments, as
specified in the Concession Agreement. The Concession Period shall be 15 (fifteen)
years in addition to 3 years construction period as specified in the Concession
Agreement;

(b) DBFOT Basis – The Concessionaire shall not be entitled to any payments from the
Authority. The Concessionaire shall pay upfront premium (“Premium”) to the
Authority as per the Concession Agreement. The Concessionaire shall be granted the
(i) advertisement rights on the various locations of the Project (such as elevated
corridor, ramps, bus stations, lifts, escalators etc.); (ii) the right to sub-licence the
commercial space on the various locations in the Project; and (iii) co-branding rights
with respect to the bus stations, in terms of the Concession Agreement. Appendix VII
provides for an indicative advertising area and commercial space in the Project. The
rights shall always be subject to compliance with applicable laws and procurement of
applicable permits by the Concessionaire. The Authority shall not be responsible in the
event the Concessionaire is unable to utilise such space for any reason whatsoever.
The Concession Period shall be 30 (thirty) years in addition to 3 years construction
period as per the Concession Agreement.

1.2.7 The Bid Price / Premium amount shall constitute the sole criteria for evaluation of Bids.
Bids submitted on HAM Basis, would be evaluated on the basis of the lowest assessed Bid
Price (the “Bid Price”). The Bid Price shall be summation of (a) Net Present Value (NPV) of
Bid Project Cost during the Concession Period; and (b) NPV of O&M cost (the “O&M Cost”)
during the O&M Period, required by a Bidder for implementing the Project and shall be
paid as per the provisions of Article 23 of the Concession Agreement.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 9
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

The discount rate for calculation of NPV shall be Bank Rate1 +3% and Bank Rate shall be
the applicable Bank Rate on the date of submission of the Bid.

The Project shall be awarded to the Bidder quoting the highest Premium, and in the event
that no Bidder offers a Premium, then to the Bidder seeking the lowest assessed Bid Price.

In this RFP, the term “Highest Bidder” shall mean the Bidder who is offering the highest
Premium, and where no Bidder is offering a Premium, the Bidder seeking the lowest
assessed Bid Price shall be the Highest Bidder.

1.2.8 Generally, the Highest Bidder shall be the Selected Bidder. The remaining Bidders shall be
kept in reserve and may, in accordance with the process specified in Clause 3 of this RFP,
be invited to match the Bid submitted by the Highest Bidder in case such Highest Bidder
withdraws or is not selected for any reason. In the event that none of the other Bidders
match the Bid of the Highest Bidder, the Authority may, in its discretion, either invite fresh
Bids from the remaining Bidders or annul the Bidding Process.

1.2.9 In the event, the Bid Project Cost of the Highest Bidder is lower by more than 10% (ten
percent) with respect to the Estimated Project Cost, the Concessionaire shall submit an
Additional Performance Security (the “Additional Performance Security”) as per the
provision of the Concession Agreement. The Additional Performance Security shall be
determined at the rate of 10% (ten percent) of the difference in the Estimated Project
Cost and the Bid Project Cost.

1.2.10 Other details of the process to be followed under this bidding process and the terms
thereof are spelt out in this RFP.

1.2.11 Any queries or request for additional information concerning this RFP shall be submitted
by e-mail to the officer designated in Clause 2.11.4 below, before the date mentioned in
the Schedule of Bidding Process specified in Clause 1.3, with identification/ title:

“Queries/Request for Additional Information: Request for Proposal for Construction of

High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Ring Road
connecting Bopodi - Pune University Junction - Paud Road – Satara Road – Kondhwa
Road – Sholapur Road – Nagar Road - Vishrantwadi in Pune City on Hybrid (Annuity)
Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the "DBFOT")
basis.”

1Bank Rate shall mean the rate of interest specified by the Reserve Bank of India from time to time in pursuance of section
49 of the Reserve Bank of India Act, 1934 or any replacement of such Bank Rate for the time being in effect.
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 10
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

1.3. Schedule of Bidding Process

The Authority shall endeavour to adhere to the following schedule:

S. No. Activity Day and Date

1. Invitation of RFP (NIT) Saturday, May 25, 2019
2. Last date for receiving queries Friday, May 31, 2019
3. Pre-Bid meeting at venue mentioned Wednesday, June 1, 2019
at Clause 2.11.4
4. Authority response to queries latest Monday, June 3, 2019
by
5. Date of submission of tender / bid Friday, June 14, 2019 (2:30 pm)
(online)
6. Date of submission of tender/bid Friday, June 14, 2019 (2:30 pm)
(hard copy)
7. Opening of Technical Bids Friday, June 14, 2019 (3:00 pm)
8. Declaration eligible / qualified Bidders Thursday, July 04, 2019
9. Opening of Financial Bids Saturday, July 06, 2019
10. Scrutiny of Financial Bids and issue of Friday, July 26, 2019
Letter of Award (LOA)
11. Signing of Agreement Tuesday, September 11, 2019

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 11
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

SECTION-2
INSTRUCTIONS TO BIDDERS

A. GENERAL

2.1 General terms of Bidding

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

2.1.2 An international Bidder bidding individually or as a member of a Consortium shall ensure

that Power of Attorney is legalised/apostille by appropriate authority notarised in the
jurisdiction where the Power of Attorney is being issued and requirement of Indian Stamp
Act is duly fulfilled.

2.1.3 The Executive Summary of the Project is being provided only as a preliminary reference
document by way of assistance to the Bidders who are expected to carry out their own
surveys, investigations and other detailed examination of the Project before submitting
their Bids. Nothing contained in the Executive Summary shall be binding on the Authority
nor confer any right on the Bidders, and the Authority shall have no liability whatsoever
in relation to or arising out of any or all contents of the Executive Summary.

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

2.1.5 The Bid shall be furnished in the format exactly as per Appendix-I i.e. Technical Bid as per
Appendix IA and Financial Bid as per Appendix IB. Bid amount shall be indicated clearly in
both figures and words, in Indian Rupees, in prescribed format of Financial Bid and shall
be signed by the Bidder’s authorised signatory. In the event of any difference between
figures and words, the amount indicated in words shall be taken into account.

2.1.6 The Bidder shall deposit a Bid Security of Rs. 500,100,000/- (Rupees Five Hundred Million
and One Hundred Thousand only) in accordance with the provisions of this RFP. The
Bidder (a) has to deposit an amount of Rs. 100,000/- (Rupees One Hundred Thousand
only) (forming part of Bid Security) in the account of PMC by the payment gateway system
of Pune Municipal Corporation; and (b) has the option to provide the balance Bid Security
(being an amount of Rs. 500,000,000/- (Rupees Five Hundred Million only) either as a
Demand Draft or in the form of a Bank Guarantee acceptable to the Authority, as per
format at Appendix-II. The Bidders shall also pay Rs. 590,179/- (Rupees Five Hundred
Ninety Thousand and One Hundred Seventy Nine only) towards cost of bid document in
the account of PMC by the payment gateway system of Pune Municipal Corporation.

2.1.7 The validity period of the Bank Guarantee or Demand Draft, as the case may be, shall not
be less than 150 (one hundred and fifty) days from the Bid Due Date with a claim period
of 60 (Sixty) days, and may be extended as may be mutually agreed between the Authority
and the Bidder. The Bid shall be summarily rejected if it is not accompanied by the Bid
Security. The Bid Security shall be refundable no later than 90 (ninety) days from the Bid
Due Date except in the case of the Selected Bidder whose Bid Security shall be retained
till it has provided a Performance Security under the Agreement.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 12
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

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

2.1.9 In case the Bidder is a Consortium, the Members thereof should furnish a Power of
Attorney in favour of any Member, which Member shall thereafter be identified as the
Lead Member, in the format at Appendix – IV2. In case the Bidder is a Consortium, Joint
Bidding Agreement in the format at Appendix V shall be submitted by the Bidder.

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

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

2.1.12 The Bidding documents including this RFP and all attached documents, provided by the
Authority are and shall remain or become the property of the Authority and are
transmitted to the Bidders solely for the purpose of preparation and the submission of a
Bid in accordance herewith. Bidders are to treat all information as strictly confidential and
shall not use it for any purpose other than for preparation and submission of their Bid.
The provisions of this Clause 2.1.12 shall also apply mutatis mutandis to Bids and all other
documents submitted by the Bidders, and the Authority will not return to the Bidders any
Bid, document or any information provided along therewith.

2.1.13 This RFP is not transferable.

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

2.1.15 Where the Bidder is a single entity, it shall be required to form an appropriate Special
Purpose Vehicle, incorporated under the Indian Companies Act 2013 (the “SPV”), to
execute the Concession Agreement and implement the Project. In case the Bidder is a
Consortium, it shall, in addition to forming an SPV, comply with the following additional
requirements:

(a) Number of members in a Consortium shall not exceed 6 (six). However, none of
the members in a Consortium should be under any sort of ineligibility under the
Bid documents but information sought in the Bid may be restricted to 4 (four)
members in the order of their equity contribution;

(b) subject to the provisions of clause (a) above, the Bid should contain the
information required for each member of the Consortium;

(c) members of the Consortium shall nominate one member as the lead member (the
“Lead Member”), who shall have an equity share holding of at least 26% (twenty
six per cent) of the paid up and subscribed equity of the SPV. The nomination(s)
shall be supported by a Power of Attorney, as per the format at Appendix-III,
signed by all the other members of the Consortium;

2In case of a Consortium, the Members should submit a Power of Attorney in favour of any Member as per the format as
Appendix-IV. Such Member shall thereafter be identified as the Lead Member. The Lead Member should submit a power of
Attorney as per the format in Appendix-III, authorising the signatory of the BID. Members of the Consortium need not submit
Power of Attorney as per the format at Appendix-III, authorising the signatory of the BID.
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 13
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

(d) the Bid should include a brief description of the roles and responsibilities of
individual members, particularly with reference to financial, technical and O&M
obligations;

(e) an individual Bidder cannot at the same time be member of a Consortium applying
RFP. Further, a member of a particular Bidder Consortium cannot be member of
any other Bidder Consortium applying for RFP;

(f) the members of a Consortium shall form an appropriate SPV to execute the
Project, if awarded to the Consortium;

(g) members of the Consortium shall enter into a binding Joint Bidding Agreement,
substantially in the form specified at Appendix-V (the “Jt. Bidding Agreement”),
for the purpose of submitting a Bid. The Jt. Bidding Agreement, to be submitted
along with the BID, shall, inter alia:

(i) convey the intent to form an SPV, solely for the purpose of domiciling the
Project and no other purpose, with shareholding/ ownership equity
commitment(s) in accordance with this RFP, which would enter into the
Concession Agreement and subsequently perform all the obligations of
the Concessionaire in terms of the Concession Agreement, in case the
concession to undertake the Project is awarded to the Consortium;

(ii) clearly outline the proposed roles and responsibilities, if any, of each
member;

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

(iv) commit that each of the members, whose experience will be evaluated
for the purposes of this RFP, shall subscribe to 26% (twenty six per cent)
or more of the paid up and subscribed equity of the SPV and shall further
commit that each such member shall, for a period of 2 (two) years from
the date of commercial operation of the Project, hold equity share capital
not less than: (i) 26% (twenty six per cent) of the subscribed and paid up
equity share capital of the SPV; and (ii) 5% (five per cent) of the Total
Project Cost specified in the Concession Agreement;

(v) members of the Consortium undertake that they shall collectively hold at
least 51% (fifty one per cent) of the subscribed and paid up equity of the
SPV at all times until the second anniversary of the commercial operation
date of the Project; and

(vi) include a statement to the effect that all members of the Consortium
shall be liable jointly and severally for all obligations of the
Concessionaire in relation to the Project until the Financial Close of the
Project is achieved in accordance with the Concession Agreement; and

(h) except as provided under this RFP and the Bidding Documents, there shall not be
any amendment to the Jt. Bidding Agreement without the prior written consent
of the Authority.

2.1.16 Any entity which has been barred by the Central/ State Government, or any entity
controlled by it, from participating in any project (BOT or otherwise), and the bar subsists

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 14
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

as on the date of Bid, would not be eligible to submit a Bid, either individually or as
member of a Consortium.

2.1.17 A Bidder including any Consortium Member or Associate should, in the last 3 (three) years,
have neither failed to perform on any contract, as evidenced by imposition of a penalty
by an arbitral or judicial authority or a judicial pronouncement or arbitration award
against the Bidder, Consortium Member or Associate, as the case may be, nor has been
expelled from any project or contract by any public entity nor have had any contract
terminated any public entity for breach by such Bidder, Consortium Member or Associate.

Authority would place sole reliance on the certification provided by the Bidder in this
regard in its letter comprising the Technical Bid.

2.1.18 In computing the Technical Capacity and Net Worth of the Bidder/ Consortium Members
under Clauses 2.2.2, 2.2.4 and 3.4, the Technical Capacity and Net Worth of their
respective Associates would also be eligible hereunder.

For purposes of this RFP, Associate means, in relation to the Bidder/ Consortium Member,
a person who controls, is controlled by, or is under the common control with such Bidder/
Consortium Member (the “Associate”). As used in this definition, the expression “control”
means, with respect to a person which is a company or corporation, the ownership,
directly or indirectly, of more than 50% (fifty per cent) of the voting shares of such person,
and with respect to a person which is not a company or corporation, the power to direct
the management and policies of such person by operation of law.

It is clarified that a certificate from a qualified external auditor who audits the book of
accounts of the Bidder or the Consortium Member shall be provided to demonstrate that
a person is an Associate of the Bidder or the Consortium as the case may be.

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

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

(b) information supplied by a Bidder (or other constituent Member if the Bidder is a
Consortium) must apply to the Bidder, Member or Associate named in the Bid and
not, unless specifically requested, to other associated companies or firms;

(c) in responding to the RFP submissions, Bidders should demonstrate their

capabilities in accordance with Clause 3.1 below; and

(d) in case the Bidder is a Consortium, each Member should substantially satisfy the
RFP requirements to the extent specified herein.

2.1.20 While Qualification is open to persons from any country, the following provisions shall
apply:

(a) Where, on the date of the Bid, not less than 50% (fifty percent) of the aggregate
issued, subscribed and paid up equity share capital in a Bidder or its Member is
held by persons resident outside India or where a Bidder or its Member is
controlled by persons resident outside India; or

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 15
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

(b) if at any subsequent stage after the date of the Bid, there is an acquisition of not
less than 50% (fifty percent) of the aggregate issued, subscribed and paid up
equity share capital or control, by persons resident outside India, in or of the
Bidder or its Member;

then the Eligibility and /or opening of Financial Bid and or Award of the Project to such
Bidder shall be subject to approval of the Authority from national security and public
interest perspective. The decision of the Authority in this behalf shall be final and
conclusive and binding on the Bidder.

The holding or acquisition of equity or control, as above, shall include direct or indirect
holding/ acquisition, including by transfer, of the direct or indirect legal or beneficial
ownership or control, by persons acting for themselves or in concert and in determining
such holding or acquisition, the Authority shall be guided by the principles, precedents
and definitions contained in the Securities and Exchange Board of India (Substantial
Acquisition of Shares and Takeovers) Regulations, 2011, or any substitute thereof, as in
force on the date of such acquisition.

The Bidder shall promptly inform the Authority of any change in the shareholding, as
above, and failure to do so shall render the Bidder liable for disqualification from the
Bidding Process.

2.1.21 Notwithstanding anything to the contrary contained herein, in the event that the Bid Due
Date falls within three months of the closing of the latest financial year of a Bidder, it shall
ignore such financial year for the purposes of its BID and furnish all its information and
certification with reference to the 5 (five) years or 1 (one) year, as the case may be,
preceding its latest financial year. For the avoidance of doubt, financial year shall, for the
purposes of an BID hereunder, mean the accounting year followed by the Bidder in the
course of its normal business.

2.1.22 During the period from the date of the Concession Agreement until the Appointed Date
(the “Development Period”), the Concessionaire shall maintain the existing Project road,
in such a manner so as to ensure that the road is in pothole free condition and also to
ensure that the quality of service and safety are maintained and in the event of any
material deterioration or damage other than normal wear and tear, the Concessionaire
shall undertake repair thereof. The Concessionaire shall make necessary provisions for
inclusion of costs related to maintenance during the Development Period in its Bid.

2.1.23 The Authority shall not be responsible for delay in submission of documents for any
reason whatsoever.

2.2 Eligibility and qualification requirements of Bidder

2.2.1 For determining the eligibility of Bidder the following shall apply:

(a) The Bidder may be a single entity or a group of entities (the “Consortium”), coming
together to implement the Project. However, no Bidder applying individually or as a
member of a Consortium, as the case may be, can be member of another Bidder or apply
individually. The term Bidder used herein would apply to both a single entity and a
Consortium.

(b) Bidder may be a natural person, private entity, or any combination of them with a formal
intent to enter into a Joint Bidding Agreement or under an existing agreement to form a

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 16
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Consortium. A Consortium shall be eligible for consideration subject to the conditions set
out in Clause 2.1.15.

(c) A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the
Bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified. In the
event of disqualification, the Authority shall be entitled to forfeit and appropriate 5% of
the value of the Bid Security or equivalent amount from the Performance Security, as the
case may be, as mutually agreed genuine pre-estimated loss and damage likely to be
suffered and incurred by the Authority and not by way of penalty for, inter alia, the time,
cost and effort of the Authority, including consideration of such Bidder’s proposal (the
“Damages”), without prejudice to any other right or remedy that may be available to the
Authority under the Bidding Documents and/or the Concession Agreement or otherwise.
Without limiting the generality of the above, a Bidder shall be deemed to have a Conflict
of Interest affecting the Bidding Process, if:

(i) The Bidder, its Member or Associate (or any constituent thereof) and any other
Bidder, its Member or any Associate thereof (or any constituent thereof) have
common controlling shareholders or other ownership interest; provided that this
disqualification shall not apply in cases where the director in direct shareholding of a
Bidder, its Member or an Associate thereof (or any shareholder thereof having a
shareholding of not more than 25% (twenty five percent) of the paid up and
subscribed capital; of such Bidder, Member or Associate, as the case may be) in the
other Bidder, its Member or Associate, is not more than 25% (Twenty five percent) of
the subscribed and paid up equity share capital thereof; provided further that this
disqualification shall not apply to any ownership by a bank, insurance company,
pension fund or a public financial institution referred to in section 2(72) of the
Companies Act, 2013. For the purposes of this Clause 2.2.1(c), indirect shareholding
held through one or more intermediate persons shall be computed as follows: (aa)
where any intermediary is controlled by a person through management control or
otherwise, the entire shareholding held by such controlled intermediary in any other
person (the “Subject Person”) shall be taken into account for computing the
shareholding of such controlling person in the Subject Person; and (bb) subject always
to sub-clause (aa) above, where a person does not exercise control over an
intermediary, which has shareholding in the Subject Person, the computation of
indirect shareholding of such person in the Subject Person shall be undertaken on a
proportionate basis; provided, however, that no such shareholding shall be reckoned
under this sub-clause (bb) if the shareholding of such person in the intermediary is
less than 26% of the subscribed and paid up equity shareholding of such intermediary;
or

(ii) a constituent of such Bidder is also a constituent of another Bidder; or

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

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

(v) such Bidder, or any Associate thereof, has a relationship with another Bidder, or any
Associate thereof, directly or through common third party/ parties, that puts either

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 17
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

or both of them in a position to have access to each other’s’ information about, or to

influence the Bid of either or each other; or

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

(vii) Such Bidder or any Associate thereof has appointed any official of the Authority,
Technical Advisors of Authority for the Project, Legal Advisors of Authority for the
Project, Financial Advisors of Authority for the Project, dealing with the Project, within
a period of 1 years from the date of award of the Project to that Bidder.

Explanation:

In case a Bidder is a Consortium, then the term Bidder as used in this Clause 2.1.12, shall
include each Member of such Consortium.

For purposes of this RFP, Associate means, in relation to the Bidder/Consortium Member,
a person who controls, is controlled by, or is under the common control with such
Bidder/Consortium Member (the “Associate”). As used in this definition, the expression
“control” means, with respect to a person which is a company or corporation, the
ownership, directly or indirectly, of more than 50% (fifty percent) of the voting shares of
such person, and with respect to a person which is not a company or corporation, the
power to direct the management and policies of such person by operation of law.

(d) A Bidder shall be liable for disqualification and forfeiture of Bid Security if any legal,
financial or technical adviser of the Authority in relation to the Project is engaged by the
Bidder, its Members or any Associate thereof, as the case may be, in any manner for
matters related to or incidental to such Project during the Bidding Process or subsequent
to the (i) issue of the LOA or (ii) execution of the Concession Agreement. In the event any
such adviser is engaged by the Selected Bidder or Concessionaire, as the case may be, after
issue of the LOA or execution of the Concession Agreement for matters related or
incidental to the Project, then notwithstanding anything to the contrary contained herein
or in the LOA or the Concession Agreement and without prejudice to any other right or
remedy of the Authority, including the forfeiture and appropriation of the Bid Security or
Performance Security, as the case may be, which the Authority may have thereunder or
otherwise, the LOA or the Concession Agreement, as the case may be, shall be liable to be
terminated without the Authority being liable in any manner whatsoever to the Selected
Bidder or Concessionaire for the same. For the avoidance of doubt, this disqualification
shall not apply where such adviser was engaged by the Bidder, its Member or Associate in
the past but its assignment expired or was terminated 6 (six) months prior to the date of
issue of RFP for the Project. Nor will this disqualification apply where such adviser is
engaged after a period of 3 (three) years from the date of commercial operation of the
Project.

Notwithstanding anything to the contrary contained in sub-clause (c) (i) of Clause 2.2.1,
an Bidder may, within 10 (ten) days after the Bid Due Date remove from its Consortium
any Member who suffers from a Conflict of Interest, and such removal shall be deemed to
cure the Conflict of Interest arising in respect thereof. However, his financial bid shall not
be opened.

Provided further, in case the Authority seeks information / clarification from a Bidders
related to occurrence / non-occurrence of Conflict of Interest and the Bidders fails to
provide such information within a reasonable time, the Authority shall disqualify the
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 18
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Bidders. Encash its Bid Security as per provision of Clause 2.20.7 (a) and further debar it
from participation in any future procurement process for a minimum period of 1 year.

2.2.2 To be eligible for this RFP a Bidder shall fulfil the following conditions of eligibility:

(A) Technical Capacity: For demonstrating technical capacity and experience (the “Technical
Capacity”), the Bidder shall, over the past 5 (five) financial years preceding the Bid Due Date,
have:

(i) paid for, or received payments for, construction of Eligible Project(s); and/ or

(ii) paid for development of Eligible Project(s) in Category 1 and/or Category 2 specified in
Clause 3.4.1; and/ or

(iii) collected and appropriated revenues from Eligible Project(s) in Category 1 and/or Category
2 specified in Clause 3.4.1, such that the sum total of the above, as further adjusted in
accordance with clause 3.4.6, is more than Rs. 51,920,000,000/- (Rupees Fifty-One Billion Nine
Hundred Twenty Million only) (the “Threshold Technical Capability”).

Provided that at least one fourth of the Threshold Technical Capability shall be from the
Eligible Projects in Category 1 and/ or Category 3 specified in Clause 3.4.1.

Provided that Bidder should have constructed elevated bridges / viaducts in the last five years
with a minimum aggregate length of 3.5 kilometres using precast pre-stressed concrete (PSC)
segmental box girder construction technology.

(B) Financial Capacity: The Bidder shall have a minimum Net Worth (the “Financial Capacity”) of
Rs. 13,000,000,000/- (Rupees Thirteen Billion only) at the close of the preceding financial year.
A Bidder’s Financial Capacity shall be measured in terms of a score (“Financial Score”).3.

In case of a Consortium, the combined technical capability and net worth of those Members,
who have and shall continue to have an equity share of at least 26% (twenty six per cent) each
in the SPV, should satisfy the above conditions of eligibility; provided that each such Member
shall, for a period of 2 (two) years from the date of commercial operation of the Project, hold
equity share capital not less than: (i) 26% (twenty six per cent) of the subscribed and paid up
equity of the SPV; and (ii) 5% (five per cent) of the Total Project Cost specified in the
Concession Agreement4 .

Provided further that each member of the Consortium shall have a minimum Net Worth of
12.5% of Estimated Project Cost in the immediately preceding financial year5.

Applicant /each member in the consortium shall demonstrate positive Net Cash Accruals in
the last five years preceding the Bid Due Date.

2.2.3 O&M Experience: The Bidder shall engage an experienced O&M contractor or hire qualified
and trained personnel for operation and maintenance of the Project in conformity with the
provisions of the Concession Agreement.

3 In case a Bidder has issued any fresh Equity Capital during the current financial year, the same shall be permitted to be
added to the Bidder’s Net Worth subject to the Statutory Auditor of the Bidder certifying to this effect.
4 The Authority may, in its discretion, impose further obligations in the Concession Agreement, but such obligations should

provide sufficient mobility for partial divestment of equity without compromising the interests of the Project.
5 Refer Footnote 3 and 4 above

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 19
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

2.2.4 The Bidders shall enclose with its bid, to be submitted as per the format at Appendix-IA,
complete with its Annexes, the following:

(i) Certificate(s) from its statutory auditors6 or the concerned client(s) stating the
payments made/ received or works commissioned, as the case may be, during the
past 5 years in respect of the projects specified in paragraph 2.2.2 (A) above. In
case a particular job/ contract has been jointly executed by the Bidder (as part of
a Consortium), it should further support its claim for the share in work done for
that particular job/ contract by producing a certificate from its statutory auditor
or the client; and

(ii) Certificate(s) from its statutory auditors specifying Net Cash Accruals in the last
five years and the Net Worth of the Bidder, as at the close of the preceding
financial year, and also specifying that the methodology adopted for calculating
such Net Cash Accruals and Net Worth conforms to the provisions of this Clause
2.2.4 (ii). For the purposes of this RFP, Net Cash Accruals shall mean Profit After
Tax + Depreciation Net Worth (the “Net Worth”) shall mean the aggregate value
of the paid-up share capital and all reserves created out of the profits and
securities premium account, after deducting the aggregate value of the
accumulated loses, deferred expenditure and miscellaneous expenditure not
written off, as per the audited balance sheet, but does not include reserves
created out of revaluation of assets, write back of depreciation and
amalgamation.

2.3 Proprietary data

All documents and other information supplied by the Authority or submitted by a Bidder
to the Authority shall remain or become the property of the Authority. Bidders are to treat
all information as strictly confidential and shall not use it for any purpose other than for
preparation and submission of their Bid. The Authority will not return any Bid or any
information provided along therewith.

2.4 Cost of Bidding

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

2.5 Site visit and verification of information

2.5.1 Bidders are encouraged to submit their respective Bids after visiting the Project site and
ascertaining for themselves the site conditions, location, surroundings, climate,
availability of power, water & 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. Bidders are advised to visit the site and familiarise
themselves with the Project with in the stipulated time of submission of the Bid. No
extension of time is likely to be considered for submission of Bids.

6 In case duly certified audited annual financial statements containing explicitly the requisite details are provided, a separate
certification by statutory auditors would not be necessary in respect of Clause 2.2.4 (i). In jurisdictions that do not have
statutory auditors, the firm of auditors which audits the annual accounts of the Bidder may provide the certificates required
under this RFP
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 20
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

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

(a) made a complete and careful examination of the Bidding Documents;

(b) received all relevant information requested from the Authority;

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

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

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

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

(f) acknowledged that it does not have a Conflict of Interest;

(g) agreed to be bound by the undertakings provided by it under and in terms hereof;
and

(h) has made necessary provisions for inclusion of costs related to maintenance
during the Development Period in its Bid as per Clause 21.1.22.

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

2.6 Verification and Disqualification

2.6.1 The Authority reserves the right to verify all statements, information and documents
submitted by the Bidder in response to the RFP and the Bidder shall, when so required by
the Authority, make available all such information, evidence and documents as may be
necessary for such verification. Any such verification, or lack of such verification, by the
Authority shall not relieve the Bidder of its obligations or liabilities hereunder nor will it
affect any rights of the Authority thereunder.

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

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

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

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

Bidder. If the Bidder is a Consortium, then the entire Consortium and each Member of the
Consortium may be disqualified/rejected. If such disqualification/ rejection occurs after

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 21
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

the Bids have been opened and the lowest Bidder gets disqualified/rejected, then the
Authority reserves the right to annul the Bidding Process and invites fresh Bids.

2.6.3 In case it is found during the evaluation or at any time before signing of the Concession
Agreement or after its execution and during the period of subsistence thereof, including
the concession thereby granted by the Authority, that one or more of the eligibility and
/or qualification requirements have not been met by the Bidder, or the Bidder has made
material misrepresentation or has given any materially incorrect or false information, the
Bidder shall be disqualified forthwith if not yet appointed as the Concessionaire either by
issue of the LOA or entering into of the Concession Agreement, and if the Selected Bidder
has already been issued the LOA or the SPV has entered into the Concession Agreement,
as the case may be, the same shall, notwithstanding anything to the contrary contained
therein or in this RFP, be liable to be terminated, by a communication in writing by the
Authority to the Selected Bidder or the Concessionaire, as the case may be, without the
Authority being liable in any manner whatsoever to the Selected Bidder or the
Concessionaire. In such an event, the Authority shall be entitled to forfeit and appropriate
the Bid Security or Performance Security, as the case may be, as Damages, without
prejudice to any other right or remedy that may be available to the Authority under this
RFP, the Bidding Documents, the Concession Agreement or otherwise.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 22
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

B. DOCUMENTS

2.7 Contents of the RFP

2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below, and
will additionally include any Addenda issued in accordance with Clause 2.9.

Invitation for BIDs

Section 1. Introduction

Section 2. Instructions to Bidders

Section 3. Evaluation of Bids

Section 4. Fraud and Corrupt Practices

Section 5. Pre-Bid Conference

Section 6. Miscellaneous

Appendices

IA Letter comprising the Technical Bid including Annexure I to VI

IB Letter comprising the Financial Bid

II. Bank Guarantee for Bid Security

III. Power of Attorney for signing of Bid

IV. Power of Attorney for Lead Member of Consortium

V. Joint Bidding Agreement for Consortium

VI. Integrity Pact

2.7.2 The draft Concession Agreement and the Feasibility Report provided by the Authority as
part of the BID Documents shall be deemed to be part of this RFP.

2.8 Clarifications

2.8.1 Bidders requiring any clarification on the RFP may notify the Authority in writing or by fax
and e-mail in accordance with Clause 1.2.11. They should send in their queries before the
date mentioned in the Schedule of Bidding Process specified in Clause 1.3. The Authority
shall endeavour to respond to the queries within the period specified therein, but no later
than 15 (fifteen) days prior to the Bid 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 Bidders
without identifying the source of queries.

2.8.2 The Authority shall endeavour to respond to the questions raised or clarifications sought
by the Bidders. However, the Authority reserves the right not to respond to any question
or provide any clarification, in its sole discretion, and nothing in this Clause shall be taken

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 23
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

or read as compelling or requiring the Authority to respond to any question or to provide

any clarification.

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

2.9 Amendment of RFP

2.9.1 At any time prior to the Bid Due Date, the Authority may, for any reason, whether at its
own initiative or in response to clarifications requested by a Bidder, modify the RFP by the
issuance of Addenda.

2.9.2 Any Addendum issued hereunder will be in writing and shall be send to all the Bidders.

2.9.3 In order to afford the Bidders a reasonable time for taking an Addendum into account, or
for any other reason, the Authority may, at its own discretion, extend the Bid Due Date7.

7 While extending the Bid Due Date on account of an addendum, the Authority shall have due regard for the time required
by Bidders to address the amendments specified therein. In the case of significant amendments, at least 15 (fifteen) days
shall be provided between the date of amendment and the Bid Due Date, and in the case of minor amendments, at least 7
(seven) days shall be provided.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 24
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

C. PREPARATION AND SUBMISSION OF BIDS

2.10 Format and Signing of Bid

2.10.1 The Bidder shall provide all the information sought under this RFP. The Authority will
evaluate only those Bids that are received online in the required formats and complete in
all respects and Bid Security, proof of online payment of cost of bid document and the
portion of Bid Security to be paid online, POA and Joint Bidding Agreement etc. as
specified in Clause 2.11.2 of the RFP are received in hard copies.

2.10.2 The Bid shall be typed and signed in indelible blue ink by the authorised signatory of the
Bidder. All the alterations, omissions, additions or any other amendments made to the
Bid shall be initialled by the person(s) signing the Bid.

2.11 Documents comprising Technical and Financial Bid

2.11.1 The Bidder shall submit the Technical Bid & Financial Bid online through e-procurement
portal www.pmctenders.abcprocure.com comprising of the following documents along
with supporting documents as appropriate:

Technical Bid

(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure I to V and
supporting certificates / documents.;

(b) Power of Attorney for signing the BID as per the format at Appendix-III;

(c) if applicable, Power of Attorney for Lead Member of Consortium as per the format
at Appendix-IV;

(d) if applicable, Joint Bidding Agreement for Consortium as per the format at
Appendix-V;

(e) copy of Memorandum and Articles of Association, if the Bidder is a body

corporate, and if a partnership then a copy of its partnership deed;

(f) Copies of Bidder’s duly audited balance sheet and profit and loss statement for
preceding 5 years;

(g) Integrity Pact as per format given in Appendix VI shall be submitted by the Bidder
with the RFP Bid duly signed by Authorised signatory & shall be part of the
Concession Agreement;

(h) Bid Security of Rs. 500,000,000/- (Rupees Five Hundred Million only) in the form
of Demand Draft or Bank Guarantee in the format at Appendix-II from a Scheduled
Bank. An amount of Rs. 100,000/- (Rupees One Hundred Thousand only)
(forming part of Bid Security) in the account of PMC by the payment gateway
system of Pune Municipal Corporation and receipt generated upon such payment
should be attached;

(j) Copy of receipt confirming payment of Rs. 590,179/- (Rupees Five Hundred
Ninety Thousand and One Hundred Seventy Nine only) towards cost of Bid

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 25
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

document in the account of PMC by the payment gateway system of Pune

Municipal Corporation;

(k) Deleted;

(l) An undertaking from the person having PoA referred to in Sub. Clause-(b) above
that they agree and abide by the Bid documents uploaded by PMC and
amendments uploaded, if any.

Financial Bid

(m) Appendix-IB (Letter comprising the Financial Bid)8

2.11.2 The Bidder shall submit the following documents physically:

(a) Original Power of Attorney for signing the Bid as per format at Appendix-III;

(b) if applicable, Original Power of Attorney for Lead Member of Consortium as per
the format at Appendix-IV;

(c) if applicable, Original Joint Bidding Agreement for Consortium as per the format
at Appendix-V;

(d) Bid Security of Rs. 500,000,000 (Rupees Five Hundred Million only) in the form
of Original Demand Draft or Original Bank Guarantee in the format at Appendix-
II from a Scheduled Bank;

(e) Receipt confirming payment of Rs. 590,179/- (Rupees Five Hundred Ninety
Thousand and One Hundred Seventy Nine only) towards cost of Bid Document
in the PMC account through the payment gateway system of Pune Municipal
Corporation.

(f) Integrity pact on plain paper shall be submitted by the Bidder with the RFP Bid
duly signed by Authorized signatory & shall be part of the Concession Agreement;

(g) Deleted

(h) An undertaking from the person having PoA referred to in Sub Clause-(a) above
that they agree and abide by the Bid documents uploaded by PMC and
amendments uploaded, if any.

(i) Original Statement of Legal Capacity as per format at Annexure V to Appendix I.

2.11.3 The documents listed at clause 2.11.2shall be placed in an envelope, which shall be sealed.
The envelope shall clearly bear the identification “BID for the Construction of High
Capacity Mass Transit Route (HCMTR) Project - an Elevated Six Lane Ring Road
connecting Bopodi-Pune University Junction- Paud Road – Satara Road – Kondhwa Road
– Sholapur Road – Nagar Road - Vishrantwadi in Pune City on Hybrid (Annuity) Mode
(the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the "DBFOT") basis”
and shall clearly indicate the name and address of the Bidder. In addition, the Bid Due
Date should be indicated on the right hand top corner of the envelope.

8 Appendix – IB shall be uploaded in a separate folder along with the financial quotation.
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 26
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

2.11.4 The envelope shall be addressed to one of the following officer and shall be submitted at
the respective address:

ATTN. OF: SHRI. ANIRUDDHA PAWASKAR

DESIGNATION: CHIEF ENGINEER, ROAD DEPARTMENT,
ADDRESS: PUNE MUNICIPAL CORPORATION, PMC BUILDING, SHIVAJI NAGAR, NEAR
MANGLA THEATRE, PUNE - 411005
E-MAIL ADDRESS: hcmtr@punecorporation.org
PHONE: +91 (20) 25501381

2.11.5 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 Bid
submitted and consequent losses, if any, suffered by the Bidder.

2.11.6 Bids submitted by fax, telex, telegram or e-mail shall not be entertained and shall be
summarily rejected.

2.12 Bid Due Date

Technical & Financial Bid comprising of the documents listed at clause 2.11.1 of the RFP
shall be submitted online through www.pmctenders.abcprocure.com on or before 1430
Hrs on 14.06.2019. Documents listed at clause 2.11.2 of the RFP shall be physically
submitted on or before 1430 hours IST on 14.06.2019 at the address provided in Clause
2.11.4 in the manner and form as detailed in this RFP.A receipt thereof should be obtained
from the person specified at Clause 2.11.4.

2.13 Late Bids

www.pmctenders.abcprocure.com shall not allow submission of any Bid after the

prescribed date and time at Clause 2.12. Physical receipt of documents listed at Clause
2.11.2 of the RFP after the prescribed date and time at Clause 2.12 shall not be considered
and the bid shall be summarily rejected.

2.14 Procedure for e-tendering

2.14.1 Procedure

Please refer to Appendix - VIII detailing the guidelines to be followed for online filing.

2.14.2 Preparation & Submission of Bids:

2.14.2.1 The Bidder may submit his Bid online following the instruction appearing on the screen.
A buyer manual containing the detailed guidelines for e-procurement is also available
on e-procurement portal of the Authority (www.pmctenders.abcprocure.com).

2.14.2.2 The documents listed at clause 2.11.1 shall be prepared and scanned in different files
(in PDF or RAR format such that file size is not more than10 MB) and uploaded during
the on-line submission of BID.

2.14.2.3 Bid must be submitted online only through e-procurement portal of the Authority
www.pmctenders.abcprocure.com using the digital signature of authorised
representative of the Bidder on or before 14.06.2019 (upto 1430 hours IST).

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 27
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

2.14.3 Modifications/ Substitution/ withdrawal of Bids

2.14.3.1 The Bidder shall not be entitled to modify, substitute or withdraw its e-Bid after
submission.

2.15 Online Opening of Bids.

2.15.1 Opening of Bids will be done through online process.

2.15.2 The Authority shall on-line open Technical Bids on 14.06.2019 at 1500 hours IST, in
the presence of the authorized representatives of the Bidders, who choose to attend.
Technical Bid of only those Bidders shall be online opened whose documents listed at
clause 2.11.2 of the RFP have been physically received. The PMC will subsequently
examine and evaluate the Bids in accordance with the provisions of Section 3 of RFP.

2.16 Rejection of Bids

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

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

2.17 Validity of Bids

The Bids shall be valid for a period of not less than 150 (one hundred and fifty) days
from the Bid Due Date. The validity of Bids may be extended by mutual consent of the
respective Bidders and the Authority.

2.18 Confidentiality

Information relating to the examination, clarification, evaluation and

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

2.19 Correspondence with the Bidder

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

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 28
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

D. BID SECURITY

2.20 Bid Security

2.20.1 The Bidder shall furnish as part of its Bid, a part of Bid Security (being an amount of Rs.
500,000,000/- (Rupees Five Hundred Million only)) referred to in Clauses 2.1.6 and 2.1.7
hereinabove in the form of a bank guarantee issued by nationalised bank, or a Scheduled
Bank in India having a net worth of at least Rs. 1,000 crore (Rs. one thousand crore), in
favour of the Authority in the format at Appendix-II (the “Bank Guarantee”) and having a
validity period of not less than 150 (one hundred fifty) days from the Bid Due Date and a
claim period of 60 (sixty) days, and may be extended as may be mutually agreed between
the Authority and the Bidder from time to time. In case the Bank Guarantee is issued by
a foreign bank outside India, confirmation of the same by any nationalised bank in India
is required. For the avoidance of doubt, Scheduled Bank shall mean a bank as defined
under Section 2(e) of the Reserve Bank of India Act, 1934.

2.20.2 The aforesaid Bid Security amount can also be in the form of a demand draft issued by a
Scheduled Bank in India, drawn in favour of the Authority (in the name of Municipal
Commissioner, Pune Municipal Corporation) and payable at Pune (the “Demand Draft”).
The Authority shall not be liable to pay any interest on the Bid Security deposit so made
and the same shall be interest free.

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

2.20.4 Save and except as provided in Clauses 1.2.4 above, the Bid Security of unsuccessful
Bidders will be returned by the Authority, without any interest, as promptly as possible
on acceptance of the Bid of the Selected Bidder or when the Bidding process is cancelled
by the Authority, and in any case within 90 (ninety) days from the Bid Due Date. Where
Bid Security has been paid by Demand Draft, the refund thereof shall be in the form of an
account payee demand draft in favour of the unsuccessful Bidder(s). Bidders may by
specific instructions in writing to the Authority give the name and address of the person
in whose favour the said demand draft shall be drawn by the Authority for refund, failing
which it shall be drawn in the name of the Bidder and shall be mailed to the address given
on the Bid.

2.20.5 The Selected Bidder’s Bid Security will be returned, without any interest, upon the
Concessionaire signing the Concession Agreement and furnishing the Performance
Security in accordance with the provisions thereof. The Authority may, at the Selected
Bidder’s option, adjust the amount of Bid Security in the amount of Performance Security
to be provided by him in accordance with the provisions of the Concession Agreement.

2.20.6 The Authority shall be entitled to forfeit and appropriate the Bid Security as Damages inter
alia in any of the events specified in Clause 2.20.7 herein below. The Bidder, by submitting
its Bid pursuant to this RFP, shall be deemed to have acknowledged and confirmed that
the Authority will suffer loss and damage on account of withdrawal of its Bid or for any
other default by the Bidder during the period of Bid validity as specified in this RFP. No
relaxation of any kind on Bid Security shall be given to any Bidder.

2.20.7 The Bid Security shall be forfeited as Damages without prejudice to any other right or
remedy that may be available to the Authority under the Bidding Documents and/or
under the Concession Agreement, or otherwise, under the following conditions:

a) If a Bidder submits a non-responsive Bid;

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 29
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Subject however that in the event of encashment of Bid Security occurring due to
operation of para 2.20.7 (a), the Damage so claimed by the Authority shall be
restricted to 5% of the value of the Bid Security.

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

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

c) If a Bidder withdraws its Bid during the period of Bid validity as specified in this RFP
and as extended by mutual consent of the respective Bidder(s) and the Authority;

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

i) to sign and return the duplicate copy of LOA;

ii) to sign the Concession Agreement; or
iii) to furnish the Performance Security within the period prescribed therefor in
the Concession Agreement; or

e) In case the Selected Bidder, having signed the Concession Agreement, commits
any breach thereof prior to furnishing the Performance Security.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 30
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

SECTION-3

EVALUATION OF TECHNICAL BIDS AND OPENING &

EVALUATION OF FINANCIAL BIDS

3.1 Opening and Evaluation of Technical Bids

3.1.1 The Authority shall open the Technical Bids received at 1500 hours IST on 14.06.2019, at
the place specified in Clause 2.11.4 and in the presence of the Bidders who choose to
attend.

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

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

3.2 Tests of responsiveness

3.2.1 As a first step towards evaluation of Technical Bids, the Authority shall determine whether
each Technical Bid is responsive to the requirements of this RFP. A Technical Bid shall be
considered responsive only if:

(a) Technical Bid is received online as per the format at Appendix-IA including
Annexure I to V;

(b) Documents listed at clause 2.11.2 are received physically;

(c) Technical Bid is accompanied by the Bid Security as specified in Clause 2.1.6 and
2.1.7;

(d) Technical Bid is accompanied by the Power of Attorney as specified in Clauses

2.1.8;

(e) Technical Bid is accompanied by Power of Attorney for Lead Member of

Consortium and the Joint Bidding Agreement as specified in Clause 2.1.9, if so
required;

(f) Technical Bid contain all the information (complete in all respects);

(g) Technical Bid does not contain any condition or qualification;

(h) Integrity Pact as per format given in Appendix VI has been submitted by the
Bidder with the RFP Bid duly signed by Authorised signatory;

(i) Technical Bid contains receipt confirming payment of Rs. 590,179/- Rupees Five
Hundred Ninety Thousand and One Hundred Seventy Nine only) towards cost of
Bid document in the PMC account through the payment gateway system of Pune
Municipal Corporation;

(j) it is not non-responsive in terms hereof.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 31
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

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

3.3 Evaluation parameters

3.3.1 Only those Bidders who meet the eligibility criteria specified in Clause 2.2.2 above shall
qualify for evaluation under this Section 3. Bids of firms / consortia who do not meet these
criteria shall be rejected.

3.3.2 A Bidder’s competence and capability is proposed to be established by the following

parameters:

(a) Technical Capacity; and

(b) Financial Capacity

3.4 Technical Capacity for purposes of evaluation

3.4.1 Subject to the provisions of Clause 2.2, the following categories of experience would
qualify as Technical Capacity and eligible experience (the "Eligible Experience") in relation
to eligible projects as stipulated in Clauses 3.4.3 and 3.4.4 (the "Eligible Projects"):

Category 1: Project experience on Eligible Projects in highways sector that qualify under
Clause 3.4.3

Category 2: Project experience on Eligible Projects in core sector that qualify under Clause
3.4.3

Category 3: Construction experience on Eligible Projects in highways sector that qualify

under Clause 3.4.4

Category 4: Construction experience on Eligible Projects in core sector that qualify under
Clause 3.4.4

For the purpose of this RFP:

(a) highways sector would be deemed to include highways, expressways, bridges, ring
roads, metro rail viaduct, major arterial roads, tunnels and airfields; and

(b) core sector would be deemed to include power, telecom, ports, airports, railways,
industrial parks/ estates, logistic parks, pipelines, irrigation, water supply, sewerage and
real estate development9.

3.4.2 Eligible Experience in respect of each category shall be measured only for Eligible Projects.

3.4.3 For a project to qualify as an Eligible Project under Categories 1:

(a) It should have been undertaken as a PPP project on BOT, BOLT, BOO, BOOT, HAM
or other similar basis for providing its output or services to a public sector entity
or for providing non-discriminatory access to users in pursuance of its charter,
concession or contract, as the case may be. For the avoidance of doubt, a project

9
Real estate development shall not include residential flats unless they form part of a real estate complex or
township which has been built by the Applicant
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 32
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

which constitutes a natural monopoly such as an airport or port should normally

be included in this category even if it is not based on a long-term agreement with
a public entity;

(b) the entity claiming experience should have held, in the company owing the
Eligible Project, a minimum of 26% (twenty six per cent) equity during the entire
year for which Eligible Experience is being claimed;

(c) the capital cost of the project should be more than Rs. 2,600,000,000/- (Rupees
Two Billion Six Hundred Million only); and

(d) the entity claiming experience shall, during the last 5 (five) financial years
preceding the Bid Due Date, have (i) paid for development of the project
(excluding the cost of land), and/ or (ii) collected and appropriated the revenues
from users availing of non-discriminatory access to or use of fixed project assets,
such as revenues from highways, airports, ports and railway infrastructure, but
shall not include revenues from sale or provision of goods or services such as
electricity, gas, petroleum products telecommunications or fare/freight revenues
and other incomes of the company owning the Project and/or (iii) received
Annuities from the concerned Authority (in case of HAM or BOT (Annuity)
Projects).

3.4.4 For a project to qualify as an Eligible Project under Categories 2, the Bidder should have
paid for execution of its construction works or received payments from its client(s) for
construction works executed, fully or partially, during the 5 (five) financial years
immediately preceding the Bid Due Date, and only the payments (gross) actually made or
received, as the case may be, during such 5 (five) financial years shall qualify for purposes
of computing the Experience Score. However, payments/receipts of less than Rs.
2,600,000,000/- (Rupees Two Billion Six Hundred Million only); shall not be reckoned as
payments/receipts for Eligible Projects. For the avoidance of doubt, construction works
shall not include supply of goods or equipment except when such goods or equipment
form part of a turn-key construction contract/ EPC contract for the project. Further, the
cost of land shall not be included hereunder.

3.4.5 The Bidders shall quote experience in respect of a particular Eligible Project under any one
category only, even though the Bidder (either individually or along with a member of the
Consortium) may have played multiple roles in the cited project. Double counting for a
particular Eligible Project shall not be permitted in any form.

3.4.6 A Bidder’s experience shall be measured and stated in terms of a score (the "Experience
Score"). The Experience Score for an Eligible Project in a given category would be the
eligible payments and/or receipts specified in Clause 2.2.2 (A), divided by one million and
then multiplied by the applicable factor in Table 3.4.6 below. In case the Bidder has
experience across different categories, the score for each category would be computed
as above and then aggregated to arrive at its Experience Score.

Table 3.4.6: Factors for Experience across categories

Factor
Category 1 1.45
Category 2 1.0
Category 3 1.0
Category 4 0.70

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 33
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

3.4.7 The Experience Score determined in accordance with Clause 3.4.6 in respect of an Eligible
Project situated in a developed country which is a member of OECD shall be further
multiplied by a factor of 0.5 (zero point five) and the product thereof shall be the
Experience Score for such Eligible Project.

3.4.8 Experience for any activity relating to an Eligible Project shall not be claimed by two or
more Members of the Consortium. In other words, no double counting by a Consortium
in respect of the same experience shall be permitted in any manner whatsoever.

3.4.9 (a) The Experience Score of the Bidder shall be computed as a weighted average of the
Experience Score of a member and its proposed equity stake (%) in the Consortium,

(b) Similarly, the Financial Score of the Bidder shall be computed as a weighted average
of the Financial Score of a member and its proposed equity stake (%) in the
Consortium,

Provided that the financial strength or the experience score taken into assessment will be
only of those who contribute a minimum 26% share to the Consortium.

Illustration:

For illustration and avoidance of any doubts, the following method is placed in
clarification:

If Company A (Net-Worth: Rs 1000 million) & Company B (Net-Worth: Rs 500 million) in a

Consortium with shareholding of A as 60% and B as 40% then the Weighted Financial Score
of the Consortium shall be:

For Weighted Financial Score

1000 X 60% + 500 X 40% = 800 million

For Weighted Experience Score

If Company A has been assessed to have an Experience Score of 1000 and Company B has
been assessed to have an Experience Score of 500, in a Consortium with shareholding of A
as 60% and B as 40%, then the Weighted Experience Score of the Consortium shall be

1000 X 60% + 500 X 40% = 800

3.5 Details of Experience

3.5.1 The Bidders should furnish the details of Eligible Experience for the last 5 (five) financial
years immediately preceding the Bid Due Date.

3.5.2 The Bidders must provide the necessary information relating to Technical Capacity as per
format at Annex-II of Appendix-IA.

3.5.3 The Bidders should furnish the required Project-specific information and evidence in
support of its claim of Technical Capacity, as per format at Annex-IV of Appendix-I.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 34
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

3.6 Financial information for purposes of evaluation

3.6.1 The Bids must be accompanied by the Audited Annual Reports of the Bidder (of each
Member in case of a Consortium) for the last 5 (five) financial years, preceding the year
in which the Bid is made.

3.6.2 In case the annual accounts for the latest financial year are not audited and therefore the
Bidder cannot make the same available, the Bidder shall give an undertaking to this effect
and the statutory auditor shall certify the same. In such a case, the Bidder shall provide
the Audited Annual Reports for 5 (five) years preceding the year for which the Audited
Annual Report is not being provided.

3.6.3 The Bidder must establish the minimum Net Worth specified in Clause 2.2.2 (B), and
provide details as per format at Annex-III of Appendix-IA.

3.6.4 In case of foreign companies, a certificate from a qualified external auditor who audits the
book of accounts of the Bidder or the Consortium Member in the formats provided in the
country where the project has been executed shall be accepted, provided it contains all
the information as required in the prescribed format of the RFP.

3.7 Opening and Evaluation of Financial Bids

The Authority shall inform the venue and time of online opening of the Financial Bids to
the Technically responsive Bidders through e-procurement portal of PMC and e-mail. The
Authority shall online open the Financial Bids on date and time to be informed in this
clause in the presence of the authorised representatives of the Bidders who may choose
to attend. The Authority shall publicly announce the Premium offered or assessed Bid
Price, as the case may be, for each of the technically responsive Bidder. The Authority
shall prepare a record of opening of Financial Bids.

3.8 Selection of Bidder

3.8.1 Subject to the provisions of Clause 2.16.1, the Bidder whose Bid is adjudged as responsive
in terms of Clause 3.2 and who is the Highest Bidder shall be declared as the selected
Bidder (the “Selected Bidder”). In the event that the Authority rejects or annuls all the
Bids, it may, in its discretion, invite all Bidders to submit fresh Bids hereunder.

3.8.2 In the event that, the (a) Premium offered by two or more Bidders is the highest and same;
or (b) where no Premium has been offered, and the assessed Bid Price of two or more
Bidders is the lowest and same (the "Tie Bids"), the Authority shall identify the Selected
Bidder by draw of lots, which shall be conducted, with prior notice, in the presence of the
Tie Bidders who choose to attend.

3.8.3 In the event that the Highest Bidder withdraws or is not selected for any reason in the first
instance (the “first round of bidding”), the Authority may invite all the remaining Bidders
to revalidate or extend their respective Bid Security, as necessary, and match the Bid of
the aforesaid Highest Bidder (the “second round of bidding”). If in the second round of
bidding, only one Bidder matches the Highest Bidder, it shall be the Selected Bidder. If
two or more Bidders match the said Highest Bidder in the second round of bidding, then
the Bidder whose Bid was higher as compared to other Bidder(s) in the first round of
bidding shall be the Selected Bidder. For example, if the third and fifth highest Bidders in
the first round of bidding offer to match the said Highest Bidder in the second round of
bidding, the said third highest Bidder shall be the Selected Bidder.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 35
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

In the event that no Bidder offers to match the Highest Bidder in the second round of
bidding as specified above, the Authority may, in its discretion, invite fresh Bids (the “third
round of bidding”) from all Bidders except the Highest Bidder of the first round of bidding,
or annul the Bidding Process, as the case may be. In case the Bidders are invited in the
third round of bidding to revalidate or extend their Bid Security, as necessary, and offer
fresh Bids, they shall be eligible for submission of fresh Bids provided, however, that in
such third round of bidding only such Bids shall be eligible for consideration which are
higher than the Bid of the second highest Bidder in the first round of bidding.

3.8.4 After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by the Authority
to the Selected Bidder and the Selected Bidder shall, within 7 (seven)days of the receipt
of the LOA, sign and return the duplicate copy of the LOA in acknowledgement thereof.
In the event the duplicate copy of the LOA duly signed by the Selected Bidder is not
received by the stipulated date, the Authority may, unless it consents to extension of time
for submission thereof, appropriate the Bid Security of such Bidder as Damages on
account of failure of the Selected Bidder to acknowledge the LOA.

3.8.5 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall cause the
Bidder to execute the Concession Agreement within the period prescribed in Clause 1.3.
The Selected Bidder shall not be entitled to seek any deviation, modification or
amendment in the Agreement.

3.9 Contacts during Bid Evaluation

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

3.10 Correspondence with Bidder

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

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

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

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 36
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

SECTION - 4

4. FRAUD AND CORRUPT PRACTICES

4.1 The Bidders and their respective officers, employees, agents and advisers shall observe
the highest standard of ethics during the Bidding Process and subsequent to the issue of
the LOA and during the subsistence of the Concession Agreement. Notwithstanding
anything to the contrary contained herein, or in the LOA or the Concession Agreement,
the Authority may reject a Bid, withdraw the LOA, or terminate the Concession
Agreement, as the case may be, without being liable in any manner whatsoever to the
Bidder, if it determines that the Bidder, directly or indirectly or through an agent, engaged
in corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice in the Bidding Process. In such an event, the Authority shall be entitled
to forfeit and appropriate the Bid Security or Performance Security, as the case may be,
as Damages, without prejudice to any other right or remedy that may be available to the
Authority under the Bidding Documents and/ or the Concession Agreement, or otherwise.

4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the
rights and remedies which the Authority may have under the LOA or the Concession
Agreement, or otherwise if a Bidder or Contractor, as the case may be, is found by the
Authority to have directly or indirectly or through an agent, engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice during the Bidding Process, or after the issue of the LOA or the execution of the
Concession Agreement, such Bidder, at the sole and absolute discretion of the Authority,
shall not be eligible to participate in any tender or RFP issued by the Authority during a
period of 2 (two) years from the date such Bidder, or Contractor, as the case may be, is
found by the Authority to have directly or indirectly or through an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practices, as the case may be.

4.3 For the purposes of this Section 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 Agreement or
arising therefrom, before or after the execution thereof, at any time prior to the
expiry of one year from the date such official resigns or retires from or otherwise
ceases to be in the service of the Authority, shall be deemed to constitute influencing
the actions of a person connected with the Bidding Process); or (ii) save and except
as permitted under the Clause 2.2.1(d) of this RFP, engaging in any manner
whatsoever, whether during the Bidding Process or after the issue of the LOA or after
the execution of the Agreement, as the case may be, any person in respect of any
matter relating to the Project or the LOA or the Concession Agreement, who at any
time has been or is a legal, financial or technical adviser of the Authority 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;

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 37
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

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

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

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

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

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

4.4 The Model Agreement for Integrity Pact (IP), (format given in Appendix VI) shall be
submitted by the Bidder along with the Bid duly signed by the Authorised signatory of the
Bidder and shall be deemed to be a part of the Concession Agreement.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 38
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

SECTION-5

5. PRE-BID CONFERENCE

5.1 Pre-Bid conference of the Bidders shall be convened at the designated date, time and
place. A maximum of two representatives of prospective Bidders shall be allowed to
participate on production of authority letter from the Bidder.

5.2 During the course of Pre-Bid conference(s), the Bidders will be free to seek clarifications
and make suggestions for consideration of the Authority. The Authority shall endeavour
to provide clarifications and such further information as it may, in its sole discretion,
consider appropriate for facilitating a fair, transparent and competitive Bidding Process.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 39
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

SECTION-6

MISCELLANEOUS

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

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

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

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

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

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

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

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 40
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

APPENDIX IA

LETTER COMPRISING THE TECHNICAL BID

(Refer Clause 2.1.5, 2.11 and 3.2)

CHIEF ENGINEER, ROAD DEPARTMENT

PMC BUILDING, SHIVAJI NAGAR
NEAR MANGLA THEATRE
PUNE - 411005

Sub: BID for the Construction of High Capacity Mass Transit Route (HCMTR) Project - an
Elevated Six Lane Ring Road connecting Bopodi-Pune University Junction- Paud Road –
Satara Road – Kondhwa Road – Sholapur Road – Nagar Road - Vishrantwadi in Pune City
on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and
Transfer (the "DBFOT") basis.

Dear Sir,

1. With reference to your RFP document dated 10 I/we, having examined the RFP document
and understood its contents, hereby submit my/our Bid for the aforesaid project. The Bid
is unconditional and unqualified.

2. I/ We acknowledge that the Authority will be relying on the information provided in the
Bid and the documents accompanying such Bid for selection of the Concessionaire for the
aforesaid Project, and we certify that all information provided in the Bid and in Annexes I
to IV is true and correct; nothing has been omitted which renders such information
misleading; and all documents accompanying such Bid are true copies of their respective
originals.

3. This statement is made for the express purpose of our selection as a Concessionaire for
the development, construction, operation and maintenance of the aforesaid Project.

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

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

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

7. I/ We declare that:

(a) I/ We have examined and have no reservations to the RFP document, including
any Addendum issued by the Authority.

10 All blank spaces shall be suitably filled up by the Bidder to reflect the particulars relating to such Bidder.
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 41
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

(b) I/ We do not have any conflict of interest in accordance with Clauses 2.2.1(c)
and 2.2.1(d) of the RFP document; and

(c) I/We have not directly or indirectly or through an agent engaged or indulged in
any corrupt practice, fraudulent practice, coercive practice, undesirable practice
or restrictive practice, as defined in Clause 4.3 of the RFP document, in respect of
any tender or request for proposal issued by or any agreement entered into with
the Authority or any other public sector enterprise or any government, Central or
State; and

(d) I/ We hereby certify that we have taken steps to ensure that in conformity with
the provisions of Section 4 of the RFP document, no person acting for us or on our
behalf has engaged or will engage in any corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practice.

8. I/ We understand that you may cancel the Bidding Process at any time and that you are
neither bound to accept any Bid that you may receive nor to invite the Bidders to Bid for
the Project, without incurring any liability to the Bidders, in accordance with Clause 2.16.2
of the RFP document.

9. I/ We believe that we/ our Consortium/ proposed Consortium satisfy(ies) the Net Worth
criteria and meet(s) all the requirements as specified in the RFP document.

10. I/ We declare that we/ any Member of the Consortium, or our/ its Associates are not a
Member of a/ any other Consortium submitting a Bid for this Project.

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

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

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

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

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

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

(a) The Statement of Legal Capacity as per format provided at Annex-V in Appendix-
IA of the RFP document, and duly signed, is enclosed. The Power Of Attorney For

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 42
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Signing of Bid and the Power of Attorney for Lead Member of Consortium, as per
format provided at Appendix III and IV respectively of the RFP, are also enclosed.

(b) I/We hereby confirm that we [are in compliance of/ shall comply with] the O&M
requirements specified in Clause 2.2.3.

16. I/We acknowledge and undertake that our Consortium is qualified on the basis of
Technical Capacity and Financial Capacity of those of its Members who shall, for the
period of 2 (two) years from the date of commercial operation of the Project, hold equity
share capital not less than: (i) 26% (twenty six percent) of the subscribed and paid up
equity of the Concessionaire; and (ii) 5% (five percent) of the Total Project Cost specified
in the Concession Agreement. We further agree and acknowledge that the aforesaid
obligation shall be in addition to the obligations contained in the Concession Agreement
in respect of Change in Ownership.

17. I/We acknowledge and agree that in the event of a change in control of an Associate
whose Technical Capacity and/ or Financial Capacity shall be taken into consideration for
the purposes of selection as Concessionaire under and in accordance with the RFP, I/We
shall inform the Authority forthwith along with all relevant particulars and the Authority
may, in its sole discretion, disqualify our Consortium or withdraw the Letter of Award, as
the case may be. I/We further acknowledge and agree that in the event such change in
control occurs after signing of the Concession Agreement but prior to Financial Close of
the Project, it would, notwithstanding anything to the contrary contained in the
Agreement, be deemed a breach thereof, and the Concession Agreement shall be liable
to be terminated without the Authority being liable to us in any manner whatsoever.

18. I/ We understand that the Selected Bidder shall either be an existing Company
incorporated under the Indian Companies Act, 1956/2013, or shall incorporate as such
prior to execution of the Concession Agreement.

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

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

21. I/We have studied all the Bidding Documents carefully and also surveyed the project
highway. We understand that except to the extent as expressly set forth in the Concession
Agreement, we shall have no claim, right or title arising out of any documents or
information provided to us by the Authority or in respect of any matter arising out of or
relating to the Bidding Process including the award of Concession.

22. I/We offer a Bid Security of Rs. 500,100,000/- (Rupees Five Hundred Million and One
Hundred Thousand only) to the Authority in accordance with the RFP Document.

23. The Bid Security (which is required to be in form of demand draft or bank guarantee) in
the form of a Demand Draft/ Bank Guarantee (strikeout whichever is not applicable) is
attached. The balance Bid Security amount has been paid in the PMC account through the
payment gateway system of Pune Municipal Corporation.
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 43
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

24. The documents accompanying the Technical Bid, as specified in Clause 2.11.2 of the RFP,
have been submitted in a separate envelope and marked as “Enclosures of the Bid”.

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

26. The Bid Project Cost has been quoted by me/us after taking into consideration all the
terms and conditions stated in the RFP, draft Concession Agreement, our own estimates
of costs and after a careful assessment of the site and all the conditions that may affect
the Project cost and implementation of the Project.

27. I/ We agree and undertake to abide by all the terms and conditions of the RFP document.

28. {We, the Consortium Members agree and undertake to be jointly and severally liable for
all the obligations of the Concessionaire under the Concession Agreement till occurrence
of Financial Close in accordance with the Concession Agreement.}

29. I/ We certify that in terms of the RFP, my/our Net worth / Financial Score is Rs. ………………..
(Rs. in words) and Threshold Technical Capability / Experience Score is ……………………..
(number in words).

30. I/We shall keep this offer valid for 150 (one hundred and fifty) days from the Bid Due Date
specified in the RFP.

31. I/ We hereby submit our Bid as indicated in Financial Bid for undertaking the aforesaid
Project in accordance with the Bidding Documents and the Concession Agreement

32(a) The EPC contractor/s who would be executing EPC works of the Project are …………,…………,
………….and it is confirmed that these contractors meet the minimum criterion set out in
our RFP for this Project.

(b) It is irrevocably agreed that the value of any contract for the EPC works awarded shall
not be less than 20% of the TPC or Rs. 5000 million, whichever is less.

(c) It is also agreed that any change of EPC contractor(s) would with be prior written approval
of the Authority. We agree that the Authority shall grant such permission only and only if
the substitute proposed is of the required technical capability as applicable.

In witness thereof, I/we submit this Bid under and in accordance with the terms of the RFP
document.

Yours faithfully,

Date:

(Signature of the Authorised signatory)

Place:

(Name and designation of the of the Authorised signatory)

Name and seal of Bidder/Lead Member

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 44
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Note: Paragraphs in curly parenthesis may be omitted by the Bidders, if not applicable to it,
or modified as necessary to reflect Bidder-specific particulars.

APPENDIX - IB

LETTER COMPRISING THE FINANCIAL BID

(Refer Clauses 2.1.5, 2.11.1 and 3.2)

(NOT TO BE SUBMITTED IN THE TECHINCAL BID)

CHIEF ENGINEER, ROAD DEPARTMENT

PMC BUILDING, SHIVAJI NAGAR
NEAR MANGLA THEATRE
PUNE - 411005

Dated:

Sub: BID for the Construction of High Capacity Mass Transit Route (HCMTR) Project - an
Elevated Six Lane Ring Road connecting Bopodi-Pune University Junction- Paud Road –
Satara Road – Kondhwa Road – Sholapur Road – Nagar Road - Vishrantwadi in Pune City
on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and
Transfer (the "DBFOT") basis.

Dear Sir,

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

2. I/ We acknowledge that the Authority will be relying on the information provided in the Bid
and the documents accompanying the Bid for selection of the Concessionaire for the aforesaid
Project, and we certify that all information provided in the Bid are true and correct; nothing
has been omitted which renders such information misleading; and all documents
accompanying the Bid are true copies of their respective originals.

3. The Bid has been quoted by me/us after taking into consideration all the terms and conditions
stated in the RFP, Draft Concession Agreement and its Schedules, our own estimates of costs
and after a careful assessment of the site and all own the conditions that may affect the
Project cost and implementation of the Project.

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

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

6. I/ We shall keep this offer valid for 150 (one hundred and fifty) days from the Bid Due Date
specified in the RFP.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 45
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

7. {I/ We hereby submit our Bid consisting of Bid Project Cost11 of Rs. ......................................
(Rs ......................................................................................... in words) and First Year O&M
Cost12of Rs. .....................................(Rs..................................................................... in words)
for undertaking the aforesaid Project in accordance with the Bidding Documents and the
Concession Agreement or

8. I/ We hereby submit our Bid consisting of upfront Premium of Rs.

......................................(Rs ......................................................................................... in words).
for undertaking the aforesaid Project in accordance with the Bidding Documents and the
Concession Agreement (Note: Premium cannot be negative number)}

Yours faithfully,

Date: (Signature, name and designation of the

Place: Authorised Signatory)

Name & seal of Bidder/Lead Member:..........

Class III DSC ID of Authorised Signatory :.............

11Bid Project Cost is the project cost as assessed by the Bidder as on the Bid Due Date
12First Year O&M Cost is the O&M cost assessed by the Bidder for first full year of O&M after COD, as on the Bid Due Date
and the Concessionaire should consider all costs including major maintenance while quoting the first year O&M costs. The
O&M Cost shall be paid to the Concessionaire in each year of the O&M Period in accordance with the provision of the
Concession Agreement.
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 46
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Appendix IA
Annex-I

Details of Bidder
1. Name:

2. Country of incorporation:

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

4. Date of incorporation and/ or commencement of business:

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

6. Details of individual(s) who will serve as the point of contact/ communication for the
Authority:

a. Name:

b. Designation:

c. Company:

d. Address:

e. Telephone Number:

f. E-Mail Address:

g. Fax Number:

7. Particulars of the Authorised Signatory of the Bidder:

a. Name:

b. Designation:

c. Address:

d. Phone Number:

e. Fax Number:

8. In case of a Consortium:

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

b. A copy of the Joint Bidding Agreement, as envisaged in Clause 2.1.15 (g) should be
attached to the Bid.

c. Information regarding the role of each Member should be provided as per table
below:
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 47
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Sl. Name of Member Role* Percentage of equity in the

No. {Refer Clause Consortium {Refer Clauses
2.1.15(d)}13 2.1.15(a), (c) & (g)}
1.

2.

3.

4.

* The role of each Member, as may be determined by the Bidder, should be indicated
in accordance with instruction 4 at Annex-IV.

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

Name of Bidder/ member of Consortium:

No. Criteria Yes No

1. Has the Bidder/ constituent of the Consortium been barred14 by

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

2. If the answer to 1 is yes, does the bar subsist as on the date of

Bid

3. Has the Bidder/ constituent of the Consortium paid liquidated

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

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

13 All provisions contained in curly parenthesis shall be suitably modified by the Bidder to reflect the particulars relating to
such Bidder.
14 or has been declared by the Authority as non performer/blacklisted.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 48
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Appendix IA
Annex-II
ANNEX-II
Technical Capacity of the
Bidder@
(Refer to Clauses 2.2.2(A), 3.4 and 3.5 of the RFP)

Experienc
Bidder type Proposed Member Project Cate- Experience¥ e
# Equity Code* Code** gory$ (Equivalent Rs. million)$$ Score£
Shareholdi
n Payments Payments Revenues
g in made/ made for appropriated
Consortium received for developmen from Eligible
(%) construction t of Eligible Projects in
of Eligible Projects in Categories 1
Projects in Categories 1 and 2
Categories 3 and 2
and 4
(1) (2) (3) (4) (5) (6) (7) (8) (9)
Single A
entity B
C
Bidder
D
Consortium 1a
Member 1 1b
1c
1d
Consortium 2a
Member 2 2b
2c
2d
Consortium 3a
Member 3 3b
3c
3d
Consortium 4a
Member 4 4b
4c
4d
Aggregate Experience Score
=

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 49
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Appendix IA

Annex-II
@
Provide details of only those projects that have been undertaken by the Bidder under its own
name and/ or by an Associate specified in Clause 2.1.18 and/ or by a project company eligible
under Clause 3.4.3(b). In case of Categories 1 and 2, include only those projects which have an
estimated capital cost exceeding the amount specified in Clause 3.4.3(c) and for Categories 3
and 4, include only those projects where the payments made/received exceed the amount
specified in Clause 3.4.4. In case the Bid Due Date falls within 3 (three) months of the close of
the latest financial year, refer to Clause 2.1.21.
#
A Bidder consisting of a single entity should fill in details as per the row titled Single entity Bidder
and ignore the rows titled Consortium Member. In case of a Consortium, the row titled Single
entity Bidder may be ignored. In case credit is claimed for an

Associate, necessary evidence to establish the relationship of the Bidder with such Associate,
in terms of Clause 2.1.18, shall be provided.

* Member Code shall indicate NA for Not Applicable in case of a single entity Bidder. For other
Members, the following abbreviations are suggested viz. LM means Lead Member, TM means
Technical Member, FM means Financial Member, OMM means Operation & Maintenance
Member, OM means Other Member.

** Refer Annex-IV of this Appendix-IA. Add more rows if necessary.

$
Refer Clause 3.4.1.

¥ In the case of Eligible Projects in Categories 1 and 2, the figures in columns 7 and 8 may be
added for computing the Experience Score of the respective projects. In the case of Categories
3 and 4, construction shall not include supply of goods or equipment except when such goods
or equipment form part of a turn-key construction contract/ EPC contract for the project. In no
case shall the cost of land be included while computing the Experience Score of an Eligible
Project.
$$
For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees 71 (seventy one)
to a US Dollar. In case of any other currency, the same shall first be converted to US Dollars as
on the date 60 (sixty) days prior to the Bid Due Date, and the amount so derived in US Dollars
shall be converted into Rupees at the aforesaid rate. The conversion rate of such currencies
shall be the daily representative exchange rates published by the International Monetary Fund
for the relevant date.
£
Divide the amount in the Experience column by one million and then multiply the result thereof
by the applicable factor set out in Table 3.4.6 and in case of a Consortium, further multiply the
result thereof by the proposed equity shareholding of the applicable Member, to arrive at the
Experience Score for each Eligible Project. In the case of an Eligible Project situated in an OECD
country, the Experience Score so arrived at shall be further multiplied by 0.5, in accordance with
the provisions of Clause 3.4.7, and the product thereof shall be the Experience Score for such
Eligible Projects. Above all, the sum total of columns 6, 7 and 8, as the case may be, in respect
of each Eligible Project shall be restricted to a ceiling equivalent to the Estimated Project Cost,
as specified in Clause 3.4.8.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 50
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Appendix IA

Annex-III

ANNEX-III

Financial Capacity of the Bidder

(Refer to Clauses 2.2.2(B), 2.2.4 (ii) and 3.6 of the RFP)

(In Rs. million$$)

Bidder type Member Proposed Equity Net Cash Accruals Net
$ Code£ Shareholding in Worth€ Financial
Score
(Refer para
Consortium (%) Year Year Year Year Year Year 3.4.9)
1 2 3 4 5 1
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Single entity
Bidder

Consortium
Member 1

Consortium
Member 2

Consortium
Member 3

Consortium
Member 4

TOTAL

Name & address of Bidder’s Bankers:

$
A Bidder consisting of a single entity should fill in details as per the row titled Single
entity Bidder and ignore the rows titled Consortium Members. In case of a Consortium,
row titled Single entity Bidder may be ignored.
£
For Member Code, see instruction 4 at Annex-IV of this Appendix-IA.
€
The Bidder should provide details of its own Financial Capability or of an Associate
specified in Clause 2.1.18.
$$
For conversion of other currencies into rupees, see note below Annex-II of Appendix-
IA.
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 51
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Appendix IA

Annex-III
Instructions:

1. The Bidder/ its constituent Consortium Members shall attach copies of the balance
sheets, financial statements and Annual Reports for 5 (five) years preceding the Bid Due
Date. The financial statements shall:

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

(b) be audited by a statutory auditor;

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

(d) correspond to accounting periods already completed and audited (no

statements for partial periods shall be requested or accepted).

2. Net Cash Accruals shall mean Profit After Tax + Depreciation.

3. Net Worth shall mean aggregate value of the paid-up share capital and all reserves created
out of the profits and securities premium account, after deducting the aggregate value of
the accumulated loses, deferred expenditure and miscellaneous expenditure not written
off, as per the audited balance sheet, but does not include reserves created out of
revaluation of assets, write back of depreciation and amalgamation.

4. Year 1 will be the latest completed financial year, preceding the bidding. Year 2 shall be
the year immediately preceding Year 1 and so on. In case the Bid Due Date falls within 3
(three) months of the close of the latest financial year, refer to Clause 2.1.21.

5. In the case of a Consortium, a copy of the Jt. Bidding Agreement shall be submitted in
accordance with Clause 2.1.15 (g) of the RFP document.

6. The Bidder shall also provide the name and address of the Bankers to the Bidder.

7. The Bidder shall provide an Auditor’s Certificate specifying the Net Cash Accruals and Net
Worth of the Bidder and also specifying the methodology adopted for calculating such
Net Cash Accruals and Net Worth in accordance with Clause 2.2.4 (ii) of the RFP
document.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 52
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Appendix IA

Annex-IV

ANNEX-IV

Details of Eligible Projects

(Refer to Clauses 2.2.2(A), 3.4 and 3.5 of the RFP)

Project Code: Member Code:

Item Refer Particulars of the Project

Instruction
(1) (2) (3)

Title & nature of the project

Category 5

Year-wise (a) payments 6

received/ made for
construction, (b) payments
made for development of PPP
projects and/ or (c) revenues
appropriated

Entity for which the project 7

was constructed/ developed

Location

Project cost 8

Date of commencement of
project/ contract

Date of completion/ 9
commissioning
Equity shareholding 10
(with period during which
equity was held)

Whether credit is being taken 16

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

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 53
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

ANNEX-IV
Details of Eligible Projects
(Refer to proviso to Clauses 2.2.2(A) of the RFP)

Demonstrating construction experience using precast pre-stressed concrete (PSC) segmental box
girder construction technology. (Refer proviso to clause 2.2.2 (A)

Project Code: Member Code:

Item Refer Instruction Particulars of the Project
Title & nature of the project
Category 5
Year-wise length in kilometres
constructed using precast pre-stressed
concrete (PSC) segmental box girder
construction technology and aggregate
length.
Entity for which the project was
7
constructed/ developed
Location
Project cost
Date of commencement of project/
contract
Date of completion/ commissioning 9
Whether credit is being taken for the
Eligible Experience of an Associate (Yes/
No)

Certificate from the competent authority must be furnished certifying relevant details from the
above table.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 54
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Instructions:

1. Bidders are expected to provide information in respect of each Eligible Projects in this
Annex. The projects cited must comply with the eligibility criteria specified in Clause
3.4.3 and 3.4.4 of the RFP, as the case may be. Information provided in this section is
intended to serve as a backup for information provided in the Bid. Bidders should also
refer to the Instructions below.

2. For a single entity Bidder, the Project Codes would be a, b, c, d etc. In case the Bidder is a
Consortium then for Member 1, the Project Codes would be 1a, 1b, 1c, 1d etc., for
Member 2 the Project Codes shall be 2a, 2b, 2c, 2d etc., and so on.

3. A separate sheet should be filled for each Eligible Project.

4. Member Code shall indicate NA for Not Applicable in case of a single entity Bidder. For
other Members, the following abbreviations are suggested viz. LM means Lead Member,
TM means Technical Member, FM means Financial Member, OMM means Operation &
Maintenance Member; and OM means Other Member. In case the Eligible Project relates
to an Associate of the Bidder or its Member, write “Associate” along with Member Code.

5. Refer to Clause 3.4.1 of the RFP for category number.

6. The total payments received/ made and/or revenues appropriated for each Eligible
Project are to be stated in Annex-II of this Appendix-IA. The figures to be provided here
should indicate the break-up for the past 5 (five) financial years. Year 1 refers to the
financial year immediately preceding the Bid Due Date; Year 2 refers to the year before
Year 1, Year 3 refers to the year before Year 2, and so on (Refer Clause 2.1.21). For
Categories 1 and 2, expenditure on development of the project and/or revenues
appropriated, as the case may be, should be provided, but only in respect of projects
having an estimated capital cost exceeding the amount specified in Clause 3.4.3(c). In case
of Categories 3 and 4, payments made/ received only in respect of construction should
be provided, but only if the amount paid/received exceeds the minimum specified in
Clause 3.4.4. Payment for construction works should only include capital expenditure, and
should not include expenditure on repairs and maintenance.

7. In case of projects in Categories 1and 2, particulars such as name, address and contact
details of owner/ Authority/ Agency (i.e. concession grantor, counter party to PPA, etc.)
may be provided. In case of projects in Categories 3 and 4, similar particulars of the client
need to be provided.

8. Provide the estimated capital cost of Eligible Project. Refer to Clauses 3.4.3 and 3.4.4

9. For Categories 1 and 2, the date of commissioning of the project, upon completion, should
be indicated. In case of Categories 3 and 4, date of completion of construction should be
indicated. In the case of projects under construction, the likely date of completion or
commissioning, as the case may be, shall be indicated.

10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company owning the
Eligible Project, held continuously during the period for which Eligible Experience is
claimed, needs to be given (Refer Clause 3.4.3).

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 55
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

11. Experience for any activity relating to an Eligible Project shall not be claimed by two or
more Members of the Consortium. In other words, no double counting by a Consortium
in respect of the same experience shall be permitted in any manner whatsoever.

12. Certificate from the competent authority of the Client must be furnished for each Eligible
Project certifying Project details and completion date or likely date of completion of the
Project by the Bidder. This certificate shall be submitted along with the Statutory Auditor
Certificate mentioned below.

13. Certificate from the Bidder’s statutory auditor15 or its respective clients must be furnished
as per formats below for each Eligible Project. In jurisdictions that do not have statutory
auditors, the auditors who audit the annual accounts of the Bidder/ Member/Associate
may provide the requisite certification.

14. If the Bidder is claiming experience under Categories 1 & 216, it should provide a
certificate from its statutory auditor in the format below:

Certificate from the Statutory Auditor regarding PPP projects17

Based on its books of accounts and other published information authenticated by it, this is to
certify that …………………….. (name of the Bidder/Member/Associate) is/ was an

equity shareholder in ……………….. (title of the project company) and holds/held Rs. ………

million . (Rupees ………………………….. million ) of equity (which constitutes ……..%18 of the total
paid up and subscribed equity capital) of the project company from …………... (date) to

…………….. (date)19. The project was/is likely to be commissioned on ……………. (date of

commissioning of the project).

We further certify that the total estimated capital cost of the project is Rs. ……… million.

(Rupees …………………million ), of which Rs. ……… million . (Rupees …………… million ) of capital

expenditure was incurred during the past five financial years as per year-wise details noted
below:

………………………

………………………

15 In case duly certified audited annual financial statements containing the requisite details are provided, a separate
certification by statutory auditors would not be necessary.
16 Refer Clause 3.4.1 of the RFP.
17 Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory auditor

means the entity that audits and certifies the annual accounts of the company.
18 Refer instruction no. 10 in this Annex-IV.
19 In case the project is owned by the Bidder company, this language may be suitably modified to read: “It is certified that

…………….. (name of Bidder) constructed and/ or owned the ………….. (name of project) from ……………….. (date) to
………………… (date).”
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 56
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

We also certify that the eligible annual revenues collected and appropriated by the aforesaid
project company in terms of Clauses 3.4.1 and 3.4.3 (d) of the RFP during the past five financial
years were Rs. ……… million as per year-wise details noted below:

………………………

………………………

Name of the audit firm:

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

14. If the Bidder is claiming experience under Category 3 & 420, it should provide a
certificate from its statutory auditors or the client in the format below:]

Certificate from the Statutory Auditor/ Client regarding construction works21

Based on its books of accounts and other published information authenticated by it, {this is
to certify that …………………….. (name of the Bidder/Member/Associate) was engaged by
……………….. (title of the project company) to execute ……………… (name of project) for
…………………. (nature of project)}22. The construction of the project commenced on
………….. (date) and the project was/ is likely to be commissioned on___________(date, if
any). It is certified that ……………. (name of the Bidder/ Member/ Associate) received/paid Rs.
……….. million . (Rupees …………………………… million ) by way of payment for the aforesaid
construction works.

We further certify that the total estimated capital cost of the project is Rs. …… million . (Rupees
…………………million ), of which the Bidder/Member/Associate received/paid Rs. ……… million .
(Rupees ……………………… million), in terms of Clauses 3.4.1 and 3.4.4 of the RFP, during the
past five financial years as per year-wise details noted below:

………………………

………………………

{It is further certified that the payments/ receipts indicated above are restricted to the

share of the Bidder who undertook these works as a partner or a member of joint venture/
Consortium.}23

20 Refer Clauses 3.4.1 and 3.4.4 of the RFP.

21 Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory auditor
means the entity that audits and certifies the annual accounts of the company.
22 In case the Bidder owned the Eligible Project and engaged a contractor for undertaking the construction works, this

language may be modified to read: “ this is to certify that …………… (name of Bidder/ Member/ Associate) held 26% or more
of the paid up and subscribed share capital in the……………. (name of Project company) when it undertook construction of
the ………………. (name of Project) through………………… (name of the contractor).
23 This certification should only be provided in case of jobs/ contracts, which are executed as part of a partnership/ joint

venture/ consortium. The payments indicated in the certificate should be restricted to the share of Bidder in such
partnership/ joint venture/ consortium. This portion may be omitted if the contract did not involve a partnership/ joint
venture/ consortium. In case where work is not executed by partnership/ joint venture/ consortium, this paragraph may be
deleted.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 57
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Name of the audit firm:

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

Date:

15. In the event that credit is being taken for the Eligible Experience of an Associate, as
defined in Clause 2.1.18, the Bidder should also provide a certificate in the format below:

Certificate from Statutory Auditor/ Company Secretary regarding Associate24

Based on the authenticated record of the Company, this is to certify that more than 50% (fifty
per cent) of the subscribed and paid up voting equity of ……………… (name of the
Associate) is held, directly or indirectly25, by ……………….. (name of Bidder / Consortium
Member). By virtue of the aforesaid share-holding, the latter exercises control over the former,
who is an Associate in terms of Clause 2.1.18 of the RFP.

A brief description of the said equity held, directly or indirectly, is given below:

{Describe the share-holding of the Bidder/ Consortium Member in the Associate}

Name of the audit firm:

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

16. It may be noted that in the absence of any detail in the above certificates, the information
would be considered inadequate and could lead to exclusion of the relevant project in
computation of Experience Score26.

24 In the event that the Bidder/ Consortium Member exercises control oven an Associate by operation of law, this
certificate may be suitably modified and copies of the relevant law may be enclosed and referred to.
25 In the case of indirect share-holding, the intervening companies in the chain of ownership should also be Associates i.e.,

the share-holding in each such company should be more than 50% in order to establish that the chain of “control” is not
broken.
26 Refer Clause 3.4.6 of the RFP

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 58
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

APPENDIX-IA
ANNEX-V
Statement of Legal Capacity

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

Ref. Date:

To,

CHIEF ENGINEER, ROADS DEPARTMENT

PMC BUILDING, SHIVAJI NAGAR
NEAR MANGLA THEATRE
PUNE - 411005

Dear Sir,

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

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

We have agreed that ………………….. (insert individual’s name) will act as

our representative/ will act as the representative of the Consortium on its behalf* and has been duly
authorized to submit the RFP. Further, the authorised signatory is vested with requisite powers to
furnish such letter and authenticate the same.

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

*Please strike out whichever is not applicable.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 59
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

APPENDIX-IA

Annexure VI
Guidelines of the Department of Disinvestment
(Refer Clause1.2.1)

No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi.

Dated 13th July, 2001.

OFFICE MEMORANDUM

Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector Enterprises
through the process of disinvestment

Government has examined the issue of framing comprehensive and transparent

guidelines defining the criteria for bidders interested in PSE-disinvestment so that the parties
selected through competitive bidding could inspire public confidence. Earlier, criteria like net
worth, experience etc. used to be prescribed. Based on experience and in consultation with
concerned departments, Government has decided to prescribe the following additional criteria
for the qualification/ disqualification of the parties seeking to acquire stakes in public sector
enterprises through disinvestment:

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

(b) In regard to matters relating to the security and integrity of the country, any charge-sheet
by an agency of the Government/ conviction by a Court of Law for an offence committed
by the bidding party or by any sister concern of the bidding party would result in
disqualification. The decision in regard to the relationship between the sister concerns
would be taken, based on the relevant facts and after examining whether the two
concerns are substantially controlled by the same person/ persons.

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

(d) Any entity, which is disqualified from participating in the disinvestment process, would not
be allowed to remain associated with it or get associated merely because it has preferred
an appeal against the order based on which it has been disqualified. The mere pendency
of appeal will have no effect on the disqualification.

(e) The disqualification criteria would come into effect immediately and would apply to all
bidders for various disinvestment transactions, which have not been completed as yet.
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 60
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

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

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

sd/-
(A.K. Tewari)

Under Secretary to the Government of India

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 61
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

APPENDIX – II

Bank Guarantee for Bid Security

(Refer Clauses 2.1.6 and 2.20.1)
(To be executed on Stamp paper of appropriate value)

B.G. No. Dated:

1. In consideration of you, PUNE MUNICIPAL CORPORATION, having its office at , PMC BUILDING,
SHIVAJI NAGAR, NEAR MANGLA THEATRE, PUNE - 411005, (hereinafter referred to as the
“Authority”, which expression shall unless it be repugnant to the subject or context thereof
include its, successors and assigns) having agreed to receive the Bid of __________ (a
Company registered under Companies Act, 1956/2013) and having its registered office at
……………… (and acting on behalf of its Consortium) (hereinafter referred to as the “Bidder”
which expression shall unless it be repugnant to the subject or context thereof include its/
their executors administrators, successors and assigns), for the Construction of High Capacity
Mass Transit Route (HCMTR) Project - an Elevated Six Lane Ring Road connecting Bopodi-
Pune University Junction- Paud Road – Satara Road – Kondhwa Road – Sholapur Road –
Nagar Road - Vishrantwadi in Pune City on Hybrid (Annuity) Mode (the “HAM”) basis or
Design, Build, Finance, Operate and Transfer (the "DBFOT") basis (hereinafter referred to as
“the Project”) pursuant to the RFP Document dated ………… issued in respect of the Project
and other related documents including without limitation the draft concession agreement
(hereinafter collectively referred to as “Bidding Documents”), we ______________(Name of
the Bank) having our registered office at …………….. and one of its branches at ………………
(hereinafter referred to as the “Bank”), at the request of the Bidder, do hereby in terms of
Clause 2.1.6 read with Clause 2.1.7 of the RFP Document, irrevocably, unconditionally and
without reservation guarantee the due and faithful fulfilment and compliance of the terms
and conditions of the Bidding Documents (including the RFP Document) by the said Bidder
and unconditionally and irrevocably undertake to pay forthwith to the Authority an amount
of Rs. 500,000,000 (Rupees Five Hundred Million only) (hereinafter referred to as the
“Guarantee”) as our primary obligation without any demur, reservation, recourse, contest or
protest and without reference to the Bidder if the Bidder shall fail to fulfil or comply with all
or any of the terms and conditions contained in the said Bidding Documents.

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

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable
under this Guarantee without any demur, reservation, recourse, contest or protest and
without any reference to the Bidder or any other person and irrespective of whether the claim
of the Authority is disputed by the Bidder or not, merely on the first demand from the
Authority stating that the amount claimed is due to the Authority by reason of failure of the
Bidder to fulfil and comply with the terms and conditions contained in the Bidding Documents
including failure of the said Bidder to keep its Bid open during the Bid validity period as set
forth in the said Bidding Documents for any reason whatsoever. Any such demand made on
the Bank shall be conclusive as regards amount due and payable by the Bank under this
Guarantee. However, our liability under this Guarantee shall be restricted to an amount not
exceeding Rs. 500,000,000 (Rupees Five Hundred Million only).

4. This Guarantee shall be irrevocable and remain in full force for a period of 150 (one hundred
and fifty) days from the Bid Due Date and a claim period of 60 (sixty) days or for such extended
period as may be mutually agreed between the Authority and the Bidder, and agreed to by
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 62
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

the Bank, and shall continue to be enforceable till all amounts under this Guarantee have been
paid.

5. We, the Bank, further agree that the Authority shall be the sole judge to decide as to whether
the Bidder is in default of due and faithful fulfilment and compliance with the terms and
conditions contained in the Bidding Documents including, inter alia, the failure of the Bidder
to keep its Bid open during the Bid validity period set forth in the said Bidding Documents, and
the decision of the Authority that the Bidder is in default as aforesaid shall be final and binding
on us, notwithstanding any differences between the Authority and the Bidder or any dispute
pending before any Court, Tribunal, Arbitrator or any other Authority.

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

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

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

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

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

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

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

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

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 63
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to Rs.
500,000,000 (Rupees Five Hundred Million only). The Bank shall be liable to pay the said
amount or any part thereof only if the Authority serves a written claim on the Bank in
accordance with paragraph 9 hereof, on or before *** (indicate date falling 210 days after the
Bid Due Date).

14. This guarantee shall also be operatable at our ………….Branch at Pune, from whom,
confirmation regarding the issue of this guarantee or extension/renewal thereof shall be
made available on demand. In the contingency of this guarantee being invoked and payment
thereunder claimed, the said branch shall accept such invocation letter and make payment of
amounts so demanded under the said invocation.

15. The guarantor/ bank hereby confirms that it is on the SFMS (Structural Finance Messaging
System) platform & shall invariably send on advice of this Bank Guarantee to the designated
bank of PMC after obtaining details thereof from PMC.

16. The Bank Guarantee has been sent to Authority’s Bank through SFMS as per the details below:

Sr No. Particulars Details

MUNICIPAL COMMISSIONER, PUNE
1. Name of Beneficiary MUNICIPAL CORPORATION
2. Name of Bank ICICI BANK
3. Account No. 000505006656
4. IFSC Code ICIC0000005

17. Notwithstanding anything hereinabove:

a) Our liability under this guarantee shall not exceed Rs…………… (Bid Security amount)
b) This guarantee shall be valid up till ……….(Validity of BG)
c) Unless a written claim or demand is received by us on or before.....(Validity of BG) our
liability under this guarantee shall stand discharged.

Thereafter, after all your rights under this guarantee shall be lapsed and we shall be
released from all our liabilities hereunder irrespective of whether the guarantee in original is
returned to us or not.”

Signed and Delivered by ……………….. Bank

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

(Signature of the Authorised Signatory)

(Official Seal)

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 64
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

APPENDIX-III
Format for Power of Attorney for signing of Bid
(Refer Clause 2.1.8)
(To be executed on Stamp paper of appropriate value)

Know all men by these presents, We, ……………………… (name of the firm and address of the
registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr. / Ms
(Name), son/daughter/wife of ………………………….. and presently residing at ………………………., who
is presently employed with us/ the Lead Member of our Consortium and holding the position of
………………………………, as our true and lawful attorney (hereinafter referred to as the “Attorney”)
to do in our name and on our behalf, all such acts, deeds and things as are necessary or required
in connection with or incidental to submission of our bid for the Construction of High Capacity
Mass Transit Route (HCMTR) Project-an Elevated Six Lane Ring Road connecting Bopodi - Pune
University Junction - Paud Road – Satara Road – Kondhwa Road – Sholapur Road – Nagar Road
- Vishrantwadi in Pune City on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build,
Finance, Operate and Transfer (the "DBFOT") basis. Project proposed or being developed by the
Pune Municipal Corporation (the “Authority”) including but not limited to signing and submission
of all applications, bids and other documents and writings, participate in bidders' and other
conferences and providing information / responses to the Authority, representing us in all matters
before the Authority, signing and execution of all contracts including the Concession Agreement
and undertakings consequent to acceptance of our bid, and generally dealing with the Authority
in all matters in connection with or relating to or arising out of our bid for the said Project and/or
upon award thereof to us and/or till the entering into of the Concession Agreement with the
Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney
in exercise of the powers hereby conferred shall and shall always be deemed to have been done
by us.

IN WITNESS WHEREOF WE, ………………………….., THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ……………. DAY OF ……………, 20…...

For ……………………………..

(Signature, name, designation and

address) of person authorized by Board
Resolution (in case of Firms/ Company)/
Partner in case of Partnership Firms

Witnesses:

1.

2.

Notarised
Person identified by me/personally appeared before me
/signed before me/Attested/Authenticated*
(*Notary to specify as applicable)
(Signature, Name and Address of the Notary)
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 65
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Seal of the Notary

Registration Number of the Notary

Date_______________

Accepted

(Signature, name, designation and address of the Attorney)

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

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 66
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

APPENDIX-IV
Format for Power of Attorney for Lead Member of Consortium
(Refer Clause 2.1.9)

(To be executed on Stamp paper of appropriate value)

Whereas the Pune Municipal Corporation (“the Authority”) has invited bids from interested
parties for Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six
Lane Ring Road connecting Bopodi - Pune University Junction - Paud Road – Satara Road –
Kondhwa Road – Sholapur Road – Nagar Road - Vishrantwadi in Pune City on Hybrid (Annuity)
Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the "DBFOT") basis.
(“the Project”). Whereas, ………………., ……………..and ………………….. (collectively the “Consortium”)
being Members of the Consortium are interested in bidding for the Project in accordance with the
terms and conditions of the Request for Proposal and other connected documents in respect of
the Project, and

Whereas, it is necessary for the Members of the Consortium to designate one of them as the Lead
Member with all necessary power and authority to do for and on behalf of the Consortium, all
acts, deeds and things as may be necessary in connection with the Consortium’s bid for the Project
and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, …………….. having our registered office at …………………., M/s. ………………….., having our
registered office at ………………., and M/s. ……………….., having our registered office at
……………………., (hereinafter collectively referred to as the “Principals”) do hereby irrevocably
designate, nominate, constitute, appoint and authorise M/s……………….., having its registered
office at ………………, being one of the Members of the Consortium, as the Lead Member and true
and lawful attorney of the Consortium (hereinafter referred to as the “Attorney”) and hereby
irrevocably authorise the Attorney (with power to sub-delegate) to conduct all business for and
on behalf of the Consortium and any one of us during the bidding process and, in the event the
Consortium is awarded the Concession/ Contract, during the execution of the Project, and in this
regard, to do on our behalf and on behalf of the Consortium, all or any of such acts, deeds or
things as are necessary or required or incidental to the submission of its bid for the Project,
including but not limited to signing and submission of all applications, bids and other documents
and writings, accept the Letter of Award, participate in bidders’ and other conferences, respond
to queries, submit information/ documents, sign and execute contracts and undertakings
consequent to acceptance of the bid of the Consortium and generally to represent the Consortium
in all its dealings with the Authority, and/ or any other Government Agency or any person, in all
matters in connection with or relating to or arising out of the Consortium’s bid for the Project and/
or upon award thereof till the Concession Agreement is entered into with the Authority.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things
done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney
in exercise of the powers hereby conferred shall and shall always be deemed to have been done
by us/ Consortium.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER

OF ATTORNEY ON THIS …………….. DAY OF …………… 20……..

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 67
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

For ……………….
(Signature, Name & Title)

For ……………….

(Signature, Name & Title)

For ……………….
(Signature, Name & Title)

Witnesses:

1.

2.

(Executants)

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

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

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 68
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

APPENDIX V

Format for Joint Bidding Agreement for Consortium

(Refer Clause 2.1.9 & 2.1.15(g))

(To be executed on Stamp paper of appropriate value)

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

AMONGST

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

AND

2. {………… Limited, having its registered office at ………… } and (hereinafter referred to as the
“Second Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)

AND

3. {………… Limited, and having its registered office at …………} (hereinafter referred to as the
“Third Part” which expression shall, unless repugnant to the context include its successors
and permitted assigns)

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

WHEREAS,

(A) THE PUNE MUNICIPAL CORPORATION, having its office at , PMC BUILDING, SHIVAJI
NAGAR, NEAR MANGLA THEATRE, PUNE - 411005 (hereinafter referred to as the
“Authority” which expression shall, unless repugnant to the context or meaning thereof,
include its administrators, successors and assigns) has invited bids (the Bids”) by its
Request for Proposal No. ………… dated ………… (the “RFP”) for award of contract
Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane
Ring Road connecting Bopodi - Pune University Junction - Paud Road – Satara Road –
Kondhwa Road – Sholapur Road – Nagar Road - Vishrantwadi in Pune City on Hybrid
(Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis. (the “Project”) through public private partnership.

(B) The Parties are interested in jointly bidding for the Project as members of a Consortium
and in accordance with the terms and conditions of the RFP document and other bid
documents in respect of the Project, and

(C) It is a necessary condition under the RFP document that the members of the Consortium
shall enter into a Joint Bidding Agreement and furnish a copy thereof with the Bid.

NOW IT IS HEREBY AGREED as follows

1. Definitions and Interpretations

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 69
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

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

2. Consortium

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

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

3. Covenants

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

4. Role of the Parties

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

(a) Party of the First Part shall be the Lead member of the Consortium and shall have the
power of attorney from all Parties for conducting all business for and on behalf of the
Consortium during the Bidding Process and until the Appointed Date under the Concession
Agreement when all the obligations of the SPV shall become effective;

(b) Party of the Second Part shall be {the Technical Member of the Consortium;}

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

{(d) Party of the Fourth Part shall be the Operation and Maintenance Member/ Other
Member of the Consortium.}

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all obligations
and liabilities relating to the Project and in accordance with the terms of the RFP and the
Concession Agreement, till such time as the Financial Close for the Project is achieved
under and in accordance with the Concession Agreement.

6. Shareholding in the SPV

The Parties agree that the proportion of shareholding among the Parties in the

SPV shall be as follows:

First Party:

Second Party:
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 70
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

{Third Party:}

{Fourth Party:}

6.2 The Parties undertake that a minimum of 26% (twentysix per cent) of the subscribed and
paid up equity share capital of the SPV shall, at all times till the second anniversary of the
date of commercial operation of the Project, be held by the Parties of the First, {Second
and Third} Part whose experience and networth have been reckoned for the purposes of
qualification and short-listing of Bidders for the Project in terms of the RFP.

6.3 The Parties undertake that each of the Parties specified in Clause 6.2 above shall, at all
times between the commercial operation date of the Project and the second anniversary
thereof, hold subscribed and paid up equity share capital of SPV equivalent to at least 5%
(five per cent) of the Total Project Cost.

6.4 The Parties undertake that they shall collectively hold at least 51% (fifty one per cent) of
the subscribed and paid up equity share capital of the SPV at all times until the second
anniversary of the commercial operation date of the Project.

6.5 The Parties undertake that they shall comply with all equity lock-in requirements set forth
in the Concession Agreement.

6.6 The Parties undertake that the O&M Member shall subscribe and hold at least 10% (ten
per cent) of the subscribed and paid up equity shares in the SPV in terms of the Concession
Agreement.}

7. Representation of the Parties

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

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

(b) The execution, delivery and performance by such Party of this Agreement has been
authorised by all necessary and appropriate corporate or governmental action and a copy
of the extract of the charter documents and board resolution/ power of attorney in favour
of the person executing this Agreement for the delegation of power and authority to
execute this Agreement on behalf of the Consortium Member is annexed to this
Agreement, and will not, to the best of its knowledge:

(i) require any consent or approval not already obtained;

(ii) violate any Applicable Law presently in effect and having applicability to it;

(iii) violate the memorandum and articles of association, by-laws or other applicable
organisational documents thereof;

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 71
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

(iv) violate any clearance, permit, concession, grant, license or other governmental
authorisation, approval, judgement, order or decree or any mortgage agreement,
indenture or any other instrument to which such Party is a party or by which such
Party or any of its properties or assets are bound or that is otherwise applicable
to such Party; or

(v) create or impose any liens, mortgages, pledges, claims, security interests, charges
or Encumbrances or obligations to create a lien, charge, pledge, security interest,
encumbrances or mortgage in or on the property of such Party, except for
encumbrances that would not, individually or in the aggregate, have a material
adverse effect on the financial condition or prospects or business of such Party so
as to prevent such Party from fulfilling its obligations under this Agreement;

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

(d) there is no litigation pending or, to the best of such Party's knowledge, threatened to
which it or any of its Affiliates is a party that presently affects or which would have a
material adverse effect on the financial condition or prospects or business of such Party
in the fulfillment of its obligations under this Agreement.

8. Termination

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

9. Miscellaneous

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

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

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS
AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of

LEAD MEMBER by: SECOND PART

(Signature) (Signature)

(Name) (Name)

Designation) (Designation)

Address) (Address)

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 72
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of For and on behalf of

THIRD PART FOURTH PART

(Signature) (Signature)

(Name) (Name)

(Designation) (Designation)

(Address) (Address)

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of For and on behalf of

FIFTH PART SIX PART

(Signature) (Signature)

(Name) (Name)

(Designation) (Designation)

(Address) (Address)

In the presence of:

1. 2.

Notes:

1. The mode of the execution of the Joint Bidding Agreement should be in accordance with
the procedure, if any, laid down by the Applicable Law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed
in accordance with the required procedure.

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

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

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 73
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

APPENDIX VI

Integrity pact (Refer clause 4.4)

Draft Integrity Pact Format applicable for works having value of Rs. 100 Cr and above

Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Ring
Road connecting Bopodi - Pune University Junction - Paud Road – Satara Road – Kondhwa Road
– Sholapur Road – Nagar Road - Vishrantwadi in Pune City on Hybrid (Annuity) Mode (the
“HAM”) basis or Design, Build, Finance, Operate and Transfer (the "DBFOT") basis (the “Project”)
through a public private partnership.

Tender No.________

This Integrity Pact is made at ________ on this __________ day of__________2014

Between

PUNE MUNICIPAL CORPORATION, having its office at PMC BUILDING, SHIVAJI NAGAR, NEAR
MANGLA THEATRE, PUNE - 411005, hereinafter referred to as “The Principal”, which expression
shall unless repugnant to the meaning or contract thereof include its successors and permitted
assigns.

and

_____________________________________________________. hereinafter referred to as “The

Bidder/ Contractor/ Concessionaire/ Consultant” and which expression shall unless repugnant to
be meaning or context thereof include its successors and permitted assigns.

Preamble

Whereas, the Principal intends to award, under laid down organizational procedures
contract/s for ……………………. The Principal values full compliance with all relevant laws of the
land, rules of land, regulations, economic use of resources and of fairness/ transparency in its
relations with its Bidder(s) and for Contractor(s)/Concessionaire(s)/Consultant(s).

And whereas in order to achieve these goals, the Principal will appoint an independent external
Monitor (IEM), who will monitor the tender process and the execution of the contract for
compliance with the Principles mentioned above.

And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as Integrity Pact) the terms and conditions of which shall also
be read as integral part and parcel of the Tender documents and contract between the parties.
Now, therefore, in consideration of mutual covenants stipulated in this pact, the parties hereby
agree as follows and this pact witnessed as under:-

Article-1-Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principle:-

(a) No employee of the Principal, personally or through family members, will in

connection with the lender for, or the execution of a contract, demand take a
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 74
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

promise for or accept for self or third person any material or immaterial benefit
Which the person is not legally entitled to.

(b) The Principal will, during the tender process treat all Bidder(s) with equity and
reason. The Principal will in particular, before and during the tender process,
provide to all Bidder(s) the same information and will not provide to any Bidder(s)
confidential/ additional information through which the Bidder(s) could obtain an
advantage in relation to the tender process or the contract execution.

(c) The Principal will exclude all known prejudiced persons from the process, whose
conduct in the past has been of biased nature.

(2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act or any other Statutory Acts or if there be a
substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer
and in addition can initiate disciplinary actions as per its internal laid down Rules/
Regulations.

Article-2 Commitments of the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)

The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) commit himself to take all

measures necessary to prevent corruption. He commits himself to observe the following
principles during his participation in the tender process and during the contract execution.

(a) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not, directly or through
any other person or firm, offer, promise or give to any of the Principals employees
involved in the tender process or the execution of the contract or to any third person any
material or other benefit which he/she is not legally entitled to, in order to obtain in
exchange any advantage of any kind whatsoever during the tender process or during the
execution of the contract.

(b) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not enter with other
Bidders into any undisclosed agreement or understanding, whether formal or informal.
This applies in particular to prices, specifications, certifications, subsidiary contracts,
submission or non-submission or bids or any other actions to restrict competitiveness or
to introduce cartelization in the bidding process.

(c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not commit any
offence under the relevant IPC / PC. Act and other Statutory Acts; further the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) will not use improperly for purposes of
completion or personal gain, or pass on to others, any information or document provided
by the Principal as part of the business relationship, regarding plans, technical proposals
and business details, including information contained or transmitted electronically.

(d) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of foreign origin shall

disclose the name and address of the Agents/ representatives in India. If any similarly the
Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of Indian Nationality shall
furnish the name and address of the foreign principle, if any.

(e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will, when presenting his
bid, disclose any and all payments he has made, is committed to or intends to make to
agents, brokers or any other intermediaries in connection with the award of the contract.
He shall also disclose the details of services agreed upon for such payments.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 75
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not instigate third
persons to commit offences outlined above or be an accessory to such offences.

(g) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not bring any outside
influence through any Govt. bodies/quarters directly or indirectly on the bidding process
in furtherance of his bid.

Article - 3 Disqualification from tender process and exclusion from future contracts

(1) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) before award or during

execution has committed a transgression through a violation of any provision of Article-
2, above or in any other from such as to put his reliability or credibility in question, the
Principal is entitled to disqualify the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s) from the tender process.

(2) If the Bidder/Contractor/Concessionaire/Consultant has committed a transgression

through a violation of Article-2 such as to put his reliability or credibility into question, the
Principal shall be entitled to exclude including blacklist and put on holiday the
Bidder/Contractor/Concessionaire/Consultant for any future tenders/contract award
process. The imposition and duration of the exclusion will be determined by the severity
of the transgression. The severity will be determined by the Principal taking into
consideration the full facts and circumstances of each case particularly taking into account
the number of transgressions, the position of the transgressors within the company
hierarchy or the Bidder/Contractor/Concessionaire/Consultant and the amount of the
damage. The exclusion will be imposed for a minimum of 1 year.

(3) A transgression is considered to have occurred if the Principal after due consideration of
the available evidence concludes that “On the basis of facts available there are no material
doubts”.

(4) The Bidder/ Contractor/Concessionaire/Consultant will its free consent and without any
influence agrees and undertakes to respect and uphold the Principal’s absolute rights to
resort to and impose such exclusion and further accepts and undertakes not to challenge
or question such exclusion on any ground, including the lack of any hearing before the
decision to resort to such exclusion is taken. This undertaking is given freely and after
obtaining independent legal advice.

(5) The decision of the Principal to the effect that a breach of the provisions of this Integrity
Pact has been committed by the Bidder/ Contractor/ Concessionaire/ Consultant shall be
final and binding on the Bidder/ Contractor/Concessionaire/Consultant.

(6) On occurrence of any sanctions/ disqualification etc. arising out from violation of integrity
pact, Bidder/ Contractor/Concessionaire/Consultant shall not be entitled for any
compensation on this account.

(7) Subject to full satisfaction of the Principal, the exclusion of the Bidder/
Contractor/Concessionaire/Consultant could be revoked by the Principal if the Bidder/
Contractor/Concessionaire/Consultant can prove that he has restored/recouped the
damage caused by him and has installed a suitable corruption prevention system in his
organization.

Article - 4 Compensation for Damages

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 76
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Article3, the Principal shall be entitled to forfeit the Earnest Money
Deposit/Bid Security or demand and recover the damages equivalent to Earnest Money
Deposit/Bid Security apart from any other legal right that may have accrued to the
Principal.

(2) In addition to above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to
Contractor/Concessionaire/Consultant’s Default. In such case, the Principal shall be
entitled to forfeit the Performance Bank Guarantee of the
Contractor/Concessionaire/Consultant and/or demand and recover liquidated and all
damages as per the provisions of the contact/Concession agreement against Termination.

Article - 5 Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years
immediately before signing of this integrity pact with any other Company in any country
conforming to the anticorruption/Transparency International (TI) approach or with any
other Public Sector Enterprise/Undertaking in India or any Government Department in
India that could justify his exclusion from the lender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the
tender process or action for his exclusion can be taken as mentioned under Article-3
above for transgression of Article-2 and shall be liable for compensation for damages as
per Article-4 above.

Article 6 - Equal treatment of all Bidders/ Contractors/ Concessionaires/ Consultants/

Subcontractors

(1) The Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) undertake(s) to demand

from all sub-contractors a commitment in conformity with this integrity Pact, and to
submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all
Bidders/Contractors/Concessionaire/Consultant and Subcontractors.

(3) The Principal will disqualify from the lender process all Bidders who do not sign this Pact
violate previsions.

Article - 7 Criminal charges against violating Bidder(s)/ Contractor(s)/

Concessionaire(s)/Consultant(s)/ Sub-contractor(s)

If the Principal obtains knowledge of conduct of a Bidder/Contractor/ Concessionaire/Consultant

or Subcontractor, or of an employee or a representative or an associate of a
Bidder/Contractor/Concessionaire/Consultant or Subcontractor, which constitutes corruption, or
if the Principal has substantive suspicion in this regard, the Principal will inform the same to the
Chief Vigilance Officer.

Article - 8 Independent External Monitor (IEM)

(1) The Principal appoints competent and credible Independent External Monitor for this
Pact. The task of the Monitor is to review independently and objectively, whether and to
what extent the parties comply with the obligations under this agreement.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 77
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

(2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Municipal
Commissioner, PMC.

(3) The Bidder/Contractor/Concessionaire/Consultant accepts that the Monitor has the right
to access without restriction to all Project documentation of the Principal including that
provided by the Bidder/ Contractor/ Concessionaire/ Consultant. The Bidder/ Contractor/
Concessionaire/ Consultant will also grant the Monitor, upon his request and
demonstration of a valid interest, unrestricted and unconditional access to the Project.
The Monitor is under contractual obligation to treat the information and documents of
the Bidder/ Contractor/ Concessionaire/ Consultant/ subcontractors with confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Principal and the Bidder/Contractor/
Concessionaire/Consultant. The parties offer to the Monitor the option to participate in
such meetings.

(5) As soon as the Monitor notices, or believes to notice any transgression as given in Article-
2, he may request the Management of the Principal to take corrective action, or to take
relevant action. The monitor can in this regard submit non-binding recommendations.
Beyond this, the Monitor has no right to demand from the parties that they act in a
specific manner, refrain from action or tolerate action.

(6) The Monitor will submit a written report to the Municipal Commissioner, PMC within 8-
10 weeks from the date of reference or intimation to him by the Principal and, should the
occasion arise, submit proposals for correcting problematic situations.

(7) If the Monitor has reported to the Municipal Commissioner, PMC, a substantiated
suspicion of under relevant IPC/PC Act or any other Statutory Acts, and the Municipal
Commissioner, PMC has not, within the reasonable time taken visible action to proceed
against such offence or reported it the Chief Vigilance Officer, the Monitor may also
transmit this information directly to the Central Vigilance Commissioner.

(8) The word 'Monitor' would include both singular and plural.

Article - 9 Pact Duration

This Pact begins when both parties have signed (In case of EPC i.e. for projects funded by Principal
and consultancy services) It expires for the Contractor/Consultant 12 months after his Defect
Liability Period is over or 12 months after his last payment under the contract whichever is later
and for all other unsuccessful Bidders 6 months after this Contract has been awarded (In case BOT
projects) It expires for the concessionaire 24 months after his concession period is over and for
all other unsuccessful Bidders 6 months after this Contract has been awarded.

If any claim is made/lodged during this time, the same shall be biding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged determined by Municipal
Commissioner of PMC.

Article - 10 Other Provisions

(1) This pact is subject to Indian Law, Place of performance and jurisdiction is the Registered
Office of the Principal, i.e. Pune.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 78
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

(2) Changes and supplements as well as termination notices need to be made in writing.

(3) If the Bidder/Contractor/Concessionaire/Consultant is a partnership or a Consortium, this

pact must be signed by all partners or Consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the reminder of
this agreement remains valid, in this case, the parties will strive to come to an agreement
to their original intentions.

(5) Any dispute/differences arising between the parties with regard to term of this Pact, any
action taken by the Principal in accordance with this Pact or interpretation thereof shall
not be subject to any Arbitration.

(6) He actions stipulated in the integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provisions to the extant law in force relating to
any civil or criminal proceedings.

In witness whereof he parties have signed and executed this pact at the place and date first
done mentioned in the presence of following witnesses: -

______________________________ _______________________________

(For & On behalf of the (Principal) (For & On behalf of Bidder/

Contractor/Concessionaire/Consultant)

(Office Seal)

Place ________

Date ________

Witness 1:

(Name & Address) ___________________________________________________

___________________________________________________

___________________________________________________

Witness 2:

(Name & Address) ___________________________________________________

___________________________________________________

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 79
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

APPENDIX VII

DETAILS OF ADVERTISEMENT SPACE RIGHTS AND LEASE/RENTAL SPACE FOR COMMERCIAL

PURPOSES

1.0 Advertisement Space Rights along HCMTR Corridor

Area per
Total Area
Sl.No. Location Details Unit Quantity location
in Sqft
in Sqft
Advertisement Area at BRTS
1 Station Locations above HCMTR No. 26 3480.53 90493.78
corridor
Advertisement for Central Piers
in the median @ 35M C/C along
2 No. 571 193.77 110642.67
HCMTR for 20 Km length in both
faces
Advertisement between Central
Piers in the median @ 10 to 12 M
3 No. 1142 193.77 221285.34
C/C along HCMTR for 20 Km
length in both faces
Advertisement for side face for
Up and down ramp Piers @ 35M
4 No. 246 48.44 11916.24
C/C along HCMTR on one side (
along existing roads)
Advertisement on light pole of Up
5 and Down ramps to HCMTR No. 716 10.76 7704.16
Corridor
Advertisement on HCMTR
corridor - At grade junction
6 approaches ( on outside of crash
barrier facing the junction
approach)

3-arm - 14 no. No. 14 322.95 4521.3

4-arm - 20 no. No. 40 322.95 12918

Railing along entire length of the

Elevated Corridor on both sides
of BRTS lanes ( Alternate panel
7 Rm 64207 6.06 389094.42
railing inside and out-side for
each road ) and for a length of
35.460Km

Total In Sqft 848575.91

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 80
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

2.0 Commercial Space Rights in BRTS Stations along HCMTR Corridor

Area per
Total Area
Sl.No Details Unit Quantity location
in Sqft
in Sqft
Commercial land for lease / rental
1 at BRTS stations within No. 26 4155.27 108037.02
Concourse area

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 81
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

APPENDIX VIII
Guidelines to Bidders on the operations of Electronic Tender Management System of
PMC Tenders on https://pmctenders.abcprocure.com

(a) These conditions will overrule the conditions stated in the Bidding Documents, wherever
relevant and applicable.

(b) Registration of Bidders:

The Bidders interested in doing business with any Department of Government of Maharashtra
that have migrated their process onto the Electronic Tender Management System platform
shall be required to enrol on the System. In order to participate in the Open Tenders processed
using the System by any Department, the Bidders are required have a valid enrolment on the
System. The Bidder may obtain the necessary information on the process of enrolment and
empanelment either from Helpdesk Support Team or may visit the link available under the
login option ‘New Bidder Registration’ on the Home Page of the System. After submission of
application for enrolment on the System, the application information shall be verified by the
Service Provider. If the information is found to be complete, the enrolment submitted by the
Bidders shall be approved.

(c) Obtaining a Digital Certificate:

The Bid Data that is prepared online is required to be encrypted and the hash of the Bid Data
is required to be signed electronically using a Digital Certificate (Class – II or Class – III) to
maintain the security of the Bid Data and also to establish the identity of the Bidders
transacting on the System.

The Digital Certificates are issued by an approved Certifying Authority authorized by the
Controller of Certifying Authorities of Government of India through their Authorized
Representatives upon receipt of documents required to obtain a Digital Certificate. Bid data /
information for a particular Tender may be submitted only using the Digital Certificate.

In case of online tendering, if the Digital Certificate issued to an Authorised User of a Firm is
used for signing and submitting a Bid, it will be considered equivalent to a no objection
certificate / power of attorney to that User to submit the Bid on behalf of the form. The firm
has to authorize a specific individual via an authorization certificate signed by a partner of the
firm (and in case the applicant is a partner, another partner in the same form is required to
authorise) to use the digital certificate as per Indian Information Technology Act, 2000.

Unless the Digital Certificate is revoked, it will be assumed to represent adequate authority of
the Authority User to bid on behalf of the Firm for the Tenders processed on the Electronic

The Digital Signature of this Authorized User will be binding on the Firm. It shall be the
responsibility of Partners of the Firm to inform the Certifying Authority or Sub Certifying
Authority, if the Authorized User changes, and apply for a fresh Digital Signature Certificate.
The procedure for application of a Digital Signature Certificate will remain the same for the
new Authorised User. The same procedure holds true for the Authorized Users in a Private /
Public Limited Company.

In this case, the Authorisation Certificate will have to be signed by the Director of the
Company.

Call/write us for New Registration/DSC Support/Profile Approval:

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 82
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

•Phone Numbers: +91-79-6813 6878/45

•Cell Number: +91-9099090830 / +91-6353217080 / +91-9687638187
•Write to us by e-mail at: info@AbcProcure.com/jayeshsoman@abcprocure.com

Call/write us for e-Tender Submission/Support

https://pmctenders.abcprocure.com/pmctenders/EProc.jsp?CenterPage=contactus.jsp

(d) Set up of Computer System for executing the operations on the Electronic Tender
Management System:

To operate on the Electronic Tender Management System of Government of Maharashtra, the

Computer System of the User is required be set up. The Users are required to make the
required settings (Download PMC Bidder Manual) available on the Home Page of the System.
The settings are available for download freely on the Home Page.

The Bidders are requested to refer to the e-Tendering Toolkit for Bidders available online on
the page https://pmctenders.abcprocure.com to understand the process of setting up the
System or alternatively, contact the Helpdesk Support Team on information / guidance on the
process of setting up the System.

(e) Submission of Bid online:

Bidders can do the bid submission after logging in to the portal by using ID/Password and
Digital signature with in the Predefined time schedule.

For submitting the Bids online, the Bidders are required to make a payment using the
Electronic Payments Gateway Service towards the fees of the Service Provider. The various
options of making online payments are available in the System.

(c) Submission of Bid Security Deposit:

The Bidders are required to submit the Bid Security through E-Payment Gateway / Bank
Guarantee / DD and cost of Tender Documents online. Bidders are required to keep the
instruments for submission of Bid Security Deposit and the cost of Tender Documents ready
as the details of these instruments are required to be entered in the System during the Bid
Preparation Submission stage. The details of the Bid Security Deposit and cost of Tender
Documents instruments shall be verified and matched during the Tender Opening event.

(d) Opening of Electronic Bids:

The Competent Authority receiving the Bids shall first open part of the Bid Security Deposit
deposited in the PMC account through the payment gateway system of Pune Municipal
Corporation (being Rs. 100,000/- (Rupees One Hundred Thousand only)) and cost of Tender
Documents to verify the details submitted online.

The Competent Authority shall then open the online envelope(s) (decrypt the Bid Data)
through the System.

(e) Tender Schedule:

The Bidders are strictly advised to follow the Dates and Times allocated to each stage as
indicated in the Time Schedule in the RFP. All the online activities are time tracked and the
“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 83
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”
Pune Municipal Corporation Request for Proposal

Electronic Tender Management System enforces time-locks that ensure that no activity or
transaction can take place outside the Start and End Dates and Time of the stage as defined in
the Tender Schedule.

(f) Availability of the Tender Documents

`
Tender can be downloaded from the https://pmctenders.abcprocure.com. The bidders are
expected to examine all instructions, forms, terms, project requirements and other details in
the tender documents. Failure to furnish complete information as mentioned in the tender
documents or submission of a proposal not substantially responsive to the tender documents
will be at the bidder's risk and may result in rejection of the tender.

(g) Tender Fees & Bid Security

Cost of Blank RFP Document of Rs. 590,179/- (Rupees Five Hundred Ninety Thousand One
Hundred and Seventy Nine only)(non-refundable) shall be paid on line through E-
Payment Gateway only and copy of the same shall be submitted in Technical Bid.

The proposals also should accompany (a) part of Bid Security of Rs. 100,000/- (Rupees
One Hundred Thousand only) and shall be paid on E-Payment Gateway; and (b) balance
Bid Security amount (being an amount of Rs. 500,000,000/- (Rupees Five Hundred Million
only) and shall pay the same in the form of bank guarantee / demand draft. If bidder
proposes to submit the Bid Security Deposit through Bank Guarantee then Bank
Guarantee shall be issued by one of the Nationalized Banks or schedule Bank in India in
favour of the Municipal Commissioner, Pune Municipal Corporation payable at Pune valid
for a period of 150 days with a claim period of 60 days from the last date of submission
of the bid. Scan copy of BG shall be submitted before the submission date provided at e-
tender portal and Original shall be submitted to the Authority before opening of Envelop
no.1 Technical Bid. Information of E-Payment Gateway is available on E Tendering
Website. The bidder shall have to furnish an undertaking in this regard on his letter head.
Detailed terms and conditions are displayed on the portal. The scanned copy of the same
should be uploaded along with tender documents online through
https://pmctenders.abcprocure.com in the portal and the original should be submitted
to the Office of the Authority before or on the date and time of opening the technical bid.

(h) Venue & Deadline for Submission of Bids: Bids, in its complete form in all respects as specified
in the Tender, must be submitted online on the e-tender portal
https://pmctenders.abcprocure.com as specified above. The Authority may, in exceptional
circumstances and at its discretion, extend the deadline for submission of the tender by issuing
an addendum to be made available on https://pmctenders.abcprocure.com in which case all
rights and obligations of the Authority and the bidders previously subject to the original
deadline will thereafter be subject to the deadline as extended.

“Construction of High Capacity Mass Transit Route (HCMTR) Project-an Elevated Six Lane Inner Ring Road connecting Bopodi - Pune 84
University Junction – Paud Road – Satara Road – Kondhwa Road – Solapur Road – Nagar Road - Vishrantwadi (Total Length 35.96Km) in
Pune City, Maharashtra State, India on Hybrid (Annuity) Mode (the “HAM”) basis or Design, Build, Finance, Operate and Transfer (the
"DBFOT") basis.”