Final Upload C13 - Plot Tender

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E-Tender for

Lease of Commercial Plot


C-13,
at G-Block of Bandra-Kurla Complex

e-Tender No: TCP(P-2)/BKC/Misc/1427/commercial/C13/2023

15th May ,2023


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

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Page 2 of 231
eProcurement System Government of Maharashtra Page 1 of 3

eProcurement System Government of Maharashtra


Tender Details
Date : 15-May-2023 05:32 PM

Print

Basic Details
Organisation Chain Mumbai Metropolitan Region Development Authority||Town and Country Planning
Tender Reference
TCPP2/BKC/Misc/1427/C/C13/2023
Number
Tender ID 2023_MMRDA_904333_1
Tender Type Open Tender Form of contract Lump-sum
Tender Category Services No. of Covers 3
General Technical ItemWise Technical
No No
Evaluation Allowed Evaluation Allowed
Is Multi Currency Allowed
Payment Mode Online No
For BOQ
Is Multi Currency
No Allow Two Stage Bidding No
Allowed For Fee

Payment Instruments Cover Details, No. Of Covers - 3


Online S.No Bank Name Cover
Bankers Cover Document Type Description
No
1 SBI Bank
EMD Bank
1 Fee .pdf
Guarantee
.pdf EMD Online
Tender Fee
.pdf
Receipt
As per
2 PreQual/Technical .pdf Tender
Document 1
As per
.pdf Tender
Document 2
As per
.pdf Tender
Document 3
As per
.pdf Tender
Document 4
Financial
3 Finance .xls
Proposal
Tender
.pdf
Document

Tender Fee Details, [Total Fee in ₹ * - EMD Fee Details


1,18,000] EMD Amount in ₹ 5,00,000 EMD through No
Tender Fee in ₹ 1,18,000 BG/ST or EMD
Exemption
Fee Payable To Nil Fee Payable At Nil
Allowed
Tender Fee No
EMD Fee Type fixed EMD Percentage NA
Exemption
Allowed EMD Payable To Nil EMD Payable At Nil

Click to view modification history

Work /Item(s)
Title Lease of Commercial Plot C13 at G-Block BKC Mumbai for 80 years of lease
Work Description Lease of Commercial Plot C13 at G-Block BKC Mumbai for 80 years of lease

https://mahatenders.gov.in/nicgep/app?component=%24DirectLink&page=Published... 15-05-2023
eProcurement System Government of Maharashtra Page 2 of 3

Pre Qualification EMD and Tender Fee


Details
Independent NA
External
Monitor/Remarks
Show Tender Value No
in Public Domain
Tender Value in ₹ 0.00 Product Category Miscellaneous Sub category Plot Tender
Services
Contract Type Tender Bid Validity(Days) 60 Period Of Work NA
(Days)
Location Mumbai Pincode 400051 Pre Bid Meeting 4th Floor
Place Committee Room,
New MMRDA
Building, BKC,
Pre Bid Meeting New MMRDA Pre Bid Meeting 01-Jun-2023 Bid Opening Place New MMRDA
Address Building, BKC, Date 03:00 PM Building
Bandra East,
Mumbai - 51
Should Allow NDA No Allow Preferential No
Tender Bidder

Critical Dates
Publish Date 15-May-2023 06:00 PM Bid Opening Date 19-Jul-2023 10:00 AM
Document Download / Sale 15-May-2023 06:05 PM Document Download / Sale End 17-Jul-2023 06:00 PM
Start Date Date
Clarification Start Date NA Clarification End Date NA
Bid Submission Start Date 16-May-2023 10:00 AM Bid Submission End Date 17-Jul-2023 06:00 PM

Tender Documents
NIT Document Document
Document S.No Description
Name Size (in KB)
1 Tendernotice_1.pdf Notice 957.32

Work Item Document


Documents S.No Document Type Document Name Description
Size (in KB)
Tender Document for Plot
1 Tender Documents C13PlotTender.pdf 27387.62
C13
2 BOQ BOQ_1576339.xls Financial Proposal - BOQ 285.00

Bid Openers List


S.No Bid Opener Login Id Bid Opener Name Certificate Name
SANMUKH MADHAV
1. sanmukh.desai@mailmmrda.maharashtra.gov.in Sanmukh Desai
DESAI
2. soudip.kundu@mailmmrda.maharashtra.gov.in SOUDIP KUNDU SOUDIP KUNDU
SUDARSHAN BAPU
3. sudarshan.shinde@mailmmrda.maharashtra.gov.inSUDARSHAN SHINDE
SHINDE

Tender Properties
Auto Tendering No Show Technical bid status Yes
Process allowed
Show Finance bid Yes Show Bids Details Yes
status
BoQ Comparative Chart Normal BoQ Compartive chart decimal places 3
model
BoQ Comparative Chart L Form Based BoQ No
Rank Type

https://mahatenders.gov.in/nicgep/app?component=%24DirectLink&page=Published... 15-05-2023
eProcurement System Government of Maharashtra Page 3 of 3

Tender Inviting Authority


Name Metropolitan Commissioner
Address New MMRDA Building, BKC, Bandra East, Mumbai - 51

Tender Creator Details


Created By Sanmukh Desai
Designation Sr.Planner
Created Date 15-May-2023 05:15 PM

https://mahatenders.gov.in/nicgep/app?component=%24DirectLink&page=Published... 15-05-2023
E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY


Bandra-Kurla Complex, Bandra (East), Mumbai -51. Tel: 26590001/04.
Website: https://mmrda.maharashtra.gov.in
e-Tender Notice
Mumbai Metropolitan Region Development Authority (MMRDA) invites Bids for “Lease of
Commercial plot C-13 from G-Block of Bandra-Kurla Complex”, Mumbai through
MMRDA’s e-Tendering Portal. The Bid details are as follows:
Sr.No. Parameters Details
1 Tender Ref. No. TCP(P-2)/BKC/Misc/1427/Commercial/C13/2023
2 Division Town & Country Planning Division
3 E-Tender for “Lease of Commercial plot C-13 from G-Block of Bandra-Kurla
Name of tender
Complex, Mumbai”.
4 Plot Plot Permissible Reserve Reserve Earnest Money Deposit Tender
No. Area Built up area Rate Price Through Through Fee
(sqm) (BUA) (sqm) (Rs/sqm of (Rs) Bank Online (Rs)
BUA) Guarantee Transfer
(Rs) (Rs)
1.00Lakh +
C-13 7,071.90 45,000 3,44,500/- 1,550.25 Cr 30.00 Cr. 5.00 Lakhs
GST
5 Contact Details Shri. S.C. Deshpande
Chief, Town & Country Planning Division
Tel: 022-26594079/4173
Email: bkcplotC13gblock@mailmmrda.maharashtra.gov.in
6 Important Dates Milestone From Date/Time To Date/Time
Tender document 15.05.2023 17.07.2023
download 18:00 hrs (IST) 17:00 hrs (IST)
Last date of receipt of 30.05.2023
---
queries/clarification 10:00 hrs (IST)
30.05.2023 30.05.2023 (Tuesday)
Site Visit
11:00 hrs (IST) 12:00 Noon (IST)
01.06.2023 at 15:00hrs (IST)
Location: 4th Floor, Committee Room, New
MMRDA Building, BKC, Bandra (E),
01.06.2023 Mumbai-400051 + Video conference link
Pre-bid meeting
(Thursday) (Prospective / Interested Bidders must send
(Hybrid Mode) request email to
15:00 hrs (IST)
bkcplotC13gblock@mailmmrda.maharashtra
.gov.in to receive the Video Conferencing
Link- Refer Annexure 10.4
Last date of online 17.07.2023
---
submission 17:00 hrs (IST)
17.07.2023 17.07.2023
Closing of tender 17:01 hrs (IST) 18:00 hrs (IST)

The e-tender shall be available for free download on registration at https://mahatenders.gov.in/nicgep/app as per
the above-mentioned dates. The Bidder shall submit receipt of Tender Fee, receipt of EMD transferred online,
Bank Guarantee (BG) in Envelope-A and Eligibility Criteria documents in Envelope-B and Financial Bid in
Envelope-C through Mahatender Portal only. For participating in this e-tender and avoiding last minute technical
challenges if any, all the Bidders shall follow the guidelines mentioned in the tender document on Mahatender
Portal. The Bidders shall go through the e-tender SOP and FAQs hosted at Mahatender Portal for detailed
understanding of e-tendering submission process. Plot area given above may likely to change marginally on actual
demarcation on site. However, the maximum permissible built up area will remain same. For any e-tendering
support, Bidders shall mail Mahatender Helpdesk at support-eproc@nic.in or call us on 022-26597445.
Date: 15.05.2023 Sd/-
Place: Mumbai Metropolitan Commissioner, MMRDA

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

This Advertisement was published in the English and Marathi Newspaper on


15/05/2023

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

TABLE OF CONTENT
Disclaimer ................................................................................................................. 9
Definitions ............................................................................................................... 12
Invitation ................................................................................................................. 16
CHAPTER 1: SUMMARY & KEY INFORMATION .............................................. 21
1.1 Key Events .................................................................................................. 21
1.2 E-Tender Summary..................................................................................... 22
CHAPTER 2: INTRODUCTION............................................................................ 33
2.1 Bandra-Kurla Complex and International Finance and Business Centre .... 33
2.2 Hotels and Restaurants in BKC .................................................................. 34
2.3 Prominent Buildings in BKC ........................................................................ 34
CHAPTER 3: E-TENDER DETAILS .................................................................... 37
3.1 Offer from MMRDA ..................................................................................... 37
3.2 Particulars of Land ...................................................................................... 37
3.3 Use of the Land .......................................................................................... 38
3.4 Lease Period ............................................................................................... 39
3.5 Architectural and Other Controls ................................................................. 39
3.6 Power, Water, Drainage, Solar Water Heating and Rain Water Harvesting 39
3.7 Mode and Conditions of Disposal ............................................................... 40
3.8 Development Controls ................................................................................ 40
3.9 Approvals .................................................................................................... 40
3.10 Taxes .......................................................................................................... 40
3.11 Eligibility and Competency of Bidder........................................................... 40
3.12 Reserve Rate and Reserve Price ............................................................... 40
CHAPTER 4: INSTRUCTION TO BIDDERS ....................................................... 45
4.1 General Instructions .................................................................................... 45
4.2 Earnest Money Deposit............................................................................... 48
4.3 Payment procedure for NEFT/RTGS .......................................................... 49
4.4 Validity of the offer & Earnest Money Deposit (EMD) ................................. 49
4.5 Extension of validity of offer ........................................................................ 50
4.6 Language of Bids ........................................................................................ 50
4.7 Patent claim ................................................................................................ 50
4.8 Table 1: Eligibility Criteria (Category wise) ................................................. 51
4.8.1 Table 2: List of Approved Categories by MMRDA ............................... 58
4.9 Bid Submission, Opening and Evaluation process ..................................... 59

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

4.10 Submission of Bids ..................................................................................... 59


4.11 Bid Opening ................................................................................................ 60
4.12 Evaluation Process ..................................................................................... 61
4.13 Interpretation ............................................................................................... 62
4.14 Reservation ................................................................................................. 62
4.15 Award of Plot .............................................................................................. 62
4.16 Confidentiality ............................................................................................. 62
4.17 Signing of Lease Deed................................................................................ 63
4.18 Mode of Payment of Lease Premium .......................................................... 63
4.19 Payment of Other Charges ......................................................................... 63
4.20 Any other information .................................................................................. 63
4.21 Inspection of the Plot .................................................................................. 64
4.22 Schedule of offer ......................................................................................... 64
4.23 Additional Information ................................................................................. 65
CHAPTER 5: ANNEXURE ................................................................................... 69
5.1 Annex-A: MMRDA’s Land Disposal Regulations, 1977............................... 69
5.2 Annex-B: BKC Notified Area Development Control Regulations, 1979 ....... 86
5.3 Annex-C: Location & Measurement Plan .................................................... 95
5.3.1 Location Plan of Plot no. C-13, G-Block of BKC ................................... 95
5.3.2 Measurement plan of plot no. C-13, G-Block of BKC ........................... 96
5.4 Annex-D: Architectural Controls for Plots in G-block of BKC ..................... 97
CHAPTER 6: ADDITIONAL INFORMATION ..................................................... 103
6.1 Annex-E: Map indicating the location of BKC in MMR .............................. 103
6.2 Annex-F: Map indicating the existing infrastructure in MMR ..................... 104
6.3 Annex-G: Map of existing/proposed connectivity of BKC .......................... 105
6.4 Annex-H: Map indicating the prominent landmarks in BKC ...................... 106
6.5 Annex-I: Schematic Dwg. of B.U.A. consumption for C-13 ....................... 107
6.6 Annexure-J: Regarding Furnishing of Bank Guarantee ............................ 108
6.7 Annexure-K: E-Tendering Guidelines for MMRDA .................................... 109
CHAPTER 7: ENVELOPE ‘A’ – PRE-QUALIFICATION ................................... 115
7.1 FORM 1 - Covering Letter and Company Profile ...................................... 115
7.2 FORM 2 - Tender Cost & EMD details ...................................................... 118
7.3 FORM 3 - Format for Power of Attorney to Authorized Signatory ............. 120
7.4 FORM 4 - Format for Power of Attorney for Lead Bidder of Consortium... 122

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

7.5 FORM 5: Format for Declaration by the Bidder for not being Blacklisted /
Debarred ............................................................................................................. 124
7.6 FORM 6: Format of Declaration for Bidders for Works under Rule 144 (xi) in
the General Financial Rules (GFRs), 2017. ........................................................ 125
CHAPTER 8: ENVELOPE ‘B’ – TECHNICAL BID ............................................ 131
8.1 FORMS FOR CATEGORY - 1 .................................................................. 131
8.1.1 FORM 1.1 - Cover Letter and Company Profile .................................. 131
8.1.2 FORM 1.2 - Financial Details Form .................................................... 134
8.2 FORMS FOR CATEGORY – 2 ................................................................. 135
8.2.1 FORM 2.1 - Cover Letter and Company Profile .................................. 135
8.2.2 FORM 2.2 - Financial Details Form .................................................... 138
8.3 FORMS FOR CATEGORY - 3 .................................................................. 139
8.3.1 FORM 3.1 - Cover Letter and Company Profile .................................. 139
8.3.2 FORM 3.2 - Financial Details Form .................................................... 142
8.4 FORMS FOR CATEGORY - 4 .................................................................. 143
8.4.1 FORM 4.1 - Cover Letter and Company Profile .................................. 143
8.4.2 FORM 4.2 - Financial Details Form .................................................... 147
8.4.3 FORM 4.3 - Project Citations .............................................................. 149
8.4.4 FORM 4.4 - Joint Venture Agreement ................................................ 150
8.5 FORMS FOR CATEGORY - 5 .................................................................. 155
8.5.1 FORM 5.1 - Cover Letter .................................................................... 155
CHAPTER 9: ENVELOPE ‘C’ – FINANCIAL BID.............................................. 159
9.1 FORM-C – Financial Proposal .................................................................. 159
CHAPTER 10: REFERENCE DOCUMENTS ...................................................... 165
10.1 Annexure L: Civil Aviation NOC ................................................................ 165
10.2 Annexure M: Planning Proposal ............................................................... 173
10.3 Annexure N: Office Memorandum under Rule 144 (xi) in the General
Financial Rules (GFRs), 2017............................................................................. 201
10.4 Annexure O: Format for Requesting Video Conferencing Link for Pre-Bid
Meeting ............................................................................................................... 229
10.5 CHECKLIST FOR BIDDERS .................................................................... 230

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

Disclaimer

1 MMRDA has taken due care in preparation of information contained herein.


However, this information is not exhaustive. Interested parties are required to make
their own inquiries and respondents will be required to confirm in writing that they
have done so and they do not solely rely on the information contained in the tender
in submitting their Proposal. The tender includes statements, which reflect various
assumptions and assessments arrived at by MMRDA in relation to the Project.
Such assumptions, assessments and statements do not purport to contain all the
information that each Bidder may require.

2 Neither MMRDA, nor their employees make any representation or warranty as to


the accuracy, reliability or completeness of the information in this Bid Document
nor is it possible for MMRDA to consider the investment objectives, financial
situation and particular needs of each party who reads or uses this Bid Document.
MMRDA recognizes the fact that certain prospective Bidders may have a better
knowledge of the Project than others and thus encourages all prospective Bidders
to conduct their own investigations and analysis and check the accuracy, reliability
and completeness of the information in this Bid Document and obtain independent
advice from appropriate sources.

3 Neither MMRDA nor their employees will have any liability to any prospective
Bidder or any other person under the law of contract, tort, the principles of
restitution or unjust enrichment or otherwise for any loss, expense or damage
which may arise from or be incurred or suffered in connection with anything
contained in this Bid Document, any matter deemed to form part of this Bid
Document and any other information supplied by or on behalf of MMRDA or their
employees or otherwise arising in any way from the selection process.

4 MMRDA reserves to itself the right to reject any or all of the Bids submitted in
response to this e-Tender at any stage without assigning any reasons whatsoever.

5 MMRDA reserves to itself the right to change any or all of the provisions of this Bid
Document. Such changes will be intimated to all parties procuring this Bid
Document prior to pre-bid conference.

6 The tender has been prepared with an intention to invite prospective Bidders and
to assist them in making their decision regarding submission of bid. It is hereby
clarified that the tender booklet is for the purpose of providing the information to
the prospective Bidders to assist them in arriving or quoting the bid price and
participating in e-Tender. The tender document does not purport to contain all the
information Bidders may require. The tender document may not be appropriate for
all persons, and it is not possible for MMRDA to consider the investment objectives,
financial situation and particular needs of each Bidder.

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

7 The information contained in the tender is non–binding on MMRDA, any of its


authorities or agencies, or any of their respective officers, employees, agents, or
advisors. MMRDA makes no representation or warranty and shall incur no liability
under any law as to the accuracy, reliability or completeness of the information
contained in the bid document. Each Bidder shall consider the bid document as
per his understanding and capacity. The Bidders shall undertake appropriate
examination, enquiry and scrutiny of all aspects mentioned in the bid document
before bidding. Bidders are encouraged to take professional help of experts on
Urban Planning, Architecture, Urban Design, Infrastructure, Environmental
Planning, Financial, legal, technical, taxation, and any other matters / sectors
appearing in the document or specified work. Bidders shall also go through the bid
document in detail and bring to notice of MMRDA any kind of error, misprint,
inaccuracies, or omission in the document before pre-bid meeting. MMRDA
reserves the right not to proceed with the bid, to alter the timetable reflected in this
document, and to change the process or procedure mentioned in the bid in larger
public interest. MMRDA also reserves the right to decline to discuss the bid with
any party submitting a proposal.

8 Bidders submitting this proposal shall not be entitled for any type of reimbursement
from MMRDA. The Bidder shall bear all costs arising from, 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 MMRDA or any other
costs incurred in connection with or relating to its Bid.

9 The issue of the bid does not imply that MMRDA is bound to select and pre-qualify
Bids for any Bid Stage or to select the Bidder as the case may be, for the project
and MMRDA reserves exclusive right to reject all or any of the Bids without
assigning any reasons whatsoever.

10 MMRDA 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 the bid.

11 MMRDA, its employees and advisors make no representation or warranty and shall
have no liability (for any cost, damage, loss or expense which may arise from or is
incurred or suffered on account of anything contained in this bid or otherwise,
including but not limited to the accuracy, adequacy, correctness, completeness or
reliability of the bid and any assessment, assumption, statement or information
contained therein or deemed to be part of this bid or arising in any way with
eligibility of Bidder for participation in the Bidding Process) towards any Applicant
or Bidder or a third person, under any law, statute, rule, regulation or tort law,
principles of restitution or unjust enrichment or otherwise.

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

12 MMRDA also accepts no liability of any nature whether resulting from negligence
or otherwise howsoever caused arising from reliance of any Bidder upon the
statement contained in this bid.

13 Interested parties, after careful review of all the clauses of the Bid, are encouraged
to send their suggestions in writing to MMRDA on
bkcplotC13gblock@mailmmrda.maharashtra.gov.in Such suggestions, after
review by MMRDA, may be incorporated into this Bid as a corrigendum if found
appropriate in Larger Public Interest, to make the process more transparent and
competitive, and shall be uploaded onto the e-tendering portal:
https://mahatenders.gov.in/nicgep/app and MMRDA website:
https://www.mmrda.maharashtra.gov.in

14 The submitted bid/ drawings/ concepts/ IPR/ patents/ clarifications etc. shall be
exclusive property of MMRDA once submitted. The same shall be retained by
MMRDA and shall be produced by MMRDA for any deemed use for implementation
of project in Larger Public Interest. The Bidder shall have no right or claim on the
submitted drawings/ documents/ models/ presentations/ walkthrough etc. - soft and
hard copies and Bidder shall not seek any compensation for any information
submitted by Bidder to be used by MMRDA. The submission by Bidder empowers
MMRDA to retain and use information at MMRDA’s discretion multiple times in
multiple forums in multiple formats.

15 The information in the schematic drawing is for indicative purpose only and
MMRDA shall not be responsible for any change in the information and the
applicant shall get it verified from own sources about the same before bidding and
MMRDA shall stand indemnified by Bidder for any claims based on the above
information in the future.

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

Definitions

SNo. Terms Definitions


ACCEPTING Means MMRDA or the Competent Authority to accept
1)
AUTHORITY the bid.
Means the financial year commencing from 1st April of
ACCOUNTING
2) any calendar year and ending on 31stMarch of the next
YEAR
calendar year.
ADDITIONAL Means the facilities which the Agency may provide for
3)
FACILITIES the successful completion of the assignment.
Means an individual or an entity that directly or
4) AFFILIATE(S) indirectly controls, is controlled by, or is under common
control with the Agency.
AGENCY /
Means the successful Bidder selected through this e-
5) SELECTED
Tender after following all due procedure.
BIDDER
Means all laws, promulgated or brought into force and
effect by GOI or GOM including regulations and rules
APPLICABLE made there under, and judgments, decrees,
6)
LAWS injunctions, writs and orders of any court of record, as
record, as may be in force and effect during the
subsistence of this e-Tender / Agreement.
Means all clearances, permits, authorizations,
consents and approvals required to be obtained or
APPLICABLE
7) maintained under Applicable Laws in connection with
PERMITS
the said Project during the subsistence of the
Agreement.
Means Mumbai Metropolitan Region Development
8) AUTHORITY
Authority.
An Associate is an entity, including an unincorporated
9) ASSOCIATE
entity such as partnership, over which the investor has

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

SNo. Terms Definitions


significant influence and that is neither a subsidiary nor
an interest in a joint venture.
Means the committee constituted by MMRDA for
BID EVALUATION
10) evaluation and selection of the Bidder for bids received
COMMITTEE (BEC)
in response to this e-Tender document.
Bidder means an entity which is a Registered
Company/ Proprietorship Firm/ Partnership Firm/
11) BIDDER Limited Liability Partnership having its registered office
in India/ Outside India, and which is submitting its bid
pursuant to RFP documents
12) BUA Means the Permissible Built Up Area on the given plot.
Means the occurrence of any of the following after the
date of Financial Bid:
the enactment of any new Indian law; the repeal,
modification or re-enactment of any existing Indian law;
the commencement of any Indian Law which has not
13) CHANGE IN LAW
entered into effect until the date of financial Bid; a
change in the interpretation or application of any Indian
law by a court of record as compared to such
interpretation or application prior to the date of financial
Bid.
Means a Company incorporated and existing under
14) COMPANY
Companies Act, 1956 or 2013 whichever is applicable.
As used anywhere in the document shall mean Officer
15) CTCP working as Chief, Town and Country Planning Division
of MMRDA.
Means Calendar day of 24 hours from midnight to
16) DAY midnight irrespective of the number of hours worked in
any day in that week.
DOCUMENT OR Means documentation printed or in written form, tapes,
17)
DOCUMENTATION discs, drawings, computer programmers, writings,

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

SNo. Terms Definitions


reports, photographs, cassettes, or expressed in any
other written, audio or visual form
Means such professionals and support staff who at the
FOREIGN
18) time of being so provided had their domicile outside
PERSONNEL
India.
19) FSI Floor Space Index.
20) GOVERNMENT Means the Government of Maharashtra.
21) INR Means Indian Rupee (s).
Means the Instructions to Bidders that provides the
22) ITB Bidders with all information needed to prepare their
Proposals.
LOCAL Means Municipal Corporation of Greater Mumbai
23)
AUTHORITY (MCGM).
Means such professionals and support staff who at the
LOCAL
24) time of being so provided had their domicile inside
PERSONNEL
India.
Means the Mumbai Metropolitan Region Development
25) MMRDA
Authority.
Means such person or persons as may be authorized
in writing by Metropolitan Commissioner, MMRDA or
MMRDA the OIC to act on its behalf under this Agreement and
26)
REPRESENTATIVE shall include any person or Persons having authority to
exercise any rights or perform and fulfil any obligations
of MMRDA under this Agreement
OFFICER OR Means the OFFICER -IN-CHARGE (OIC) of the work
27) OFFICER -IN- for the time being appointed by Metropolitan
CHARGE (OIC) Commissioner, MMRDA
OFFICER’S mean an assistant / representative of the OFFICER -
28)
REPRESENTATIVE IN-CHARGE
Means the Technical Proposal and the Financial
29) PROPOSAL / BID
Proposal of the Consultant.

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

SNo. Terms Definitions


Means this document containing terms and
RFP/e-Tender/Bid
30) conditions, instructions to Bidders and other relevant
Document
info related to lease of plot under reference in BKC

Note: The meaning and interpretation of the definition(s) or any clause in the e-Tender
as interpreted by the Metropolitan Commissioner, MMRDA shall be final and binding
and in larger public interest(s).

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

Invitation

Ref.No. TCP(P-2)/BKC/Misc/1427/Commercial/C13/2023 Dated: 15.05.2023

1. MMRDA hereby invites Bids through Mahatender’s e-Tendering Portal for “Lease
of Commercial Plot No. C-13, G-Block of Bandra-Kurla Complex”. Bidders shall
study the bid document carefully before submitting their bids. Submission of a bid
in response to this notice shall be deemed to have been done after careful study
and examination of this document with full understanding of its terms, conditions
and implications.

2. Bidders should have valid Class 3 Digital Signature Certificate (DSC) having both
Signing and Encryption Certificates obtained from any Certifying Authorities
empanelled by Controller of Certifying Authorities India.

3. Registration for e-bidding must be done by the entity bidding for the project. A brief
note on registration process for the e-bidding portal and for obtaining the DSC is
attached as “Annexure-K at 6.7".

4. The Bidders who desire to participate in the bidding process shall register on
https://mahatenders.gov.in/nicgep/app. Bidders, who are participating in e-
tendering for the first time, will have to register and obtain User ID & Password from
the Mahatender portal.

5. The complete bidding document is available on


https://mahatenders.gov.in/nicgep/app for download.

6. In case of any queries, Bidders may contact MMRDA’s e-tendering service desk at
support-eproc@nic.in or call us on 022-26597445.

7. The Proposals shall be received online on E-Tendering portal


https://mahatenders.gov.in/nicgep/app and opened by the Chief, Town & Country
Planning Division, MMRDA on scheduled date and time.

8. If there is any amendment in the tender, the same shall be published on following
e-Tender portals / website:

Mahatender Portal: https://mahatenders.gov.in/nicgep/app


MMRDA Website: https://mmrda.maharashtra.gov.in

9. The detailed e-Tender notice along with the subsequent corrigendum, addendum
etc. shall form part of the tender document.

10.The acceptance of bid will be intimated by email or otherwise by the authority


competent to accept the bid or by the higher Authority of MMRDA, to the Bidder,
which shall be deemed to be an intimation of the tender given by the Authority
Competent to accept the tender.

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

11.The downloaded bidding document shall be considered valid for participation in the
electronic bidding process (e-tendering) subject to the submission of prescribed
tender/ bidding document fee and EMD

12.The Bidder shall be selected as per procedures described in the bid document.

13.The Bidder (authorized signatory) shall submit their offer online in electronic
formats for Pre-Qualification, Technical Bid and Financial Bid (Envelope A, B & C
respectively). However, Tender Document Fees, and Earnest Money Deposit
(EMD) shall be deposited in the account details provided in the bid document.

14.MMRDA shall not be responsible for delay in online submission due to any reason.
For this the Bidders shall upload the complete bid proposal well in advance so as
to avoid any unforeseen problems.

15.The Bidders shall refer “Bidders Manual Kit” available at https://mahatenders.gov.in


for details about e-tendering process.

16.The Bidders shall submit a Bid specifying which category the bid is submitted. In
case of Consortium, the Category of the Lead Partner shall be considered as the
Category for Bidding. Bidder shall submit a single Bid in ANY ONE category only.

17.The bid document includes information for the Bidders in the following chapters:

Sr.No. Chapters
1. Summary & Key Information
2. Introduction
3. Tender Details
4. Instruction to Bidders
5. Annexure
6. Additional Information
7. Pre-Qualification ‘Envelope A’
8. Technical Bid ‘Envelope B’
9. Financial Bid ‘Envelope C’
10. Reference Documents

S.V.R. Srinivas,
Metropolitan Commissioner,
MMRDA

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CHAPTER- 1
SUMMARY AND KEY INFORMATION

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

CHAPTER 1: SUMMARY & KEY INFORMATION

1.1 Key Events

S.No. Information Details


1. Advertisement Date 15.05.2023
2. Download Start Date 15.05.2023
Last date to send in 30.05.2023, 10:00 hrs (IST)
3. requests for
clarifications
4. Site Visit 30.05.2023 (Tuesday), 11:00 hrs (IST)

01.06.2023 (Thursday), 15:00hrs (IST)


Date, Time and place Location: 4th Floor, Committee Room, New MMRDA
of Pre- Bid meeting Building, BKC, Bandra (E), Mumbai-400051 + Video
5. conference link (Prospective / Interested Bidders must send
(video conference
facility) a request email to
bkcplotC13gblock@mailmmrda.maharashtra.gov.in to
receive the Video Conferencing Link- Refer Annexure 10.4
Release of response Mahatender Portal:
6. to clarifications would
be available at https://mahatenders.gov.in/nicgep/app

Last date (deadline) 17.07.2023 on Mahatender Portal:


7. for online submission
of bids https://mahatenders.gov.in/nicgep/app

from 17.07.2023, 17:01 Hrs to 17.07.2023, 18:00 Hrs on


8. Closing of Tender Mahatender Portal:
https://mahatenders.gov.in/nicgep/app
Envelope A
on 19.07.2023, 11:00 Hrs on Mahatender Portal:
9. (Pre-Qualification)
https://mahatenders.gov.in/nicgep/app
Opening Date & Time
Envelope B
10. (Technical Bid) To be informed later to eligible Bidders
Opening Date & Time
Envelope C
11. (Financial Bid) To be informed later to eligible Bidders
Opening Date & Time
Chief, Town & Country Planning
Address for Mumbai Metropolitan Region Development Authority
communication for (MMRDA),
seeking clarifications T&CP Division, 3rd Floor, MMRDA New Building,Bandra-
12. on e-tender. Kurla Complex, Bandra (East), Mumbai- 400051
(During office hours Tel: 022-26594079 Fax: 022-26594178
on working days) Email: bkcplotC13gblock@mailmmrda.maharashtra.gov.in;

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

1.2 E-Tender Summary


Name of
Mumbai Metropolitan Region Development Authority (MMRDA),
the
Mumbai, Maharashtra, India
Authority
Name of E-Tender for Lease of Commercial Plot C-13 from G-Block of Bandra-
Document Kurla Complex
Selection
Three Envelope System (Envelope – A, B & C) through e-Tender
Process
Category Institutes in Technical Documents to be submitted in
Number Category Eligibility e-Envelope B (Form No:)
and Criteria (TEC)
Category
Head
(1) (2) (3) (4)
1. a) Public 1.1 Bidder shall 1.1 Supporting Documents
Financial Sector be a Company proving that the Bidder is
Services Banks Registered Registered under The
(Refer b) Foreign under The Companies Act, 2013
Forms at Banks Companies Act, Supporting Documents
8.1) c) Private 2013 proving that the Bidder is
Sector Competent to enter into
Banks AND contract under The Indian
d) Merchant Contract Act, 1872.
Bankers Bidder shall be For Companies incorporated in
e) Non- Competent to India, Certificate of Incorporation/
Banking enter into Registration under Companies
Financial contract under Act, 2013.
Companies The Indian Memorandum and Articles of
Eligibility f) Housing Contract Act, Association.
Finance 1872. For Global players, equivalent
Criteria Companies Certificate in the Country of
g) Insurance Incorporation.
Companies 1.2 Bidder shall 1.2 Turnover and Networth
h) Asset have a • Audited Financial Statement
Manageme minimum Gross for Financial Year 2021-22;
nt Turnover of Rs. and
Companies 100 Crores with • Statutory Auditor’s
and Mutual minimum Certificate/ Certificate from
Fund Networth of Rs. Certificate from Chartered
i) Others 50 Crores in the Accountantof the Bidder
Financial Year clearly specifying the Gross
For details 2021-22, as per Turnover for the Financial
please refer the Audited Year 2021-22.
below. Note1. Balance Sheet • Statutory Auditor Certificate/
of the Bidder at Certificate from Chartered
the time of Accountant of Bidder
submission of specifying the Networth for
the bid. the Financial Year 2021-22.
Note 1.
The type of institutions falling under this Category are detailed as below:
a) Public Sector Banks

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

A public Sector Bank or a Financial Institution constituted and established by or


under an Act of Parliament.
b) Foreign Banks
A Foreign Bank, having Branch Operations in India and licensed by the Reserve
Bank of India, under the Banking Regulation Act, 1949, subject to the provisions
of the FEMA Act, 1999, in case of foreign banks.
Foreign institutional investor, Registered with Securities and Exchange Board of
India (SEBI) and Reserve Bank of India (RBI) under the guidelines issued by
Government of India in September 1992, subject to the provisions of the FEMA
Act, 1999, in case of foreign banks.
c) Private Sector Banks
A Public limited Company under Companies Act, 2013, which has been licensed
by the Reserve Bank of India under Section 22 of the Banking Regulation Act,
1949, and which is included in the second schedule to the Reserve Bank of India
Act, 1934, under the RBI Guidelines for the entry of new Private Sector Banks
and which has become operational as on the date of tender.
OR
An existing bank in the private sector licensed by RBI

d) Merchant Bankers
A Financial Service Company duly Registered with SEBI as a Category-I of
Merchant Bankers engaged for at least one year in the business of merchant
banking.
OR
An Asset Management Company duly Registered with SEBI and managing a
domestic or off-shore fund.
e) Non-Banking Financial Companies
A Non-Banking Financial Company Registered with the Reserve Bank of India
and engaged for at least one year in the business of Leasing, Hire Purchase,
Housing Finance or any other form of lending or investment activity.
f) Housing Finance Companies
Housing Finance Company Registered under Section 29A of the National
Housing Bank Act, 1987.
g) Insurance Companies
Insurance company licensed by the Insurance Regulatory Development
Authority.
h) Asset Management Companies and Mutual Fund
Companies set up under the provisions of the Indian Trust Act 1882 and
Registered under the SEBI Mutual Fund Regulations, 1996.
i) Others
Stock Exchange/Bullion Associations, and Financial Institutions and Finance
Companies owned or controlled by the State Government, Co-operative Banks
licensed by RBI.
Category Institutes Technical Eligibility Documents to be
Number in Criteria (TEC) submitted in e-
and Category Envelope B (Form No:)
Category
Head
(1) (2) (3) (4)
2. Front Corporate 2.1 Bidder shall be a 2.1 Supporting
Ranking or Regional Company Registered Documents proving that
Indian or Offices of under The Companies the Bidder is Registered
Foreign leading Act, 2013[Partnership under The Companies
Companies Indian firms are not Act, 2013.
(Refer Companies considered eligible] Supporting Documents
Forms at proving that the Bidder
8.2) OR AND is Competent to enter
into contract under The

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

Regional Bidder shall be Indian Contract Act,


Headquart Competent to enter 1872.
er and into contract under The • For Companies
Branch Indian Contract Act, incorporated in India,
Offices of 1872. Certificate of
the Foreign Incorporation/
Company. Registration under
Companies Act, 2013.
• Memorandum and
Articles of
Association.
• For Global players,
equivalent Certificate
in the Country of
Incorporation.
• Documents related to
approval of RBI and
FEMA Act Clearance.
2.2 Bidder shall be a– 2.2 Turnover and
Corporate or Regional Networth
Office of a leading • Audited Financial
Indian Company, Statement for
having a minimum Financial Year 2021-
Gross Turnover of Rs. 22; and
250 Crores with • Statutory Auditor’s
minimum Networth of Certificate/Certificate
Rs. 60 Crores in the from Chartered
Financial Year 2021- Accountant of the
22, as per the Audited Bidder clearly
Balance Sheet of the specifying the Gross
Bidder at the time of Turnover in the
submission of the Bid Financial Year 2021-
OR 22;
Foreign Company with • Statutory Auditor’s
Regional Headquarter Certificate/ Certificate
and Branch Offices in from Chartered
India having a Accountant of Bidder
minimum Gross specifying the
Turnover equivalent to Networth for the
Rs. 500 Crores with Financial Year 2021-
minimum Networth of 22.
Rs. 100 Crores in the
Financial Year 2021-
22, as per the Audited
Balance Sheet of the
Bidder at the time of
submission of the bid,
subject to the approval
of RBI and FEMA Act
1999.

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

Category Institutes in Technical Documents to be


Number and Category Eligibility Criteria submitted in e-
Category Head (TEC) Envelope B (Form No:)
(1) (2) (3) (4)
3. Information Companies 3.1 Bidder shall be a 3.1 Supporting
Technology engaged in Company Documents proving that
and Tele- Business of Registered under the Company is
communicatio Information The Companies Act, engaged in business of
ns Technology 2013, engaged in Information Technology
(Refer Forms at & Data business of & data processing
8.3) Processing Information including software
including Technology & data development & IT
Software processing including enabled services
Developmnt software specified in Column (2)
& IT- development & IT for at least 3 years
Enabled enabled services for Supporting Documents
Services; at least 3 years of Registration/
Telecommu Membership as
nications AND specified in Column (2)
including • For Companies
Cellular Bidder shall be incorporated in India,
Telephone Competent to enter Certificate of
Services, into contract under Incorporation/
Paging, Call- The Indian Contract Registration under
centers, Act, 1872 Companies Act, 2013.
Value Added • Memorandum and
Services, Articles of
etc. with Association.
Registration/ • For Global players,
Membership equivalent Certificate
of TRAI, in the Country of
STPI, Incorporation.
NSCT,
SEEPZ, 3.2 Bidder shall have 3.2 Turnover and
ESC, a minimum Gross Networth
NASSCOM, Turnover of Rs. 100 • Audited Financial
Ministry of Crores with minimum Statement for
Information Networth of Rs. 50 Financial Year 2021-
Technology, Crores in the 22; and
Department Financial Year 2021- • Statutory Auditor’s
of 22, as per the Certificate/ Certificate
Telecommu Audited Balance from Chartered
nications Sheet of the Bidder Accountant of the
etc. at the time of Bidder clearly
submission of the specifying the Gross
bid. Turnover in the
Financial Year 2021-
22.
• Statutory Auditor’s
Certificate/ Certificate
from Chartered
Accountantof Bidder

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

specifying the
Networth for the
Financial Year 2021-
22.

Category Institutes in Technical Documents to be


Number and Category Eligibility Criteria submitted in e-
Category Head (TEC) Envelope B (Form No:)
(1) (2) (3) (4)
4. Corporate Corporate 4.1 ‘Sole Bidder’ or 4.1 Supporting
Developers Developers. ‘Lead Bidder’ along Documents proving that
(Refer Forms at with ‘Consortium the Sole Bidder/Lead
8.4) Partners’ shall each Bidder/ Consortium
be a Partner is Registered
Corporate Company under The Companies
Developers Registered under Act, 2013.
shall cater to The Companies Act, Supporting Documents
agencies/firms 2013 proving that the Sole
mentioned in Bidder/ Lead Bidder/
Six Categories AND Consortium Partner is
indicated in Competent to enter into
Table 2 at sub- ‘Sole Bidder’ or contract under The
clause 4.8.1 ‘Lead Bidder’ along Indian Contract Act,
below. with ‘Consortium 1872.
Partners’ shall each • For Companies
be Competent to incorporated in India,
enter into contract Certificate of
under The Indian Incorporation/
Contract Act, 1872. Registration under
Companies Act,
Joint Venture of 2013.
Corporate • Memorandum and
Developers is Articles of
eligible to bid Association.
provided the • For Global players,
Partners are equivalent Certificate
Registered under in the Country of
The Companies Act, Incorporation.
2013. (Maximum of 3 Participation in Bid
Partners in Joint shall be subject to
Venture including RBI clearance and
Lead Bidder.) compliance of other
Further a pre- FDI guidelines.
established Joint • In case of JV, a draft
Venture Company agreement of Joint
fulfilling the Venture among the
foregoing criteria can partners shall be
also be considered signified prior to
eligible to bid. executing the Lease
Deed with MMRDA.
• In case of JV, state
the proportion of

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

shares of partners in
the Joint Venture
Company/partnership
firm to be established
which shall remain
unchanged till the
Lease Deed is
executed
4.2 Sole Bidder or all 4.2 Turnover and
members of the JV Networth
Consortium • Audited Financial
combined shall have Statement for
a minimum Gross Financial Year 2021-
Turnover of Rs. 100 22; and
Crores with minimum • Statutory Auditor’s
Networth of Rs. 50 Certificate/ Certificate
Crores in the from Chartered
Financial Year 2021- Accountantof the
22, as per the Bidder clearly
Audited Balance specifying the Gross
Sheet of the Bidder Turnover in the
at the time of Financial Year 2021-
submission of the 22.
bid. • Statutory Auditor’s
Certificate/ Certificate
from Chartered
Accountant of Bidder
specifying the
Networth for the
Financial Year 2021-
22.
4.3 Sole Bidder or all 4.3 Certificate from
members of the Government Authorized
Consortium Valuer for having
combined shall have carried out projects of
carried out projects more than Rs. 100
of not less than Crores in the last 5
Rs.100 Crores in the consecutive years,
last 5 consecutive including at least one
years which should major modern Office
include at least one Complex with an area of
major modern Office not less than 3,000 sq.m
Complex with an B.U.A., as per the format
area of not less than prescribed in Form 4.3 of
3,000 sq.m. B.U.A. clause 8.4.3.
Category Institutes in Technical Documents to be
Number and Category Eligibility Criteria submitted in e-
Category Head (TEC) Envelope B (Form No:)
(1) (2) (3) (4)
5. Regulatory Offices of Not Applicable (NA) Copy of Notification or
Authorities Central and Relevant Act for
State

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

(Refer Forms at Government establishment of


8.5) and Public Regulatory Authority.
Sector
Undertaking
s connected
with Finance
and Trade
activities in
IFBC offices
of other
Regulatory
Authorities.
NOTE:
a. Agencies in Categories (1), (2), (3) and (5) mentioned above can assign upto
only 40% of Built Up Area to other Agencies falling under all the Categories as
mentioned in Table 2 at sub-clause 4.8.1, within 5 years from completion of
Building Construction (Post Occupation Certificate)and balance 60% can be
assigned after 5 years. Provided that the said 40% Floor Space for assignment
to other agencies shall be preferably demarcated on the drawings submitted to
MMRDA.
b. Agencies in Categories (1), (2), (3) and (5) mentioned above can
underlet/sublet/Leave and License the premises to agencies falling under the
categories mentioned in Table 2 at sub-clause 4.8.1 below.
c. Agencies in Category 4 (Developer Category),can assign upto 100% of the
Built Up Area to other agencies falling under all the categories mentioned in
Table 2 at sub-clause 4.8.1 given below post execution of the Lease Deed.
d. Agencies in Category 4 (Developer Category) mentioned above can
underlet/sublet/Leave and License the premises to agencies falling under the
categories mentioned in Table 2 at sub-clause 4.8.1 below.
e. In the above and below table the meaning of 'Networth' shall be the paid up
share capital plus free reserves plus free surplus in the profit and loss account
less unprovided depreciation less the balance of deferred revenue expenditure.
The balance in Revenue Reserve Account shall not be considered in determining
the Networth.

Mode of Payment of Lease Premium


As per the Regulation 9 of the MMRDA (Disposal of Land) Regulations,
1977, (as amended in the year 2015) 30% of the Premium shall be
paid within one month from the date of offer letter and balance 70%
Payment within 8 months in equal instalments thereafter.
Payment of Other Charges:
Terms
In addition to the Premium payable by the allottee, the following
charges will have to be paid separately:
a) Legal documentation charges.
b) Stamp Duty leviable on each document under the Bombay Stamp
Act, 1958.

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

c) Charges for the registration of any document under The Indian


Registration Act.
d) Fees and charges including Development Charge payable to the
Metropolitan Authority and to the Municipal Corporation of Greater
Mumbai along with the application for permission to erect the
intended building or buildings.
e) Charges payable to the Municipal Corporation of Greater Mumbai
for application to obtain supply of water etc.,
f) Municipal taxes, Non-Agricultural Assessment and any other taxes
leviable on the tendered plot will also be paid by the Lessee.
g) All rates, taxes, charges, claims and outgoings including electricity
and water charges chargeable against the Lessee or occupier in
respect of the said land or any building erected thereon.
h) The Land Revenue and Cess assessed or which may be assessed
on the said land.
i) The Annual Rent payable by successful Bidder shall be Re. 1/- per
sq. mtr. of the Plot Area for the 1st year and will be increased by
10% over the rent of the previous year.
Additional a) The Sole Bidder/ all members in the JV/ Consortium shall not be
Conditions debarred/ blacklisted by any Government body/ PSU in India as
on date of submission of the Bid. Self-Declaration by letter
signed by the Authorized Signatory of the Bidder (Refer Form 5
at 7.5)
b) In case, if the Sole Bidder/ all members in the JV/ Consortium is
from the Country sharing land border with India, the Bidder shall
refer and comply with sub-clause no. 4.1(4) of e-tender
document, for Bidders sharing land border with India, Format of
Self-Attested Declaration as per the prescribed format shall be
submitted.
OR
If the Sole Bidder/ all members in the JV/ Consortium has a
Specified Transfer of Technology (ToT) arrangement with an entity
from a country which shares a land border with India, in terms of
the said amendments to GFR, 2017. (Refer Form 6 at 7.6)

Note- All International Bidders participating in the e-tendering


process are required to duly apostille all their documents from the
Indian Embassy of their home country. Apostillation of the
documents should be in accordance to The Hague Convention
1961. (https://mea.gov.in/apostille.htm)

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

Rs. 1 Lakh only + GST (non-refundable) by way of electronic transfer


Tender Fee
through Mahatender Portal.
The Earnest Money Deposit is of Rs.30 Crores and 5 Lakhs, of which
Rs. 5 Lakhs has to be paid Online by using following Modes of
Payment:
Online payment gateway (i.e. Debit Card/Credit Card/Net-Banking)
RTGS / NEFT mode using the System Generated Unique Challan
Earnest
(Account No for EMD transaction for this particular Tender is
Money
mentioned in the Challan)
Deposit
The remaining amount of Rs. 30 Crores needs to be submitted through
a Bank Guarantee having validity till Bid Validity Period. (Soft copy to
be uploaded). The successful Bidder shall extend the Bank Guarantee
submitted against EMD till 100% payment of the lease premium is
made to MMRDA.
Bid Validity
(180) One-hundred-and-eighty days from opening of e-Envelope A.
Period
Last date
for Signing
As intimated in Offer Letter of MMRDA
of Lease
Deed

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

CHAPTER- 2
INTRODUCTION

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

CHAPTER 2: INTRODUCTION

This tender presents a unique opportunity establish Offices & Business Centre in the
International Finance and Business District Centre (IFBC) of Mumbai, Bandra-Kurla
Complex.

2.1 Bandra-Kurla Complex and International Finance and Business Centre

Mumbai Metropolitan Region Development Authority (MMRDA) constituted under the


Mumbai Metropolitan Region Development Authority Act, 1974 has been developing
Bandra-Kurla Complex (BKC) as a Finance and Business District Centre at centrally
located place in Greater Mumbai. A large number of Financial Institutions and Banks
such as UTI, ICICI, IL&FS, NABARD, NSE, BOI, CITI Bank, SBI, Dena Bank, SEBI
have already established their offices in BKC. Others like SIDBI, Punjab National Bank
and Canara Bank have committed to establish their offices in BKC. An International
Convention and Exhibition plot of 7.5 Ha has also been allotted and is nearing
completion. BKC is thus emerged as a premier business district centre of Mumbai.
IFBC will accommodate Six Categories of offices (i) Financial Institutions, Banks and
Insurance Agencies, (ii) Front Ranking Indian or Foreign Companies, (iii) Information,
Data Processing, Computers & Telecommunications Companies, (iv) Trade and
Business Promotion Agencies, (v) Regulatory Authorities and (vi) Business Support
Services. The institutes permissible under these Six Categories are given in section
4.8.

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

The IFBC is being developed with wide range of supporting facilities such as water
supply, sewerage, electricity, telecommunication systems, wide roads and foot paths.
The IFBC is expected to generate significant number of jobs once the development is
completed. A proposal of Bandra and Kurla Metro-rail link passing through BKC is
under construction by MMRDA.

2.2 Hotels and Restaurants in BKC

C-57 & 58,


Sofitel Hotel

C-56, Trident
2.3 Prominent Buildings in BKC Hotel

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

CHAPTER- 3
E-TENDER DETAILS

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

CHAPTER 3: E-TENDER DETAILS

3.1 Offer from MMRDA


MMRDA intends to lease for a term of 80 years, a Commercial plot C-13 located in G-
Block of Bandra-Kurla Complex (BKC), for Commercial use as mentioned in section
3.3 to the Eligible organizations (Refer Chapter 4 - Eligibility Criteria, Section 4.8,
Table 1 & Table 2) belonging to following Broad Categories:
i) Financial Services such as Banks, Financial Institutions, Non - Banking
Financial Companies, Housing Finance Agencies, Merchant Banks, Insurance
Agencies, Asset Management Companies and Mutual Funds.
ii) Corporate or Regional offices of leading Indian Companies with a minimum
Gross Turnover of Rs. 250Crores and minimum Networth of Rs.60Crores in
the Financial Year 2021-22 and in case of Foreign Companies with Regional
Headquarters and Branch Offices in India, a minimum Gross Turnover
equivalent to Rs. 500 Crores and minimum Networth of Rs. 100 Crores in the
Financial Year 2021-22. (Partnership firms are not considered eligible) Lease
of plot to Foreign Companies will be subject to approval of Reserve Bank of
India.
iii) Organization engaged in Information Technologies &Telecommunications.
iv) Corporate Developers to cater to above three Categories and to other
Commercial Activities related to Financial Institutions, Banks and Insurance
Agencies, Front Ranking Indian or Foreign Companies, Information
Technologies, Data Processing, Computers & Telecommunications
Companies, Trade and Business Promotion Agencies
v) Regulatory Authorities
In case of above Categories except in 2ndand 5thCategory, the Gross Turnover
of the Bidder’s business during the Financial Year 2021-22 shall not be less
than Rs. 100 Crores and the Bidder shall have minimum Networth of Rs. 50
Crores as per the Financial Year 2021-22.
3.2 Particulars of Land
Details of the Commercial Plot being offered on 80 year lease are as follows: -

Plot Plot Permissible Permissible User Access Road


No. Area in BUA in Width
sq.m. sq.m. (in m)
Commercial 30m
(30% Mixed Residential Use (South Side),
C-13 7071.91 45,000.00 may be permitted on receipt 18m
of Government Approval, (West Side)
Refer Para-3.3,e)

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

Note:
a. Plot area might undergo minor changes after demarcation. However, the maximum
permissible Built-Up Area (BUA) will remain same. The Bidder will have to quote
lease premium rate per sq.m for permissible Built-Up Area. (No fungible FSI is
permitted for this plot)
b. MMRDA shall not be responsible for non-consumption of permissible Built-up Area
and no waiver/refund in premium amount shall be granted on account of non-
consumption of permissible BUA.
c. MMRDA at its discretion and on written request of the lessee may consider to grant
Additional Built-Up Area over and above the permissible Built-Up Area mentioned
above throughout the lease period. The rate of premium (per sqm of Additional
Built-Up Area) and permissible area of additional Built-Up Area, Permissible users
and all other factors shall be decided by the Authority as it may deem fit at the time
of allotment of such additional Built-Up Area for residual lease period of the plot.
However, such rate of premium for additional Built- Up Area shall not be less than
the highest lease premium rate received from successful Bidder for the plot under
reference during its allotment through e-tender.
A map indicating location of plot being offered is enclosed as Annex-C at 5.3.1.

3.3 Use of the Land


a. The land shall be applied for the erection of the building or buildings for
Commercial Use. The occupancies/users within Commercial use shall be
decided by MMRDA as per the Sanctioned Planning Proposals and
Development Control and Promotion Regulations amended from time to time
and as applicable to the said plot for scrutiny and granting of Building
Permission/Amendments if any during the Lease Period.
b. Lessees (as per Section 4.8.1) belonging to Categories (1), (2), (3) and (5), will
be able to transfer the Floor Space in accordance with the provisions of the
Lease Deed to the Categories mentioned in Section 4.8.1.
c. However, Lessees (as per Section 4.8.1) belonging to Categories (1), (2), (3)
and (5) can transfer only upto 40% of the Floor Space during the first five years
of the completion of the building for use of activities/ categories described in
Section 4.8.1 in accordance with the provisions of the Lease Deed and the
remaining 60% thereafter. Provided that the said 40% Floor Space shall be
preferably demarcated on the drawings submitted to MMRDA.
d. Where the Lessee is a Corporate Developer (i.e. Category 4, as per (as per
Section 4.8.1), entire floor space can be transferred to Categories (1) to (6)
specified in Section 4.8.1 in accordance with the provisions of the Lease Deed.
e. Authority has resolved to allow 30% mix user on the plots by carrying out
procedure u/s 37 of MR&TP Act, 1966. MMRDA on 23/08/2016 (for new plots)
& on 03/05/2018 (for under construction plots), has submitted the proposal to

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

Government for final sanction. However, Government’s sanction is still awaited.


Please note that the Government’s approval can be different from the
Authority’s resolution and it shall be binding on the Bidder. The Government’s
sanction as and when received shall also be applicable to the plot. This mixed
use will be the option to the Bidder for utilization on this plot within their
permissible BUA allotted. In any case, unutilized BUA will not be reduced/
returned from the permissible BUA.

3.4 Lease Period


a. As per MMRDA’s Land Disposal Regulation, 1977 as amended from time to
time the lease period for the given plot is 80 years from the date of signing of
Lease Deed.

3.5 Architectural and Other Controls


a. The proposed Commercial development shall confirm to the MMRDA Bandra-
Kurla Notified Area Development Control Regulations, 1979, (as amended time
to time) including Architectural Controls as specified, to be read with MCGM’s
DCPR 2034 approved by Govt. (as amended time to time).
b. The maximum permissible built up area of the plot will be as specified in the
section 3.2 above in accordance with the architectural & other controls and
urban form for that plot as specified by the MMRDA.
c. The maximum permissible height of the building shall be subject to limitations,
if any, set out from time to time by the Civil Aviation Department of Government
of India.
d. The successful Bidder will have to obtain Environment Impact Assessment
Clearance from Competent Authority. The plot is free of CRZ restrictions.
e. Subject to these controls and the MMRDA Bandra-Kurla Notified Area
Development Control Regulations, 1979, the provisions of the Brihan Mumbai
Municipal Corporation Act, 1888, the bye-laws and regulations made there
under, including DCPR 2034, and any directives issued by Statutory Authority
from time to time, the lessee will have full discretion to organize inner spaces,
both horizontally and vertically, as desired.
f. All Architectural controls guidelines are provided in Annex-D at 5.4.

3.6 Power, Water, Drainage, Solar Water Heating and Rain Water Harvesting
Infrastructure like roads, storm water drains, water supply, and sewerage is available
near the plots. The lessee will have to apply to the Adani Electricity Mumbai Limited
or the Tata Electric Company for electricity supply and to the Municipal Corporation of
Greater Mumbai for water supply. The lessee will have to provide necessary pumping
facilities for effective drainage in the basement of his building. The Lessee shall
provide solar water heating system in accordance with the guidelines issued by the

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

government from time to time in this regard. Further, the Lessee shall also provide the
provisions for rainwater harvesting in accordance with the guidelines issued by the
government from time to time.

3.7 Mode and Conditions of Disposal


Disposal of Plots by MMRDA is governed by the provisions of the MMRDA (Disposal
of Land) Regulations, 1977 as amended from time to time. The plots are intended to
be disposed of by e-Tender from eligible Bidders through public advertisement.

The successful Bidder would be required to enter into the Lease Deed with MMRDA.
After the receipt of full payment against the Lease premium, MMRDA will inform the
lessee for execution of the Lease deed and same shall be registered with sub-registrar
of Assurance.The Mumbai Metropolitan Region Development Authority (Disposal of
Land) Regulations, 1977, along with its Form 'D' (Lease Deed) is enclosed as Annex-
A at 5.1.

3.8 Development Controls


The proposed Commercial development shall conform to the MMRDA Bandra-Kurla
Notified Area Development Control Regulations, 1979 (as amended on time to time)
for plot no. C-13 is enclosed as Annex-B at 5.2.

3.9 Approvals
The Lessee shall obtain Statutory Approvals including Civil Aviation NOC,
Environmental Clearance, Fire Department NOC, Building Permission, etc. and pay
all fees of MMRDA/ MCGM/ GoM/ GoI, premium charges (including GST, CESS,
Stamp Duty and Development Charges) for the entire development.

3.10 Taxes
a. The Lessee shall pay all municipal taxes, rates, charges including NA
Assessment, etc. during construction and thereafter. Municipal taxes are
applicable from the date of execution of the lease deed.
b. The provisions of GST are not attracted to the lease of Plot under reference. If
applicable; it shall be the responsibility of MMRDA. Presently, Bidder shall not
consider GST in its offer to MMRDA.

3.11 Eligibility and Competency of Bidder


As specified in Section 4.8

3.12 Reserve Rate and Reserve Price

a. The Reserve Rate for the plot C-13 is Rs.3,44,500/- per sq.m. of permissible
built-up area. Any bid quoting lower than the reserve rate would stand
automatically rejected.

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b. The Reserve Price for the plot C-13 is Rs. 1,550.25 Crores for the
permissible Built-Up Area. Any bid quoting lower than the reserve price would
stand automatically rejected.
c. In addition for any permission to be obtained, all fees applicable as per DCR,
also applicable as per Notifications, GR's & Circulars issued by Competent
Authority, issued time to time, will have to be paid by the Bidder/ applicant.
d. Fees/payments related to Mortgage/ assignment/ sublease/ Leave &
License/change in status of lessee (Processing Fee will be Rs.25,000+
applicable taxes per application or as decided by Authority from time to time),
additional premium for extension of time for completion of construction, ground
lease rent, etc. will have to be paid by the allottee as mentioned in the Lease
Deed annexed as Form-D of MMRDA’s Land Disposal Regulation,1977 at
Annex-A at 5.1.
Provided that if prior consent of the MMRDA is not obtained in these cases,
MMRDA shall levy penalty for granting post-facto consent as may be decided
from time to time.

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CHAPTER- 4
INSTRUCTION TO BIDDERS

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

CHAPTER 4: INSTRUCTION TO BIDDERS

4.1 General Instructions

MMRDA hereby invites Bids through MMRDA’s e-Tendering Portal for “Lease of
Commercial Plot No. C-13, G-Block of Bandra-Kurla Complex”. Bidders shall study
the bid document carefully before submitting their bids. ‘Key information’, ‘e-Tender
Details’, ‘Instruction to Bidders’, ‘Form of Eligibility Criteria for Various Categories’,
Financial Offer’ etc is enclosed. You are requested to fill the bid and submit to MMRDA
duly signed and certified along with the Tender Fees on or before the closing date.

1 The Bidders shall deposit Tender Fees of Rs. 1,00,000/- (Indian Rupees One Lakh
Only) plus GST (non-refundable) by making an online payment during bid
preparation i.e. NEFT/RTGS. The details of MMRDA’s bank are as under:
Beneficiary Name: MMRD Fund
Bank Name: Bank of Maharashtra
Branch: Kalanagar, Bandra (East)
Account No: 60259778998
IFSC Code: MAHB0000164
2 Bids that are incomplete in any respect or those that are not consistent with the
requirements as specified in this bid document may be considered non-responsive
and may be liable for rejection.
3 Strict adherence to formats, wherever specified, is required. Non-adherence to
formats shall be a ground for declaring the Bid non-responsive.
4 Any Bidder from a country, which shares a land border with India, shall be
registered with the Competent Authority as mentioned in the directives issued by
Government of India from time to time. Bidders are supposed to read the Terms
and Conditions carefully and comply with the same in all respects. Refer Annexure-
N at 10.3. The Bidders that are part or not a part of the Country sharing border with
India shall submit a self-attested Declaration signed by the Authorized Signatory
of the Bidder. (Refer Form 6 at 7.6)
5 All communication and information should be provided in writing and in the English
language only.
6 The metric system shall be followed for units.
7 All communication and information provided shall be legible, and wherever the
information is given in figures, the same should also be mentioned in words. In
case of conflict between amounts stated in figures and words, the amount stated
in words will be taken as correct.
8 No change in, or supplementary information to a Bid shall be accepted once
submitted. However, MMRDA reserves the right to seek additional information from
the Bidders, if found necessary, during the course of evaluation of the Bid. Non-
submission, incomplete submission or delayed submission of such additional

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

information or clarifications sought by MMRDA, may be a ground for rejecting the


Bid.
9 The Bids shall be evaluated as per the criteria specified in this Bid. However, within
the broad framework of the evaluation parameters as stated in the bid document,
MMRDA reserves the right to make modifications to the stated evaluation criteria,
which would be uniformly applied to all the Bidders.
10 The Bid (and any additional information requested subsequently) shall also bear
the initials of the Authorized Signatory and stamp of the entity thereof on each page
of the Bid.
11 MMRDA reserves the right to reject any or all of the Bids without assigning any
reason whatsoever.
12 The Bidder shall submit the bid in only one of the categories mentioned in the
Section 4.8 Table – 1 of this document. Mere submission of information does not
entitle the Bidder to meet an eligibility criterion. MMRDA reserves the right to vet
and verify any or all information submitted by the Bidder.
13 If any claim made or information provided by the Bidder in the Bid or any
information provided by the Bidder in response to any subsequent query by
MMRDA, is found to be incorrect or is a material misrepresentation of facts, then
the Bid will be liable for rejection. Mere clerical errors or bonafide mistakes may be
treated as an exception at the sole discretion of MMRDA and if MMRDA is
adequately satisfied.
14 The Bidder shall be responsible for all the costs associated with the preparation of
the Bid. MMRDA shall not be responsible in any way for such costs, regardless of
the conduct or outcome of this process.
15 Tender Document and supporting for reference purpose can be downloaded during
the period mentioned in the Tender Notice from the Mahatender Portal at
https://mahatenders.gov.in/nicgep/app.
16 The tender document shall not be transferable to any other Bidder. The Bidder who
downloads the document and submits shall be the same.
17 The Bidders shall study all instructions, forms, drawings, terms, requirements and
other information in the tender documents carefully. Submission of bid shall be
deemed to have been done after careful study and examination of the tender
document with full understanding of its implications.
18 The response to the tender shall be full and complete in all respects. Failure to
furnish all information required in the tender document or submission of a proposal
not substantially responsive to the tender document in every respect shall be at the
Bidder's risk and shall result in rejection of its Proposal.
19 All materials submitted by the Bidder shall be the absolute property of MMRDA and
no copyright /patent etc. shall be entertained by MMRDA.

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

20 The Bidder shall send in their queries by email at


bkcplotC13gblock@mailmmrda.maharashtra.gov.in.The response to the queries
shall be published on MMRDA website https://mmrda.maharashtra.gov.in and
Mahatender Portal at https://mahatenders.gov.in/nicgep/app. No telephonic
queries shall be entertained. This response of MMRDA shall become integral part
of tender document.
21 All the amendments made in the document shall be published at MMRDA website
and at Mahatender Portal https://mahatenders.gov.in/nicgep/app and shall be part
of tender.
22 The Bidders shall visit the aforementioned website on regular basis for checking
latest updates of the tender document. The MMRDA also reserves the rights to
amend the dates mentioned in the tender for successful bid process in larger public
interest.
23 If MMRDA deems it appropriate to revise any part of the tender or to issue
additional data to clarify an interpretation of provisions of the tender, it may issue
corrigendum to the tender. Any such corrigendum shall be deemed to be
incorporated by this reference into the tender.
24 MMRDA shall terminate the tender process at any time and without assigning any
reason and MMRDA shall not be held responsible for any cost incurred by the
Bidder in bid preparation. MMRDA reserves the right to amend/edit/add delete any
clause of the Bid Document. However this shall be informed to all and shall become
part of the bid /tender
25 Digitally signed & unconditional online tender is invited by the MMRDA from the
agencies subject to the following:
The Bidder shall have valid appropriate class III Digital Signature Certificate (DSC)
obtained from any Certified Authorities. In case of requirement of DSC, Bidder must
follow the document procedure for application of DSC mentioned at
https://maharashtra.etenders.in/mah/DigitalCerti.asp.
The Bidder who are participating in e-Tendering for the first time shall have to
obtain User ID & Password from the above mentioned portal.
26 Tender Document and supporting can be downloaded for reference purpose from
the e-Tender Portal of MMRDA during the period mentioned in the Tender Notice.
Further interested Bidders who wish to submit bid will have to make requisite
payment towards tender fee and Earnest Money Deposit (EMD) mentioned in the
tender document. The tender fee shall be non-refundable.
27 Tender will be received online on the above mentioned Mahatender Portal and will
be opened by Bid-Evaluation Committee (BEC) on the scheduled date & time.

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4.2 Earnest Money Deposit


Sr.No. Item Details
1 EMD Rs. 30,05,00,000/- (Rs. Thirty Crores and Five Lakhs
only) –
• Rs. 5,00,000/- (Rs. Five Lakh only) by electronic
transfer through Mahatender portal
a) Online payment gateway (i.e. Debit Card/Credit
Card/Net-Banking.)
b) RTGS / NEFT mode using the System Generated
Unique Challan (Account No. for EMD transaction for
this particular Tender is mentioned in the Challan) AND
• Rs. 30,00,00,000/- (Rs. Thirty Crores only) by Bank
Guarantee (Scanned copy to be uploaded).
a. The EMD shall be denominated in Indian Rupees only. No interest shall be
payable to the Bidder on the amount of the EMD.
b. The Bids submitted without adequate EMD shall be liable for rejection.
c. The EMD of Unsuccessful Bidders shall be returned to the respective
Unsuccessful Bidder within 90 days from the date of opening of the e-Envelope
C (Financial Bid).
d. The Bank Guarantee submitted as part of Earnest Money Deposit (EMD) shall
be valid till the bid validity period as mentioned in Section 1.2. The successful
Bidder shall extend the Bank Guarantee submitted as part of Earnest Money
Deposit (EMD) till 100% of the premium amount is paid to MMRDA.
e. The EMD amount of Successful Bidder paid online shall be adjusted with the
70% Premium amount instalment to be paid in the last month. If the successful
Bidder is unable to pay the premium amount in the specified time frame, the
EMD shall be forfeited.
f. The EMD shall be non-transferable.
g. The EMD shall be forfeited:
• If a Bidder withdraws its bid.
• If successful Bidder fails to sign the Lease deed within specified time in
accordance with the format given in the tender.
• If during the bid process, a Bidder indulges in any such deliberate act as
would jeopardise or unnecessarily delay the process of bid evaluation and
finalisation. The decision of MMRDA regarding forfeiture of the Bid
Security shall be final and binding upon Bidders.

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

• If during the bid process, any information is found false/fraudulent/mala


fide, then MMRDA shall reject the bid and, if necessary, initiate
appropriate action.
h. The Proposal not submitted in accordance with the procedure and formats
prescribed in this document and adhering to the timeline shall be treated as
non-conforming Proposal.
i. If the offer of Bidder is not accepted by MMRDA for reasons not attributed to
Bidder MMRDA shall refund the EMD without interest.
4.3 Payment procedure for NEFT/RTGS
Partial EMD Payment of Rs.5,00,000/- (Online) as mentioned above has to be made
through RTGS / NEFT mode using the System Generated Challan. Bidders should
ensure that the payment of the EMD is made at-least 5 working days prior to the last
date of Bid Preparation and Submission of the Tender Schedule to have seamless
submission.

Bidders need to upload scanned copies of receipt of EMD paid online and Bank
guarantee (BG) during bid preparation.

Bidders failing to complete the payment of EMD using the above mentioned process
will not be able to submit their bids.

Tender Cost Receipt & EMD Receipt must be uploaded in the Tender submission by
the Bidder. The Bidders must also present the physical copy of the Bank Guarantee
on request.

MMRDA reserves the right to verify financial transaction of Agency in his Bank /
Financial Institutions. Agency should give authority to that effect along with his
accounts number and Bank/ Financial Institution name & address. Any changes /
modification may be communicated to MMRDA immediately.

4.4 Validity of the offer & Earnest Money Deposit (EMD)


The offer shall remain valid for acceptance by the MMRDA for a period of 06 months
effective from the date of opening of e-Envelope A and shall not be revocable by the
Bidder during such period. Any revocation contrary to such condition will entail the
forfeiture of the EMD paid by such Bidder. On receipt of the written request, MMRDA
will refund the EMD of the Non-Eligible Bidder within 90days from the receipt of
request. The EMD of the Unsuccessful Bidder in Envelope C will be refunded within
90 days after the e-Tender process is completed.
The EMD will bear no interest. The payment of EMD by the Bidders as per the
procedure stated in this Tender Document shall not be construed that he/she is
eligible.

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4.5 Extension of validity of offer


In the exceptional circumstances, prior to expiry of the validity period, the MMRDA
may extend the validity period for a specific period not exceeding 6 months.

4.6 Language of Bids


The bid shall be submitted in English language only. If any supporting documents
submitted are in any language other than English/Hindi/Marathi, translation of the
same in English language is to be duly attested by the Bidder and submitted with the
bid, and English translation shall be validated at MMRDA’s discretion. All figures/
currencies shall be in Indian Rupees.
4.7 Patent claim
In the event of any claim asserted by a third party of Infringement of Copyright, Patent,
Trademark or Industrial Design Rights arising from the use of the Goods or any part
thereof, the Bidder shall expeditiously extinguish such claim. If the Bidder fails to
comply and MMRDA is required to pay compensation to a Third Party resulting from
such infringement, the Bidder shall be responsible for such compensation, including
all expenses, court costs and lawyer fees. MMRDA shall give notice to the successful
Bidder of any such claim and recover it from the Bidder if required. During submission,
if any Bidder obtains any information/ document from Third Party it is at the Bidders
risk and cost.

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4.8 Table 1: Eligibility Criteria (Category wise)

Category Institutes in Category Technical Eligibility Criteria Documents to be submitted in e-Envelope B


Number and (TEC) (Form No: 8.1)
Category Head
(1) (2) (3) (4)
1. Financial a) Public Sector Banks 1.1 Bidder shall be a Company 1.1 Supporting Documents proving that the Bidder is
Services b) Foreign Banks Registered under The Companies Registered under The Companies Act, 2013
(Refer Forms at c) Private Sector Banks Act, 2013 Supporting Documents proving that the Bidder is Competent to
8.1) d) Merchant Bankers enter into contract under The Indian Contract Act, 1872.
e) Non-Banking Financial AND For Companies incorporated in India, Certificate of Incorporation/
Companies Registration under Companies Act, 2013.
f) Housing Finance Bidder shall be Competent to Memorandum and Articles of Association.
Companies enter into contract under The For Global players, equivalent Certificate in the Country of
Indian Contract Act, 1872. Incorporation.
g) Insurance Companies
h) Asset Management
1.2 Bidder shall have a minimum 1.2 Turnover and Networth
Companies and Mutual
Gross Turnover of Rs. 100 Crores • Audited Financial Statement for last three Financial Years i.e
Fund
with minimum Networth of Rs. 50 2021-22, 2020-2021, 2019-20; and
i) Others
Crores in the Financial Year 2021- • Statutory Auditor’s Certificate/ Certificate from Chartered
22, as per the Audited Balance Accountant of the Bidder clearly specifying the Gross Turnover
For details please refer below.
Sheet of the Bidder at the time of for the last three Financial Years i.e 2021-22, 2020-21, 2019-
Note1
submission of the bid. 20.
• Statutory Auditor Certificate/ Certificate from Chartered
Accountant of Bidder specifying the Networth for the last three
Financial Years i.e 2021-22, 2020-21, 2019-20.

Note1:
The types of institutions falling under this Category are detailed as below:

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a) Public Sector Banks: A public Sector Bank or a Financial Institution constituted and established by or under an Act of
Parliament.
b) Foreign Banks : A Foreign Bank, having Branch Operations in India and licensed by the Reserve Bank of India, under
the Banking Regulation Act, 1949, subject to the provisions of the FEMA Act, 1999, in case of foreign banks.
Foreign institutional investor, Registered with Securities and Exchange Board of India (SEBI) and Reserve Bank of
India (RBI) under the guidelines issued by Government of India in September 1992, subject to the provisions of the
FEMA Act, 1999, in case of foreign banks.
c) Private Sector Banks: A Public limited Company under Companies Act, 2013, which has been licensed by the Reserve
Bank of India under Section 22 of the Banking Regulation Act, 1949, and which is included in the second schedule to
the Reserve Bank of India Act, 1934, under the RBI Guidelines for the entry of new Private Sector Banks and which
has become operational as on the date of tender.
OR
An existing bank in the private sector licensed by RBI
d) Merchant Bankers: A Financial Service Company duly registered with SEBI as a Category-I of Merchant Bankers
engaged for at least one year in the business of merchant banking.
OR
An Asset Management Company duly registered with SEBI and managing a domestic or off-shore fund.
e) Non-Banking Financial Companies: A Non-Banking Financial Company Registered with the Reserve Bank of India
and engaged for at least one year in the business of Leasing, Hire Purchase, Housing Finance or any other form of
lending or investment activity.
f) Housing Finance Companies: Housing Finance Company Registered under Section 29A of the National Housing
Bank Act, 1987.
g) Insurance Companies: insurance Company licensed by the Insurance Regulatory Development Authority.
h) Asset Management Companies and Mutual Fund: Companies set up under the provisions of the Indian Trust Act
1882 and Registered under the SEBI Mutual Fund Regulations, 1996.
i) Others: Stock Exchange/Bullion Associations, and Financial Institutions and Finance Companies owned or controlled
by the State Government, Co-operative Banks licensed by RBI.

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Category Number Institutes in Technical Eligibility Criteria (TEC) Documents to be submitted in e-Envelope B
and Category Category (Form No: 8.2)
Head
(1) (2) (3) (4)
2. Front Ranking Corporate or 2.1 Bidder shall be a Company Registered under The 2.1 Supporting Documents proving that the Bidder is
Indian or Foreign Regional Companies Act, 2013 [Partnership firms are not considered Registered under The Companies Act, 2013.
Companies Offices of eligible] Supporting Documents proving that the Bidder is
(Refer Forms at 8.2) leading Competent to enter into contract under The Indian
Indian AND Contract Act, 1872.
Companies • For Companies incorporated in India, Certificate of
Bidder shall be Competent to enter into contract under The Incorporation/ Registration under Companies Act,
OR Indian Contract Act, 1872. 2013.
• Memorandum and Articles of Association.
Regional • For Global players, equivalent Certificate in the
Headquarter Country of Incorporation.
and Branch • Documents related to approval of RBI and FEMA Act
Offices of the Clearance.
Foreign 2.2 Bidder shall be a– 2.2 Turnover and Networth
Company. Corporate or Regional Office of a leading Indian Company, • Audited Financial Statement for last three Financial
having a minimum Gross Turnover of Rs. 250 Crores with Years i.e 2021-22, 2020-21, 2019-20; and
minimum Networth of Rs. 60 Crores in the Financial Year • Statutory Auditor’s Certificate/Certificate from
2021-22, as per the Audited Balance Sheet of the Bidder at Chartered Accountantof the Bidder clearly specifying
the time of submission of the Bid the Gross Turnover in the last three Financial Years
OR i.e 2021-22, 2020-21, 2019-20;
Foreign Company with Regional Headquarter and Branch • Statutory Auditor’s Certificate/ Certificate from
Offices in India having a minimum Gross Turnover Chartered Accountant of Bidder specifying the
equivalent to Rs. 500 Crores with minimum Networth of Rs. Networth for the last three Financial Years i.e 2021-
100 Crores in the Financial Year 2021-22, as per the Audited 22, 2020-21, 2019-20;

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Balance Sheet of the Bidder at the time of submission of the


bid, subject to the approval of RBI and FEMA Act 1999.

Category Number Institutes in Category Technical Eligibility Criteria Documents to be submitted in e-Envelope B
and (TEC) (Form No: 8.3)
Category Head
(1) (2) (3) (4)
3. Information Companies engaged in 3.1 Bidder shall be a Company 3.1 Supporting Documents proving that the Company is
Technology and Business of Information Registered under The Companies engaged in business of Information Technology & data
Telecommunicatio Technology & Data Processing Act, 2013, engaged in business of processing including software development & IT enabled
ns including Software Information Technology & data services specified in Column (2) for at least 3 years
(Refer Forms at 8.3) Development & IT-Enabled processing including software Supporting Documents of Registration/ Membership as
Services; Telecommunications development & IT enabled specified in Column (2)
including Cellular Telephone services for at least 3 years • For Companies incorporated in India, Certificate of
Services, Paging, Call-centers, Incorporation/ Registration under Companies Act, 2013.
Value Added Services, etc. with AND • Memorandum and Articles of Association.
Registration/ Membership of • For Global players, equivalent Certificate in the Country of
TRAI, STPI, NSCT, SEEPZ, Bidder shall be Competent to Incorporation.
ESC, NASSCOM, Ministry of enter into contract under The
Information Technology, Indian Contract Act, 1872
Department of 3.2 Bidder shall have a minimum 3.2 Turnover and Networth
Telecommunications etc. Gross Turnover of Rs. 100 Crores • Audited Financial Statement for last three Financial Years
with minimum Networth of Rs. 50 i.e 2021-22, 2020-21, 2019-20; and
Crores in the Financial Year 2021- • Statutory Auditor’s Certificate/ Certificate from Chartered
22, as per the Audited Balance Accountant of the Bidder clearly specifying the Gross
Sheet of the Bidder at the time of Turnover in the last three Financial Years i.e. 2021-22,
submission of the bid. 2020-21, 2019-20;
• Statutory Auditor’s Certificate/ Certificate from Chartered
Accountant of Bidder specifying the Networth for the last
three Financial Years i.e 2021-22, 2020-21, 2019-20.

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Category Institutes in Category Technical Eligibility Criteria (TEC) Documents to be submitted in e-Envelope B
Number and (Form No: 8.4)
Category Head
(1) (2) (3) (4)
4. Corporate Corporate Developers 4.1 ‘Sole Bidder’ or ‘Lead Bidder’ along with 4.1 Supporting Documents proving that the Sole
Developers ‘Consortium Partners’ shall each be a Bidder/Lead Bidder/ Consortium Partner is
(Refer Forms at Company Registered under The Companies Act, 2013 Registered under The Companies Act, 2013.
8.4) Supporting Documents proving that the Sole
AND Bidder/ Lead Bidder/ Consortium Partner is
Corporate Competent to enter into contract under The
Developers shall ‘Sole Bidder’ or ‘Lead Bidder’ along with ‘Consortium Indian Contract Act, 1872.
cater to Partners’ shall each be Competent to enter into contract • For Companies incorporated in India, Certificate
agencies/firms under The Indian Contract Act, 1872. of Incorporation/ Registration under Companies
mentioned in Six Act, 2013.
Categories Joint Venture of Corporate Developers is eligible to bid • Memorandum and Articles of Association.
indicated in Table provided the Partners are Registered under The • For Global players, equivalent Certificate in the
2 at 4.8.1 below. Companies Act, 2013. (Maximum of 3 Partners in Joint Country of Incorporation. Participation in Bid shall
Venture including Lead Bidder.) Further a pre- be subject to RBI clearance and compliance of
established Joint Venture Company fulfilling the other FDI guidelines.
foregoing criteria can also be considered eligible to bid. • In case of JV, a draft agreement of Joint Venture
among the partners shall be signified prior to
executing the Lease Deed with MMRDA.
• In case of JV, state the proportion of shares of
partners in the Joint Venture
Company/partnership firm to be established
which shall remain unchanged till the Lease
Deed is executed

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Category Institutes in Category Technical Eligibility Criteria (TEC) Documents to be submitted in e-Envelope B
Number and (Form No: 8.4)
Category Head
(1) (2) (3) (4)
4.2 Sole Bidder or all members of the JV Consortium 4.2 Turnover and Networth
combined shall have a minimum Gross Turnover of Rs. • Audited Financial Statement for last three
100 Crores with minimum Networth of Rs. 50 Crores in Financial Years i.e 2021-22, 2020-21, 2019-20;
the Financial Year 2021-22, as per the Audited Balance and
Sheet of the Bidder at the time of submission of the bid. • Statutory Auditor’s Certificate/ Certificate from
Chartered Accountantof the Bidder clearly
specifying the Gross Turnover in the last three
Financial Years i.e 2021-22, 2020-21, 2019-20;
• Statutory Auditor’s Certificate/ Certificate from
Chartered Accountant of Bidder specifying the
Networth for the last three Financial Years i.e
2021-22, 2020-21, 2019-20.
4.3 Sole Bidder or all members of the Consortium 4.3 Certificate from Government Authorized
combined shall have carried out projects of not less than Valuer for having carried out projects of more
Rs.100 Crores in the last 5 consecutive years which than Rs.100 Crores in the last 5 consecutive
should include at least one major modern Office years, including at least one major Commercial
Complex with an area of not less than 3,000 sq.m. Complex with an area of not less than 3,000 sq.m
B.U.A. B.U.A., as per the format prescribed in Form 4.3 at
8.4.3
5. Regulatory Offices of Central and NA Copy of Notification or Relevant Act for
Authorities State Government and establishment of Regulatory Authority.
(Refer Forms at Public Sector
8.5) Undertakings
connected with
Finance and Trade
activities in IFBC

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Category Institutes in Category Technical Eligibility Criteria (TEC) Documents to be submitted in e-Envelope B
Number and (Form No: 8.4)
Category Head
(1) (2) (3) (4)
offices of other
Regulatory Authorities.
NOTE: Agencies in Categories (1), (2), (3) and (5) mentioned abovecan assign upto only 40% of Built Up Area to other Agencies
falling under all the Categories as mentioned in Table 2 at sub-cluase 4.8.1 below,within 5 years from completion of Building
Construction (Post Occupation Certificate)and balance 60% can be assigned after 5 years. Provided that the said 40% Floor Space
for assignment to other agencies shall be preferably demarcated on the drawings submitted to MMRDA

a. Agencies in Categories (1), (2), (3) and (5) mentioned above can underlet/sublet/Leave and License the premises to
agencies falling under the categories mentioned in Table 2 at sub-cluase 4.8.1 below.

b. Agencies in Category 4 (Developer Category),can assign upto 100% of the Built Up Area to other agencies falling under all
the categories mentioned in Table 2 at sub-cluase 4.8.1 given below post execution of the Lease Deed.

c. Agencies in Category 4 (Developer Category) mentioned above can underlet/sublet/Leave and License the premises to
agencies falling under the categories mentioned in Table 2 at sub-cluase 4.8.1 below.

d. In the above and below table the meaning of 'Networth' shall be the paid up share capital plus free reserves plus free
surplus in the profit and loss account less un provided depreciation less the balance of deferred revenue expenditure. The
balance in Revenue Reserve Account shall not be considered in determining the Networth.

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4.8.1 Table 2: List of Approved Categories by MMRDA


(As per 91st Authority Meeting held on 23rd January 1998 vide resolution no. 764)
(*Amendment approved as per 102nd Authority Meeting held on 18th March 2002,
vide resolution no. 919)

Category 1: Financial Institutions and Banks:


Financial Institutions, Indian Public Sector Banks, Foreign Banks, Private
Banks, Non-Banking Financial Companies, Stock Exchanges, Financial
Institutions, and Financial Companies owned or controlled by the State
Government, Co-operative banks licensed by the RBI, Insurance
Companies.
Category 2: Front Ranking Companies:
a) Corporate or Regional Offices of Leading Indian Companies with a Gross
Turnover of Rs. 250 Crores in the Financial Year 2021-22.
b) Regional Headquarters and Branch Offices of the Foreign Companies
with a Gross Turnover equivalent of Rs. 500 Crores in the Financial Year
2021-22, subject to the approval of RBI.
Category 3: Information, Data processing, Computer and Telecommunications :
Office of the Companies or Organizations indicated in following activities:-
Local, National and International Stock Market and Investment
Information Centre, International Money and Commodities Market
Information Centre, Database Services on domestic and international
economy, Corporations, Patents, Copyright, etc. Data processing and
Computer Software Development, Computer Hardware,
Telecommunication equipment, Telecommunication services.
Category 4: Trade and Business promotion agencies:
Trade mission and consulates offices of foreign countries directly
connected with trade functioning, International funding agencies, Offices
of Export promotion agencies, Trade Centre and Trade information
centre, Chamber of Commerce or Industry or similar institutions.
Category 5: Regulatory Authorities:
Offices of Central and State Government and Public Sector Undertakings
connected with Finance and Trade activities in IFBC offices of the other
Regulatory Authorities.
Category 6: Business Support Services:
Offices of Consultancy Organizations, Offices of Broker Agents, and
Professional such as Chartered Accountant, Tax Consultants, Architects,
Engineers, Lawyers, Doctors, Valuers, Management Consultants etc.
Offices of Airlines, Travel Agencies, Tour Operators, Tourist Information
Centre, Retail shopping expert oriented shops, Show rooms,
Departmental stores, Office furniture, Office Stationery etc. Business
services (such as Printing, Publishing, Reprographic and related services,
Secretarial or Clerical services, Courier services, Communication centres
providing Telephones, Fax, Telex, Electronic main, TV conference
facilities and Network Linkages and Food Courts, *Multi-Cuisine
Restaurants and Corporate Kitchen Services).

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4.9 Bid Submission, Opening and Evaluation process


The entire proposal shall be submitted strictly as per the format specified in the e-
Tender. The Bids with deviation from the format are liable for rejection. MMRDA
reserves the right to seek clarifications at any stage, from any Bidder, until the
compliances are made by the Bidder as desired by the Bid Evaluation Committee
(BEC) in conformity with the tender.

4.10 Submission of Bids


a. The Bidder shall submit the bid online through Mahatender Portal only.
b. To view the Tender Notice, Detailed Time Schedule, Bid Document and its
supporting documents, the Bidder shall visit the following MMRDA website
https://mmrda.maharashtra.gov.in and Mahatender Portal at
https://mahatenders.gov.in/nicgep/app.
c. The bids submitted by the Bidder shall comprise of the following three
envelopes (Online submission only): A three-envelope e-tender system shall
be followed for the bid –
• Envelope A (Pre-Qualification): Comprising of Tender Fees, and EMD as
per guidelines
Bidder shall fill in the details in the Form – A of the Tender Document and
upload the same along with scanned copies of the – (a) Receipt of e-Tender
Cost Rs. 1,00,000/- + GST (in the form of e-challan) & (b) Receipt of EMD
payment of Rs. 30 Crores (scanned copy of Bank Guarantee to be
uploaded and physical copy to be presented on request) and payment of
Rs. 5 Lakhs through e-tendering portal of MMRDA (e-challan copy to be
uploaded). Proof of payment of Tender Fee and EMD payment along with
Forms 1, 2, 3, 4, 5 and 6 (refer forms at 7.1 to 7.6) to be filled and
submitted (i.e. scanned soft copies to be uploaded on e-tender portal). Hard
copies shall not be submitted before opening of e-Envelope A. MMRDA
shall ask for Hard copies in original from the Bidder after opening of e-
Envelope A (refer CHAPTER 7: Envelope A – Pre-Qualification).
• Envelope B (Technical Bid): Envelope B will comprise of submission of
documents by Bidder towards Eligibility Criteria as mentioned in section 4.8.
The eligibility criteria documents as part of e-Envelope B shall be duly filled
in category wise prescribed format mentioned in CHAPTER 8: Envelope B
– Technical Bid.
• Envelope C (Financial Bid): Envelope C will comprise of the Financial
Offer of the Bidder. The Financial proposal shall be duly filled in prescribed
format mentioned in CHAPTER 9: Financial Bid (Refer Form C at 9.1) and
submitted through MMRDA’s e-tendering portal.

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d. The Bidder shall ensure that all the required documents, as mentioned in the e-
tender document, are submitted along with the bid and in the prescribed format
only. MMRDA shall not accept delivery of proposal in any manner other than
that specified in the e-tender. The Proposal delivered in any other manner shall
be treated as defective, invalid and rejected. Non-submission of the required
documents or submission of the documents in a different format/ contents may
lead to the rejections of the bid proposal submitted by the Bidder if not found
justified by the MMRDA. The Bidder shall submit the reasons of deviation along
with the bid submission and submit clarification sought by Bid Evaluation
Committee (BEC) if any to substantiate any such deviation and the said
clarification shall be binding on the Bidder.
e. The Bidders participating first time for e-tendering on Mahatender Portal will
have to complete the Online Registration Process for the e-tendering Portal.
For any concerns or queries related to e-tendering, kindly email at
https://etendermmrda.maharashtra.gov.in.
f. The Bidders interested in participating in the on-line e-tendering process are
required to obtain Class III Digital Certificates with signing and
encryption/decryption facility. The bids shall be prepared & submitted online
using individual’s digital signature certificate.
4.11 Bid Opening
a. e-Envelope A – Pre Qualification comprising of Tender Fee, Earnest Money
Deposit (EMD) and shall be opened initially in the presence of the Bidder/
representatives of Bidder who choose to attend and the same shall be
evaluated. Subsequently, after declaring the eligible Bidders of Envelope A –
Pre Qualification, the e-Envelope B – Technical Bid of the qualified Bidders
shall be opened.
b. e-Envelope B – Technical Bid containing the documents of Eligibility Criteria
shall be opened in the presence of the Bidder/ representatives of Bidder who
choose to attend, at the address, date and time specified in the e-Tender.
c. Subsequent to opening of e-Envelope B, all the documents submitted by the
Bidders will scrutinized by MMRDA and their bids will be evaluated as per the
Eligibility Criteria specified in the Section 4.8 of the foregoing tender document.
d. At the end of the evaluation of the e-Envelope B, MMRDA shall invite Bidders
who have qualified for the opening of the e-Envelope C – Financial Bid. The
date, time, and location of the opening of e-Envelope C (Financial Bid) shall be
informed by MMRDA separately and individually to qualified Bidders.
e. MMRDA will agree to grant lease of Plot no. C-13 in G-Block of BKC to the
eligible Bidder, who offers the highest premium subject to eligibility of the Bidder
as stated in Section 4.8 of this Tender.

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f. If the offer made by the said eligible Bidder, who offers the highest premium is
rescinded for any reason whatsoever, the EMD paid by such Bidder shall be
forfeited. The offer shall be extended to the next highest Bidder in the
descending order of their Bid Price.

• However, if the offer made to the highest Bidder stands rescinded, MMRDA
reserves the right to abandon the bidding process without following the
procedure mention in the foregoing para.

• In case of Single Bid response, MMRDA reserves the right to accept or


reject the bid on approval of competent authority.

• Bidders suggesting an amendment or a modification to any condition or in


the Draft Lease Deed will be reckoned as an ineligible offer.

• The amount paid online against the EMD amount of Successful Bidder shall
be adjusted in the last instalment of the 70% Premium amount. The Bank
Guarantee submitted against the EMD amount shall be valid till 100% of the
premium amount is paid to MMRDA.

• If the successful Bidder is unable to pay the premium amount in the


specified time frame, the EMD amount shall be forfeited.

4.12 Evaluation Process


a. MMRDA shall constitute a Bid Evaluation Committee (BEC) to evaluate the
responses of the Bidders. The decision of the Bid Evaluation Committee in the
evaluation of responses to the tender shall be recommended to the Competent
Authority for approval.
b. The BEC shall submit its decision to the Competent Authority whose decision
shall be final and binding upon the Bidders.
c. The Bidders who qualify on Pre-Qualification of e-Envelope A shall be
considered for Technical Bid e-Envelope B opening and the technical
evaluation of the Bidders i.e. Eligibility Criteria will be evaluated.
d. On the technical evaluation of the Bidders; the Bidders who qualify on Eligibility
Criteria of e-Envelope B – Technical Bid shall be considered as Eligible Bidders
for financial evaluation of e-Envelope C – Financial Bid.
e. Amongst the Bidders who are considered eligible for e-Envelope C – Financial
Bid, the Bidder with the highest bid shall be the preferred Bidder and awarded
the Plot on Lease at the discretion of MMRDA, if found successful after all
compliances as per the tender.

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f. The Bid Evaluation Committee reserves the right to accept or reject any or all
bids without giving any reasons thereof.
g. In case of Single Bid response, MMRDA reserves the right to accept or reject
the bid on approval of Competent Authority.
4.13 Interpretation
• In case of any dispute or differences of opinion in the matter of the interpretation
of the terms of this document or anything which shall arise there from, such dispute
or difference shall be decided finally by the Metropolitan Commissioner, MMRDA,
and his decision shall be conclusive and binding upon the Bidder.
• MMRDA reserves to itself the liberty to reject all or any tender including the highest
tender without assigning any reason. Nothing contained herein shall confer any
right upon a Bidder or any obligation upon the MMRDA.
• Nothing contained in this tender document is intended to be a representation or
promise enforceable at law against MMRDA.

4.14 Reservation
The MMRDA reserves the right:
a. To discharge all tenders received and to re-invite offers; and
b. To modify marginally and not substantially the recitals; conditions and
covenants of the Draft Lease Deed at any time before its execution.

4.15 Award of Plot


a. The Offer Letter for Allotment shall be issued after the tendering process is
complete and after approval of Competent Authority. After the full payment is
made, lease deed shall be executed and possession of the plot shall be
granted.

b. The Termination of the Lease Deed shall be in accordance with provisions of


General Conditions of Contract. In case of dispute, the matter shall be referred
to an arbitrator as specified by MMRDA.

c. MMRDA shall provide the relevant data/reports available with it. Collecting any
other data shall be the sole responsibility of the Bidder. MMRDA shall provide
the necessary introductory letter to get information from other concerned
agencies/departments, wherever applicable.

4.16 Confidentiality
The information provided in this tender is the property of MMRDA and shall not be
shared by the Bidder with anyone, without prior approval of MMRDA.

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4.17 Signing of Lease Deed


Once MMRDA notifies the successful Bidder that its proposal has been accepted,
MMRDA shall enter into a Lease Deed (as per Form-D of MMRDA’s Land Disposal
Regulations, 1977 enclosed in this Tender at 5.1), incorporating the conditions of the
tender.

4.18 Mode of Payment of Lease Premium


As per the Regulation 9 of the MMRDA (Disposal of Land) Regulations, 1977, (as
amended in the year 2015) 30% of the premium shall be paid within one month from
the date of offer letter and balance 70% within 8 months in equal instalments
thereafter.

4.19 Payment of Other Charges


In addition to the premium payable by the allottee, the following charges will have to
be paid separately:
a. Legal documentation charges.
b. Stamp Duty leviable on each document under the Bombay Stamp Act, 1958.
c. Charges for the registration of any document under the Indian Registration Act.
d. Fees and charges including Development Charge payable to the Metropolitan
Authority and to the Municipal Corporation of Greater Mumbai along with the
application for permission to erect the intended building or buildings.
e. Charges payable to the Municipal Corporation of Greater Mumbai for
application to obtain supply of water etc.
f. Municipal taxes, non-agricultural assessment and any other taxes leviable on
the tendered plot will also be paid by the Lessee.
g. All rates, taxes, charges, claims and outgoings including electricity and water
charges chargeable against the Lessee or occupier in respect of the said land
or any building erected thereon.
h. The land revenue and cess assessed or which may be assessed on the said
land.
i. The annual rent payable by successful Bidder shall be Re. 1/- per sq. mtr. of
the plot area for the 1st year and will be increased by 10% over the rent of the
previous year.
4.20 Any other information
For further information required by the prospective Bidders, they may contact Chief,
T&CP Division at 022- 26594079 on any working day between 11.00 a.m. to 1.00 p.m.
and 2.00 p.m. to 5.00 p.m.

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4.21 Inspection of the Plot


For inspection of the Plot, Chief, T&CP Division may be contacted during office hours.
The plan of the Bandra-Kurla Complex, 'G' Block, and indicating location of the plot is
enclosed as Annex-C at 5.3 of the bid document.
a. Every Bidder shall inspect the land on tender and its surroundings before
presenting its bid because the land is intended to be leased on as-is, where-is
basis.
b. The development of infrastructure will proceed in accordance with and subject
to plans and programmes of the Authority and further subject to any unforeseen
contingencies. No omission to accomplish such plans or non-availability of the
infrastructural amenity will relieve the Lessee of obligations devolving upon it.

4.22 Schedule of offer

Bidders Schedule Start End


SNo.
(Subject to Corrigendum) Date & Time Date &Time
1 Tender Document Download 15.05.2023 17.07.2023
18:00 hrs (IST) 17:00 hrs (IST)
2 Last date of receipt of query/
30.05.2023, 10:00 hrs (IST)
clarification
3 Site Visit 30.05.2023, 11:00 hrs (IST)
4 Pre-Bid Meeting 01.06.2023, 15:00 hrs (IST)
5 Closing of Tender 17.07.2023, 17:00 hrs (IST)
6 Opening 19.07.2023, 11:00 hrs (IST)
Envelope A – Pre-Qualification
7 Opening To be announced later
Envelope B – Technical Bid
8 Opening To be announced later
Envelope C – Financial Bid

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4.23 Additional Information

Sr.
Annexures
No.
1. MMRDA’s Land Disposal Regulation, 1977 is enclosed as Annexe-A at 5.1
2. BKC Development Control Regulations, 1979 is enclosed as Annex-B at 5.2
Location of Plot in ‘G’ Block of BKC and Measurement Plan is enclosed as
3.
Annex-C at 5.3
Architectural Controls for the plots in ‘G’ Block of BKC is enclosed as Annex-
4.
D at 5.4
5. A map indicating the location of BKC in MMR is enclosed as Annex-E at 6.1
A map indicating the existing infrastructure in MMR is enclosed as Annex-F at
6.
6.2
A map indicating the existing/proposed connectivity of BKC is enclosed as
7.
Annex-G at 6.3
A map indicating the prominent Landmarks in BKC is enclosed as Annex-H at
8.
6.4
A map indicating the Built-up Area consumption schematic/ Indicative drawing
9.
is enclosed as Annex-I at 6.5
Civil Aviation NOC dated 18/09/2018 for the plot has been enclosed as Annex-
10.
L at 10.1
Bandra Kurla Complex Planning Proposal has been enclosed as Annex-M at
11.
10.2

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CHAPTER- 5
ANNEXURE

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CHAPTER 5: ANNEXURE

5.1 Annex-A: MMRDA’s Land Disposal Regulations, 1977


THE MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY
(DISPOSAL OF LAND) REGULATIONS, 19771
In exercise of powers conferred by Section 50, read with 2Sub-Section (2) of Section 3 of the
Bombay Metropolitan Region Development Authority Act, 1974, and all other powers enabling
it in this behalf, this Bombay Metropolitan Region Development Authority makes the following
Regulations, namely:
1. Short title, commencement and application
a) These Regulations may be called the Bombay Metropolitan Region Development
Authority (Disposal of Land) Regulations, 1977.
b) They shall come into force on the date of their publication in the Maharashtra
Government Gazette3.
c) They shall apply to disposal by the Authority of any land vested in it by the
Government or acquired by itby private treaty or under the provisions of Chapter
VIII of the Bombay Metropolitan Region Development Authority Act, 1974 (Act No.
IV of 1975) or any other law for the time being in force.

2. Definitions
In these Regulations, unless the context otherwise requires:
a) "Act" means the Bombay Metropolitan Region Development Authority Act, 1974
(Maharashtra Act No. IVof 1975).
b) "Authority" means the Bombay Metropolitan Region Development Authority
established under Sub-section (1) of Section 3 of the Act.
c)4
d) "Form" means a form appended to these Regulations.
e) "Metropolitan Commissioner" means a Metropolitan Commissioner appointed under
Section 11 of the Act and includes any other officer authorized by the Metropolitan
Commissioner to exercise the powers and to perform the functions of the
Metropolitan Commissioner under these Regulations.
f) The words and expressions used in these Regulations but not defined therein shall
have the same meanings respectively assigned to them in the Act, and if not so
assigned, then the same meanings respectively assigned to them in the Maharashtra
Regional and Town Planning Act, 1966 (Maharashtra Act XXXVII of 1966).
3. Powers of the (Authority)5 to dispose of land
1
Subject to any directions given by the Authority from time to time, the (Authority)
may dispose of any land by a lease to be granted in consideration of premium or rent or
both for a term not exceeding 80 years and in accordance with these Regulations.
4. Manner of disposal of land
The 1(Authority) may dispose of land by:
1
Adopted by Resolution No. 138 of the Bombay Metropolitan Region Development Authority passed at its thirteenth
meeting held on the 30th November, 1977.
2
The words and figures "and Sub-Section (i) of Section 9" deleted vide Authority's Resolution No. 254 passed in the
34th meeting held on 22nd June, 1984.
3
Published in the Maharashtra Government Gazette, Part IV-C on the 16th November, 1978.
4
Sub-Rule (c), Regulation No. 2 deleted vide Authority's Resolution No. 254, passed in its 34th meeting held on 22nd
June, 1984.
5
The word "Authority" is substituted for the words "Standing Committee" vide Authority's Resolution No. 254, passed
in the meeting held on 22nd June, 1984.

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i) holding public auction, or


ii)inviting tenders by public advertisements, or
iii)making offers to or accepting offers from the Government, Local Authority or Public
Sector Undertaking, or
iv)making offers or accepting offers from a public charitable trust for the purpose of
providing education or medical relief to the public, or
v)inviting applications by public advertisement on the basis of predetermined premium
and/or other considerations & accepting any of these applications by drawing lots &
in case of inadequate applications or 'first come first served' basis.
as it may determine from time to time:

Provided that land intended to be used for providing dwelling units to persons, who are
classified by 1(Authority) from time to time, as belonging to Economically Weaker Section
or Low Income Group, as the case may be, shall not be disposed of except under Clause
(v) above.
Provided furtherthat the 1(Authority) may dispose of land intended to be used for
providing dwelling units to persons who are classified by it, from time to time, as
belonging to Middle Income Group, under Clause (v) above.

5. Disposal of land by public auction


Where the 1(Authority) determines to dispose of any land by public auction, there shall
be held a public auction in accordance with the terms and conditions, specified in Form
'A'.

6. Disposal of land by inviting Tenders by public advertisement or on


application by the Government, Local Authority or Public Sector
Undertaking
Where the 1(Authority) determines to dispose of any land by inviting public tenders or by
accepting offers from the Government, Local Authority or Public Sector Undertaking,
there shall be presented a tender or an offer in Form 'B'.

7. Disposal of land by offers to Government, Local Authority or Public


Sector Undertaking
Where the 1(Authority) determines to dispose of land by making offers to the
Government, Local Authority or Public Sector Undertaking, the offers shall be made by
the Metropolitan Commissioner in such form as he may decide, incorporating the terms
and conditions of offers determined by the 1(Authority) 2(which shall include the condition
that the offer shall remain open and valid for acceptance for a period of'.30 days and
shall lapse if it remains -unaccented by the expiry of this period; provided that it shall be
lawful for the Metropolitan Commissioner to renew any lapsed offer on an additional
condition that the Government, Local Authority or Public Sector Undertaking, as the case
may be, shall pay interest at the rate of 18% per annum over the premium specified in
the lapsed offer with effect from the date on which the lapsed offer was made; provided
further that nothing contained herein shall authorize the Metropolitan Commissioner to
renew any lapsed offer after three months of its lapse).
1
The word "Authority" is substituted for the words "Standing Committee" vide Authority's Resolution No. 254, passed in the
meeting held on 22nd June, 1984.
2
These words were inserted by vide Authorities Resolution No. 181 passed in its 23rd meeting held on 23rd March, 1981.

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8. Disposal of land by inviting applications by public advertisement on the


basis of predetermined premium and/or other considerations
Where the 1(Authority) determines to dispose of any land by inviting applications from
the public on the basis of pre-determined premium and/or other considerations, there
shall be presented an application in Form 'C'.

9. Payment of premium

(i) 230% of the premium shall be paid within 3one month from the time an offer/tender is
accepted under any of the foregoing Regulations and the balance470% within eight
months thereafter; Provided that in case of Government or Local Authority or Public
Sector Undertaking such time limits shall be one month and 4eight months, respectively;
provided further that the Metropolitan Commissioner may, in his absolute discretion,
grant extension of time for payment of first 230% of the premium by the Government and
none else up to 2 months.

The Metropolitan Commissioner may, in his absolute discretion, grant extension of time
for payment of the balance premium up to a maximum of 512 months of the date of
acceptance on payment of interest for the extended period 6at such rate as may be
determined by the 1(Authority) from time to time. The time limit so specified for the
payment of premium shall be intended to be of the essence of the Lease Deed and if
such time limit shall not be observed, the Lease Deed shall become violable at the option
of the Metropolitan Commissioner without prejudice to other rights, powers and
immunities of the Authority.
7
(iA) If 230% of the premium shall not be paid within one month or in case of Government
within two months, if permitted by the Metropolitan Commissioner, the Agreement
concluded with the Authority shall stand determined and the Earnest Money deposited
by the Intending Lessee along with its tender or offer shall stand forfeited to the Authority
without prejudice to the rights and powers of Authority to recover compensation for loss
or damage, if any suffered in consequence of such breach of the Intending Lessee to so
pay 230% of the premium to the Authority. Likewise, if the balance premium shall not be
paid within twelve months as provided hereto before, the Agreement concluded with the
Authority shall stand determined and the Earnest Money paid by him along with the
tender or offer together with 25 per cent of the premium shall be forfeited to the Authority
without prejudice to the rights and powers of the Authority to recover compensation for
loss or damage, if any, suffered in consequence of such default of the Intending Lessee.

1
The word "Authority" is substituted for the words "Standing Committee" vide Authority's Resolution No. 254, passed in
the meeting held on 22nd June, 1984.
2
The words "Half” has been substituted for the words "30%” vide Authority's Resolution No.1347 passed in its
138th.meeting held on 26.08.2015.
3
The words "one month” has been substituted for the figure and word "15" days vide Authority's Resolution No 713
passed in its 86th meeting held on 10.3.97.
4
The words "balance within two months” has been substituted for the words "balance 70% within eight months” vide
Authority's Resolution No.1347 passed in its 138th.meeting held on 26.08.2015.
5
The words “twelve months” has been substituted for the words “six months” vide Authority’s Resolution No 713 passed
in its 86th.meeting held on 10.3.97.
6
The words, "at such rate as may be determined by the Authority from time to time", has been substituted for the figures
and words " at the rate of 15 per cent per annum or at such other rate as may be determined by the Authority from time
to time.
7
Regulation 9 (iA) is inserted vide Authority’s Resolution No 713 passed in its 86th meeting held on 10.3.97.

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1
(ii) Notwithstanding anything contained in the foregoing Clause to the contrary, if there
shall be a scheme formulated and sanctioned by the Authority***2to erect or to finance
erection of a building or buildings on land agreed to be leased to the Government, a
Local Authority or a public Sector Undertaking to sub serve the development of the
Metropolitan Region or any part thereof and to grant in lease such building or buildings
to the concerned Government, Local Authority or Public Sector Undertaking it shall be
lawful ***2 to agree with the concerned Government, Local Authority or Public Sector
Undertaking to recover the premium agreed to be paid in consideration of the lease of
such building or buildings in yearly instalments, not exceeding ten in number.
3
(iii) deleted.

4
10. Execution of Deed of Lease and delivery of possession of Land :
After the Authority has received the premium in full and the interest, if any, accruing
thereon, there shall be executed Deed of Lease in Form “D” by the Authority and the
possession of the land shall be delivered by the Authority to the Lessee. The Stamp
Duty and the Registration charges and all other charges payable in connection with the
execution of the Deed of Lease shall be borne wholly and exclusively by the Lessee.
Explanation - The Metropolitan Commissioner may at the application of the Lessee, in
writing, permit the execution of the Deed of Lease concurrently with the payment of
premium by or on behalf of the Lessee and the execution of the Deed of Mortgage by
the Lessee in favor of the Financial Institutions to whom the Lessee intends to mortgage
the land to secure a loan to be borrowed towards the payment of such premium to the
Authority.

______________________________________________________________
1
Original Clause (ii) is renumbered and new Clause (iii) and new Clause (ii) inserted vide Authority's Resolution No. 182
passed at its 23rd meeting held on 23rd March,1 981.
2
The words "authorizing the Standing Committee' and the words "Standing Committee" were deleted vide Authority's
Resolution No.254 passed at its 34th meeting held on 22nd June, 1984.
3
The original sub clause 9 (iii) deleted; vide Authority's Resolution No 713 passed in its 86th meeting held on 10.3.97.
4
The Regulation 10 were substituted vide Authority's Resolution No 713 passed in its 86 th meeting held on 10.3.97.

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1
11. Extension of time stipulated for construction of building or development of
land:-

If the Lessee shall not perform and observe the limitation of time provided in the Deed
of Lease in Form “D” for the construction of the intended building or otherwise
development of land leased to him for reasons beyond his control, the Metropolitan
Commissioner may permit extension of such time on payment of the additional premium
at the following 2rates :-
(a) All the Govt. - 5% of the lease premium per year till they complete
Organizations the construction.
(b) Semi Govt. & - (i) Upto 3 years - 10% of the lease
Public Sector premium per year.
Organizations
(ii) Beyond 3 years till - 15% of the lease premium
and Private
they complete the per year.
Sector
construction
Organizations
((c) The additional premium shall be charged in proportion to the built-up area of
which construction is incomplete i.e. to exclude the built-up area of which OC
is issued.
(d) The additional premium shall be charged proportionately for the extended
period of completion of the construction.
3
11(A).If the Metropolitan Commissioner shall refuse to permit extension of time, under the
foregoing Regulation or shall find the Lessee of having committed breach of any
condition of covenant during the limitation of time provided in the foregoing Regulation,
the Metropolitan Commissioner may forfeit and determine the Lease, provided that in
the event of such determination of the Lease, 25 percent of the premium paid by the
Lessee to the Authority shall be forfeited and the remaining 75 per cent of such
premium shall be refunded to him; provided further that the power to so determine the
Lease shall not be exercised unless and until the Metropolitan Commissioner shall
have given to the Lessee or left on some part of the demised premises a notice in
writing of his intention to do so and of the specific breach of the covenants or conditions
in respect of which forfeiture is intended and default shall have been made by the
Lessee in remedying such breach or breaches within three months from the service of
notice on him or the notice being left on the demised premises.
12. Delegation of powers
It shall be lawful for the 4(Authority) to delegate any of its powers, functions and duties
to the Metropolitan Commissioner.
13. Where, under any of these Regulations, anything is required to be done by public
advertisement, it shall be done by publication of the advertisement in two newspapers,
one in English and the other in Marathi language, having circulation in the Region.

1
The Regulation 11 were substituted vide Authority's Resolution No 713 passed in its 86th .meeting held on 10.3.97.
2
The rates have been revised vide Resolution No. 1140 of the 120th Meeting of the Authority held on 24/12/2007and

Resolution No. 1227 of the 126th Meeting of the Authority held on 09/02/2010.
3
The Regulation 11 (A) were inserted vide Authority's Resolution No 713 passed in its 86th .meeting held on 10.3.97.
4
The word "Authority" is substituted for the words "Standing Committee" vide Authority's Resolution No. 254, passed in
the meeting held on 22nd June, 1984.

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14. The 1(Authority) may, from time to time, modify for general application or for application
in a specific case, any Form annexed hereto to carry out all or any of the purpose of
these Regulations.

15. Notwithstanding anything contained herein to the contrary, but subject to any law for
the time being in force, it shall be lawful for the 1(Authority) to dispose of any land by
sale or lease for a term, not exceeding eighty years or otherwise in favor of the
Government or Local Authority or a Public Sector Undertaking for further development,
where necessary, and disposal, on the terms and conditions to be determined by it.

2
16. Relaxation of Regulations:-
The Authority may in public interest and for reasons to be recorded in writing relax
generally or specially any of the foregoing Regulations.

1
The word "Authority" is substituted for the words "Standing Committee" vide Authority's Resolution No. 254, passed in
the meeting held on 22nd June, 1984.
2
The Regulation 16 were inserted vide Authority's Resolution No 713 passed in its 86th meeting held on 10.3.97.

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

Mumbai Metropolitan Region Development Authority

Form ‘A’ (Please See Regulation no. 5)

Terms and conditions governing disposal of land by Public Auction

(i) The public auction shall be held by such person or persons as the Metropolitan
Commissioner may direct. (Such person or persons shall be called
auctioneers”).

(ii) No auction shall be held on a Sunday or a public holiday declared under section
25 of the Negotiable Instrument Act, or until after the expiration of at least 10
days from the latest date of the public notice appearing in newspapers. No
persons, except a person registered with the Authority as an intending
bidder, shall have a right to bid at the auction.

1
(iii) A person intending to bid at the auction shall participant in e-tender/e-auction
bid process initiated by Metropolitan Commissioner, MMRDA in the bid
form/tender/e-auction form devised by the Metropolitan Commissioner, and
shall pay a sum as tender fee, Earnest Money Deposit etc. determined by
the Metropolitan Commissioner in online transfer/Bank Guarantee/
RTGS/Payment Gateway compatible transfer, for proper conduct at the
auction and observance of the rules of the auction. The Earnest Money
Deposit so paid shall be liable to be forfeited by the Metropolitan
Commissioner in the event of such person committing misconduct or breach
of any rule of the action. Whether such persons have committed breach of a
rule of the auction or not shall be determined by the Metropolitan
Commissioner and his determination shall be final.

(iv) The auctioneer/s shall not be bound to accept the highest or any bid.

1
(v) No bid lower than the upset price/reserved price as mentioned in the tender,
advertisement, corrigendum etc, if any fixed shall be entertained.

1 th
(vi) The payment terms shall be as decided in the 138 Authority Meeting held on
26/08/2015 and Resolution No. 1347, and amended from time to time.

1 th
Amended as per Resolution no. 1507 in 148 Authority meeting held on 08.07.2019.

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

1 th
(vii) The payment terms shall be as decided in the 138 Authority Meeting held on
26/08/2015 and Resolution No. 1347, and amended from time to time.
1
(viii) In default of the payment the terms and conditions as applicable to the disposal
of land by tender process shall be applicable.
(ix) If the disposal of the land is not confirmed the successful bidder shall be entitled
to receive back without interest, the bid money paid by him,
(x) The auctioneer shall have authority to refuse to record a bid or bids offered by any
person or persons whose presence at the auction is considered by him
undesirable.

1 th
Amended as per Resolution no. 1507 in 148 Authority meeting held on 08.07.2019.

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

FORM-D
MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY
Special Terms and Conditions of leasing
(Subject to Finalization of lease deed by Land Cell)
This lease made at Mumbai……………………………………………..
the..........................day of...............……Two
Thousand....................……………between the Bombay Metropolitan Region
Development Authority established under section 3 of the Maharashtra Act No. IV of
1975 called the Mumbai Metropolitan Region Development Authority Act, 1974 and
having its Head Office at Plot No. C-14/ C-15, E Block, Bandra-Kurla Complex, Bandra
(E), Mumbai- 400 051, hereinafter referred to as, "the Lessor" (which expression shall,
unless the context does not admit, include its successor or successors, and assign or
assigns) of the One Part:
AND
1. (Name of person)................................................… When the Lessee is an
individual
of (Address and Occupation)...............................…
2. (Name of person)............................................… When the Lessees are more
than
of (address and Occupation) …………………… one individual.
3. (Name of person)..................When the Lessee is a registered
firm.
of (address).............................................................
and (Name of person)...............................................
of (Address)............................................................
and (Name of person)…………………………….
of (Address)……………………………………..
All carrying on business in partnership at (address of
the firm or Syndicate).................................................
.................................................................................
under the name and style of (Name of the firm Syndicate).
................................................................................
registered under...................................................Act.
Under Registration No........................................
Dated..........................................................granted
By......................................................and having its
Principal place of business at...................................
……………………………………………………..
..........................................................................…….
4.) (Name of Company or statutory body...................... When the
Lessee is a
& a company incorporated under the Companies Act, registered company or a

5 ) 1956 a body Corporate constituted and established statutory body.

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

with perpetual succession under the


.........................................................................................
.........................................................................................
................................................................................Act)
hereinafter referred to as "the Lessee" (which expression shall unless the context
does not admit, include his/its/their heirs, executors and administrators/successor or
successors) of the Other Part.
WHEREAS-
1. The Government of Maharashtra has, by Government Resolution No...................
dated the......................................................in the ..........................................the
Department (copy whereof is set out in the First Schedule hereunder
written)sanctioned to grant to the Authority land specified therein and the
Collector,.........................................has by his Order No.
…………………………………..dated the ............………… (copy whereof-is set
out in the Second Schedule hereunder written) transferred the said land to the
Authority on the.......................………………..
2. The Authority is absolutely seized and possessed of and is otherwise well and
sufficiently entitled to dispose of the said land.
3. The Authority has laid out the said land in plots of varying sizes and intends to
develop them by laying out roads and other amenities to provide the necessary
infrastructure.
4. The Authority has for, the purpose of disposing of the said plots of land leases,
held a public auction on..................................................subject to rules and
regulations (copy whereof is set out in the Third Schedule hereunder
written)/invited tenders by a public advertisement/made offers to the Government,
Local Authority, Public Sector Undertaking, Public Utility Supplier/invited offers by
public advertisements.
5. The Authority has accepted the highest bid made by the Lessee at the said auction
offering a premium of Rs....................................……………. the Authority has
accepted the tender, dated ............................................................................of the
Lessee offering a premium of Rs..........................the Authority has accepted the
offer dated.........................……...of the Lessee offering a premium of
Rs..........................…………………..the Licensee has accepted the offer
dated................…………………of the Authority granting the lease for a premium
of Rs.....................for/or one of the plots of land, being Plot
No.............................situated and lying in Survey No........................of the
Registration, Sub-District of Registration District of..................……and contained
by admeasurements .............................sq.m. (containing maximum permissible
floor space of ........................... sq.m.) described in the Fourth Schedule
hereunder written and more particularly delineated on the plan annexed hereto
and shown thereon by a red colored boundary line and the Authority has

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

accordingly agreed to grant to the Lessee the said plot of land on the terms and
conditions hereinafter appearing.

NOW THIS LEASE WITNESSETH AS FOLLOWS:


1. Description of the Land:
In consideration of the premises and of the sum Rs……………………….. (Rupees
…………………………………………………………….. Only), paid by the Lessee to
the Lessor as premium and of covenants and agreements on the part the Lessee
hereinafter contained, the Lessor doth hereby demise unto the Lessee all that part
of a piece of land known as Plot No. …………….. situated in ………… block of
Bandra-Kurla Complex at CTS No.4207 of Village KoleKalyan, Tal. Andheri,
Mumbai Suburban District containing by admeasurements ……………. Sq. Mtrs.
(containing maximum permissible built-up area of …………… Sq.Mtrs.) bounded
as follows that is to say:
On or towards the North by :
On or towards the South by :
On or towards the East by :
On or towards the West by :
and delineated on the plan annexed hereto and shown thereon by a red colour
boundary line together with the building and erections now or at any time
hereinafter standing and being thereon AND TOGETHER WITH all rights,
easements and appurtenances thereto belonging to the Lessor EXCEPT AND
RESERVING unto Lessor all mines and minerals in and under the said land or any
part thereof to HOLD the land and premises hereinabove expressed to be hereby
demised (hereinafter referred to as “the demised premises”) unto the Lessor for
the term of 80 years computed from the ………………………………… subject
nevertheless to provisions of Mumbai Metropolitan Region Development Authority
Act, 1974, and the Rules and Regulations thereunder.
2. The Lessee hereby agrees to observe and perform the following conditions that is
to say:
(a) Submission of plans for approval : That the Lessee shall within three months
of the date hereof submit to the Chief, Town and Country Planning Division of the
Mumbai Metropolitan Region Development Authority, or any other officer duly
empowered in this regard (hereinafter referred to as ‘the said officer’) for his
approval the plans, elevations, sections, specifications and details of the buildings
hereby agreed by the Lessee to be erected on the said land and the Lessee shall,
at his own cost and as often as he may be called upon to do so, amend all or any
such plans and elevations and if so required, shall produce the same before the
Chief, Town & Country Planning Division of the Mumbai Metropolitan Region
Development Authority, or the said Officer and shall supply him such details, as
may be called for, of plans, elevations, and specifications and when such plans,
elevations, details and specifications shall be finally approved by the Chief, Town

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& Country Planning Division or the said officer and signed by him, the Lessee shall
sign and leave with the said Officer three copies thereof and also three signed
copies of any further conditions or stipulations which may be agreed upon
between the Lessee and the said Officer.
(b) Fencing During Construction: The said plot of land shall be fenced during the
construction by the Lessee at his expense in a manner approved by the Chief,
Town & Country Planning Division or the said Officer.
(c) No Work To Begin Until Plans Are Approved : No work shall be commenced or
carried on which infringes any of the Development Control Regulations and
Building Regulations set out in the SCHEDULE - THIRD hereto as also Municipal
or any other regulations so far as the same are applicable to the said plot of land
or to the use for which the said land and / or building there upon is going to be put
to; being the subject of these presents, or until the said plans, elevations, sections,
specifications and details shall have been so approved as aforesaid, and thereafter
shall not make any alterations or additions there to unless such alterations and
additions shall have been previously, in like manner, approved.
(d) Time limits for commencement and completion of construction work : That
the Lessee shall within three months from the receipt of approval of his plans and
specifications of building or buildings intended to be erected on the land,
commence and within a period of six years from the date of this lease at his own
expense and in a substantial and workman-like manner and with the sound
materials and in compliance with the said Development Control Regulations and
Building Regulations and all Municipal Rules, bye-laws and Regulations applicable
hereto and in strict accordance with the approved plans, elevations, sections,
specifications and details, to the satisfactions of the Metropolitan Commissioner
and confirming to the building lines marked on the plan hereto annexed, and the
Development Control Regulations and Building Regulations, build and completely
finish, fit for occupation a building to be used as building with all requisite drains
and other proper convenience thereto.
(e) Extension of time stipulated for construction of building or development of
land :
(i) If the Lessee shall not perform and observe the limitations of the time
mentioned in clause 2 (d) above for construction of the intended building or
otherwise development of land leased to him for reasons beyond his control,
the Metropolitan Commissioner may permit extension of such time on payment
of additional premium at the following rates:
(a) All the Govt. - 5% of the lease premium per year till
Organizations they complete the construction.
(b) Semi Govt. & - (i) Upto 3 - 10% of the lease
Public Sector years premium per
Organizations year.
and Private

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

Sector (ii) Beyond 3 - 15% of the lease


Organizations years till premium per year.
they
complete
the
construction
(c) The additional premium shall be charged in proportion to the built-
up area of which construction is incomplete i.e. to exclude the built-
up area of which OC is issued.
(d) The additional premium shall be charged proportionately for the
extended period of completion of the construction.
(ii) If the Metropolitan Commissioner shall refuse to permit such extension of time
or shall find the Lessee of having committed breach of any condition or
covenant during limitation of time mentioned in clause 2(d) hereinbefore, the
Metropolitan Commissioner may forfeit and determine the Lease; provided that
in the event of such determination of lease 25 percent of the premium paid by
the Lessee to the Lessor shall stand forfeited and the remaining 75 percent of
such premium shall be refunded to him; provided further that the power to so
determine the Lease shall not be exercised unless and until the Metropolitan
Commissioner shall have given to the Lessee or left on some part of the
demised premises a notice in writing of his intention to do so and of specific
breach of the covenant or condition in respect of which forfeiture is intended
and default shall have been made by the Lessee in remedying such breach
within three months from the service of notice on him or the notice being left on
the demised premises.
3. Covenants by the Lessee: The Lessee with intent to bind all persons into
whosoever hand the demise premises may come doth hereby covenant with the
Lessor as follows:
(a) To pay rates and taxes : To pay all existing and future taxes, rates and
assessments, land revenue and out goings of every description for the time being
payable either by landlord or the tenant or by the occupier in respect of the demised
premises and anything for the time being thereon. The stamp duty and the
registration charges and all other charges payable in connection with the execution
of the Deed of Lease shall be borne wholly and exclusively by the Lessee.
(b) Not to excavate : Not to make any excavation on any part of the said plot of land
hereby demised not remove any stone, sand, gravel, clay or earth there from
except for the purpose of forming foundations of buildings or for the purpose of
executing any work pursuant to the terms of this Lease.
(c) Not to erect beyond the building the building line : Not to erect any building,
erection or structure except a compound wall and steps, and necessary adjuncts

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

thereto as hereinafter, provided on any portion of the said plot of land outside the
building line shown upon the said plan.
(d) Not to affix or display signboards, advertisements etc. : Not at any time during
the continuance of the said term, to affix display or permit to affix or display on or
from the demised premises any signboard, sky-sign, neon sign or advertisement
without or with illumination or otherwise unless the consent in writing of the
Metropolitan Commissioner has been previously obtained thereto.
(e) To build only as per agreement: Not at any time during the period of this demise
to erect any building, erection or structure on any portion of the said plot of land
except in accordance with the Development Control Regulations and Building
Regulations set out in the THIRD SCHEDULE hereto.
(f) Plan to be submitted before building : That no building or erection to be erected
or additions to be made hereafter shall be commenced unless and until
specifications, plans, elevations, sections and details thereof shall have been
previously submitted by the Lessee in triplicate for scrutiny of and be approved in
writing by the Chief, Town and Country Planning Division of the Mumbai
Metropolitan Region Development Authority or the said Officer.
(g) To build according to Development Control Regulations and Building
Regulations or Municipal Regulations in force from time to time : In the
completion of any such building or erection thereof or addition thereto and at all
times during the continuance of this demise to observe and to conform to the said
Development Control Regulations and Building Regulations and to all bye-laws,
rules and regulations of the Municipality or other body having authority in that
behalf and any other statutory regulations as may be in force for the time being,
relating in any way to the demised premises and any building thereon.
(h) Sanitation : To observe and conform to the Development Control Regulations and
Building Regulations, all rules, regulations and bye-laws of the local authority
concerned, or any other statutory regulations in any way relating to public health
and sanitation in force for the time being and to provide sufficient latrine
accommodation and other sanitary arrangements for the laborers, workmen and
other staff employed on the demised premises in order to keep the demised
premises and surroundings clean and in good condition to the satisfaction of the
Metropolitan Commissioner and shall not without the previous consent in writing
of the Metropolitan Commissioner permit any labourers or workmen to reside upon
the demised premises and in the event of such consent being given shall comply
strictly with the terms thereof.
(i) Alterations : That no alterations or addition shall at any time be made to any
facade or elevation of any building or erection and standing on the demised
premises or architectural features thereof except with the previous approval in
writing of the said Officer.

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

(j) To repair : Throughout the said term at the Lessee’s expense well and substantial
to repair, pave, cleanse and keep in good and substantial repairs and condition
(including all usual and necessary internal and external painting, colour and white
washing) to the satisfaction of the said Officer the said building and the premises
and drains, compound walls and fences thereunto belonging and all fixtures and
all additions thereto.
(k) To enter and inspect : To permit the Metropolitan Commissioner and the officers,
surveyors, workmen or others employed by him from time to time and at all
reasonable times of the day during the term hereby granted after a week’s previous
notice to enter into or upon the demised premises and to inspect the state of repairs
thereof and if, upon such inspection it shall appear that any repairs or any works
are necessary, they or any of them may, by notice to the Lessee, call upon him to
execute the repairs or such works and upon his failure to do so within a reasonable
time the Lessor may execute them at the expense, in all respect, of the Lessee.
(l) Nuisance : Not to do or permit anything to be done on the demised premises
which may be a nuisance, annoyance or disturbance to the owners, occupiers or
residents of other premises in the vicinity.
(m) User : To use the demised premises for the purpose of
…………………………………… of the Lessee only and for no other purpose,
(n) Indemnity : To indemnify and keep indemnified the Lessor against any and all
claims for damage, which may be caused to any adjoining buildings or other
premises in consequence of the erection of the aforesaid works and also against
all payments whatsoever which during the progress of the work may become
payable or be demanded by the Municipality or any local authorities in respect of
the said works or of anything done under the authority herein contained.
(o) Delivery of possession after expiration : At the expiration or sooner
determination of the said terms, quietly to deliver unto the Lessor the demised
premises and all erections and buildings then standing or being thereon
PROVIDED always that the Lessee shall be at liberty if he shall have paid the rent
and all Municipal and other taxes, rates and assessments then due and shall have
performed and observed the covenants and conditions herein contained prior to
the expiration of the said term, to remove and appropriate to himself all buildings,
erection and structures and materials from the said plot of land but so nevertheless
that the Lessee shall deliver up as aforesaid to the Lessor leveled and put in good
order and condition to the satisfaction of the Lessor all land from which the
buildings, erection or structures may have been removed. Provided further that
after the possession of the demised premises has been delivered to or obtained by
the Lessor, such building, erection or structure shall stand forfeited to the Lessor.
(p) Not to assign : Not to sell, mortgage, assign, underlet or sublet or part with the
possession of the demised premises or any part thereof or any interest therein
without the previous written consent of the Metropolitan Commissioner, Consent

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may be granted by the Metropolitan Commissioner subject to payment by the


Lessee of a sum equal to 10 percent of the stamp duty chargeable on the
instrument of intended transfer under the Bombay Stamp Act, 1958 and further
subject to such conditions as he may impose in public interest. Provided that
nothing shall be payable in case of the first transfer of demised premises or each
unit of the demised premises (If entire demised premises is firstly assign, then
further assignment of part or each unit of the demised premises shall be second
& subsequent transfer and shall attracts the payment as stated hereinbefore).
Provided further that mortgage of the said plot for raising loan for construction
purpose from the Govt. approved Financial Institution or Banks will not be treated
as ‘First Transfer’ in terms of this sub-article, however previous written consent of
the Metropolitan Commissioner should have been obtained on payment of
necessary processing fee as may be decided by the Authority
(q) Change in status of the Lessee : No change in the proprietary or partnership or
a limited or unlimited company or of a registered or unregistered partnership firm
to whom the plot is leased shall be recognized without the previous written consent
of the Metropolitan Commissioner.
4. Recovery of rent as land revenue :- If and whenever any part of the premium or
the ground rent hereby reserved shall be in arrears, the same may be recovered
from the Lessee as an area of land revenue under the provision of Mumbai
Metropolitan Region Development Authority Act, 1974, or any modification thereof
for the time being in force.
5. Re-entry :- If the said rent hereby reserved shall be in arrears for the space of 30
days whether the same shall have been legally demanded or not or if and whenever
there shall be a breach of any of the covenants by the Lessee herein before
contained, or if the Lessee shall be adjudicated insolvent or bankrupt or shall
renounce his character as such by setting a title in the third person or claiming a
title in himself, the Lesser may re-enter upon any part of the demised premises in
the name of the whole and thereupon the term hereby granted shall absolutely
cease and determine and in that case no compensation shall be payable to the
Lessee on account of the building or improvements built or carried out on the
demised premises, or claimed by the Lessee on account of the building or
improvements built or made. PROVIDED ALWAYS, that except for non-payment
of rent as aforesaid, the power of re-entry herein above contained shall not be
exercised unless and until the Lessor or the Metropolitan Commissioner on behalf
of the Lessor shall have given to the Lessee a notice in writing of his intention to
enter and of the specific breaches of covenants in respect of which the re-entry is
intended to be made and default shall have been made by the Lessee in remedying
such breach or breaches within three months after giving such notice.
6. Summary eviction of persons unauthorisedly occupying the demised land on
determination of the Lease :- If, on determination of lease, any person is found
unauthorisedly occupying or wrongfully in possession of the demised premises, it

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shall be lawful for the Metropolitan Commissioner to secure summary eviction of


such person in accordance with the provisions of the Bombay Metropolitan Region
Development Authority Act, 1974, or any modification thereof for the time being in
force.
7. Notice and Demand - Any demand for payment or notice requiring to be made
upon or given to the Lessee shall be sufficiently made or given if sent by the Lessor
through the post by registered letter addressed to the Lessee at the demised
premises and any demand or notice sent by post shall be deemed to have been
delivered in the usual course of post.
8. In case of any violations done by the lessee or any of the occupant of the
premises on his behalf who is authorized by MMRDA, suitable penalty maybe
levied by the Metropolitan Commissioner. (Subject to approval of the Authority)
9. For any Grievances, the lessee may apply before Metropolitan Commissioner.
The decision take by the Metropolitan Commissioner shall be binding upon the
lessee. (Subject to approval of the Authority)
10. The Provisions of MMRDA Land Disposal regulations 1977, the Authority
resolutions shall be applicable to the lessee as amended from time to time.(Subject
to approval of the Authority)
Marginal Note - The marginal notes do not form part of the Lease and shall not
be referred to for construction or interpretation thereof.
IN WITNESS WHEREOF the Lessor and the Lessee have hereunto set and
subscribed their hands and seal this day and year first above written.
FIRST SCHEDULE
TO
FIFTH SCHEDULE
SIGNED AND DELIVERED for and on
Behalf of the Mumbai Metropolitan Region
Development Authority by the hand of
Shri……………………………………………………..
In the presence of -
1.
2.
SIGNED AND DELIVERED by the within
named Lessee in the presence of -
1.
2.

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5.2 Annex-B: BKC Notified Area Development Control Regulations, 1979

1. Preamble: Whereas it is expedient to make Regulations for the development of


lands in the Bandra-Kurla Notified Area, it is hereby provided as follows:

2. Short Title, Extent and Commencement.

(i) These Regulations may be called the MMRDA Bandra-Kurla Notified Area
Development Control Regulations, 1979.
(ii) They shall apply to any development of land in the Bandra-Kurla Notified
Area.
(iii) They shall come into force from the date on which the proposals for the
development of lands in the Bandra-Kurla Notified Area are approved by the
Government of Maharashtra in accordance with the provisions of Clause (d)
of Sub-Section (3) of Section 40 and other applicable provisions of the
Maharashtra Regional and Town Planning Act, 1966.

3. Definitions: In these Regulations, unless the context otherwise requires,


(i) "Architectural Control Drawing" means a drawing or drawings issued or
approved by the Metropolitan Commissioner, or by any officer designated by
him with the approval of the Authority, and specifying matters as stated in
Regulation 5.
(ii) “Authority” means the Mumbai Metropolitan Region Development Authority
constituted and established under the Mumbai Metropolitan Region
Development Authority Act, 1974.
(iii) 1
(iv) “Hoarding” means any surface or structure erected on ground or any portion
of a roof of a building or on or above the wall or parapet, with characters,
letters or illustrations applied thereto and displayed in any manner whatsoever
out of doors for the purpose of advertising or to give information regarding or
to attract the public to any place, persons, public performance, article or
merchandise whatsoever.
(v) “Land Use” means the use or uses of land for purposes allocated by the
planning proposals.
(vi) “Notified Area” means the part of the area specified by the Maharashtra
Government Notification No. U.D. & P.H.D. No. BKR-1177/262-UD-5, dated
the 7th March, 1977, in respect of which part, the foregoing proposals for the
development of the lands are approved by the State Government under the
provisions of Clause (3) of Section 115, as incorporated in Clause (d) of Sub-
Section (3) of Section 40 of the Maharashtra Regional and Town Planning
Act, 1966.

1Deleted vide Government Notification in Urban Development Department No. BKR-1177/262/UD-11, dated the 14th October,
1994.

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(vii) “Open Space” means an area forming an integral part of any plot and left
permanently open to the sky. Front open space means an open space
adjacent to the street from which a vehicular access to the plot has been
permitted by the Authority. In case of access to a plot from two or more
streets, the open space adjacent to the street wider of the two or widest of
them, as the case may be, shall be deemed as the front open space. Side
and rear open spaces shall be construed with reference to the front open
space.
(viii) “Planning Proposals” means the proposals of the Metropolitan Authority for
the development of lands contained in the Notified Area, and approved by the
Government.
(ix) “Social Facilities” means primary school, secondary school, college, fire
brigade station, dispensary, maternity home, hospital, cemetery, community
centre, public convenience, stadium, and such other facilities.

(x) 2
(xi) All words and expressions used in these Regulations and not defined herein
shall have meanings assigned to them under the Maharashtra Regional and
Town Planning Act, 1966 or the Mumbai Metropolitan Region Development
Authority Act, 1974, or the National Building Code, or the Building Regulations
and Bye-Laws or the Development Control Regulations of the Municipal
Corporation of Greater Mumbai, as amended from time to time.

4. General Aspects :
(i) No land shall be used otherwise than for the purpose allocated to it by the
Planning Proposals.
(ii)3Floor Space Index for the purpose of development shall be as follows, that is
to say:-
USER FSI
Residential 4‘G’ Block – 4.00,
5 ‘E’ Block & S.No.378(pt)/ CTS No.7643(pt) Kolekalyan –

3.00# (except for plots in CRZ area)


Remaining – 1.50#
Area in BKC
*(Except that in respect of the land agreed to be leased or
leased before 14/6/1977 by the Maharashtra Housing Board
constituted and established under the Bombay housing
Board Act, 1948, the Floor Space Index shall be 2.0)

2Deleted in view of Maharashtra Act 30 of 1983.


3Inserted vide Government Notification no. TPB-4307/2594/2617/CR-65/2008/UD-11 dated 2nd May 2008.
4Inserted vide Government Notification no. TPB-4313/244/CR-158/13/UD-11 dated 23rd October 2015.
5Inserted vide Government Notification no. TPB-4308/3531/CR-29/2009/UD-11 dated 31st August 2009.

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(Except for the area for which Planning Proposals are not
framed).
Commercial ‘G’ Block – 4.00#
6 ‘E’ Block & S.No.378(pt)/ CTS No.7643(pt) Kolekalyan–

3.00# (except for plots in CRZ area)


Remaining – 2.00#
Area in BKC
7Plot in D1 Block earmarked for

Railway use modified for commercial use – 4.00**


Social 1.5#
Facilities
# Subject to the payment of premium as may be decided by the authority from
time to time.
**Subject to condition that railway shall use 2/3 of the proceeds from additional
FSI for MUTP II and 1/3rd for rest of Maharashtra Railway works.

These values of Floor Space Index (except the one marked by asterisk*) are
the values of the aggregate Floor Space Index in respect of total buildable area
in a block of plots in the respective zones. The maximum permissible floor
space in any plot shall be in accordance with the Architectural Control Drawing
for that plot.

10Built-up space equivalent to the FSI of 0.45 shall be allowed to be used for
commercial purpose, out of the normally permissible 1.5 FSI, in respect of
Educational Institutions and Medical Institutions who have received ISO or
equivalent subject to following conditions.
1) Commercial use to be allowed should be ancillary to the principal use of
educational/medical institutions.
2) It shall be applicable only to the plots fronting on road having minimum width
of 18.30 mt.
10(iii) Additional Floor space index for Education Institutions.

6Inserted vide Government Notification no. TPB-4308/3531/CR-29/2009/UD-11 dated 31st August 2009.
7Inserted vide Government Notification no. CMS/TPB-4307/654/CR-125/2008/UD-11 Dated 21st August 2008.
8Deleted vide Government Notification no. CMS/TPB-4306/218/CR-267/06/UD-11 Dated 25th June 2008.
9Deleted vide Government Notification no. CMS/TPB-4306/218/CR-267/06/UD-11 Dated 25th June 2008.
10 Modified vide Notice No. TCP/(P-2)/BKC-11.22/462/2003 published in Govt. Gazette dated 27th Feb 2004.

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With the previous approval of Govt. FSI specified above may be permitted to
be exceeded upto 4.00 in respect of buildings in independent plots of educational
institutions subject to terms and conditions as enumerated below:

a) Such additional FSI will be permissible subject to the payment of


premium as may be decided by the Government.
b) The additional built-up area over and above the permissible FSI shall
be utilized for bonafide educational purposes only.
c) As and when required, some rooms of Educational buildings shall be
made available to the Government by the concerned institutions.
d) 10% seats, out of the total capacity, shall be reserved for Government
nominees as may be recommended by the Department of School
Education, Department of Higher and Technical Education, Government
of Maharashtra.
e) The Director of School Education, Government of Maharashtra and
Director of Higher and Technical Education, Government of Maharashtra
shall be the competent authority to monitor as to whether the Educational
institution is observing the terms and conditions referred to as (c) and (d)
above and is case of any breach thereof or in case the Education being
rendered by the Educational Institution are not to the satisfaction of the
said Department, the Director of School Education and the Director of
Higher and Technical Education shall have the right to suitably penalize
the Education Institution.
f) The Educational Institution shall maintain records regarding
free/concessional education rendered to the needy persons, which shall
be made available to the Director of School Education, Higher and
Technical Education on demand.
g) The trustees of the Educational Institution shall furnish the requisite
periodical statements to the Director of School Education Higher and
Technical Education in regard to (d), (e) and (f) above.
h) A building for an Educational Institution containing mixed users (area
under non-education users not exceeding 20% of the normal permissible
FSI 1.50) shall also be eligible for further additional FSI to be considered
on the total net plot area.
(a) Commercial use to be allowed should be ancillary to the principal
use of educational /medical institutions.
(b) It shall applicable only to the plots fronting on roads having
minimum width of 18.30 mt.

i) The Educational Institution shall file an undertaking that it shall abide by


the above enumerated terms and conditions.
j) Development in CRZ area shall be as per the provisions of CRZ
notification, amended from time to time.

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11 (iv) Additional Floor space index for Medical Institutions.


With previous approval of the Govt., FSI specified above may be permitted to be
exceeded upto 4.00 in respect of buildings in independent plots of Medical
Institutions subject to terms and conditions as enumerated below:
a) Such additional FSI will be permissible subject to the payment of
premium as may be decided by the Government.
b) The additional built-up area over and above the permissible FSI shall be
utilized for bonafide medical purposes only.
c) Free medical treatment to the extent of at least 20% of the total number
of beds shall be given to persons from economically weaker sections of
society or to persons below the poverty line. In addition, 10% of the total
number of patients in OPD shall be provided treatment at concessional
rates that are being charged in Government Hospitals.
d) The Director of Health Services, Government of Maharashtra shall be
the competent authority to monitor as to whether the Medical Institutions
is observing the terms and conditions referred to at (c) & (d) above and,
in case of any breach thereof or in case the medical services being
rendered by the Medical Institution are not to the satisfaction of the
Director of Health Services, the Director of Health Services shall have
the right to suitable penalize the medical institution.
e) The Medical Institution shall maintain records regarding
free/concessional medical treatment rendered to the needy persons,
which shall be made available to the Director of Services on demand.
f) The trustees of Medical Institution shall furnish the requisite periodical
statements to the Director of Health Services in regard to (c) & (d) above.
g) A building for a Medical Institution containing mixed users (area under
non-medical users not exceeding 10% of the normal permissible FSI
1.50) shall also be eligible for further additional FSI to be considered on
the total net plot area.
(a) Commercial use to be allowed should be ancillary to the principal use
of education/ medical institutions.
(b) It shall applicable only to the plots fronting on roads having minimum
width of 18.30 mt.
h) Development in CRZ area shall be as per the provisions of CRZ
notification amended from time to time.
12
4A(i ) "Floor Space" means the combined gross floor area of all floors including the
area occupied by all walls and mezzanine floors of a building, but excluding –
a) Areas of structures permitted in recreational open space under Clause (g) of
Sub-Regulation (1) of Regulation 23 of Development Control Regulations for
Greater Mumbai, 1991.

11Inserted vide Government Notification no. CMS/TPB-4306/218/CR-267/06/UD-11 Dated 25th June 2008.
12Inserted vide Government Notification in UDD, No. BKR-1177/ 262/UD-11, dtd 14th October, 1994.

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13 …. However, in a recreational open space or playground exceeding 50000


sq.m. or more in area (in one piece and in one place), structures for pavilion,
gymnasia, club houses and other structures for the purpose of sports and
recreation activities may be permitted with built up area not exceeding 20% of
the total recreational open spaces in one place. The area of plinth of such
structure shall be restricted to 15% of the area of total recreational open space.”
b) Areas covered by features permitted in open spaces as listed in Regulation 30
of the Development Control Regulations for Greater Mumbai, 1991.
14c) Areas covered by stair-case rooms, lift rooms above the topmost storey, lift wells

and stair cases and passages thereof architectural features, chimneys and
elevated tanks of permissible dimensions with the special permission of the
Metropolitan Commissioner by charging premium on the lines of Municipal
Corporation of Gr. Mumbai.
d) Area of fire escape stairways and cantilever fire escape passages according to
the Chief Fire Officer's requirements as in sub-regulation (5) of Regulation 44
of Development Control Regulations for Greater Mumbai, 1991.
15e) Maximum permissible area of the Basement shall be limited to twice the plinth
area of the building (s) or the area of the plot, whichever is higher, and the same
may be on one level or more.
However, additional basement area, over and above the aforesaid limit, may
be allowed, provided such additional area is used only for vehicular parking.

16

17

f) Area of covered parking spaces as provided in Sub-Regulation (5) of


Regulation 36 of Development Control Regulations for Greater Mumbai, 1991.
g) Area of one office room of a co-operative housing society or apartment owners'
association as provided in Sub-Regulation (11) of Regulation 38 of the
Development Control Regulations for Greater Mumbai, 1991.
h) Area of the sanitary block(s) consisting of a bathroom and a water closet for
each wing of each floor of a building of prescribed dimensions deriving access
from a common passage as provided in Sub-Regulation (4) of Regulation 38 of
D.C. Regulations for Greater Bombay, 1991, for the use of domestic servants
engaged in the premises.
i) Refuge area as provided in Sub-Regulation (7) of Regulation 44 of D.C.
Regulations for Greater Mumbai, 1991,
j) Areas covered by-

13Inserted vide Govt. Order No.TPB-4308/829/CR-144/08/UD-11 dated 12th December 2008.


14Inserted vide Govt. Notification No.TPB-4307/2617/CR-65/UD-11 dated 5th July 2008
15Substituted vide Govt. Notification No.TPB 4313/877/CR-36/2014/UD-11 dated 04 March 2014.
16Deleted vide Govt. Notification No.TPB-4309/393/CR-292/UD-11 dated 28th May 2012.
17Inserted vide Govt. Notification No.DCR-1097/2007/CR-12/98/UD-11 dated 15th January, 1999.

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i. Lofts (vide Sub-Regulation (5) of Regulation 38 of D.C. Regulations for


Greater Mumbai, 1991);
ii. Meter rooms (vide Sub-Regulation (13) of Regulation 38 of D.C. Regulations
for Greater Mumbai 1991);
iii. Porches (vide Sub-Regulation (20) of Regulation 38 of D.C. Regulations
for Greater Mumbai 1991);
iv. Canopies (vide Sub-Regulation (21) of Regulation 38 of D.C. Regulations
for Greater Mumbai, 1991);
v. Air-conditioning plant rooms;
vi. Electric sub-stations (vide Regulation 26 of D.C. Regulations for Greater
Mumbai, 1991);
vii. Service floor of height not exceeding 1.5 mtr. with the special permission of
the Commissioner.
k) Area of balconies as provided in Sub-Regulation (22) of Regulation 38 of D.C.
Regulations for Greater Mumbai, 1991, except in reconstruction schemes with
F.S.I. 2 or more.
l) Area of structures for an effluent treatment plant as required to be provided by
industries as per the requirements of the Maharashtra Pollution Board or other
relevant authorities. Provided however, in the case of an existing industry, if no
vacant land is available, the Commissioner may permit structures with
dimensions to be approved by him for such effluent treatment plant on 10 per
cent amenity open space.
m) Areas covered by service ducts, pump rooms, electric sub-station, niches up to
1 mtr. depth below window sill, passages and additional amenity of lift and/or
staircase beyond those required under the Regulations with the permission of
the Commissioner;
n) Area covered by new or additional lifts and staircases, including passages to
be provided in a building with the permission of the Commissioner;
o) Area of one milk booth under the public distribution system with the permission
of the Commissioner;
p) Area of one public telephone booth and one telephone exchange (PBX) per
building with the permission of the Commissioner ;
q) Area of one room for installation of telephone connections as per requirements
of Mahanagar Telephone Nigam Limited, but not exceeding 20 sq. mtrs. per
building, with the permission of the Commissioner;
r) Area of separate letter box on the ground floor of residential and commercial
buildings with five or more storeys to the satisfaction of the Commissioner (vide
Sub-Regulation (12) of Regulation 38 of Development Control Regulations for
Greater Mumbai, 1991);
s) Area of a covered passage of clear width not more than 1.52 mt. (5 ft.) leading
from a lift exit at terrace level to the existing staircase so as to enable descent
to lower floors in a building to reach tenements not having direct access to a
new lift in a building without an existing lift ;

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t) 18Area
covered by arcade, which is a sheltered pedestrian passage open to the
general public and provided below a building on its front side or elsewhere as
required by the Authority, and of a height as prescribed by the Authority and
subject further to such other specifications of the Authority as will, in its opinion,
impart an aesthetically homogeneous continuity to the feature and to the built
environment ;
u) 19Area covered by staircase rooms, lifts lobbies, lift wells in cases of buildings
exclusively used for Educational and Medical Institutions and for Institutional
purposes.
Provided further that where the permissible FSI has not been exhausted in the case
of existing buildings and cases decided by the Mumbai Metropolitan Region
Development Authority/Corporation prior to coming into force of these regulations, the
exclusions from FSI computation as in these Regulations will be available for
construction of balance potential.

4A(ii)20Additional Floor Space Index for rehabilitation of slum-dwellers through


owners/developers co-operative housing societies - For redevelopment or
restructuring of censused slums or such slums whose structures and inhabitants,
names appear in the Legislative Assembly Voters' list of 1985 by the
owners/developers of the land on which such slums are located or by Co-operative
Housing Societies of such slum-dwellers a total floor space index of up to 2.5 may be
granted in accordance with schemes to be approved by special permission of the
Commissioner in each case. Each scheme shall provide inter alia the size of
tenements to be provided to the slum-dwellers, the cost at which they are to be
provided on the plot and additional tenements which the owners/ developer can
provide to accommodate/rehabilitate slum-dwellers/project-affected persons from
other areas, etc., in accordance with the guidelines laid down in the Regulations in
Appendix IV of Development Control Regulations for Greater Mumbai, 1991.

4A (iii)21Entry at Sr. No. 1(d) in Table 19 of Sub-Clause (ii) of Sub-Regulation 2 of


Regulation 38 of the Development Control Regulations for Greater Mumbai, 1991, for
the G and G/North and H Blocks of Bandra-Kurla Complex, shall read:

TABLE 19
Height of Habitable Room
Sr. Occupancy Minimum Maximum
No Height Height (in
(in meters)
meters)

18Inserted vide Government Notification in UDD no. BKR-1097/1281/CR-169/97UD-11 dated 11th January 2000.
19Inserted vide Government Notification in UDD no. BKR-1097/1281/CR-169/97UD-11 dated 11th January 2000.
20Inserted vide Government Notification in UDD no. BKR-1177/262/UD-11 Dated 14th October 1994.
21Inserted vide Government Notification in UDD no. BKR-1177/262/UD-11 Dated 14th October 1994.

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1 (d) • Assembly Halls, Residential Hotels of 3- 3.6 4.2


Star category and above, institutional, Subject to the
educational, industrial hazardous or written
storage occupancies, departmental stores, permission of
including entrance halls, lobbies and the
atriums of all aforesaid categories and the Commissioner,
commercial buildings from G and G/North greater height
& H blocks of Bandra-Kurla Complex. may be
permitted.
• “Exhibition Hall” to be treated at par with the “Assembly Hall” .
22

5. Notwithstanding anything contained herein to the contrary, but subject to provision


of Regulation 4 &4A, the development of land shall be carried out in accordance
with the Architectural Control Drawing which may specify, amongst others, the
following matters, that is to say the maximum permissible floor space, height,
coverage on the ground, connections with roads, pedestrian paths and other
buildings, any projections such as balconies, galleries, overhangs, marginal open
spaces on all sides, space for signboards, nameplates and hoardings, elevational
or facade treatment, shopping line, parking areas, compound wall and such other
details, which govern the total aspect of the building on the plot and its aesthetics.
The maximum permissible height of buildings shall be subject to limitations, if any,
set out from time to time by the International Airport Authority of India constituted
amongst others for the International airport in Bombay under the International
Airport Authority Act, 1971.

6. Application of the Development Control Rules: Subject to the Regulation No. 5,


the provisions of the Development Control Rules for Greater Mumbai framed by the
Municipal Corporation of Greater Mumbai from time to time in exercise of its powers
under Clause (m) of Section 22 and all other applicable sections of the Maharashtra
Regional and Town Planning Act, 1966, shall apply mutatis mutandis to the
development of land, with the modification that the expressions "'Bombay Municipal
Corporation" and "Municipal Commissioner" shall be substituted by the expressions
“Metropolitan Authority” and "Metropolitan Commissioner" respectively.

7. Nothing contained herein shall derogate from any right or power exercisable by the
Municipal Corporation of Greater Mumbai under the provisions of the
Brihanmumbai as Municipal Corporation Act, 1888, and the rules, regulations and
bye-laws made there under. Any development of land shall be carried out without
prejudice to such provisions.

22
Clarification inserted vide Govt. Notification in UDD no. TPB -4307/CR-216/2007/UD-11 Dated 3rd Dec 2007.

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5.3 Annex-C: Location & Measurement Plan


5.3.1 Location Plan of Plot no. C-13, G-Block of BKC

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5.3.2 Measurement plan of plot no. C-13, G-Block of BKC

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5.4 Annex-D: Architectural Controls for Plots in G-block of BKC

ARCHITECTURAL CONTROLS FOR PLOTS IN G-BLOCK OF BANDRA-KURLA


COMPLEX

Legend for Architectural Controls.


• (Controls applicable to plot C-13 are indicated in Bold type, Underlined and
Bracketed).
• (please note that Architectural Control Plan is not applicable to this plot & hence
not enclosed)
1. Building Line.
2. Podium Line.
3. Setback Line for Superstructure.
4. Arcade.
5. Open Space.
6. Soft Verge.
7. Plot Entry.
8. Fire Tender Access Road.
9. Mandatory Margin
10.Pedestrian Pathway.
11.Residual Space.
12.Public Plaza.
13.Compound Wall
[14.Other Architectural Controls]
1. Building Line along road edges:
a) Building line shall be at a mandatory distance of 7.50 m and as shown on the
Architectural Control Plan from plot boundary along the road edges.
2. Podium Line:
a) Mandatory {Podium shall be as shown in the Architectural Control Plan,
b) The Podium shall be at 19.98 m height at the location shown in the Architectural
Control Plan.
c) Horizontal distance of Podium from the plot boundary shall be as shown in the
Architectural Control Plan.
3 Set-back line for superstructure:
a) Set back line shall be as shown in the Architectural control Plan.
b) Where the set-back line is not specified it shall be as per marginal open spaces
specified in DC rules or as shown in the Architectural Control Plan, whichever is
more.
4. Arcade
a) The arcade shall have a mandatory clear height of 7.20 m. and width of 5.00 m. as
shown in plan & section, which would specifically serve as a continuous covered
uninterrupted passage for movement of pedestrians. The public will have right of
way under the arcade, though the ownership of the same would rest with the
allottee.
b) The type of arch to be constructed shall be optional but should be of one type for
entire arcade in the plot.

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c) The arcade shall terminate as shown in the plan.


d) The arcade shall be properly finished lighted, maintained and protected at all times
by the allottee.
e) Parapet wall shall not be permitted along the outer edge of the arcade.
5 Open Space:
a) Open Space shall be provided as Semi-public open space at the location shown on
the plan which should have adequate landscaping and street furniture.
b) The final landscape design for this open space should be got approved from
MMRDA.
c) The open space shall be maintained and protected by the allottee at all times.
d) The open space shall be properly lighted at all times by allottee.
e) The ownership of the open space would rest with the allottee but the public shall
have uninterrupted right to use the same.
6 Soft verge:
a) Landscaped soft verge of 3.0 m width, shall have plantation of
AnthocephalusCadamba along 30.0 m road edge and MeliaAzederach along 18.0m
road edge.
b) Soft verge should have regular breaks at ground level for pedestrian and fire tender
movement as per Chief Fire Officer’s requirements.
c) The edge or the wall around the soft verge shall not be more than 0.15 m in height.
7 Plot Entry:
a) Vehicular entry permitted at the location indicated on plan.
8 Fire Tender Access Road:
a. Mandatory 6.0 m wide access road for fire tender movement at 4.5 m distance from
facade line which shall be kept free of any obstruction or plantation and shall be
designed as per Chief Fire Officer’s requirements.
9 Mandatory margin of 4.5 m:
a) Mandatory margin of 4.5 m between fire tender access road and facade line which
can be used for purposes such as parking, ramps, steps projections, one story
building and landscaping etc subject to Chief Fire Officer’s clearance.
10 Pedestrian Pathway:
a) Mandatory pedestrian pathway shall be provided at the location shown in the plan
which shall be open to public at all times and shall be free of any obstacles or
encumbrance.
b) Pedestrian pathway shall be maintained and protected by the allottee at all times.
c) Pedestrian pathway shall be properly lighted at all times by the allottee.
d) The ownership of the Pedestrian pathway would rest with the allottee but the
public shall have uninterrupted rights to use the same.
11 Residual Space:
a) Residual space of 1.50m between fire tender access road and plot boundary as
shown in the plan can be used for landscaping.
12 Public Plaza:
a) Public Plaza shall be provided at the location shown on the plan, which shall have
landscaping and street furniture, details of which should be got approved from

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MMRDA before undertaking the development. It is planned to provide pedestrian


underpass at the junction in future. The Public Plaza is expected to accommodate
the pedestrian access for this underpass. Hence no features which may affect this
provision shall be permitted in this plaza.
b) Public Plaza shall be maintained and protected by the allottee at all times.
c) Public Plaza shall be properly lighted at all times by the allottee.
d) The ownership of the Plaza would rest with the allottee but the public shall have
uninterrupted rights to use the same.
13 Compound Walls
Compound walls shall be permitted only at the locations shown in the architectural
control plan subject to approval from Chief Fire Officer. The height of the compound
wall will be as per DCR regulation for Greater Mumbai 1991. However, the lower 0.60
m of the compound wall shall consist any solid material and the rest of the portion shall
consist of ms/aluminium grills/railings etc or any other material which will be
transparent. Gates shall be constructed at the locations shown in the compound walls.
Additionally, gates may be permitted along the internal edge of open spaces if desired
by the plot owner.

14 OTHER ARCHITECTURAL CONTROLS


a) No Projections of any kind will be allowed beyond the mandatory building line shown
in the plans and sections enclosed.

b) Extension of basement beyond building line is optional but the distance between the
outer edge of diaphragm wall of basement and plot boundary shall be minimum 3.0
m on all sides. Basement shall not be permitted below the Open Space, Pedestrian
Pathway and Public Plaza.

[c) Building shall have permanent external finish, such as, stone, glass, metal,
acrylic paints, ceramic tiles, etc.]

[d) No hoarding except building name, number, logo and address shall be
permitted on any external surfaces of building]

[e) Entrance steps of building shall be provided inside the building line.]

[f) Discharge of storm water from terraces etc. should be connected to the storm
water drainage system of the plot. This system should be connected to the
public storm water drainage system of the locality.]

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CHAPTER- 6
ADDITIONAL INFORMATION

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CHAPTER 6: ADDITIONAL INFORMATION

6.1 Annex-E: Map indicating the location of BKC in MMR

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6.2 Annex-F: Map indicating the existing infrastructure in MMR

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6.3 Annex-G: Map of existing/proposed connectivity of BKC

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6.4 Annex-H: Map indicating the prominent landmarks in BKC

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6.5 Annex-I: Schematic Dwg. of B.U.A. consumption for C-13

f
Under CRZ-II Non CRZ

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6.6 Annexure-J: Regarding Furnishing of Bank Guarantee

Following points are to be considered while furnishing Bank Guarantees for MMRDA:

• Bank Guarantee from Nationalized Banks only should be furnished. Under no


circumstances, Bank Guarantees from Co-operative Banks should be
accepted.

• As per RBI guidelines, all Bank Guarantees should be issued by the issuing
bank through SFMS mode. For the purpose, the bank details in respect of
MMRDA for opening Bank Guarantee through SFMS mode are as follows:

Bank Name: Bank of Maharashtra


Branch: Kalanagar, Bandra (East)
A/c No: 60259778998
IFSC Code: MAHB0000164

• BG Should be payable at any branch in Mumbai


• List of Banks:

Nationalised Banks:
State Bank of India Allahabad Bank
Andhra Bank Bank of Baroda
Bank of India Bank of Maharashtra
Canara Bank Central Bank of India
Corporation Bank Indian Bank
Indian Overseas Bank Oriental Bank of Commerce
Punjab National Bank Punjab & Sind Bank
Union Bank of India UCO Bank

Scheduled Banks:
HDFC Bank ICICI Bank
IndusInd Bank Kotak Mahindra Bank
Yes Bank DCB Bank Ltd

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6.7 Annexure-K: E-Tendering Guidelines for MMRDA

1. Bidders should have valid class 3 Digital Signature Certificate (DSC) having
both Signing and Encryption Certificates obtained from any Certifying
Authorities empanelled by Controller of Certifying Authorities India.

2. In case of requirement of DSC, Bidders should go to https://


https://mahatenders.gov.in/nicgep/app. and follow the procedure mentioned in
the document Procedure for Digital Certificate.

3. Bidders who are participating in e-tendering for the first time will have to register
and obtain User ID & Password from the above mentioned portal.

4. In case of any queries, Bidders may contact MMRDA’s e-tendering service desk
at support-eproc@nic.in on any working day from 10am to 5.30pm. (Phone No.
022-26597445)

5. The tenders shall be received online on E-Tendering Mahatender Portal


https://mahatenders.gov.in/nicgep/app and opened by the Office In-Charge
(OIC) on scheduled date and time.

6. If there is any amendment in the tender, the same shall be published on


following MMRDA’s official e-Tender portals / website :
Mahatender Portal:https://mahatenders.gov.in/nicgep/app
MMRDA Website:https://mmrda.maharashtra.gov.in

7. The detailed e-Tender notice along with the subsequent corrigendum,


addendum etc. shall form part of the tender document.

8. The acceptance of tender will be intimated by email or otherwise by the


authority competent to accept the tender or by the higher Authority of MMRDA,
to the Bidder, which shall be deemed to be an intimation of the tender given by
the Authority Competent to accept the tender.

9. Bid shall be submitted online on the e-tendering portal in ‘three electronic


envelopes system’ within prescribed schedule.

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Payment Procedure for Tender Fee and EMD


Tender Document and Supporting information can be downloaded for reference
purpose from the e-Tendering Mahatender Portal during the period mentioned in the
tender notice. Bidders have to make online payment of Tender Fee using online
payment gateway during bid preparation i.e. Debit Card/Credit Card/Net-Banking.
Tender Fee receipt can be system generated during bid preparation by the Bidder.

Earnest Money Deposit:


EMD can be paid by using two Mode of Payment:
a) Online payment gateway (i.e. Debit Card/Credit Card/Net-Banking)
b) RTGS / NEFT mode using the System Generated Unique Challan (Account No
for EMD transaction for this particular Tender is mentioned in the Challan)

Payment procedure for NEFT/RTGS


EMD Payment as mentioned above has to be made through RTGS / NEFT mode using
the System Generated Challan. Bidders should ensure that the payment of the EMD
is made at-least 5 working days prior to the last date of Bid Preparation and
Submission of the Tender Schedule to have seamless submission.

Bidders need to upload scanned copy of EMD paid receipt during bid preparation.

Bidders failing to complete the payment of EMD using the above mentioned process
of RTGS / NEFT or Online payment gateway after downloading the system generated
challan will not be able to submit their bids.

EMD Refund:
Bidders should mention the beneficiary details for EMD refund in the Earnest Money
Deposit Form for fields marked as details required for Refund (applicable only for
Unsuccessful Bidders). MMRDA or e-Tendering Service Provider will not be liable for
delays caused in EMD refund due to incorrect beneficiary details.

The Earnest Money Deposit of Unsuccessful Bidders will be refunded through RTGS,
NEFT mode only after finalization of the tender for which the above refund details are
required. Bidders should also upload scanned copy of cancelled cheque along with
refund letter for refund of their EMD payment. In case of Successful Bidder, amount
of the earnest money deposit paid online shall be adjusted in the last instalment of
70% of the lease premium.
Bidders failing to complete the payment of EMD using the above mentioned process
of RTGS / NEFT after downloading the system generated challans will not be able to
submit their bids.

Note: Kindly note that transfer of funds to MMRDA’s account through NEFT / RTGS
mode, from the Bidders’ ICICI accounts is currently not possible. In case of funds

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

transfer through NEFT / RTGS, Bidders are requested to transfer from any other bank
(excluding ICICI Bank).
• EMD Refund Account should remain active until tender is awarded.

• EMD Refund will happen only after Awarding or Cancellation of tenders.

E-Tendering Bidder’s Process, Basic Requirement and Tutorial Link:

Stage1: Bidder Registration


Stage2: Bid Document Download (Tender Document Downloaded)
Stage3: Bid Preparation and Submission (Bid Status: Bid Hash Prepared)

Mahatender Basic Requirement


a) Download Latest Version of Java Run Time Environment (JRE 8) from
Mahatender Portal (in Download Section).
b) PDF Reader
c) Use Browser Mozilla Firefox 52 for best compatibility as given in Mahatender
Portal (in Download Section).
d) Always Allow pop-ups and Java Plug-in for Mahatender site
e) Windows 10 or above
f) Bidders are requested to read Tender Document Carefully.
g) Class 3 Digital Certificate with both Signing Certificate & Encryption Certificate.
h) Download Anydesk (Free Software) for Monitoring / Screen Sharing for
assistance purpose.

Tutorial Link:

Kindly use
https://mahatenders.gov.in/nicgep/app?page=BiddersManualKit&service= page

link for Bidder Manual Kit for Bidder Registration Process, Bid Preparation &
Submission etc.

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CHAPTER- 7
ENVELOPE ‘A’ PRE-QUALIFICATION
STANDARD TEMPLATES

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CHAPTER 7: ENVELOPE ‘A’ – PRE-QUALIFICATION

7.1 FORM 1 - Covering Letter and Company Profile


(To be enclosed in e-Envelope A)
(To be submitted for all Categories)
(To be signed by Authorized Signatory and printed on the letterhead of the Sole/ Lead
Bidder. The soft copy (pdf format) to be submitted in e-Envelope A)
{Company Letterhead} {Date}

To
The Metropolitan Commissioner,
Mumbai Metropolitan Region Development Authority
9th Floor, MMRDA New Building,
Bandra-Kurla Complex
Bandra (East), Mumbai – 400051
India
Ref: e-Tender Reference No. ………..
Subject: Submission of proposal (e-Envelope A) in Response to the e-Tender
for Lease of Plot No. C-13 in G-Block of Bandra-Kurla Complex, Mumbai for
Commercial use.
Covering letter to e-Envelope-A
Sir,
Having examined the entire e-Tender document, we, the undersigned, herewith submit
our proposal in response to your e-tender reference number………… for Lease of
Plot No. C-13 in G-Block of Bandra- Kurla Complex, Mumbai for Commercial use.
We state that we have read the entire provisions of the e-Tender document,
Corrigendum’s if any and confirm that the same are acceptable to us. We further
declare that additional conditions, variations, deviations, if any, found in our proposal
shall not be given effect by MMRDA. We further state that:

1. We agree to abide by this proposal, consisting of this letter, the detailed response
to this e-Tender and all attachments uploaded.

2. We declare that we are not involved in any litigation that may have an impact of
affecting or compromising the delivery as required under this e-Tender, and we are
not under a declaration of ineligibility for corrupt or fraudulent practices.
3. We declare that there is no conflict of interest that we will be abiding under the
terms and conditions of this e-Tender.

4. We hereby declare that all the information and statements made by us are true and
accept that any misrepresentation contained in it may lead to our disqualification.

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5. We understand you are not bound to shortlist/accept any or all the proposals you
receive.
6. We hereby declare that we qualify and fulfill all the eligibility criteria mentioned in
this e-Tender.
7. We submit the bid at our own risk and indemnify MMRDA from any litigation.

8. We shall submit any of the additional documents required for eligibility of this
Tender that shall be insisted by MMRDA. We also accept that we shall not raise
any objection for MMRDA to insist any additional document from any of the other
party’s that are competing in this Tender.

9. We also declare that we have not been a Loan defaulter or Blacklisted/ Debarred/
by State/Central Government of India or Similar Agencies Globally.

Company/ Consortium Profile

Applicant's (Company’s/ Consortium’s) details are as follows:


Sr.
Particulars Details
No.
Lead/ Sole Bidder’s (Company’s)
1
Full Name
Lead/ Sole Bidder’s (Company’s)
2
present address
Lead/ Sole Bidder’s (Company’s)
3
permanent address
Authorized
Representative/Managing
4
Director/Constituted Attorney’s
Full name
Authorized Representative/
5 Managing Director/Constituted
Attorney’s Designation
Authorized
Representative/Managing
6
Director/Constituted Attorney’s
address

In case of a JV/Consortium,
Consortium Partner-1
7
(Company’s) Full Name
Consortium Partner -1
8
(Company’s) present address

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Consortium Partner -1
9
(Company’s) permanent address
Consortium Partner -2
10
(Company’s) Full Name
Consortium Partner -2
11
(Company’s) present address
Consortium Partner -2
12
(Company’s) permanent address

Till the Lease Deed is executed no member of the 'JV' is allowed to either
withdraw or change the proportion of shares as indicated in their bid document.
After execution of lease deed the withdrawal or change in the proportion of
shares of members will be subject to the provisions of clause 3(p) of lease deed.

We hereby declare that our proposal submitted in response to the e-Tender is


made in good faith, and the information contained is true and correct to the best
of our knowledge and belief. We are jointly and severely responsible for this
submission in response to this e-Tender. I/We agree to abide by the decision
of the Metropolitan Commissioner of the Authority regarding my/our eligibility.

(a)_______________________ ________________________

(b)_______________________ ________________________

(c) ______________________ _______________________

(Applicant's Full Name, Designation, (Signature/s)


the name of the Authority & Seal, etc.)

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7.2 FORM 2 - Tender Cost & EMD details


(To be enclosed in e-Envelope A)
(To be submitted for all Categories)

(To be signed by Authorized Signatory and printed on the letterhead of the Sole/ Lead
Bidder. The soft copy (pdf format) to be submitted in e-Envelope A)
{Company Letterhead} {Date}
To
The Metropolitan Commissioner,
Mumbai Metropolitan Region Development Authority
9th Floor, MMRDA New Building,
Bandra-Kurla Complex
Bandra (East), Mumbai – 400051
India.
Ref: e-Tender Reference No.:……………….
Subject: Submission of proposal (e-Envelope A) in Response to the e-Tender
Lease of Plot No. C-13 in G-Block of Bandra-Kurla Complex, Mumbai for
Commercial use.

The Details of the Payment made


Payment Details of Payment
Amount
Head made
Tender Cost Rs. 1,00,000/-
+ GST (non-refundable) by way of electronic
transfer through Mahatender portal.
EMD Rs. 30,00,00,000/-
To be provided as bank guarantee in
scanned form from Nationalised Bank,
To be produced in actual, as & when
insisted.
EMD Rs. 5,00,000/-
To be paid Online by using following Modes
of Payment:
Online payment gateway (i.e. Debit
Card/Credit Card/Net-Banking)
RTGS / NEFT mode using the System
Generated Unique Challan (Account No for
EMD transaction for this particular Tender is
mentioned in the Challan)

We hereby enclose the scanned copy of acknowledgement for payments


made towards the following.

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1. Tender Fee (Rs. 1,00,000 + GST)

2. EMD (Rs. 30,00,00,000) in form of Bank Guarantee


3. EMD(Rs. 5,00,000) paid online

(a)_______________________ ________________________
(b)_______________________ ________________________
(c) ______________________ _______________________

(Applicant's Full Name, Designation, (Signature/s)


the name of the Authority & Seal, etc.)

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7.3 FORM 3 - Format for Power of Attorney to Authorized Signatory


(To be submitted for all Categories)

POWER OF ATTORNEY

[To be executed on non-judicial stamp paper of INR 300/- and notarized. The stamp
paper to be in the name of the company which is issuing the power of attorney.]

We, M/s.______ (Name of the Firm or Company with address of the registered office)
hereby constitute, appoint and authorize Mr. or
Ms._______________________(Name and Commercial address) who is presently
employed with us and holding the position of _________________, as our Attorney to
do in our name and our behalf all or any of the acts, deeds or things necessary or
incidental to our Proposal for the “Lease of Commercial Plot C-13 from G-Block of
Bandra-Kurla Complex, Mumbai” , including signing and submission of the e-Tender
response, participating in the meetings, responding to queries, submission of
information or documents and generally to represent us to MMRDA, until culmination
of the process of bidding till the Lease Deed is entered into, with MMRDA and
thereafter till the expiry of the Lease Deed.

We hereby agree to ratify all acts, deeds and things lawfully done by our said Attorney
pursuant to this power of attorney and that all acts, deeds and things done by our
aforesaid Attorney shall and shall always be deemed to have been done by us.

(Add in the case of a Consortium)

Our firm is a Member or Lead Bidder of the Consortium of ___________ and


___________.

Dated this the _____ day of ______ YYYY

(Signature and Name of authorized signatory)

___________

(Signature and Name in block letters of all the remaining partners of the firm Signatory
for the Company)

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Seal of firm Company


Witness 1: Witness 2:

Note:

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

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7.4 FORM 4 - Format for Power of Attorney for Lead Bidder of Consortium
(To be submitted for Category 4, in case of Consortium)

[To be executed on non-judicial stamp paper of INR 300/- and notarized. The stamp
paper is to be in the name of the company which is issuing the power of attorney]

Whereas MMRDA has invited bids for “Lease of Commercial Plot C-13 from G-Block
of Bandra-Kurla Complex, Mumbai” through e-tender.

Whereas, the Members of the Consortium comprising M/s.________ and


M/s._______ (the respective names and addresses of the registered offices to be
given) are interested in bidding for the same in accordance with the terms and
conditions contained in the e-tender Document.

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 response for the e-tender.

NOW THIS POWER OF ATTORNEY WITNESSETH THAT


We, M/s._________ hereby designate M/s. ______ being one of the members of the
Consortium, as the lead member of the Consortium, to do on behalf of the Consortium,
all or any of the acts, deeds or things necessary or incidental to the Consortium’s
response for the e-Tender, including submission of the bid documents, participating in
meetings, responding to queries, submission of information or documents and
generally to represent the Consortium in all its dealings with Client or any other
Government Agency or any person, in connection with the Project until culmination of
the process of bidding till the Project Agreement is entered into with Client and
thereafter till the expiry of the Project Agreement.

We hereby agree to ratify all acts, deeds and things lawfully done by our said Attorney
pursuant to this power of attorney and that all acts, deeds and things done by our
aforesaid Attorney shall and shall always be deemed to have been done by us or
Consortium.

Dated this the ________ day of _______ YYYY

(Signature)

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(Name in Block Letter of Executant) [Seal of Company]

Witness 1 Witness 2

Notes:

To be executed by both the members individually.

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.

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7.5 FORM 5: Format for Declaration by the Bidder for not being Blacklisted /
Debarred
(To be submitted by all categories)
(To be submitted on the Letterhead of the responding company)

Date: dd/mm/yyyy
To,
The Metropolitan Commissioner,
Mumbai Metropolitan Region Development Authority
9th Floor, MMRDA New Building,
Bandra-Kurla Complex
Bandra (East), Mumbai- 400-051

Sub: Declaration for not being debarred / black-listed by Central / any State
Government department in India as on the date of submission of the bid

Ref: e-Tender Notification number

Dear Sir,

I, authorized representative of _________________________, hereby


solemnly confirm that the Company _________________________ is not banned by
the Government of Maharashtra/ Any other state government/ Government of India
which includes any Government Department, Public Sector Undertakings of the
Government, Statutory Boards formed by the Government, Local Bodies in the State,
Co-operative Institutions in the State, Universities and Societies formed by the
Government for any reason as on last date of submission of the Bid. In the event of
any deviation from the information/ declaration, MMRDA, Government of Maharashtra
reserves the right to reject the Bid or terminate the Contract without any compensation
to the Company.

Thanking you,

Yours faithfully,

________________________________

Signature of Authorized Signatory (with official seal)


Date:
Name:
Designation:
Address:
Telephone & Fax:
E-mail address:

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7.6 FORM 6: Format of Declaration for Bidders for Works under Rule 144 (xi)
in the General Financial Rules (GFRs), 2017.
(To be submitted by all categories)
(To be submitted on the Letterhead of the Bidder)

Date: dd/mm/yyyy

To,
The Metropolitan Commissioner,
Mumbai Metropolitan Region Development Authority
9th Floor, MMRDA New Building,
Bandra-Kurla Complex
Bandra (East), Mumbai- 400-051

Ref: e-Tender Reference No. ………..


Subject: Submission of proposal (e-Envelope A) in Response to the e-
Tender for Lease of Plot No. C-13 in G-Block of Bandra-Kurla
Complex, Mumbai for Commercial use.
Dear Sir,

1. We, M/s _______________ having our registered office at _________________


(referred to as the “Bidder”) are desirous of participating in the Tender Process in
response to your captioned e-tender and in this connection we hereby declare,
confirm and agree as under:

a. We, the Bidder have read and understood the contents of the Office
Memorandum & the Order (Public Procurement No.1) both bearing no.
F.No.6/18/2019/PPD of 23rd July 2020 and Order (Public Procurement No.4)
bearing no. F.7/10/2021-PPD (1) of 23rd Feb. 2023 issued by Ministry of
Finance, Government of India on insertion of Rule 144 (xi) in the General
Financial Rules (GFRs) 2017 and the amendments & clarifications thereto,
regarding restrictions on availing/procurement of goods and services, of any
Bidder from a country which shares a land border with India and / or sub-
contracting to contractors from such countries.
b. In terms of the above and after having gone through the said amendments
including in particular the words defined therein (which shall have the same
meaning for the purpose of this Declaration cum Undertaking), we the Bidder
hereby declare and confirm that:
Tick Authorized
Cases
Mark Signature
Case 1. We, the Bidder are not from such a
country which shares a land border with India,
in terms of the said amendments to GFR, 2017

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Tick Authorized
Cases
Mark Signature
Case 2. We, the Bidder are from such a country
and has been registered with the Competent
Authority i.e. the Registration Committee
constituted by the Department for Promotion of
Industry and Internal Trade, as stated under
Annexure I to the said Office Memorandum /
Order and we submit the proof of registration
herewith.
Case 3. We, the Bidder do not have Specified
Transfer of Technology (ToT) arrangement with
an entity from a country which shares a land
border with India, in terms of the said
amendments to GFR, 2017
Case 4. We, the Bidder have Specified Transfer
of Technology (ToT) arrangements with an
entity from a country which shares a land border
with India and has been registered with the
Competent Authority i.e. the Registration
Committee constituted by the Department for
Promotion of Industry and Internal Trade, as
stated under Annexure I to the said Office
Memorandum / Order and we submit the proof
of registration herewith.
(*Tick and Sign on the case whichever is applicable)
c. We, the Bidder agree and undertake that if the contract is awarded to us, we
will not sub-contract or outsource the contract and / or any part thereof unless
such subcontract/ outsourcing is permitted by MMRDA India in writing, in which
case we shall not sub-contract or outsource the work to a contractor from such
countries, unless such contractor is registered with the Competent Authority
and proof of same is obtained.

2. We, the Bidders hereby confirm that we fulfil all the eligibility criteria as per e-Tender
and are not ineligible from participating in the Tender in view of the above Office
Memorandum and Order. We also agree and accept that if our declaration and
confirmation is found to be false at any point of time including after awarding the
contract, MMRDA shall be within its right to forthwith terminate the contract/ bid
without notice to us and initiate such action including legal action against us.
MMRDA shall also be within its right to forfeit the security deposits provided by us
and also recover from us the loss and damages sustained by MMRDA on account
of the above.

3. This declaration cum undertaking is executed by us through our Authorized


signatory/ies after having read and understood the Office Memorandum and
Order (Public Procurement No.1) both bearing F.No.6/18/2019/PPD of 23rd July
2020 and Order (Public Procurement No.4) bearing no. F.7/10/2021-PPD (1) of

Page 126 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

23rd Feb. 2023 of Ministry of Finance, Department of Expenditure, Public


Procurement Division, Government of India including the words defined in the
said order (reproduced hereunder) which shall have the same meaning for the
purpose of this Declaration cum Undertaking.

Definitions

"Bidder" for the purpose of this Order (including the term 'tenderer', 'Consultant'
‘vendor' or 'service provider' in certain contexts) means any person or firm or
company, including any member of a consortium or joint venture (that is an
association of several persons, or firms or companies), every artificial juridical
person not falling in any of the descriptions of Bidders stated hereinbefore,
including any Agency, branch or office controlled by such person, participating in
a procurement process.

"Tender" for the purpose of this Order will include other forms of procurement,
except where the context requires otherwise.

"Bidder from a country which shares a land border with India" for the purpose of
this Order means:
a) An entity incorporated, established or registered in such a country; or
b) A subsidiary of an entity incorporated, established or registered in such
a country; or
c) An entity substantially controlled through entities incorporated,
established or registered in such a country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A consortium or joint venture where any member of the consortium or
joint venture falls under any of the above

"Beneficial owner" for the purpose of above will be as under:


1. In case of a company or Limited Liability Partnership, the beneficial owner is
the natural person(s), who, whether acting alone or together, or through one or
more juridical person(s), has a controlling ownership interest or who exercises
control through other means.
Explanation—
a) "Controlling ownership interest" means ownership of, or entitlement to, more
than twenty-five per cent of shares or capital or profits of the company;
b) "Control" shall include the right to appoint the majority of the directors or to
control the management or policy decisions, including by virtue of their
shareholding or management rights or shareholders agreements or voting
agreements;
2. In case of a partnership firm, the beneficial owner is the natural person(s)who,
whether acting alone or together, or through one or more juridical person, has

Page 127 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

ownership of entitlement to more than fifteen percent of capital or profits of the


partnership;

3. In case of an unincorporated association or body of individuals, the beneficial


owner is the natural person(s), who, whether acting alone or together, or
through one or more juridical person, has ownership of or entitlement to more
than fifteen percent of the property or capital or profits of such association or
body of individuals;

4. Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official;

5. In case of a trust, the identification of beneficial owner(s) shall include


identification of the author of the trust, the trustee, the beneficiaries with fifteen
percent or more interest in the trust and any other natural person exercising
ultimate effective control over the trust through a chain of control or ownership.

"Agent" for the purpose of this Order is a person employed to do any act for another,
or to represent another in dealings with third persons.”

Thanking you,

Yours faithfully,

________________________________

Signature of Authorized Signatory (with official seal)


Date:
Name:
Designation:
Address:
Telephone & Fax:
E-mail address:

Page 128 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

CHAPTER- 8
ENVELOPE ‘B’ TECHNICAL BID
STANDARD TEMPLATES

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

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E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

CHAPTER 8: ENVELOPE ‘B’ – TECHNICAL BID

8.1 FORMS FOR CATEGORY - 1


8.1.1 FORM 1.1 - Cover Letter and Company Profile
(To be enclosed in e-Envelope B)
(To be submitted by Category-1: Financial Services Category)
(To be signed by Authorized Signatory and printed on the letterhead of the Bidder.
The soft copy (pdf format) to be submitted in e-Envelope B)

{Company Letterhead} {Date}

To
The Metropolitan Commissioner,
Mumbai Metropolitan Region Development Authority
9th Floor, MMRDA New Building,
Bandra-Kurla Complex
Bandra (East), Mumbai – 400051
India.

Ref: Tender Reference No…………


Subject: Submission of proposal (e-Envelope B) in Response to the e-Tender
for Lease of Plot No. C-13 in G-Block of Bandra-Kurla Complex, Mumbai, India
for Commercial use.

Covering letter to Envelope-B


Having examined the entire e-tender Booklet, the receipt of which is hereby duly
acknowledged, we, the undersigned, intend to purchase the plot no. C-13 in G-Block
of BKC as required and outlined in the e-Tender for the aforementioned Project.
We attach hereto our response (Technical Proposal) as required by the e-tender,
which constitutes our Technical / Financial Strength.
We confirm that the information contained in this response or any part thereof,
including its exhibits, and other documents and instruments delivered or to be
delivered to MMRDA is true, accurate, verifiable and complete. This Proposal includes
all information necessary to ensure that the statements therein do not in whole or in
part mislead MMRDA in its evaluation and selection process.
We fully understand and agree to comply that on verification, if any of the information
provided here is found to be misleading the evaluation and selection process, we are
liable to be dismissed from the selection process or be terminated during the Lease
Deed, if selected to sign and execute the Lease Deed.
We agree for unconditional acceptance of all the terms and conditions set out in the
tender document.
We agree that MMRDA is not bound to accept any Bid you may receive. We also agree
that you reserve the right in absolute sense to reject all or any of the products/ services
specified in the Bid.

Page 131 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

We hereby enclose scanned copy of certificate of Incorporation / Registration under


Companies Act 2013
It is hereby confirmed that I/We are entitled to act on behalf of our company/
corporation/ firm/ organization and empowered to sign this document as well as such
other documents, which may be required in this connection.

Applicant's (Company’s) details are as follows:

Sr. Compliance Supporting


Particulars Details
No. (Yes/No) Document
Applicant Details
Applicant’s (Company’s)
1
Full Name
Applicant's (Company’s)
2
present address
Applicant's (Company’s)
3
permanent address
Authorized
Representative/Managing
4
Director/Constituted
Attorney’s Full name
Authorized
Representative/
5 Managing
Director/Constituted
Attorney’s Designation
Authorized
Representative/Managing
6
Director/Constituted
Attorney’s address
Category Details
1 Eligible Category Head Financial Services
Eligible Category Institute
2 Type (as enlisted in
Section 4.8)
Company Particulars as per the Category
1 Nature of Business
2 Year of establishment
Registration/License
3
details

Page 132 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

1. Documents enclosed with this letter:


Sr. Compliance
Documents Details
No. (Yes/No)
Certificate of Incorporation from
the Registrar of Companies
1 For Global players, equivalent
Certificate in the Country of
Incorporation
A copy of the relevant Act of
2 Parliament if established or
constituted by or under that Act
A copy of the License
/Registration granted by the
Competent Authority to carry out
3
the business currently engaged
in. (e.g. from RBI, SEBI, NHB,
IRDA, TRAI, etc.)
(Original shall be submitted at the time of opening of Technical Proposal in e-
Envelope-B)

2. I am/we are/My/Our principals are willing to pay the premium amount as


mentioned in para-4.18 of the Bid document.

3. I/We offer to pay to MMRDA rent of Re. 1/- per sqm of Plot area for the
Commercial Plot under reference. The said annual rent will be increased by
10% over the previous year by every year.

4. Any notice or letter of communication addressed to me/us at the address


given below:
_____________________________________________________
_____________________________________________________
_____________________________________________________
will be deemed a valid and proper notice of intimation to me/us.

5. I/We agree to abide by the decision of the Metropolitan Commissioner of the


Authority regarding my/our eligibility.

_______________________ ________________________

(Applicant's Full Name, Designation, (Signature)


the name of the Authority & Seal, etc.)

Page 133 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

8.1.2 FORM 1.2 - Financial Details Form


(To be enclosed in e-Envelope B)
(To be submitted by Category-1: Financial Services Category)
(To be on letter head of CA/Statutory Auditor and certified by CA/Statutory Auditor, to
be submitted in e-Envelope B)
{Company Letterhead} {Date}

To
The Metropolitan Commissioner,
Mumbai Metropolitan Region Development Authority
9th Floor, MMRDA New Building,
Bandra-Kurla Complex
Bandra (East), Mumbai – 400051
India
Ref: Tender Reference No.:……………….
Subject: Submission of proposal (e-Envelope B) in response to e-Tender for
Lease of Plot No. C-13 in G-Block of Bandra-Kurla Complex for Commercial use.

I/ We hereby submit the following Documents in support of claim to establish


the eligibility in conformity of Category-1 Financial Services as per the Eligibility
Criteria mentioned in Clause 4.8, e-Envelope B
Annual Turnover and Networth details of the Bidder
Turnover Details Net Worth in
S.No. Year
in INR (Indian Rupees) INR
A 2021-22
B 2020-21
C 2019-20

*Audited& Certified by Competent Authority, Balance sheet and Profit & Loss account
statement of the Bidder for each of the last 3 Audited Financial Years (Financial Years
2021-22, 2020-21, 2019-20) shall be submitted as supporting evidence. The
appointment letter of Statutory Auditor by the Bidder shall be enclosed.
*'Networth' shall mean the paid up share capital plus free reserves plus free surplus
in the profit and loss account less unprovided depreciation less the balance of deferred
revenue expenditure. The balance in Revenue Reserve Account shall not be
considered in determining the Networth.
_______________________ ________________________
(CA/Statutory Auditor’s name (Signature)
and Company Seal)

Page 134 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

8.2 FORMS FOR CATEGORY – 2


8.2.1 FORM 2.1 - Cover Letter and Company Profile
(To be enclosed in e-Envelope B)
(To be submitted by Category-2: Front Ranking Indian or Foreign Companies)
(To be signed by Authorized Signatory and printed on the letterhead of the Bidder.
The soft copy (pdf format) to be submitted in e-envelope B)

{Company Letterhead} {Date}


To
The Metropolitan Commissioner,
Mumbai Metropolitan Region Development Authority
9th Floor, MMRDA New Building,
Bandra-Kurla Complex
Bandra (East), Mumbai – 400051
India

Ref: Tender Reference No………………..


Subject: Submission of proposal (e-Envelope B) in Response to the e-Tender
for Lease of Plot No. C-13 in G-Block of Bandra-Kurla Complex, Mumbai for
Commercial use.

Covering letter to Envelope-B


Having examined the entire e-Tender Booklet, the receipt of which is hereby duly
acknowledged, we, the undersigned, intend to purchase the plot no. C-13 in G-Block
of BKC as required and outlined in the e-Tender for the aforementioned Project.
We attach hereto our response (Technical Proposal) as required by the e-tender,
which constitutes our Technical / Financial Strength.
We confirm that the information contained in this response or any part thereof,
including its exhibits, and other documents and instruments delivered or to be
delivered to MMRDA is true, accurate, verifiable and complete. This Proposal includes
all information necessary to ensure that the statements therein do not in whole or in
part mislead MMRDA in its evaluation and selection process.

We fully understand and agree to comply that on verification, if any of the information
provided here is found to be misleading the evaluation and selection process, we are
liable to be dismissed from the selection process or be terminated during the Lease
Deed, if selected to sign and execute the Lease Deed.
We agree for unconditional acceptance of all the terms and conditions set out in the
tender document.
We agree that you are not bound to accept any Bid you may receive. We also agree
that you reserve the right in absolute sense to reject all or any of the products/ services
specified in the Bid.

Page 135 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

We hereby enclose scanned copy of certificate of Incorporation / Registration under


Companies Act 2013
It is hereby confirmed that I/We are entitled to act on behalf of our company/
corporation/ firm/ organization and empowered to sign this document as well as such
other documents, which may be required in this connection.
Applicant's (Company’s) details are as follows:
Sr. Compliance Supporting
Particulars Details
No. (Yes/No) Document
Applicant Details
Applicant’s (Company’s) Full
1
Name
Applicant's (Company’s)
2
present address
Applicant's (Company’s)
3
permanent address
Authorized
Representative/Managing
4
Director/Constituted
Attorney’s ‘s Full name
Authorized Representative/
Managing
5
Director/Constituted
Attorney’s Designation
Authorized
Representative/Managing
6
Director/Constituted
Attorney’s address
Category Details
Front Ranking
1 Eligible Category Head Indian or Foreign
Companies
Eligible Category Institute
2
Type (as enlisted in 4.8)
Company Particulars as per the category
1 Nature of Business
2 Year of establishment
3 Registration/License details

Page 136 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

1. Documents enclosed with this letter:


Sr. Compliance
Documents Details
No. (Yes/No)
Certificate of Incorporation from
the Registrar of Companies
For Global players, equivalent
1
Certificate in the Country of
Incorporation

A copy of the relevant Act of


2 parliament if established or
constituted by or under that Act
Documents related to approval of
3
RBI and FEMA Act Clearance.

(Original shall be submitted at the time of opening of Technical Proposal in e-


Envelope-B)

2. I am/we are/My/Our principals are willing to pay the premium amount as


mentioned in para-4.18 of the bid documents.

3. I/We offer to pay to MMRDA rent of Re. 1/- per sqm of Plot area for the
Commercial Plot under reference. The said annual rent will be increased by
10% over the previous year by every year.

4. Any notice or letter of communication addressed to me/us at the address


given below:
______________________________________________________________
______________________________________________________________
______________________________________________________________
_____________________________________________ will be deemed a
valid and proper notice of intimation to me/us.

5. I/We agree to abide by the decision of the Metropolitan Commissioner of the


Authority regarding my/our eligibility.

_______________________ ________________________

(Applicant's Full Name, Designation, (Signature)


the name of the Authority & Seal, etc.)

Page 137 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

8.2.2 FORM 2.2 - Financial Details Form


(To be enclosed in e-Envelope B)
(To be submitted by Category-2: Front Ranking Indian or Foreign Companies)
(To be on letter head of CA/Statutory Auditor and certified by CA/Statutory Auditor) to
be submitted in e-Envelope B)

{Company Letterhead} {Date}

To
The Metropolitan Commissioner,
Mumbai Metropolitan Region Development Authority
9th Floor, MMRDA New Building,
Bandra-Kurla Complex
Bandra (East), Mumbai – 400051
India

Ref: Tender Reference No…………..


Subject: Submission of proposal (e-Envelope B) in Response to the e-Tender for
Lease of Plot No. C-13 in G-Block of Bandra-Kurla Complex, Mumbai for
Commercial use.

I/ We hereby submit the following Documents in support of claim to establish


the eligibility in conformity of Category-2 Front ranking Indian or Foreign Companies
as per the Eligibility Criteria mentioned in Clause 4.8, e-Envelope B
Annual Turnover and Networth details of the Bidder
Turnover Details Net Worth in
S.No. Year
in INR (Indian Rupees) INR
A 2021-22
B 2020-21
C 2019-20
*Audited & Certified by Competent Authority, Balance sheet and Profit & Loss account
statement of the Bidder for each of the last 3 Audited Financial Years (Financial Years
2021-22, 2020-21, 2019-20) shall be submitted as supporting evidence. The
appointment letter of Statutory Auditor by the Bidder shall be enclosed.

*'Networth' shall mean the paid up share capital plus free reserves plus free surplus
in the profit and loss account less unprovided depreciation less the balance of deferred
revenue expenditure. The balance in Revenue Reserve Account shall not be
considered in determining the Networth.
_______________________ ________________________
(CA/Statutory Auditor’s Name (Signature)
And Company Seal)

Page 138 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

8.3 FORMS FOR CATEGORY - 3


8.3.1 FORM 3.1 - Cover Letter and Company Profile
(To be enclosed in e-Envelope B)
(To be submitted by Category 3: Information Technology and Telecommunications)

(To be signed by Authorized Signatory and printed on the letterhead of the Bidder. The
soft copy (pdf format) to be submitted in e-Envelope B)

{Company Letterhead} {Date}

To
The Metropolitan Commissioner,
Mumbai Metropolitan Region Development Authority
9th Floor, MMRDA New Building,
Bandra-Kurla Complex
Bandra (East), Mumbai – 400051
India

Ref: Tender Reference No…………..


Subject: Submission of proposal (e-Envelope B) in Response to the e-Tender
for Lease of Plot No. C-13 in G-Block of Bandra-Kurla Complex, Mumbai for
Commercial use

Covering letter to Envelope-B


Having examined the entire e-tender Booklet, the receipt of which is hereby duly
acknowledged, we, the undersigned, intend to purchase the plot no. C-13 in G-Block
of BKC as required and outlined in the e-Tender for the aforementioned Project.
We attach hereto our response (Technical Proposal) as required by the e-Tender,
which constitutes our Technical / Financial Strength.
We confirm that the information contained in this response or any part thereof,
including its exhibits, and other documents and instruments delivered or to be
delivered to MMRDA is true, accurate, verifiable and complete. This Proposal includes
all information necessary to ensure that the statements therein do not in whole or in
part mislead MMRDA in its evaluation and selection process.
We fully understand and agree to comply that on verification, if any of the information
provided here is found to be misleading the evaluation and selection process, we are
liable to be dismissed from the selection process or be terminated during the Lease
Deed, if selected to sign and execute the Lease Deed.
We agree for unconditional acceptance of all the terms and conditions set out in the
tender document.
We agree that you are not bound to accept any Bid you may receive. We also agree
that you reserve the right in absolute sense to reject all or any of the products/ services
specified in the Bid.

Page 139 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

We hereby enclose scanned copy of certificate of Incorporation / Registration under


Companies Act 2013
It is hereby confirmed that I/We are entitled to act on behalf of our company/
corporation/ firm/ organization and empowered to sign this document as well as such
other documents, which may be required in this connection.
Applicant's (Company’s) details are as follows:
Sr. Compliance Supporting
Particulars Details
No. (Yes/No) Document
Applicant Details
Applicant’s (Company’s)
1
Full Name
Applicant's (Company’s)
2
present address
Applicant's (Company’s)
3
permanent address
Authorized
Representative/Managing
4
Director/Constituted
Attorney’s ‘s Full name
Authorized
Representative/ Managing
5
Director/Constituted
Attorney’s Designation
Authorized
Representative/Managing
6
Director/Constituted
Attorney’s address
Category Details
Information
1 Eligible Category Head Technology and
Telecommunication
Eligible Category Institute
2 Type (as enlisted in
Section 4.8)
Company Particulars as per the category
1 Nature of Business
2 Year of establishment
Registration/License
3
details

Page 140 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

1. Documents enclosed with this letter:


Sr. Compliance
Documents Details
No. (Yes/No)
Certificate of Incorporation from the
Registrar of Companies
1 For Global players, equivalent
Certificate in the Country of
Incorporation
A copy of the relevant Act of
2 parliament if established or
constituted by or under that Act
A copy of the License /Registration
granted by the Competent Authority
3 to carry out the business currently
engaged in. (e.g. from RBI, SEBI,
NHB, IRDA, TRAI, etc.)

(Original shall be submitted at the time of opening of Technical Proposal in e-


Envelope-B)

2. I am/we are/My/Our principals are willing to pay the premium amount as


mentioned in para-4.18 of the Bid documents.

3. I/We offer to pay to MMRDA rent of Re. 1/- per sqm of Plot area for the
Commercial Plot under reference. The said annual rent will be increased by
10% over the previous year by every year.

4. Any notice or letter of communication addressed to me/us at the address


given below:
______________________________________________________________
______________________________________________________________
______________________________________________________________
_____________________________________________ will be deemed a
valid and proper notice of intimation to me/us.

5. I/We agree to abide by the decision of the Metropolitan Commissioner of the


Authority regarding my/our eligibility.

_______________________ ________________________

(Applicant's Full Name, Designation, (Signature)


the name of the Authority & Seal, etc.)

Page 141 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

8.3.2 FORM 3.2 - Financial Details Form


(To be enclosed in e-Envelope B)
(To be submitted by Category 3: Information Technology and Telecommunications)

(To be on letter head of CA/Statutory Auditor and certified by CA/Statutory Auditor, to


be submitted in e-Envelope B)

{Company Letterhead} {Date}

To
The Metropolitan Commissioner,
Mumbai Metropolitan Region Development Authority
9th Floor, MMRDA New Building,
Bandra-Kurla Complex
Bandra (East), Mumbai – 400051
India
Ref: Tender Reference No………………….
Subject: Submission of proposal (e-Envelope B) in Response to the e-Tender for
Lease of Plot No. C-13 in G-Block of Bandra-Kurla Complex, Mumbai for
Commercial use.

I/ We hereby submit the following Documents in support of claim to establish


the eligibility in conformity of Category-2 Information technology and
telecommunications as per the Eligibility Criteria mentioned in Clause 4.8,
e-Envelope B
Annual Turnover and Networth details of the Bidder
Turnover Details Net Worth in
S.No. Year
in INR (Indian Rupees) INR
A 2021-22
B 2020-21
C 2019-20
*Audited& Certified by Competent Authority, Balance sheet and Profit & Loss account
statement of the Bidder for each of the last three Audited Financial Years (Financial
Years 2021-22, 2020-21, 2019-20) shall be submitted as supporting evidence. The
appointment letter of Statutory Auditor by the Bidder shall be enclosed.
*'Networth' shall mean the paid up share capital plus free reserves plus free surplus
in the profit and loss account less unprovided depreciation less the balance of deferred
revenue expenditure. The balance in Revenue Reserve Account shall not be
considered in determining the Networth.

_____________________ ________________________
(CA/Statutory Auditor’s Name (Signature)
and Company Seal)

Page 142 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

8.4 FORMS FOR CATEGORY - 4


8.4.1 FORM 4.1 - Cover Letter and Company Profile
(To be enclosed in e-Envelope B)
(To be submitted by Category 4: Corporate Developers)

(To be signed by Authorized Signatory and printed on the letterhead of the Lead
Bidder. The soft copy (pdf format) to be submitted in e-Envelope B)

{Company Letterhead} {Date}

To
The Metropolitan Commissioner,
Mumbai Metropolitan Region Development Authority
9th Floor, MMRDA New Building,
Bandra-Kurla Complex
Bandra (East), Mumbai - 400051
India
Ref: Tender Reference No.
Subject: Submission of proposal (e-Envelope B) in Response to the e-Tender
for Lease of Plot No. C-13 in G-Block of Bandra-Kurla Complex, Mumbai for
Commercial use

Covering letter to Envelope-B


Having examined the entire e-tender Booklet, the receipt of which is hereby duly
acknowledged, we, the undersigned, intend to purchase the plot no. C-13 in G-Block
of BKC as required and outlined in the e-Tender for the aforementioned Project.
We attach hereto our response (Technical Proposal) as required by the e-tender,
which constitutes our Technical / Financial Strength.
We confirm that the information contained in this response or any part thereof,
including its exhibits, and other documents and instruments delivered or to be
delivered to MMRDA is true, accurate, verifiable and complete. This Proposal includes
all information necessary to ensure that the statements therein do not in whole or in
part mislead MMRDA in its evaluation and selection process.
We fully understand and agree to comply that on verification, if any of the information
provided here is found to be misleading the evaluation and selection process, we are
liable to be dismissed from the selection process or be terminated during the Lease
Deed, if selected to sign and execute the Lease Deed.
We agree for unconditional acceptance of all the terms and conditions set out in the
tender document.
We agree that you are not bound to accept any Bid you may receive. We also agree
that you reserve the right in absolute sense to reject all or any of the products/ services
specified in the Bid.

Page 143 of 231


E-Tender for Lease of Commercial Plot C-13, G-Block of Bandra Kurla Complex

We hereby enclose scanned copy of certificate of Incorporation / Registration under


Companies Act 2013 for the Sole Bidder/ all Consortium Partners.
It is hereby confirmed that I/We are entitled to act on behalf of our company/
corporation/ firm/ organization and empowered to sign this document as well as such
other documents, which may be required in this connection.

Applicant's (Company’s) details are as follows:


Sr. Compliance Supporting
Particulars Details
No. (Yes/No) Document
Applicant Details
Applicant’s/ Lead Bidder’s
1
(Company’s) Full Name
Applicant's/ Lead Bidder’s
2
(Company’s) present address
Applicant's/ Lead Bidder’s
3
(Company’s) permanent address
Consortium Partner-1
4
(Company’s) Full Name
Consortium Partner-1
5
(Company’s) present address
Consortium Partner-1
6
(Company’s) permanent address
Consortium Partner-2
7
(Company’s) Full Name
Consortium Partner-2
8
(Company’s) present address
Consortium Partner-2
9
(Company’s) permanent address
Authorized
Representative/Managing
10
Director/Constituted Attorney’s
Full name (for lead Bidder)
Authorized Representative/
Managing Director/Constituted
11
Attorney’s Designation
(for lead Bidder)
Authorized
Representative/Managing
Director/Constituted Attorney’s
12
address
(for lead Bidder)

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Category Details
Corporate
13 Eligible Category Head
Developers
Eligible Category Institute Type
14
(as enlisted in section 4.8 )
Company Particulars as per the category
15 Nature of Business
16 Year of establishment
17 Registration/License details

1. Documents enclosed with this letter:

Sr. Compliance
Documents Details
No. (Yes/No)
Certificate of Incorporation
from the Registrar of
Companies
For Global players,
equivalent Certificate in the
1
Country of Incorporation.
(Participation in Bid shall be
subject to RBI clearance and
compliance of other FDI
guidelines.)
A copy of the
License/Registration granted
by the Competent Authority to
carry out the business
2
currently engaged in. (e.g.
from RBI, SEBI, NHB, IRDA,
TRAI, etc.)

A copy of evidence in support


of value of project work done
3
in the last 5 years
(Details are enclosed below)

Details of area of exclusive office work done in the last 5 years out of (3) above
(To be certified by Government Authorized Valuer)

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Use Total Cost of Year of


Name of the
(Res./Com/ Built-up the completion (c)
project/Location
Off/Others) area project or ongoing (o) ?

(Original shall be submitted at the time of opening of Technical Proposal in e-


Envelope-B)
2. Till the Lease Deed is executed no member of the 'JV' is allowed to either
withdraw or change the proportion of shares as indicated in their bid document.
After execution of lease deed the withdrawal or change in the proportion of
shares of members will be subject to the provisions of clause 3(p) of lease deed.

3. I am/we are/My/Our principals are willing to pay the premium amount as mentioned
in para 4.18 of the bid documents.

4. I/We offer to pay to MMRDA rent of Re. 1/- per sqm of Plot area for the Commercial
Plot under reference. The said annual rent will be increased by 10% over the
previous year by every year.

5. Any notice or letter of communication addressed to me/us at the address given


below:
________________________________________________________________
________________________________________________________________
________________________________________________________________
_______________________________________ will be deemed a valid and
proper notice of intimation to me/us.

6. I/We agree to abide by the decision of the Metropolitan Commissioner of the


Authority regarding my/our eligibility.

(Lead member first)

(a)_______________________ ________________________
(b)_______________________ ________________________
(c) ________________________ ________________________

(Applicant's Full Name, Designation, (Signatures)


the name of the Authority & Seal, etc.)

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8.4.2 FORM 4.2 - Financial Details Form


(To be enclosed in e-Envelope B)
(To be submitted by Category 4: Corporate Developers)

(To be on letter head of CA/Statutory Auditor and certified by CA/Statutory Auditor,


to be submitted in e-Envelope B)

{Company Letterhead} {Date}

To
The Metropolitan Commissioner,
Mumbai Metropolitan Region Development Authority
9th Floor, MMRDA New Building,
Bandra-Kurla Complex
Bandra (East), Mumbai – 400051
India

Ref: Tender Reference No.


Subject: Submission of proposal (e-Envelope B) in Response to the e-Tender
for Lease of Plot No. C-13 in G-Block of Bandra-Kurla Complex, Mumbai for
Commercial use.

I/ We hereby submit the following Documents in support of claim to establish


the eligibility in conformity of Category-4 Corporate Developers as per the Eligibility
Criteria mentioned in Clause 4.8, e-Envelope B
Annual Turnover and Networth details of the Bidder

Turnover Details Networth in


S.No. Year
in INR (Indian Rupees) INR
A 2021-22
B 2020-21
C 2019-20

Annual Turnover Details of the Second member in case of Consortium/JV

Turnover Details Networth in


S.No. Year
in INR (Indian Rupees) INR
A 2021-22
B 2020-21
C 2019-20

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Annual Turnover Details of the Third member in case of Consortium/JV

Turnover Details Networth in


S.No. Year
in INR (Indian Rupees) INR
A 2021-22
B 2020-21
C 2019-20

*Audited & Certified by Competent Authority, Balance Sheet and Profit & Loss account
statement of the Bidder for each of the last three Audited Financial Years (Financial Year
2021-22, 2020-21, 2019-20) shall be submitted as supporting evidence. The appointment
letter of Statutory Auditor by the Bidder shall be enclosed.

*'Networth' shall mean the paid up share capital plus free reserves plus free surplus in the
profit and loss account less unprovided depreciation less the balance of deferred revenue
expenditure. The balance in Revenue Reserve Account shall not be considered in determining
the Networth.

_____________________ ________________________

(CA/Statutory Auditor’s Name (Signature)


and Company Seal)

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8.4.3 FORM 4.3 - Project Citations


(To be enclosed in e-Envelope B)
(To be submitted by Category 4: Corporate Developers)

(To be on letter head of Government Authorized Valuer and certified) to be submitted


in e-Envelope B)

Summary of Projects Citations as per Technical Evaluation Criteria

Project Citation Format

Assignment name: Approx. Value of Services (INR)

Country: Duration of assignment (months):


Location within country:
Name of Client: Contiguous Area of Project(SQMT)

Project Classification Type of Project( Development Plan/


Planning Scheme/ Layout Plan/ Other):
Contact Person, Built up Area of the project:(SQMT)
Title/Designation, Tel.
No./Address of the Client: Land Use:

Start date (month/year): No. of professional staff-months &


Completion date (month/year): Details of the staffs provided by your
firm/organization
Description of Project:

Description of Actual Services provided with any other relevant information :

_____________________ ________________________

(Government Authorised Valuer’s Name (Signature)


and Company Seal)

Note: Each work experience shall be enclosed with work order/completion certificate
/Substantial completion certificate. Each citation along with work orders would be
evaluated for necessary compliance to meet the eligibility criteria. Independent
citations shall be provided for each project.

NOTE: Project Citations and Value to be certified by Government Authorized


Valuer

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8.4.4 FORM 4.4 - Joint Venture Agreement


(To be enclosed in e-Envelope B)
(To be submitted by Category 4: Corporate Developers, in case of Consortium)

THIS JOINT VENTURE AGREEMENT is entered into on this the .....day of ......YYYY
AMONGST
1. ………………………………………. a company incorporated under the
Companies Act, 2013 and having its registered office at
…………………………………………………………………………………………
………………………………………………………………….. (hereinafter referred
to as the “ First Party” which expression shall, unless repugnant to the context
include its successors and permitted assigns)
AND
2. ………………………………………… a company incorporated under the
Companies Act, 2013 and having its registered office at
…………………………………………………………………………………………
…………………………………………………………………(hereinafter referred
to as the “ Second Party” which expression shall, unless repugnant to the
context include its successors and permitted assigns)
AND
3. ………………………………………… a company incorporated under the
Companies Act, 2013 and having its registered office at
…………………………………………………………………………………………
…………………………………………………………………(hereinafter referred
to as the “ Third Party” which expression shall, unless repugnant to the context
include its successors and permitted assigns)

The above mentioned parties of the [FIRST AND SECOND AND THIRD] PART
are collectively referred to as the “Parties “and each is individually referred to as
“Party”
WHEREAS,

Mumbai Metropolitan Region Development Authority represented by Government of


Maharashtra having its head office at MMRDA, 9th floor, MMRDA New Building,
Bandra-Kurla Complex, Bandra (East), Mumbai-400051, in India (herein after referred
to as the “Authority” which expression shall, unless repugnant to the context or
meaning thereof, include its administrators, successors and assigns) has invited
proposals (the Applications”) by its e-Tender No. ……………..dated …………………
for allotment of Plot C-13 from G-Block of BKC for 80 years on Lease.

A. The Parties are interested in jointly bidding for the Consultancy as members
of a Consortium and in accordance with the terms and conditions of the tender
document and other bid document in respect of the Consultancy, and

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B. It is a necessary condition under the Consultancy document that the member


of the Consortium shall enter into a joint Bidding Agreement and Furnish a
copy there of with the Application.

NOW IT IS HEREBY AGREED as follows:


1. Definitions and Interpretations
In this Agreement, the capitalized terms shall, unless the context otherwise
require, have the meaning ascribed thereof under the e-Tender.
2. Consortium
a. The Parties do here by irrevocably constitute a consortium (“the
Consortium”) for the purposes of jointly participating in the e-Tender.
b. 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 Consultancy, either directly or indirectly or
through any of their Affiliates.

3. Covenants
The Parties hereby undertaken that in the event the Consortium is declared
the highest eligible Bidder and awarded the plot on Lease, the Parties shall
enter into a “Lease Deed” with the Authority.

4. Role of the Parties


The Parties hereby undertake to perform the roles and responsibilities as
described below:-
a. The First Party shall be the Member in Charge of the Consortium and
shall have the power of attorney from all Parties for conducting all
business for and behalf of the Consortium during the selection
process for the E-Tender and until the Effective Date under the
Contract;
b. The Second and Third Party shall be the associate partners.

First Party Second Party Third Party


Proportion of
JV ( in %)

5. Joint and Several Liability


The Parties do hereby undertake to be jointly and severally responsible for
all and liabilities relating to the Lease of Plot and in accordance with the
terms of the e-Tender and the Contract, for the performance of the Contract.
6. Member in Charge or Lead Member
Without prejudice to the joint and several liabilities of all the Parties, each
Party agrees that it shall exercise all rights and remedies under the Contract
through the Member in Charge/Lead Member and the Authority shall be

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entitled to deal with such Member in Charge as the representative of all


Members. Each Party agrees and acknowledges that:
a. Any decision (including without limitation, any waiver or consent),
action, omission, communication or notice of the Member in Charge on
any matters related to the Contract shall be deemed to have been on
its behalf and shall be binding on it. The Authority shall be entitled to
rely upon any such action, decision or communication from the Member
in Charge;
b. Authority shall not in any manner be responsible or liable for the inter
seal location of payments, works etc. among the parties
c. Any notice, communication, information or documents to be provided to
the Consortium shall be delivered to the authorized representative (as
designated pursuant to the Contract) and any such notice,
communication, information of documents shall be deemed to have
been delivered to all the Parties.

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 organizes, validly existing and in good standing
under 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 authorized by all necessary and appropriated
corporate or governmental action and a copy of the extract of the
charter document and board resolution/ power of attorney in favor of
the person executing this Agreement for the delegation of power and
authority to execute this Agreement on behalf of the party 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 Application Law presently in effect and having
applicability to it;
iii. Violate the memorandum and articles of association, by-laws or
other applicable organizational document thereof;
iv. Violate any clearance, permit, concession, grant, license or other
governmental authorization, approval, judgment, order or decree or
any mortgage agreement, indenture or any other instrument to
which such Party Is a party or by which such Party or any of its
properties or assets are bound or that is otherwise applicable to
such Party ; or
v. Create or impose any lines, mortgages, pledges, claims, security
interests, charges or Encumbrances or obligation to create a line,
charge, pledge, security interest, encumbrances or mortgage in or
on the property of such Party, except for encumbrances that would

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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 term 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
obligation under this agreement

8. Authorized Representation
The parties agree that, who is employed with the member in charge, or
his/her nominee shall be the authorized representative of the consortium, to
do on behalf of the Consortium, all such acts, deeds and things as are
necessary or required in connection with or incidental to submission of the
Consortium’s proposal for an the Lease of Plot including but not limited to
signing and submission of all application, proposal and other document,
participating in pre-bid and other conferences and providing information/
responses to the authority, representing the consortium in the matters
before the authority, signing and execution of all contracts and undertakings
consequent to acceptance of the consortium’s proposal and generally
dealing with the Authority in all matters in connection with or relating or
arising out of the Lease of plot.

9. Termination
This Agreement shall be effective from the date hereby and shall continue
in full force and effect until the Effective Date under the Contract, in case
the Consultancy is awarded to the Consortium. However, in case the
Consortium is not selected for award of the Lease of Plot, the Agreement
will stand terminated upon intimation by the Authority that it has not been
selected and upon return of the Bid Security by the Authority.

10. Miscellaneous
a. This Joint Bidding Agreement shall be governed by laws of India.
b. 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


DELIVERD THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

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SIGNED,SEALED & DELIVERED SIGNED, SEALED & DELIVERED


For and on behalf of MEMBER IN- For and on behalf of SECOND PART
CHARGE by…………………….. by ……………………………

Name: Name:
Designation: Designation :
Address: Address :

SIGNED,SEALED & DELIVERED


For and on behalf of THIRD PART
by……………………..

Name:
Designation:
Address:

In Presence of :
1.
2.
3.

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8.5 FORMS FOR CATEGORY - 5


8.5.1 FORM 5.1 - Cover Letter
(To be enclosed in e-Envelope B)
(To be submitted by Category 5: Regulatory Authorities)

(To be signed by Authorized Signatory and printed on the letterhead of the Bidder.
The soft copy (pdf format) to be submitted in e-Envelope B)

{Company Letterhead} {Date}

To
The Metropolitan Commissioner,
Mumbai Metropolitan Region Development Authority
9th Floor, MMRDA New Building,
Bandra-Kurla Complex
Bandra (East), Mumbai – 400051
India

Ref: Tender Reference No…………..


Subject: Submission of proposal (e-Envelope B) in Response to the e-Tender for
Lease of Plot No. C-13 in G-Block of Bandra-Kurla Complex, Mumbai for
Commercial use

Covering letter to Envelope-B


Having examined the entire e-tender Booklet, the receipt of which is hereby duly
acknowledged, we, the undersigned, intend to purchase the plot no. C-13 in G-Block
of BKC as required and outlined in the e-Tender for the aforementioned Project.

We attach hereto our response (Technical Proposal) as required by the e-tender,


which constitutes our Technical / Financial Strength.

We confirm that the information contained in this response or any part thereof,
including its exhibits, and other documents and instruments delivered or to be
delivered to MMRDA is true, accurate, verifiable and complete. This Proposal includes
all information necessary to ensure that the statements therein do not in whole or in
part mislead MMRDA in its evaluation and selection process.
We fully understand and agree to comply that on verification, if any of the information
provided here is found to be misleading the evaluation and selection process, we are
liable to be dismissed from the selection process or be terminated during the Lease
Deed, if selected to sign and execute the Lease Deed.

We agree for unconditional acceptance of all the terms and conditions set out in the
tender document.

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We agree that you are not bound to accept any Bid you may receive. We also agree
that you reserve the right in absolute sense to reject all or any of the products/ services
specified in the Bid.

We hereby enclose a copy of Notification or Relevant Act for Establishment of the


Regulatory Authority.

It is hereby confirmed that I/We are entitled to act on behalf of our company/
corporation/ firm/ organization and empowered to sign this document as well as such
other documents, which may be required in this connection.

_______________________ ________________________

(Applicant's Full Name, Designation, (Signature)


the name of the Authority& Seal, etc.)

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CHAPTER- 9
ENVELOPE ‘C’ FINANCIAL BID
STANDARD TEMPLATES

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CHAPTER 9: ENVELOPE ‘C’ – FINANCIAL BID

9.1 FORM-C – Financial Proposal


(To be signed by Authorized Signatory and printed on the letterhead of the Sole/ Lead
Bidder. The soft copy (pdf format) to be uploaded on MMRDA’s e-tendering Portal)

{Company Letterhead} {Date}


To
The Metropolitan Commissioner,
Mumbai Metropolitan Region Development Authority
9th Floor, MMRDA New Building,
Bandra-Kurla Complex
Bandra (East), Mumbai – 400051
India
Ref: e-Tender Reference No……………………..
Subject: Submission of proposal (e-Envelope C) in Response to the e-Tender
for Lease of Plot No. C-13 in G-Block of Bandra-Kurla Complex, Mumbai for
Commercial use

I/We the Authorized Representative/Managing Director/Constituted Attorney desire


and hereby make an offer for allotment of the Commercial plot on 80 years' lease as
mentioned in the table below:

Plot No. Plot Permissible Offered Premium Offered Total


Area in Built up Rate* Premium*
sq.m. Area (BUA) INR/sqm of In INR
in sq.m permissible BUA
A B C D E=C X D
C-13 7071.00 45,000.00 Rs. __________/- Rs.
i.e. ______________/-
Rs.________(In i.e. Rs. __________(In
Word) Word)

Note:*The Offered Premium Rate (INR/sqm of BUA) shall be considered for


evaluation of Financial Proposal.
Reserve Rate – The reserve rate for the premium rate is Rs. 3,44,500/- per
sqm of permissible Built-Up Area. Any bid quoting a rate lower than the
reserve rate would stand automatically rejected.

Reserve Price – The reserve price for the total premium is Rs. 1,550.25
Crores for the permissible Built-Up Area. Any bid quoting a price lower
than the reserve price would stand automatically rejected.

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1. I am/we are/my/our principals are willing to pay 30% of the premium amount within
one month of the acceptance of my/ our offer and the balance 70% within eight
months thereafter in equal installments.
OR
I am/we are/my/our principals are voluntarily willing to pay the whole amount of
Lease money within one month of the acceptance of my/ our offer.
(Indicate one of the above option s by tick mark)

2. I/We offer to pay to MMRDA annual rent of Re. 1/- per sqm of Plot area which is
Rs.7071.00/- for the first year. The annual rent will be increased every year by 10%
over the rent of the previous year.

3. I/We have enclosed scanned copy of acknowledgement of payment of Rs.


30,05,00,000/- (Rs. Thirty Crores and Five Lakhs Only) being Earnest Money
Deposit (in e-Envelope-A) towards our offer for plot under reference. No interest
on this Earnest Money Deposit is payable to me/us;

4. I/We shall keep this offer valid for a period of six months effective from the date of
opening of e-ENVELOPE-A of the offer and shall not revoke or vary it before the
expiry of six months from such date and in the event of my/our failing to observe
and perform this liability, the Earnest Money Deposit paid under this offer, shall
stand absolutely forfeited to MMRDA.

5. If my/our offer is not accepted by the MMRDA, the Earnest Money Deposit of
Rs. 30,05,00,000/- (Rs. Thirty Crores and Five Lakhs Only) paid by me/us under
section 4.2 hereof shall be returned to me/us without interest.

6. If my/our offer is accepted by the MMRDA, I/we shall pay the premium amount as
mentioned in Sr. No. 1 above. I/we shall extend the bank guarantee submitted as
Earnest Money Deposit (EMD) till 100% premium amount is paid to MMRDA. I/we
also agree that the Earnest Money Deposit (EMD) paid online shall be adjusted in
the last instalment of the premium amount. I /we shall receive the possession of
the plot only after 100% premium amount is paid to MMRDA and the lease deed is
executed.

7. Further If my/our offer is accepted by the MMRDA, if I/We fail to pay 30% of the
premium amount of Rs……………. (in figures) …………………………
……………………………… (in words) for the said plot within one month of the
acceptance of my/our offer, the agreement concluded between us shall stand
rescinded by the Authority and the amount of Earnest Money Deposit paid by
me/us under this offer shall stand absolutely forfeited to the Authority, without
prejudice to the rights and powers of Authority to recover compensation for loss or
damage, if any suffered in consequence of such breach by me/us to so pay 30%
of the premium to the Authority. Likewise, if the balance (70%) premium shall not
be paid within eight months or extended period as provided in the clause 9 (iA) of
the MMRDA (Disposal of Land) Regulations 1977, the Agreement concluded with
the Authority shall stand determined and the Earnest Money Deposit paid by me/us

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along with the tender or offer together with 25 per cent of the premium shall be
forfeited to the Authority without prejudice to the right and powers of the Authority
to recover compensation for loss or damage, if any, suffered in consequence of
such default by me/us.

8. Any notice or letter of communication addressed to me/us at the address given


below: __________________________________________________________
__________________________________________________________
__________________________________________________________
______________________will be deemed a valid and proper notice of intimation
to me/us.

9. I/We agree to abide by the decision of the Metropolitan Commissioner of the


Authority regarding allotment.

10. We declare that the information stated herein above is complete and absolutely
correct and any error or omission therein, accidental or otherwise will be sufficient
justification for the Authority to revoke at any time acceptance of my/our offer for
allotment of the concerned Plots.

11. I/We hereby declare that I/we have read and understood the rules governing the
allotment of plots, inspected the title deeds of lands, plans and specifications of the
land, examined the draft of various agreements, declarations and deeds to be
executed and do hereby undertake to execute them when called upon to do so,
and abide by the decision of the Authority.

(a)_________________________ ________________________

(b)_________________________ ________________________

(c) ________________________ ________________________

(Authorized signatory’s full name, (Signatures)


Designation and the Name of the
Company & Seal, etc.)

Name and Stamp/Seal of the Bidder

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CHAPTER- 10
REFERENCE DOCUMENTS

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CHAPTER 10: REFERENCE DOCUMENTS

10.1 Annexure L: Civil Aviation NOC

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10.2 Annexure M: Planning Proposal

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10.3 Annexure N: Office Memorandum under Rule 144 (xi) in the General
Financial Rules (GFRs), 2017.

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10.4 Annexure O: Format for Requesting Video Conferencing Link for Pre-Bid
Meeting
S. No. Criteria Response
1 Name of Organisation
2 Office Address
3 Name of Attendees 1.
Designation 1.
4
(in order of names)
Official Email Id 1.
5
(in order of names)
1.
Contact Number(s)
6
(in order of names) Fill the contact number with country code
7 Country (Nationality)
Fill name of Tender for which Bidder intends to attend
8 Tender Name/ Title pre-bid
Fill the tender number as displayed on e-tendering
9 Tender No. portal
10 Company ID Attach along with the form
Attach any Government issued photo ID along with the
11 Photo ID form
Notes:
1. Please share the details of company personnel expected to join the pre-bid via
Video Conferencing on bkcplotC13gblock@mailmmrda.maharashtra.gov.in
through official company email id at least 48 hours prior to the scheduled date of
pre-bid.

2. Maximum of one person will be allowed to join the pre-bid meeting from each
prospective Bidder

3. Invitation Link for joining the pre-bid conference along with SOP will be shared
within 24 Hrs from the expected time of start of pre-bid conference.

4. MMRDA shall validate the above information shared for its correctness before
invitation link is shared for joining the video conference.

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10.5 CHECKLIST FOR BIDDERS


Sr. Particulars as per Category Reference Page Tick
No. Tender Requirement in tender No Box
Bid Preparation
1) Tender Download and All Categories Para 0
Submission
2) Procurement of Class 2 Para 6.7
DSC (Digital Signature Sub-Para 1
Certificate)
3) Bidder Registration on Para 6.7
Mahatender Portal Sub-Para 3
e-Envelope A – Eligibility Criteria
4) Covering letter and FORM 1
Company profile
5) Tender cost and EMD All Categories FORM 2
details (All categories) -
Online Payment
through e-tendering
portal + Bank
Guarantee
6) Format for Power of FORM 3
Attorney to Authorized
Signatory
7) Format for Power of Category 4 FORM 4
Attorney for Lead
Bidder of Consortium
e-Envelope B – Technical Proposal
8) Covering Letter and Category 1 - Form 1.1
Company Profile Financial Services
9) Financial Details of Form 1.2
Bidder
10) Covering Letter and Category 2 - Form 2.1
Company Profile Front Ranking
11) Financial Details of Indian or Foreign Form 2.2
Bidder Companies
12) Covering Letter and Category 3 - Form 3.1
Company Profile IT &
13) Financial Details of Telecommunicatio Form 3.2
Bidder ns
14) Covering Letter and Category 4 - Form 4.1
Company Profile

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15) Financial Details of Corporate Form 4.2


Bidder Developers
16) Project Citations Form 4.3
17) Joint Venture Form 4.4
Agreement
18) Cover Letter Category 5 - Form 5.1
Regulatory
Authority
The Bidder shall ensure that they fill forms pertaining to their
Category only and the entire Technical Proposal is properly
indexed, paged and referenced
e-Envelope C
19) Financial Proposal All eligible Bidders Form C 159
after Envelope A &
B

Timelines
24) Tender Downloading as per the Schedule updated by MMRDA from time
to time on E-Tender Portal
25) Tender Submission as All Categories Para 1.1
per deadline in tender Sub-Para 6
26) Tender Control Transfer Para 1.1
as per deadline in Sub-Para 7
tender

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