REQUEST FOR QUALIFICATION

FOR

DEVELOPMENT, OPERATION AND MAINTENANCE

OF

MULTI- SPECIALITY HOSPITAL

ON

PUBLIC PRIVATE PARTNERSHIP (PPP) BASIS

AT

Doranda, Ranchi (Jharkhand)

Chief Executive Officer

RANCHI MUNICIPAL CORPORATION
KUTCHARY, RANCHI - 834001
PHONE NO. : 0651-2211215
FAX : 0651-2211777
EMAIL: support@ranchimunicipal.com
WEBSITE: www.ranchimunicipal.com
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 DISCLAIMER

The information contained in this Request for Qualification document (the “RFQ”) or
subsequently provided to Applicant(s), whether verbally or in documentary or any other form, by or
on behalf of the Ranchi Municipal Corporation (RMC) or any of its employees or advisors- Tetra
Tech India Limited, is provided to Applicant(s) on the terms and conditions set out in this RFQ and
such other terms and conditions subject to which such information is provided.

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

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

The Ranchi Municipal Corporation (RMC), its employees and advisors- Tetra Tech India
Limited, make no representation or warranty and shall have no liability to any person, including any
Applicant or Bidder, under any law, statute, rules or regulations or tort, principles of restitution or
unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be
incurred or suffered on account of anything contained in this RFQ or otherwise, including the
accuracy, adequacy, correctness, completeness or reliability of the RFQ and any assessment,
assumption, statement or information contained therein or deemed to form part of this RFQ or arising
in any way with pre-qualification of Applicants for participation in the Bidding Process.

The Ranchi Municipal Corporation (RMC), its employees and advisors- Tetra Tech India
Limited, also accepts no liability of any nature whether resulting from negligence or otherwise
howsoever caused arising from reliance of any Applicant upon the statements contained in this RFQ.

The Ranchi Municipal Corporation (RMC) may, in its absolute discretion but without being
under any obligation to do so, update, amend or supplement the information, assessment or
assumptions contained in this RFQ.

The issue of this RFQ does not imply that the Ranchi Municipal Corporation (RMC) is bound
to select and short-list pre-qualified Applications for Bid Stage or to appoint the selected Bidder or
Concessionaire, as the case may be, for the Project and the Ranchi Municipal Corporation (RMC)

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reserves the right to reject all or any of the Applications or Bids without assigning any reasons
whatsoever.

The Applicant shall bear all its costs associated with or relating to the preparation and
submission of its Application including but not limited to preparation, copying, postage, delivery fees,
expenses associated with any demonstrations or presentations which may be required by the Ranchi
Municipal Corporation (RMC) or any other costs incurred in connection with or relating to its
Application. All such costs and expenses will remain with the Applicant and the Ranchi Municipal
Corporation (RMC) shall not be liable in any manner whatsoever for the same or for any other costs
or other expenses incurred by an Applicant in preparation or submission of the Application,
regardless of the conduct or outcome of the Bidding Process.

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 Contents
DISCLAIMER ........................................................................................................................................................ 2
GLOSSARY .......................................................................................................................................................... 6
1. INTRODUCTION ........................................................................................................................................... 8
1.1. BACKGROUND ........................................................................................................................................ 8
1.2. BRIEF DESCRIPTION OF BIDDING PROCESS ................................................................................... 11
1.3. SCHEDULE OF BIDDING PROCESS FOR QUALIFICATION STAGE: ............................................... 13
2. INSTRUCTION TO APPLICANTS .............................................................................................................. 15
A. GENERAL ................................................................................................................................................... 15
2.1. SCOPE OF APPLICATION .................................................................................................................... 15
2.2. ELIGIBILITY OF APPLICANTS ............................................................................................................. 15
2.3. CHANGE IN COMPOSITION OF CONSORTIUM .................................................................................. 22
2.4. NUMBER OF APPLICATIONS AND COSTS THEREOF ...................................................................... 23
2.5. SITE VISIT AND VERIFICATION OF INFORMATION .......................................................................... 23
2.6. FEES OF THE CONSULTANTS ............................................................................................................ 23
2.7. ACKNOWLEDGE BY APPLICANT ........................................................................................................ 24
2.8. RIGHT TO ACCEPT OR REJECT ANY OR ALL APPLICATIONS/ BIDS ............................................ 24
B. DOCUMENTS ......................................................................................................................................... 26
2.9. CONTENTS OF THE RFQ ...................................................................................................................... 26
2.10. CLARIFICATIONS .............................................................................................................................. 26
2.11. AMENDMENT OF RFQ ...................................................................................................................... 27
C. PREPARATION AND SUBMISSION OF APPLICATION .......................................................................... 27
2.12. LANGUAGE AND CURRENCY ......................................................................................................... 27
2.13. FORMAT AND SIGNING OF APPLICATION .................................................................................... 28
2.14. SEALING AND MARKING OF APPLICATIONS ............................................................................... 28
2.15. APPLICATION DUE DATE................................................................................................................. 29
2.16. LATE APPLICATIONS ....................................................................................................................... 30
2.17. MODIFICATIONS/ SUBSTITUTION/ WITHDRAWAL OF PROPOSALS .......................................... 30
D. EVALUATION PROCESS .......................................................................................................................... 30
2.18. OPENING AND EVALUATION OF APPLICATIONS ........................................................................ 30
2.19. CONFIDENTIALITY ............................................................................................................................ 31
2.20. TESTS OF RESPONSIVENESS ........................................................................................................ 32
2.21. CLARIFICATIONS .............................................................................................................................. 32
E. QUALIFICATION AND BIDDING ............................................................................................................... 33

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2.22. SHORT-LISTING AND NOTIFICATION ............................................................................................. 33
2.23. SUBMISSION OF BIDS ...................................................................................................................... 33
2.24. PROPRIETARY DATA ....................................................................................................................... 33
2.25. CORRESPONDENCE WITH THE APPLICANT ................................................................................ 33
3. CRITERIA FOR EVALUATION .................................................................................................................. 34
3.1. EVALUATION PARAMETERS ............................................................................................................... 34
3.2. TECHNICAL CAPACITY FOR PURPOSES OF EVALUATION ............................................................ 34
3.3. DETAILS OF EXPERIENCE ................................................................................................................... 37
3.4. FINANCIAL INFORMATION FOR PURPOSES OF EVALUATION ...................................................... 37
3.5. SHORT-LISTING OF APPLICANTS ...................................................................................................... 37
4. FRAUD AND CORRUPT PRACTICES ...................................................................................................... 39
5. PRE-APPLICATION CONFERENCE ......................................................................................................... 41
6. MISCELLANEOUS ..................................................................................................................................... 42
APPENDIX I. LETTER COMPRISING THE APPLICATION FOR PRE-QUALIFICATION .......................... 43
ANNEX – I DETAILS OF APPLICANT .................................................................................................. 47
@
ANNEX – II TECHNICAL CAPACITY OF THE APPLICANT ............................................................... 49
ANNEX – III FINANCIAL CAPACITY OF THE APPLICANT ................................................................... 53
ANNEX – IV DETAILS OF ELIGIBLE PROJECTS.................................................................................. 56
ANNEX – V STATEMENT OF LEGAL CAPACITY ................................................................................ 61
APPENDIX II. POWER OF ATTORNEY FOR SIGNING OF APPLICATION ............................................... 62
APPENDIX III. POWER OF ATTORNEY FOR LEAD MEMBER OF CONSORTIUM ................................ 64
APPENDIX IV. JOINT BIDDING AGREEMENT.......................................................................................... 67
APPENDIX V. GUIDELINES OF THE DEPARTMENT OF DISINVESTMENT .......................................... 73

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 Glossary

Applicant(s) As defined in Clause 1.2.1

Application As defined in the Disclaimer
Application Due Date As defined in Clause 1.1.5
Associate As defined in Clause 2.2.8
Authority As defined in Clause 1.1.1
Average Turnover As defined in Clause 2.2.3(ii)
Bids As defined in Clause 1.2.3
Bid Due Date As defined in Clause 1.2.3
Bid Security As defined in Clause 1.2.4
Bidders As defined in Clause 1.1.1
Bidding Documents As defined in Clause 1.2.3
Bidding Process As defined in Clause 1.2.1
Bid Stage As defined in Clause 1.2.1
[BOT] Build, Operate and Transfer
Concessionaire As defined in Clause 1.1.2
Concession Agreement As defined in Clause 1.1.2
Conflict of Interest As defined in Clause 2.2.1(c)
Consortium As defined in Clause 2.2.1(a)
DBFOT As defined in Clause 1.1.2
Eligible Experience As defined in Clause 3.2.1
Eligible Projects As defined in Clause 3.2.1
Estimated Project Cost As defined in Clause 1.1.4
Experience Score As defined in Clause 3.2.6
Financial Capacity As defined in Clause 2.2.2 (B)
Government Government of Jharkhand
Highest Bidder As defined in Clause 1.2.8
Jt. Bidding Agreement As defined in Clause 2.2.5 (g)
Lead Member As defined in Clause 2.2.5 (c)
LOA Letter of Award
Member Member of a Consortium
Net Worth As defined in Clause 2.2.3 (iii)
PPP Public Private Partnership
Premium As defined in Clause 1.2.8
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Project As defined in Clause 1.1.1
Qualification As defined in Clause 1.2.1
Qualification Stage As defined in Clause 1.2.1
Re. or Rs. or INR or ` Indian Rupee
RFP or Request for Proposals As defined in Clause 1.2.1
RFQ As defined in the Disclaimer
RMC Ranchi Municipal Corporation
SPV or Special Purpose Vehicle As defined in Clause 2.2.5
Technical Capacity As defined in Clause 2.2.2(A)

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

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 1. INTRODUCTION

1.1. Background

1.1.1. Ranchi Municipal Corporation (RMC) was established on 15th September 1979 vide
Government Notification No. 1406 by merging erstwhile Ranchi Municipality, Doranda
Municipality and Ranchi Doranda Joint Water Board. It is the second Municipal
Corporation of erstwhile Bihar and the first Corporation in the state of Jharkhand. With 55
administrative Wards, the corporation’s jurisdiction extends over an area of 175.12 sq.
km. RMC is governed by the Ranchi Municipal Corporation Act, 2001. It is the
responsibility of RMC to provide community with better sanitation, health and
infrastructure facilities.

With the objective of providing better healthcare facility to the citizens of Ranchi, Ranchi
Municipal Corporation(RMC) (the “Authority”) has identified 2.83 Acres of land at Ranchi
and has decided to undertake development and operation and maintenance of Multi-
Specialty Hospital Project (the “Project”) on Public Private Partnership (the “PPP”) on
Design, Build, Finance, Operate and Transfer (the “DBFOT”) basis. Private developer
shall be appointed through a competitive bidding for Developing, Operating and
Maintaining a 200 bedded Multi-Specialty Hospital in Ghagra, Doranda, Ranchi on Public
Private Partnership (PPP) basis.

The Authority intends to pre-qualify and short-list suitable Applicants (the “Bidders”) who
will be eligible for participation in the Bid Stage, for awarding the Project through an open
competitive bidding process in accordance with the procedure set out herein.

PROJECT BRIEF

Objective To provide affordable, accessible and efficient world class healthcare

services at Ranchi, Jharkhand by establishing Multi-Specialty
Hospital on Public Private Partnership Mode.
Project Name Multi-Specialty Hospital Project

Proposed 200 beds multi-specialty Hospital with at least three Super - Specialty
Facilities Services, complying norms laid under Bureau of Indian Standards
(BIS)/ Indian Public Health Standards (IPHS) / NABH (National
8
 Accreditation Board for Hospitals) besides applicable
Guidelines/Policies of State and Central Government.
Proposed • Ambulance Services
Ancillary • Dietary Services
Services and • Central Sterile Supply Department (CSSD)
Amenities • Laundry and Lenin Services
• Medico-Legal/ Post-Mortem
• Waste Management Including Biomedical Waste
• Heating, Ventilation and Air-Conditioning
• Nursing Services
• Parking
• Pharmacy/ Chemist Shop
• ATM/Canteen/Coffee Shop/ Std/Fax/Internet
SITE SPECIFICATIONS
Location Plot No: 57 and 58, Thana No. 221, Bara Ghagra, Doranda,
Ranchi- Jharkhand
Ownership Ranchi Municipal Corporation
Area 2.83 Acres
Allowable Area As per Ranchi Planning Standards and Buildings Byelaws
for
Construction
PPP FRAMEWORK
PPP Model Design, Build, Finance, Operate and Transfer (DBFOT)
Implementation • Land shall be provided by RMC to the Concessionaire on
Framework Lease.
• Hospital shall be constructed and managed by the Private
Party (Concessionaire) on Design, Built, Finance, Operate
and Transfer (DBFOT) basis.
• Applicant shall form Special Purpose Vehicle (SPV) for
execution of project.
• Concessionaire shall submit the layout, drawing and design of
the hospital to the RMC for approval.
Salient • Land to be provided by RMC
Features of • Concession Period: 30 years renewable for next 15 years
Concession • Concessionaire shall:
1. Construct the building and facilities with its own
resources
2. Pay certain %age of the Gross Revenue to RMC as
annual Concession Fee ( bid parameter)
3. Shall reserve certain percentage of IPD and OPD
facilities for BPL patients at CGHS rates to be
reimbursed by RMC.
4. Shall be free to charge other patients at market rates
Concessioning Ranchi Municipal Corporation through Chief Executive Officer
Authority

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 Monitoring The Consultant / Independent engineer shall be responsible for
Mechanism monitoring of the project to ensure that the project is being developed
and run in accordance with the Concession Agreement between
RMC and Concessionaire.

1.1.2. The selected bidder who is either a company incorporated under the Companies Act,
1956 or undertakes to incorporate as such prior to execution of the concession
agreement (the “Concessionaire”) shall be responsible for Design Built Finance Operate
Transfer (the “DBFOT”) of the Project under and in accordance with the provisions of a
concession agreement (the “Concession Agreement”) to be entered into between the
Concessionaire and the RMC.

1.1.3. Scope of Work: The scope of work shall broadly include:

a. To plan, design, build, finance, operate and maintain 200 bedded multi-specialty
hospital and
b. To provide at least 3 (three) super specialty services of its choice in consultation
with RMC.
c. To procure and install necessary medical and diagnostic equipments.
d. To provide quality hospital and healthcare services at affordable cost

The Concessionaire will operate and maintain the facility during the term of the lease and
transfer the same to RMC at the end of the lease term. The time period for holding lease
rights for this project shall be 30 years initially commencing from the date of signing of the
Concession Agreement with the provision of renewing for next 15 years. The detailed
scope of work would be provided at the RFP stage.

1.1.4. Indicative capital cost of the Project (the “Estimated Project Cost”) is about Rs. 90 to
Rs.100 Crore which may be revised and specified in the Bidding Documents of the
Project. The assessment of actual costs, however, will have to be made by the Bidders.

1.1.5. RMC shall receive Applications pursuant to this RFQ in accordance with the terms set
forth herein as modified, altered, amended and clarified from time to time by the RMC,
and all Applications shall be prepared and submitted in accordance with such terms on or
before the date specified in Clause 1.3 for submission of Applications (the “Application

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 Due Date”)

1.2. Brief Description of Bidding process

1.2.1. The Ranchi Municipal Corporation (RMC) has adopted a two-stage process (collectively
referred to as the “Bidding Process”) for selection of the bidder for award of the Project.
The first stage (the “Qualification Stage”) of the process involves qualification (the
“Qualification”) of interested parties/ consortia who make an Application in accordance
with the provisions of this RFQ (the “Applicant”, which expression shall, unless
repugnant to the context, include the Members of the Consortium). Prior to making an
Application, the Applicant shall pay to the RMC a sum of Rs. 10,000 (Rupees ten
thousand only) as the cost of the RFQ process by way of draft in favor of “Chief
Executive Officer, Ranchi Municipal Corporation”, payable at Ranchi on any scheduled
bank or nationalized bank, towards non refundable Document Fee. At the end of this
stage, the RMC expects to announce a shortlist of suitable pre-qualified Applicants who
shall be eligible for participation in the second stage of the Bidding Process (the “Bid
Stage”) comprising Request for Proposals (the “Request for Proposals” or “RFP”).

Government of India has issued guidelines (see Appendix-V) for qualification of bidders
seeking to acquire stakes in any public sector enterprise through the process of
disinvestment. These guidelines shall apply mutatis mutandis to this Bidding Process.
The Authority shall be entitled to disqualify an Applicant in accordance with the aforesaid
guidelines at any stage of the Bidding Process. Applicants must satisfy themselves that
they are qualified to bid, and should give an undertaking to this effect in the form at
Appendix-I.

1.2.2. In the Qualification Stage, Applicants would be required to furnish all the information
specified in this RFQ. Only those Applicants that are pre-qualified and short-listed by the
RMC shall be invited to submit their Bids. The Authority is likely to provide a
comparatively short time span for submission of the Bids for the Project. The Applicants
are, therefore, advised to visit the site and familiarize themselves with the Project before
submitting their bids.

1.2.3. In the Bid Stage, the Bidders will be called upon to submit their financial offers (the
"Bids") in accordance with the RFP and other documents to be provided by the Authority
11
 (collectively the "Bidding Documents"). The Bidding Documents for the Project will be
provided to every Bidder on payment of an amount to be specified in RFP. The Bid shall
be valid for a period of not less than 120 days from the date specified in Clause 1.3 for
submission of bids (the “Bid Due Date”).

1.2.4. In terms of the RFP, a Bidder will be required to deposit, along with its Bid, a bid security
(the “Bid Security”) of Rs. 1,00,00,000/- (Rs. One Crore only), refundable no later than
60 (sixty) days from the Bid Due Date, except in the case of the selected Bidder whose
Bid Security shall be retained till it has provided a Performance Security under the
Concession Agreement. The Bidders will have an option to provide Bid Security in the
form of a demand draft or a bank guarantee acceptable to the Authority and in such
event, the validity period of the demand draft or bank guarantee, as the case may be,
shall not be less than 180 (one hundred and eighty) days from the Application Due Date,
inclusive of a claim period of 60 (sixty) days, and may be extended as may be mutually
agreed between the Authority and the Bidder from time to time. The Bid shall be
summarily rejected if it is not accompanied by the Bid Security.

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

1.2.6. During the Bid Stage, Bidders are invited to examine the Project in greater detail, and to
carry out, at their cost, such studies as may be required for submitting their respective
Bids for award of the concession including implementation of the Project.

1.2.7. As part of the Bidding Documents, the RMC will provide a draft Concession Agreement
and other information pertaining/ relevant to the Project available with it.

1.2.8. Bids will be invited for the Project on the basis of the highest premium offered in the form
of %age of gross revenue share per annum during concession period (the "Premium")
by a Bidder to RMC for award of the concession for implementing the Project. The

12
 concession period shall be pre-determined, and will be indicated in the draft Concession
Agreement forming part of the Bidding Documents. The Premium amount shall constitute
the sole criteria for evaluation of Bids. The Project shall be awarded to the Bidder quoting
the highest Premium.

In this RFQ, the term “Highest Bidder” shall mean the Bidder who is offering the highest
Premium.

1.2.9. The Concessionaire shall be liable to reserve certain %age of IPD and OPD facilities for
BPL patients at CGHS rates to be reimbursed by RMC. Such percentage shall be decided
by the RMC at RFP stage. The Concessionaire shall be entitled to charge other patients
at a pre-determined market rate.

1.2.10. Further and other details of the process to be followed at the Bid Stage and the terms
thereof will be spelt out in the Bidding Documents.

1.2.11. Any queries or request for additional information concerning this RFQ shall be submitted
in writing or by fax and e-mail to:

The Chief Executive Officer

Ranchi Municipal Corporation
Kutchury Road, Ranchi – 834001 (Jharkhand)
Phone: 0651-2211215, 2203469
Fax: 0651-2211777
E-mail: support@ranchimunicipal.com

The envelopes/ communications shall clearly bear the following identification/ title:

“Queries/ Request for Additional Information: RFQ for development, operation

and maintenance of Multi-Specialty Hospital in Doranda, Ranchi”.

1.3. Schedule of Bidding Process for Qualification Stage:

The RMC shall endeavor to adhere to the following schedule:

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a) Qualification Stage:
S No. Event Description Date
1 Date For Issuing of RFQ 28th February 2012 to 19th March 2012
2 Last date of receiving queries 21th March 2012
3 Pre-Application Conference 24th March 2012
Last date of reply of received
4 26th March 2012
queries
5 Application due date 03rd April 2012

6 Announcement of short list 09th April 2012

b) Bid Stage: To be Specified

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 2. INSTRUCTION TO APPLICANTS

A. GENERAL

2.1. Scope of Application

2.1.1. RMC wishes to receive Applications for Qualification in order to short-list experienced and
capable Applicants for the Bid Stage in respect of the Project.

2.1.2. Short-listed Applicants may be subsequently invited to submit the Bids for the Project.

2.2. Eligibility of Applicants

2.2.1. For determining the eligibility of Applicants for their pre-qualification hereunder, the
following shall apply:
a. The Applicant for pre-qualification may be a single entity or a group of entities (the
“Consortium”), coming together to implement the Project. However, no applicant
applying individually or as a member of a Consortium, as the case may be, can be
member of another Applicant. The term Applicant used herein would apply to both a
single entity and a Consortium.
b. An Applicant may be a natural person, firm, private entity, non- profit organization
(trust or society) or any combination of them with a formal intent to enter into an
agreement or under an existing agreement to form a Consortium. A Consortium shall
be eligible for consideration subject to the conditions set out in Clause 2.2.5 below.
c. An Applicant shall not have a conflict of interest (the “Conflict of Interest”) that
affects the Bidding Process. Any Applicant found to have a Conflict of Interest shall
be disqualified. An Applicant shall be deemed to have a Conflict of Interest affecting
the Bidding Process, if:
i. The Applicant, its Member or Associate (or any constituent thereof) and any
other Applicant, its Member or any Associate thereof (or any constituent thereof)
have common controlling shareholders or other ownership interest; provided
that this disqualification shall not apply in cases where the direct or indirect
shareholding of an Applicant, its Member or an Associate thereof (or any
shareholder thereof having a shareholding of more than 5% (five per cent) of the
paid up and subscribed share capital of such Applicant, Member or Associate,
15
 as the case may be) in the other Applicant, its Member or Associate is less than
5% (five per cent) of the subscribed and paid up equity share capital thereof;
provided further that this disqualification shall not apply to any ownership by a
bank, insurance company, pension fund or a public financial institution referred
to in section 4A of the Companies Act, 1956. For the purposes of this Clause
2.2.1 (c), indirect shareholding held through one or more intermediate persons
shall be computed as follows: (aa) where any intermediary is controlled by a
person through management control or otherwise, the entire shareholding held
by such controlled intermediary in any other person (the “Subject Person”) shall
be taken into account for computing the shareholding of such controlling person
in the Subject Person; and (bb) subject always to sub-clause (aa) above, where
a person does not exercise control over an intermediary, which has
shareholding in the Subject Person, the computation of indirect shareholding of
such person in the Subject Person shall be undertaken on a proportionate basis;
provided, however, that no such shareholding shall be reckoned under this sub-
clause (bb) if the shareholding of such person in the intermediary is less than
26% (twenty six per cent) of the subscribed and paid up equity shareholding of
such intermediary; or
ii. A constituent of such Applicant is also a constituent of another Applicant; or
iii. Such Applicant, or any Associate thereof receives or has received any direct or
indirect subsidy, grant, concessional loan or subordinated debt from any other
Applicant, or any Associate thereof or has provided any such subsidy, grant,
concessional loan or subordinated debt to any other Applicant, its Member or
any Associate thereof; or
iv. Such Applicant has the same legal representative for purposes of this
Application as any other Applicant; or
v. Such Applicant, or any Associate thereof has a relationship with another
Applicant, or any Associate thereof, directly or through common third party/
parties, that puts either or both of them in a position to have access to each
others’ information about, or to influence the Application of either or each other;
or
vi. Such Applicant or any Associate thereof has participated as a consultant to the
RMC in the preparation of any documents, design or technical specifications of
the Project.

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 d. An Applicant shall be liable for disqualification if any legal, financial or technical
adviser of the RMC in relation to the Project is engaged by the Applicant, its Member
or any Associate thereof, as the case may be, in any manner for matters related to or
incidental to the Project. For the avoidance of doubt, this disqualification shall not
apply where such adviser was engaged by the Applicant, its Member or Associate in
the past but its assignment expired or was terminated 6 (six) months prior to the date
of issue of this RFQ. Nor will this disqualification apply where such adviser is
engaged after a period of 3 (three) years from the date of commercial operation of
the Project.

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

2.2.2. To be eligible for pre-qualification and short-listing, an Applicant shall fulfill the following
conditions of eligibility;

a. Technical Capacity: For demonstrating technical capacity and experience (the

“Technical Capacity”), the Applicant shall preceding the Application Due Date,
have:
i. Project Development experience: Developed Eligible Project(s) in Category
1 specified in Clause 3.2.1 having combined strength of not less than 500
beds; and
ii. Project Operation & Management experience: Operated & Managed at least
one Eligible Project in Category 2 projects specified in Clause 3.2.1.

b. Financial Capacity: For demonstrating financial capacity (the “Financial

Capacity”), the Applicant shall, have:
i. The Applicant shall have a minimum Net Worth of Rs. 25 crore (Rs. Twenty Five
crore);
ii. Average Annual Turnover of at least Rs 50 Crores (Rs. Fifty crore) for last
three financial years ending March 31, 2011; and
iii. Annual Operating Profit of Rs 5 Crores (Rs. Five crore) in 3 years out of last 5
years ending March 31 2011.

17
 In case of a Consortium, the combined technical capacity and financial capacity of
those Members, who have and shall continue to have an equity share of at least
26% (twenty six per cent) each in the SPV, should satisfy the above conditions of
eligibility; provided that each such Member shall, for a period of 5 (five) years from
the date of commercial operation of the Project, hold equity share capital not less
than: (i) 26% (twenty six per cent) of the subscribed and paid up equity of the SPV;
and (ii) 5% (five per cent) of the Total Project Cost specified in the Concession
Agreement.

2.2.3. The Applicants shall enclose with its application, to be submitted as per the format at
Appendix-I, complete with its Annexes, the following:

i. Certificate(s) from its statutory auditors or the concerned client(s) stating the eligible
works in respect of the projects specified in paragraph 2.2.2 above. In case a
particular work/ contract has been jointly executed by the Applicant (as part of a
consortium), it should further support its claim for the share in work done for that
particular work/ contract by producing a certificate from its statutory auditor or the
client;

ii. Certificate(s) from its Statutory Auditors specifying Average Turnover of the
Applicant, in the last three financial years ending March 31, 2011 and also specifying
that the methodology adopted for calculating such Average Turnover conforms to
the provisions of this Clause 2.2.3 (ii). For the purposes of this RFQ, turnover (the
“Average Turnover”) shall mean the average of sum of Revenue earned by the
Applicant from core business operations (excluding Other Income) in preceding three
financial years; and

iii. Certificate(s) from its Statutory Auditors specifying the net worth of the Applicant, as
at the close of the preceding financial year, and also specifying that the methodology
adopted for calculating such net worth conforms to the provisions of this Clause 2.2.3
(iii). For the purposes of this RFQ, net worth (the “Net Worth”) shall mean the sum of
subscribed and paid up equity and reserves from which shall be deducted the sum of
revaluation reserves, miscellaneous expenditure not written off and reserves not
available for distribution to equity share holders.

18
2.2.4. The Applicant should submit a Power of Attorney as per the format enclosed in Appendix-
II, authorizing the signatory of the Application to commit the Applicant. In the case of a
Consortium, the members shall submit a Power of Attorney in favor of the Lead Member
as per format at Appendix-III.

2.2.5. Where the Applicant is a single entity, it shall be required to form an appropriate Special
Purpose Vehicle (the “SPV”), incorporated under the Indian Companies Act, 1956 to
execute the Concession Agreement and implement the Project. In case the Applicant is a
Consortium, it shall, in addition to forming an SPV, comply with the following additional
requirements:

a. Number of members in a consortium shall not exceed 3 (three), and the information
sought in the Application shall be in the order of their equity contribution;

b. Subject to the provisions of sub-clause (a) above, the Application should contain the
information required for each member of the Consortium;

c. Members of the Consortium shall nominate one member as the lead member (the
“Lead Member”), who shall have an equity share holding of at least 35% (thirty five
per cent) of the paid up and subscribed equity of the SPV. The nomination(s) shall
be supported by a Power of Attorney, as per the format at Appendix-III, signed by all
the other members of the Consortium;

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

e. An individual Applicant cannot at the same time be member of a Consortium

applying for pre-qualification. Further, a member of a particular Applicant Consortium
cannot be member of any other Applicant Consortium applying for pre-qualification;

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

19
g. Members of the Consortium shall enter into a binding Joint Bidding Agreement,
substantially in the form specified at Appendix-IV (the “Jt. Bidding Agreement”), for
the purpose of making the Application and submitting a Bid in the event of being
short-listed. The Jt. Bidding Agreement, to be submitted along with the Application,
shall, inter alia:

i. Convey the intent to form an SPV with shareholding/ ownership equity

commitment(s) in accordance with this RFQ, which would enter into the
Concession Agreement and subsequently perform all the obligations of the
Concessionaire in terms of the Concession Agreement, in case the concession
to undertake the Project is awarded to the Consortium;
ii. Clearly outline the proposed roles and responsibilities, if any, of each member;
iii. Commit the minimum equity stake to be held by each member;
iv. Commit that each of the members, whose experience will be evaluated for the
purposes of this RFQ, shall subscribe to 26% (twenty six per cent) or more of
the paid up and subscribed equity of the SPV and shall further commit that each
such member shall, for a period of 5 (five) years from the date of commercial
operation of the Project, hold equity share capital not less than: (i) 26% (twenty
six per cent) of the subscribed and paid up equity share capital of the SPV; and
(ii) 5% (five per cent) of the Total Project Cost specified in the Concession
Agreement;
v. Members of the Consortium undertake that they shall collectively hold at least
51% (fifty one per cent) of the subscribed and paid up equity of the SPV at all
times until the fifth anniversary of the commercial operation date of the Project;
and
vi. Include a statement to the effect that all members of the Consortium shall be
liable jointly and severally for all obligations of the Concessionaire in relation to
the Project until the Financial Close of the Project is achieved in accordance
with the Concession Agreement; and

h. Except as provided under this RFQ and the Bidding documents, there shall not be
any amendment to the Jt. Bidding Agreement without the prior written consent of the
RMC.

20
2.2.6. Any entity which has been barred or disqualified either by Govt. of India or Govt. of
Jharkhand or any entity controlled by it, from participating in any project (BOT or
otherwise) and the bar subsists as on the date of Application, would not be eligible to
submit an Application, either individually or as member of a Consortium.

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

2.2.8. In computing the Technical Capacity, Average Turnover and Net Worth of the Applicant/
Consortium members under Clauses 2.2.2, 2.2.3 and 3.2, the Technical Capacity,
Average Turnover and Net Worth of their respective Associates would also be eligible
hereunder.

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

2.2.9. The following conditions shall be adhered to while submitting an Application:

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

b. Information supplied by an Applicant (or other constituent member if the Applicant is

21
 a Consortium) must apply to the Applicant, Member or Associate named in the
Application and not, unless specifically requested, to other associated companies or
firms. Invitation to submit Bids will be issued only to Applicants whose identity and/ or
constitution is identical to that at pre-qualification;

c. In responding to the pre-qualification submissions, Applicants should demonstrate

their capabilities in accordance with Clause 3.1 below; and

d. In case the Applicant is a Consortium, each Member should substantially satisfy the
pre-qualification requirements to the extent specified herein.

2.2.10. Qualification is open only to residents/entities incorporated in India.

2.2.11. Notwithstanding anything to the contrary contained herein, in the event that the
Application Due Date falls within three months of the closing of the latest financial year of
an Applicant, it shall ignore such financial year for the purposes of its Application and
furnish all its information and certification with reference to the 3 (three) years or 1 (one)
year, as the case may be, preceding its latest financial year. For the avoidance of doubt,
financial year shall, for the purposes of an Application hereunder, mean the accounting
year followed by the Applicant in the course of its normal business.

2.3. Change in Composition of Consortium

2.3.1. Change in the composition of a Consortium will not be permitted by the RMC during the
Qualification Stage.

2.3.2. Where the Bidder is a Consortium, change in the composition of a Consortium may be
permitted by the RMC during the Bid Stage, only where:
a. the application for such change is made no later than 15 (fifteen) days prior to the
Bid Due Date;
b. the Lead Member continues to be the Lead Member of the Consortium;
c. the substitute is at least equal, in terms of Technical Capacity, to the Consortium
Member who is sought to be substituted and the modified Consortium shall continue
to meet the pre-qualification and short-listing criteria for Applicants; and
d. the new Member(s) expressly adopt(s) the Application already made on behalf of the
Consortium as if it were a party to it originally, and is not an Applicant/ Member/

22
 Associate of any other Consortium bidding for this Project.

2.3.3. Approval for change in the composition of a Consortium shall be at the sole discretion of
the RMC and must be approved by the RMC in writing.

2.3.4. The modified/ reconstituted Consortium shall submit a revised Jt. Bidding Agreement
before the Bid Due Date.

2.3.5. Notwithstanding anything to the contrary contained in sub-clause (c) (i) of Clause 2.2.1,
an Applicant may, within 10 (ten) days after the Application Due Date, remove from its
Consortium any Member who suffers from a Conflict of Interest, and such removal shall
be deemed to cure the Conflict of Interest arising in respect thereof.

2.4. Number of Applications and Costs Thereof

2.4.1. No Applicant shall submit more than one Application for the Project. An applicant applying
individually or as a member of a Consortium shall not be entitled to submit another
application either individually or as a member of any Consortium, as the case may be.

2.4.2. The Applicants shall be responsible for all of the costs associated with the preparation of
their Applications and their participation in the Bid Process. The RMC will not be
responsible or in any way liable for such costs, regardless of the conduct or outcome of
the Bidding Process.

2.5. Site Visit and Verification of Information

Applicants are encouraged to submit their respective Applications after visiting the Project site
and ascertaining for themselves the site conditions, traffic, location, surroundings, climate,
availability of power, water and other utilities for construction, access to site, handling and
storage of materials, weather data, applicable laws and regulations, and any other matter
considered relevant by them.

2.6. Fees of the Consultants

2.6.1. Tetra Tech India Limited (TTI) has been appointed as a Consultant to assist RMC, for
handling the bid process management for the selection of the Successful bidder and
project management consultancy.

23
 2.6.2. The Success Fee and the Project Management Consultancy (PMC) fee shall be paid to
TTI by the Selected Bidder for providing transaction advisory and project management
consultation services (TA cum PMC) as below:
a. Success Fee of 1% of the total project cost as approved by the RMC shall be paid
by the Selected Bidder to TTI.
b. Project Management Consultancy Fee of 1% of the total project cost as approved by
the RMC shall be paid by the Selected Bidder to TTI.

2.7. Acknowledge by Applicant

2.7.1. It would be deemed that by submitting the Application, the Applicant has:
a. Made a complete and careful examination of the RFQ ;
b. Received all relevant information requested from RMC;
c. Accepted the risk of inadequacy, error or mistake in the information provided in the
RFQ or furnished by or on behalf of the RMC relating to any of the matters referred
to in Clause 2.5 above; and
d. Agreed to be bound by the undertakings provided by it under and in terms hereof.

2.7.2. RMC shall not be liable for any omission, mistake or error on the part of the Applicant in
respect of the above or on account of any matter or thing arising out of or concerning or
relating to the RFQ or the Bidding Process, including any error or mistake therein or in
any information or data given by the RMC.

2.8. Right to Accept or Reject any or all Applications/ Bids

2.8.1. Notwithstanding anything contained in this RFQ, the RMC reserves the right to accept or
reject any Application and to annul the Bidding Process and reject all Applications/ Bids,
at any time without any liability or any obligation for such acceptance, rejection or
annulment, and without assigning any reasons thereof. In the event that the RMC rejects
or annuls all the Bids, it may, in its discretion, invite all eligible Bidders to submit fresh
Bids hereunder.

2.8.2. The RMC reserves the right to reject any Application and/ or Bid if:
a. At any time, a material misrepresentation is made or uncovered, or
b. The Applicant does not provide, within the time specified by the RMC, the
24
 supplemental information sought by the RMC for evaluation of the Application.

If the Applicant/Bidder is a Consortium, then the entire Consortium may be disqualified/

rejected. If such disqualification/ rejection occur after the Bids have been opened and
the Highest Bidder gets disqualified/ rejected, then the RMC reserves the right to
i. Invite the remaining Bidders to match the Highest Bidder/ submit their Bids in
accordance with the RFP; or
ii. Take any such measure as may be deemed fit in the sole discretion of the RMC,
including annulment of the Bidding Process.

2.8.3. In case it is found during the evaluation or at any time before signing of the Concession
Agreement or after its execution and during the period of subsistence thereof, including
the concession thereby granted by the RMC, that one or more of the pre-qualification
conditions have not been met by the Applicant, or the Applicant has made material
misrepresentation or has given any materially incorrect or false information, the Applicant
shall be disqualified forthwith if not yet appointed as the Concessionaire either by issue of
the LOA or entering into of the Concession Agreement, and if the Applicant/SPV has
already been issued the LOA or has entered into the Concession Agreement, as the case
may be, the same shall, notwithstanding anything to the contrary contained therein or in
this RFQ, be liable to be terminated, by a communication in writing by the RMC to the
Applicant, without the RMC being liable in any manner whatsoever to the Applicant and
without prejudice to any other right or remedy which the RMC may have under this RFQ,
the Bidding Documents, the Concession Agreement or under applicable law.

2.8.4. The RMC reserves the right to verify all statements, information and documents submitted
by the Applicant in response to the RFQ. Any such verification or lack of such verification
by the RMC shall not relieve the Applicant of its obligations or liabilities hereunder nor will
it affect any rights of the RMC there under.

25
 B. DOCUMENTS

2.9. Contents of the RFQ

This RFQ comprises the disclaimer set forth hereinabove, the contents as listed below, and
will additionally include any Addenda issued in accordance with Clause 2.11.

Invitation for Qualification

Section 1. Introduction
Section 2. Instructions to Applicants
Section 3. Criteria for Evaluation
Section 4. Fraud and Corrupt Practices
Section 5. Pre Application Conference
Section 6. Miscellaneous

Appendices
I. Letter comprising the Application
II. Power of Attorney for signing of Application
III. Power of Attorney for Lead Member of Consortium
IV. Joint Bidding Agreement for Consortium
V. Guidelines of the Department of Disinvestment

2.10.Clarifications

2.10.1. Applicants requiring any clarification on the RFQ may notify the RMC in writing or by fax
and by e-mail at support@ranchimunicipal.com in accordance with Clause 1.2.11., along
with a mandatory copy to the consultants at sudhir.malik@tetratech.com. They should
send in their queries before the date specified in the schedule of Bidding Process
contained in Clause 1.3. The RMC shall endeavor to respond to the queries within the
period specified therein, but no later than 10 (ten) days prior to the Application Due Date.
The responses will be uploaded on the website of RMC i.e. www.ranchimunicipal.com.
The RMC will upload all the queries and its responses thereto, to all purchasers of the
RFQ without identifying the source of queries.

2.10.2. The RMC would endeavor to respond to the questions raised or clarifications sought by
the Applicants by the date mentioned in the Schedule of Bidding Process. However, the
26
 RMC reserves the right not to respond to any question or provide any clarification, in its
sole discretion, and nothing in this Clause shall be taken or read as compelling or
requiring the RMC to respond to any question or to provide any clarification.

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

2.11.Amendment of RFQ

2.11.1. At any time prior to the deadline for submission of Application, the RMC may, for any
reason, whether at its own initiative or in response to clarifications requested by an
Applicant, modify the RFQ by the issuance of Addenda.

2.11.2. Any Addendum thus issued will be uploaded on www.ranchimunicipal.com.

2.11.3. In order to afford the Applicants a reasonable time for taking an Addendum into account,
or for any other reason, the RMC may, in its sole discretion, extend the Application Due
Date.

C. PREPARATION and SUBMISSION OF APPLICATION

2.12.Language and Currency

The Application and all related correspondence and documents in relation to the Bidding
Process shall be written in the English language. Supporting documents and printed literature
furnished by the Applicant with the Application may be in any other language provided that
they are accompanied by an appropriate translation of all the pertinent passages in the
English language, duly authenticated and certified by the Applicant. Supporting materials that
are not translated into English shall not be considered. For the purpose of interpretation and
evaluation of the Proposal, the English language translation shall prevail.

The currency for the purpose of the Proposal shall be the Indian Rupee (INR).

27
2.13.Format and Signing of Application

2.13.1. The Applicant shall provide all the information sought under this RFQ. RMC would
evaluate only those Applications that are received in the required format and are
complete in all respects. Incomplete and/or conditional Applications shall be liable to
rejection.

2.13.2. The Applicant shall prepare 1 (one) original set of the Application (together with originals/
copies of documents required to be submitted along therewith pursuant to this RFQ) and
clearly marked “ORIGINAL”. In addition, the Applicant shall submit 1 (one) copy of the
Application, along with documents required to be submitted along therewith pursuant to
this RFQ, marked “COPY”. The Applicant shall also provide 2 (two) soft copies on
Compact Disc (CD). In the event of any discrepancy between the original and the copy,
the original shall prevail.

2.13.3. The Application and its copy shall be typed or written in indelible ink and signed by the
authorized signatory of the Applicant who shall also initial each page in blue ink. In case
of printed and published Documents, only the cover shall be initialed. All the alterations,
omissions, additions or any other amendments made to the Application shall be initialed
by the person(s) signing the Application. The Application shall contain page numbers and
shall be bound together in hard cover.

2.14.Sealing and Marking of Applications

2.14.1. The Applicant shall submit the Application in the format specified at Appendix-I, together
with the documents specified in Clause 2.14.2, and seal it in an envelope and mark the
envelope as “APPLICATION”. The Applicant shall seal the original and the copy of the
Application, together with their respective enclosures, in separate envelopes duly marking
the envelopes as “ORIGINAL” and “COPY”. The envelopes shall then be sealed in an
outer envelope which shall also be marked in accordance with Clauses 2.14.2 and 2.14.3.

2.14.2. Each envelope shall contain:

i. Application in the prescribed format (Appendix-I) along with Annexes and supporting
documents;

28
 ii. Power of Attorney for the signing of Application as per the format enclosed at
Appendix-II;
iii. If applicable, Power of Attorney for the Lead Member of the Consortium as per the
format at Appendix-III;
iv. Copy of the Jt. Bidding Agreement, in case of a Consortium, substantially in the
format at Appendix-IV;
v. Copy of Memorandum and Articles of Association, if the Applicant is a body
corporate, and if a partnership then a copy of its partnership deed;
vi. Copies of Applicant’s duly audited balance sheet and Profit and Loss Account for
the preceding 3 (three) Financial Years;

Each of the envelopes shall clearly bear the following identification:

“Application for Qualification: Development, operation and maintenance of Multi-
Specialty Hospital at Doranda, Ranchi”

and shall clearly indicate the name and address of the Applicant. In addition, the
Application Due Date should be indicated on the right hand corner of each of the
envelopes.

2.14.3. Each of the envelopes shall be addressed to :

The Chief Executive Officer,
Ranchi Municipal Corporation
Kutchury Road, Ranchi – 834001 (Jharkhand)
Phone: 0651-2211215, 2203469
Fax: 0651-2211777

2.14.4. If the envelope is not sealed and marked as instructed above, RMC assumes no
responsibility for the misplacement or premature opening of the contents of the
Application submitted and consequent losses, if any, suffered by the Applicant.

2.14.5. Applications submitted by fax, telegram or email shall not be entertained and shall be
rejected.

2.15.Application Due Date

2.15.1. Applications should be submitted before 1500 hours IST on the Application Due Date, at
the address provided in Clause 2.14.3 in the manner and form as detailed in this RFQ. A

29
 receipt thereof should be obtained from the person specified in Clause 2.14.3.

2.15.2. The RMC may, in its sole discretion, extend the Application Due Date by issuing an
Addendum in accordance with Clause 2.11 uniformly for all Applicants.

2.16.Late Applications
Bids received by the RMC after the specified time on the Application Due Date shall not be
eligible for consideration and shall be summarily rejected.

2.17.Modifications/ Substitution/ Withdrawal of Proposals

2.17.1. The Applicant may modify, substitute or withdraw its Application after submission,
provided that written notice of the modification, substitution or withdrawal is received by
the Authority prior to the Application Due Date. No Application shall be modified,
substituted or withdrawn by the Applicant on or after the Application Due Date.

2.17.2. The modification, substitution or withdrawal notice shall be prepared, sealed, marked, and
delivered in accordance with Clause 2.14, with the envelopes being additionally marked
“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.

2.17.3. Any alteration/ modification in the Application or additional information supplied

subsequent to the Application Due Date, unless the same has been expressly sought for
by the Authority, shall be disregarded.

D. EVALUATION PROCESS

2.18.Opening and Evaluation of Applications

2.18.1. The RMC shall open the Applications at 1530 hours IST on the Application Due Date, at
the place specified in Clause 2.14.3 and in the presence of the Applicants who choose to
attend.

2.18.2. Applications for which a notice of withdrawal has been submitted in accordance with
Clause 2.17 shall not be opened.

2.18.3. The RMC will subsequently examine and evaluate Applications in accordance with the

30
 provisions set out in Section 3.

2.18.4. Applicants are advised that pre-qualification of Applicants will be entirely at the discretion
of the RMC. Applicants will be deemed to have understood and agreed that no
explanation or justification on any aspect of the Bidding Process or selection will be given.

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

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

2.18.7. If any information furnished by the Applicant is found to be incomplete, or contained in

formats other than those specified herein, the RMC may, in its sole discretion, exclude the
relevant project from computation of the Eligible Score of the Applicant.

2.18.8. In the event that an Applicant claims credit for an Eligible Project, and such claim is
determined by the RMC as incorrect or erroneous, the RMC shall reject such claim and
exclude the same from computation of the Eligible Score, and may also, while computing
the aggregate Experience Score of the Applicant, make a further deduction equivalent to
the claim rejected hereunder. Where any information is found to be patently false or
amounting to a material misrepresentation, the RMC reserves the right to reject the
Application and/ or Bid in accordance with the provisions of Clause 2.8.

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

31
2.20.Tests of Responsiveness

2.20.1. Prior to evaluation of Applications, the RMC shall determine whether each Application is
responsive to the requirements of the RFQ. An Application shall be considered
responsive only if:
a. It is received as per format at Appendix-I;
b. It is received by the Application Due Date including any extension thereof pursuant to
Clause 2.15.2;
c. It is signed, sealed, bound together in hard cover, and marked as stipulated in
Clauses 2.13 and 2.14;
d. It is accompanied by the Power of Attorney as specified in Clause 2.2.4, and in the
case of a Consortium, the Power of Attorney as specified in the Clause 2.2.5 (c);
e. It contains all the information and documents (complete in all respects) as requested
in this RFQ;
f. It contains information in formats same as those specified in this RFQ;
g. It contains certificates from its statutory auditors in the formats specified at
Appendix-I of the RFQ for each Eligible Project;
h. It contains an attested copy of the receipt for payment of Rs. 10,000 (Rupees ten
thousand only) to RMC towards the cost of the RFQ document;
i. It is accompanied by the Jt. Bidding Agreement (for Consortium), specific to the
Project, as stipulated in Clause 2.2.5 (g);
j. It does not contain any condition or qualification; and
k. It is not non-responsive in terms hereof.

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

2.21.Clarifications

2.21.1. To facilitate evaluation of Applications, the RMC may, at its sole discretion, seek
clarifications from any Applicant regarding its Application. Such clarification(s) shall be
provided within the time specified by the RMC for this purpose. Any request for
clarification(s) and all clarification(s) in response thereto shall be in writing.

2.21.2. If an Applicant does not provide clarifications sought under Clause 2.21.1 above within
32
 the prescribed time, its Application shall be liable to be rejected. In case the Application is
not rejected, the RMC may proceed to evaluate the Application by construing the
particulars requiring clarification to the best of its understanding, and the Applicant shall
be barred from subsequently questioning such interpretation of the RMC.

E. QUALIFICATION AND BIDDING

2.22.Short-Listing and Notification

After the evaluation of Applications, the RMC will upload a list of short-listed pre-qualified
Applicants (Bidders) who will be eligible for participation in the Bid Stage on its website. The
RMC will not entertain any query or clarification from Applicants who fail to qualify.

2.23.Submission of Bids
The Bidders will be requested to submit a Bid in the form and manner to be set out in the
Bidding Documents.

Only pre-qualified Applicants shall be invited by the RMC to submit their Bids for the Project.
The RMC is likely to provide a comparatively short time span for submission of the Bids for
the Project. The Applicants are therefore advised to visit the site and familiarize themselves
with the Project by the time of submission of the Application. No extension of time is likely to
be considered for submission of Bids pursuant to invitation that may be issued by the RMC.

2.24.Proprietary Data
All documents and other information supplied by the RMC or submitted by an Applicant to the
RMC shall remain or become the property of the RMC. Applicants are to treat all information
as strictly confidential and shall not use it for any purpose other than for preparation and
submission of their Application. The RMC will not return any Application or any information
provided along therewith.

2.25.Correspondence with the Applicant

Save and except as provided in this RFQ, the RMC shall not entertain any correspondence
with any Applicant in relation to the acceptance or rejection of any Application.

33
 3. CRITERIA FOR EVALUATION

3.1. Evaluation Parameters

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

3.1.2. The Applicant’s competence and capability is proposed to be established by the following
parameters:
a) Technical Capacity; and
b) Financial Capacity

3.2. Technical Capacity for Purposes of Evaluation

3.2.1. Subject to the provisions of Clause 2.2, the following categories of experience would
qualify as Technical Capacity and eligible experience (the "Eligible Experience") in
relation to eligible projects as stipulated in Clauses 3.2.3 and 3.2.4 (the "Eligible
Projects"):

Category 1: Project Development1 experience in Eligible Projects in Hospital Sector2 that

qualify under Clause 3.2.3

Category 2: Operation & Management experience in Eligible Projects in Hospital Sector

that qualify under Clause 3.2.4

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

3.2.3. For a project to qualify as an Eligible Project under Category 1:

a) It should have been undertaken as a PPP project on BOT, BOLT, BOO, BOOT.

1
Developed shall mean build and financed the construction of the project
2
Hospital Sector would be deemed to include Public Hospitals, Private Hospitals, General Hospitals, District
Hospitals, Specialized Hospitals or Teaching Hospitals.

34
 DBOOT or developed /constructed by the Applicant for providing its output or
services on non-discriminatory basis to users. in pursuance of its charter,
concession or contract, as the case may be;
b) It should have bed strength of at least 75 beds.
c) The entity claiming experience should have held, in the company owing the Eligible
Project, a minimum of 26% (twenty six per cent) equity during the entire year for
which Eligible Experience is being claimed;

3.2.4. For a project to qualify as an Eligible Project under Category 2,

a) It should be a Hospital having a bed strength of at least 75 beds and;
b) The Applicant should have operated and managed it for a period of 5 (five) financial
years preceding the Application Due Date.
c) The entity claiming experience should have held, in the company owing the Eligible
Project, a minimum of 26% (twenty six per cent) equity during the entire year for
which Eligible Experience is being claimed

3.2.5. The Applicant shall quote experience in respect of a particular Eligible Project under both
categories.

3.2.6. An Applicant’s experience shall be measured and stated in terms of a score (the
"Experience Score"). The Experience Score for an Eligible Project in a given category
would be as follows:
Maximum Marking Scheme
S.No. Criteria
Marks Parameter Marks Allotted
1. Technical Capacity 70 Marks
1(A) Project Combined Bed
Development Strength of :

Experience: a) less than 500 a) 0 marks

Developed Eligible beds
Project(s) in b) equal to 500 b) 20 marks
30 marks
Category 1 specified beds

in Clause 3.2.1 c) more than c) 2 marks

having combined 500 beds each for

strength of not less additional

75 beds
35
 than 500 beds;
I. Number of years
(25 marks):
a) Upto 5 years a) 0 marks
Project Operation & b) 5 years to 10 b) 20 marks
Management years
Experience: c) More than 10 c) 25 marks
Operated & Managed years
1(B) 40 marks
at least one Eligible II. No of Super
Project in Category 2 Specialty
projects specified in Departments (15
Clause 3.2.1 marks):
a) 1 Department a) 10 marks
b) More than 1 b) 15 marks
Department
2. Financial Capacity 30 marks
2(A) Net Worth (as per 15 marks Net Worth slab (in Rs
Clause 2.2.2(b)) Crore):
a) Upto Rs 25 a) 0 marks
Crore
b) Rs. 25 Crore – b) 10 marks
Rs. 50 Crore
c) More than Rs. c) 15 marks
50 Crore
2(B) Average Turnover 15 marks Average Turnover
(as per Clause slab (in Rs Crore):
2.2.2(b)) a) Upto Rs 50 a) 0 marks
Crore
b) Rs. 50 Crore – b) 10 marks
Rs. 100 Crore
c) More than Rs. c) 15 marks
100 Crore

3.2.7. Experience for any activity relating to an Eligible Project shall not be claimed by two or
36
 more Members of the Consortium. In other words, no double counting by a Consortium in
respect of the same experience shall be permitted in any manner whatsoever.

3.3. Details of Experience

3.3.1. The Applicants must provide the necessary information relating to Technical Capacity as
per format at Annex-II of Appendix-I.

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

3.4. Financial Information for Purposes of Evaluation

3.4.1. The Application must be accompanied by the Audited Annual Reports of the Applicant (of
each Member in case of a Consortium) for the last 3 (three) financial years, preceding the
year in which the Application is made.

3.4.2. In case the annual accounts for the latest financial year are not audited and therefore the
Applicant cannot make it available, the Applicant shall give an undertaking to this effect
and the statutory auditor shall certify the same. In such a case, the Applicant shall provide
the Audited Annual Reports for 3 (three) years preceding the year for which the Audited
Annual Report is not being provided.

3.4.3. The Applicant must establish the minimum financial capacity specified in Clause
2.2.2.(b.), and provide details as per format at Annex-III of Appendix I.

3.5. Short-Listing of Applicants

3.5.1. The credentials of eligible Applicants shall be measured in terms of their Experience
Score. The sum total of the Experience Scores for all Eligible Projects shall be the
‘Aggregate Experience Score’ of a particular Applicant. In case of a Consortium, the
Aggregate Experience Score of each of its Members, who have an equity share of at least
26% in such Consortium, shall be summed up for arriving at the combined Aggregate
Experience Score of the Consortium.

3.5.2. The Applicants shall then be ranked on the basis of their respective Aggregate
Experience Scores and short-listed for submission of Bids. The Authority expects to short-

37
 list upto 6 (six) pre-qualified Applicants for participation in the Bid Stage. The Authority,
however, reserves the right to increase the number of shortlisted pre-qualified Applicants
by adding additional Applicant.

3.5.3. The Authority may, in its discretion, maintain a reserve list of pre-qualified Applicants who
may be invited to substitute the short-listed Applicants in the event of their withdrawal
from the Bid Process or upon their failure to conform to the conditions specified herein;
provided that a substituted Applicant shall be given at least 30 (thirty) days to submit its
Bid.

38
 4. Fraud and Corrupt Practices

4.1. The Applicants and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process. Notwithstanding anything
to the contrary contained herein, the RMC may reject an Application without being liable in
any manner whatsoever to the Applicant if it determines that the Applicant has, directly or
indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice in the Bidding Process.

4.2. Without prejudice to the rights of the RMC under Clause 4.1 hereinabove, if an
Applicant is found by the RMC to have directly or indirectly or through an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice
or restrictive practice during the Bidding Process, such Applicant shall not be eligible to
participate in any tender or RFQ issued by the RMC during a period of 2 (two) years from the
date such Applicant is found by the RMC to have directly or indirectly or through an agent,
engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice, as the case may be.

4.3. For the purposes of this Section 4, the following terms shall have the meaning
hereinafter respectively assigned to them:

a. “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value to influence the actions of any person connected with the Bidding
Process (for avoidance of doubt, offering of employment to, or employing, or engaging in
any manner whatsoever, directly or indirectly, any official of the Authority who is or has
been associated in any manner, directly or indirectly, with the Bidding Process or the LOA
or has dealt with matters concerning the Concession Agreement or arising therefrom,
before or after the execution thereof, at any time prior to the expiry of one year from the
date such official resigns or retires from or otherwise ceases to be in the service of the
Authority, shall be deemed to constitute influencing the actions of a person connected with
the Bidding Process); or (ii) save and except as permitted under sub clause (d) of Clause
2.2.1, engaging in any manner whatsoever, whether during the Bidding Process or after
the issue of the LOA or after the execution of the Concession Agreement, as the case may
be, any person in respect of any matter relating to the Project or the LOA or the
39
 Concession Agreement, who at any time has been or is a legal, financial or technical
adviser of the Authority in relation to any matter concerning the Project;

b. “Fraudulent Practice” means a misrepresentation or omission of facts or suppression of

facts or disclosure of incomplete facts, in order to influence the Bidding Process;

c. “Coercive Practice” means impairing or harming or threatening to impair or harm, directly

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

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

e. “Restrictive Practice” means forming a cartel or arriving at any understanding or

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

40
 5. Pre-Application Conference

5.1. A Pre-Application conference of the interested parties shall be convened at the

designated date, time and place. Only those persons who have purchased the RFQ
document shall be allowed to participate in the Pre-Application conference. Only those
persons who have purchased the RFQ document shall be allowed to participate in the Pre-
Application conference. Applicants who have downloaded the RFQ document from the
Authority’s website (www.ranchimunicipal.com) should submit a Demand Draft of Rs. 10,000
(Rupees ten thousand only) towards the cost of document, through their representative
attending the conference. A maximum of three representatives of each Applicant shall be
allowed to participate on production of RMC letter from the Applicant.

5.2. During the course of Pre-Application conference, the Applicants will be free to seek
clarifications and make suggestions for consideration of the RMC. The RMC shall endeavor
to provide clarifications and such further information as it may, in its sole discretion, consider
appropriate for facilitating a fair, transparent and competitive Bidding Process.

41
 6. Miscellaneous

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

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

a. Suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement the
Bidding Process or modify the dates or other terms and conditions relating thereto;

b. Consult with any Applicant in order to receive clarification or further information;

c. Pre-qualify or not to pre-qualify any Applicant and/ or to consult with any Applicant in
order to receive clarification or further information;

d. Retain any information and/ or evidence submitted to the RMC by, on behalf of, and/ or in
relation to any Applicant; and/ or

e. Independently verify, disqualify, reject and/ or accept any and all submissions or other
information and/ or evidence submitted by or on behalf of any Applicant.

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

42
 APPENDIX I. Letter Comprising the Application for Pre-
Qualification
(Refer Clause 2.13.2)

[On the Letter Head of the Bidder]

Dated: ………….
To,

The Chief Executive Officer,

Ranchi Municipal Corporation
Kutchury Road, RMC – 834001 (Jharkhand)
Phone: 0651-2211215, 2203469
Fax: 0651-2211777

Sub: Application for pre-qualification for Development and Operation and Maintenance of
Multi Specialty Hospital in Doranda, Ranchi.

Dear Sir,

With reference to your RFQ document dated ……………, I/we, having examined the RFQ document
and understood its contents, hereby submit my/our Application for Qualification for the aforesaid
project. The Application is unconditional and unqualified.

2. I/ We acknowledge that Ranchi Municipal Corporation (RMC) will be relying on the information
provided in the Application and the documents accompanying such Application for pre-
qualification of the Applicants for the aforesaid project, and we certify that all information
provided in the Application and in Annexes I to IV is true and correct; nothing has been omitted
which renders such information misleading; and all documents accompanying such Application
are true copies of their respective originals.

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

4. I/ We shall make available to the RMC any additional information it may find necessary or

43
 require to supplement or authenticate the Qualification statement.

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

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

7. I/ We declare that:
a) I/ We have examined and have no reservations to the RFQ document, including any
Addendum issued by the RMC;
b) I/ We do not have any conflict of interest in accordance with Clauses 2.2.1(c) and 2.2.1(d)
of the RFQ document;
c) I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice,
as defined in Clause 4.3 of the RFQ document, in respect of any tender or request for
proposal issued by or any agreement entered into with the RMC or any other public sector
enterprise or any government, Central or State; and
d) I/ We hereby certify that we have taken steps to ensure that in conformity with the
provisions of Section 4 of the RFQ document, no person acting for us or on our behalf has
engaged or will engage in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice.

8. I/ We understand that you may cancel the Bidding Process at any time and that you are neither
bound to accept any Application that you may receive nor to invite the Applicants to Bid for the
Project, without incurring any liability to the Applicants, in accordance with Clause 2.18.6 of the
RFQ document.

9. I/ We believe that we/ our Consortium/ proposed Consortium satisfy(s) the Net Worth criteria
and meet(s) all the requirements as specified in the RFQ document and are/ is qualified to
submit a Bid.

44
10. I/ We declare that we/ any Member of the Consortium, or our/ its Associates are not a Member
of a/ any other Consortium applying for pre-qualification.

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

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

13. I/ We further certify that no investigation by a regulatory authority is pending either against us/
any Member of the Consortium or against our/ their Associates or against our CEO or any of our
directors/ managers/ employees.

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

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

16. The Statement of Legal Capacity as per format provided in Annexure-V in Appendix-I of the
RFQ document, and duly signed, is enclosed. The power of attorney for signing of application
and the power of attorney for Lead Member of consortium, as per format provided at Appendix II
and III respectively of the RFQ, are also enclosed.

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

45
18. I/ We herby confirm that we are in compliance of/ shall comply with the development, operation
and management requirements specified in Clause 3.2

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

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

21. I/ We certify that in terms of the RFQ, my/our Networth is Rs. ……………….. (Rupees in words)
and my/our Average Turnover is Rs. ………………………….. (Rupees in words)

22. {We agree and undertake to be jointly and severally liable for all the obligations of the
Concessionaire under the Concession Agreement till occurrence of Financial Close in
accordance with the Concession Agreement.}3

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

Yours faithfully,

(Signature, name and designation of the Authorised Signatory)

Date: Name and seal of the Applicant/ Lead Member

Place:

3
Omit if the Applicant is not a Consortium
46
 ANNEX - I Details of Applicant
1.
a) Name:
b) Country of incorporation:
c) Address of the corporate headquarters and its branch office(s), if any, in India:
d) Date of incorporation and/ or commencement of business:

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

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

a) Name:

b) Designation:

c) Company:

d) Address:

e) Telephone Number:

f) E-Mail Address:

g) Fax Number:

4. Particulars of the Authorised Signatory of the Applicant:

a) Name:

b) Designation:

c) Address:

d) Phone Number:

e) Fax Number:

5. In case of a Consortium:

47
 a) The information above (1-4) should be provided for all the Members of the Consortium.

b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.2.5(g) should be attached to
the Application.

c) Information regarding the role of each Member should be provided as per table below:

Percentage of equity in the

S. RoIe4 Consortium
Name of Member (Refer Clause (Refer Clauses 2.2.5 (a), (c)
No.
2.2.5(d))
and (g))
1.
2.
3.
4.

d) The following information shall also be provided:

S. No. Criteria Yes No

Has the Applicant/ constituent of the Consortium
been barred by the Central/ State Government, or
1.
any entity controlled by it from participating in any
project (BOT/DBFOT or otherwise)?
If the answer to 1 is yes, does the bar subsist as
2.
on the date of Application?
Has the Applicant/ constituent of the Consortium
paid liquidated damages of more than 5% (five per
cent) of the contract value in a contract due to
3,
delay or has been penalized due to any other
reason in relation to execution of a contract, in the
last three years?

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

4
The role of each Member, as may be determined by the Applicant, should be indicated in accordance with
instruction 4 at Annex-IV.
48
 ANNEX - II Technical Capacity of the Applicant@
(Refer to Clauses 2.2.2(A), 3.2 and 3.3 of the RFQ)

I. Summary of Project Development experience: Developed Eligible Project(s) in Category 1

specified in Clause 3.2.1 having combined strength of not less than 500 beds

Experience
Applicant Member Project Category$
Type# Code* CodeE
Bed Project Cost
(1) (2) (3) (4)
Strength (in Rs. Crore)
(5) (6)
a
Single b
Entity c
Applicant d
Total
1a
1b
Consortium
1c
Member 1
1d
Total
2a
2b
Consortium
2c
Member 2
2d
Total
3a
3b
Consortium
3c
Member 3
3d
Total

49
II. Summary of Project Operation & Management experience: Operated & Managed at least one
Eligible Project in Category 2 projects specified in Clause 3.2.1

Experience
Date/Year of
Applicant Member Project Category $ Commencem
ent of Bed Project
Type #
Code* CodeE No. of Type of
operation Specialty Specialty
strength Cost
and Department Department
management (in Rs.
(1) (2) (3) (4) (if any) (if any)
(5) Crore)
(6) (7) (8) (9)
a
Single b
Entity c
Applicant d
Total
1a
1b
Consortium
1c
Member 1
1d
Total
2a
2b
Consortium
2c
Member 2
2d
Total
3a
3b
Consortium
3c
Member 3
3d
Total

50
Notes for Annex II:

• @ : Provide details of only those projects that have been undertaken by the Applicant under its
own name and/ or by an Associate specified in Clause 2.2.8 and/ or by a project company
eligible under Clauses 3.2.3(c) and 3.2.4(c)

• # : An Applicant consisting of a single entity should fill in details as per the row titled Single
entity Applicant and ignore the rows titled Consortium Member. In case of a Consortium, the
row titled Single entity Applicant may be ignored. In case credit is claimed for an Associate,
necessary evidence to establish the relationship of the Applicant with such Associate, in terms
of Clause 2.2.8, shall be provided.

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

• E : For a single entity Applicant, the Project Codes would be a, b, c, d etc. In case the Applicant
is a Consortium then for Member 1, the Project Codes would be 1a, 1b, 1c, 1d etc., for Member
2 the Project Codes shall be 2a, 2b, 2c, 2d etc., and so on. Same codes shall be used in
Annex-IV of this Appendix-I. Add more rows if necessary.

• $ : Refer Clause 3.2.1.

• Attach documentary evidence in the form of agreements/contracts/work order/client certificate,

published data in support of above asked technical capacity.

• Kindly note that the above summary statements should also be certified by the Statutory
Auditors of the Applicant. For claiming experience of Projects provide a certificate from its
statutory auditor/chartered accountant in the format below:

51
 (DRAFT) Certificate from the Statutory Auditor/Chartered Accountants
regarding hospital projects

Based on its books of accounts and other published information authenticated by it,
this is to certify that …………………….. (name of the Applicant/ member of the
Consortium) has developed the hospitals listed above.

We further certify that the total combined bed strength of the hospitals is ……….,

We further certify that the………………. ((Name of the Applicant/ Member of the

consortium) has been operating and managing ………. bedded hospital for a
continuous period of five years preceding the date of submission of application
fulfilling the eligibility criteria in terms of clause 3.2 (A) of the RFQ.

Signature, name and designation of the authorised signatory

Place:

Date:

52
 ANNEX - III Financial Capacity of the Applicant
(Refer to Clauses 2.2.2(B), 2.2.3 (ii), 2.2.3(iii) and 3.4 of the RFQ)

(In Rs. crore)

Applicant Member Net Worth Annual Turnover Average Turnover

Type$ Code* Year 1
Year 1 Year 2 Year 3
(7)
(1) (2) (3) (4) (5) (6)

Single entity
applicant

Consortium
member 1

Consortium
member 2

Consortium
member 3

Total

Name and address of Applicant’s Bankers:

(to be mentioned here)

53
Notes for Annex III:

• $ : An Applicant consisting of a single entity should fill in details as per the row titled Single
entity Applicant and ignore the rows titled Consortium Members. In case of a Consortium, row
titled Single entity Applicant may be ignored.

• * : Member Code shall indicate NA for Not Applicable in case of a single entity Applicant. For
other Members, the following abbreviations are suggested viz. LM means Lead Member, TM
means Technical Member, FM means Financial Member, OMM means Operation &
Maintenance Member; and OM means Other Member. In case the Eligible Project relates to an
Associate of the Applicant or its Member, write “Associate” along with Member Code.
• The Applicant should provide details of its own Financial Capacity or of an Associate specified
in Clause 2.2.8.

Instructions:

1. The Applicant/ its constituent Consortium Members shall attach copies of the balance sheets,
financial statements and Annual Reports for 3 (three) years preceding the Application Due
Date. The financial statements shall:
a. Reflect the financial situation of the Applicant or Consortium Members and its/ their
Associates where the Applicant is relying on its Associate’s financials;
b. Be audited by a statutory auditor;
c. Be complete, including all notes to the financial statements; and
d. Correspond to accounting periods already completed and audited (no statements for
partial periods shall be requested or accepted).

2. Net Worth shall mean (Subscribed and Paid-up Equity + Reserves) less (Revaluation reserves
+ miscellaneous expenditure not written off + reserves not available for distribution to equity
shareholders).

3. Average Turnover shall mean the sum of Revenue earned by the Applicant from core
business operations (excluding Other Income) in preceding three financial years.

4. Year 1 will be the latest completed financial year, preceding the bidding. Year 2 shall be the
year immediately preceding Year 1 and so on. In case the Application Due Date falls within 3
(three) months of the close of the latest financial year, refer to Clause 2.2.11.

54
5. The Applicant shall provide an Auditor’s Certificate /Chartered Accountant certificate specifying
the net worth and Average turnover of the Applicant and also specifying the methodology
adopted for calculating such net worth and Average turnover in accordance with Clause 2.2.3
(ii) and 2.2.3 (iii) of the RFQ document. For claiming experience of Projects provide a certificate
from its statutory auditor/chartered accountant in the format below:

Certificate from the Statutory Auditor

This is to certify that ....................(name of the Applicant) has a Net Worth and Annual
turnover as shown above.

Name of Authorized Signatory:

Designation:
Name of firm:

(Signature of the Authorized Signatory)

Seal of the Firm

55
 ANNEX - IV Details of Eligible Projects
(Refer to Clauses 2.2.2(A), 3.2 and 3.3 of the RFQ)

Project Code: ……………….. Member Code: ……………….

Refer
Item Particulars of the Project
Instruction
(1) (3)
(2)

Title & Name of the Project

Category
5
Type of Hospital

Total No. of Beds

No. of Specialty Department (if any)

Type of Specialty Department (if any)

Entity for which the project was

Developed/Operated & Managed 6

Location/ Address of the Eligible

Project

Project Cost
7
Date/Year of Commencement of
project/Contract

Equity Shareholdings (with period

during which equity was held) 8

Whether credit is being taken for the

Eligible Experience of an Associate
13
(Yes/No)

Current Status of the Project

(Signature of Authorized Signatory)

(NAME, TITLE AND ADDRESS)

56
Instructions:

1. Applicants are expected to provide information in respect of each Eligible Projects in this
Annex. The projects cited must comply with the eligibility criteria specified in Clause 2.2.2
and Clause 3.2 of the RFQ. Information provided in this section is intended to serve as a
back-up for information provided in the Application. Applicants should also refer to the
Instructions below.

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

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

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

5. Refer to Clause 3.2.1 of the RFQ for category number.

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

7. Provide the estimated capital cost of Eligible Project.

8. For Categories 1 and 2, the equity shareholding of the Applicant, in the company owning the
Eligible Project, held continuously during the period for which Eligible Experience is claimed,
needs to be given (Refer Clause 3.2.3 & Clause 3.2.4).

57
9. Experience for any activity relating to an Eligible Project shall not be claimed by two or more
Members of the Consortium. In other words, no double counting by a consortium in respect of
the same experience shall be permitted in any manner whatsoever.

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

11. For claiming experience under Categories 1(refer Clause 3.2.1.), the Applicant should
provide a certificate from its statutory auditor in the format given below: (Note: Provide
Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary.
Statutory auditor means the entity that audits and certifies the annual accounts of the
company.)

Certificate from the Statutory Auditor regarding Eligible Project Developed

Based on its books of accounts and other published information authenticated by it, this is
to certify that ………………. (name of the Applicant/Member/Associate) is/ was an equity
shareholder in ……………….. (title of the project company) and holds/ held Rs. ……… cr.
(Rupees ……………. crore) of equity (which constitutes ……% of the total paid up and
subscribed equity capital) of the project company from …………... (date) to …………
(date). The project was/is likely to be commissioned on ……………. (date of
commissioning of the project). We further certify that the total estimated capital cost of the
project is Rs. ……… cr. (Rupees …………………crore)

We also certify that the eligible number of beds of the aforesaid project in terms of
Clauses 2.2.2, 3.2.1 and 3.2.3 of the RFQ were ……… beds.

Name of the audit firm:

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

Note: In case the project is owned by the Applicant company, this language may be
suitably modified to read: “It is certified that …………….. (name of Applicant) constructed
and/ or owned the ………….. (name of project) from ……………….. (date) to
………………… (date).”

58
12. If the Applicant is claiming experience under Category 2 (refer Clause 3.2.1.), it should
provide a certificate from its statutory auditors or the client in the format below:
Certificate from the Statutory Auditor/ Client regarding Operation and management
Work

Based on its books of accounts and other published information authenticated by it, {this
is to certify that …………………….. (name of the Applicant/Member/Associate) was
engaged by ……………….. (title of the project company) to execute ……………… (name
of project) for …………………. (nature of project). The operation & management of the
project commenced on ………….. (date) for a period of ……..years ending ………( date).
The total number of beds managed is …… beds

Name of the audit firm:

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

Date:

13. In the event that credit is being taken for the Eligible Experience of an Associate, as defined
in Clause 2.2.8, the Applicant should also provide a certificate in the format below:
Certificate from Statutory Auditor/ Company Secretary regarding Associate$

Based on the authenticated record of the Company, this is to certify that more than 50%
(fifty per cent) of the subscribed and paid up voting equity of ……………(name of the
£
associate) is held, directly or indirectly , by ……………. (name of Applicant/ Consortium

Member). By virtue of the aforesaid share-holding, the latter exercises control over the
former, who is an Associate in terms of Clause 2.2.8 of the RFQ.
A brief description of the said equity held, directly or indirectly, is given below:
{Describe the share-holding of the Applicant/ Consortium Member in the Associate}

Name of the audit firm:

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

Note:
$: In the event that the Applicant/ Consortium Member exercises control over an Associate by operation of law,
this certificate may be suitably modified and copies of the relevant law may be enclosed and referred to.
£: In the case of indirect share-holding, the intervening companies in the chain of ownership should also be
Associates i.e., the share-holding in each such company should be more than 50% in order to establish that the
chain of “control” is not broken.

59
14. It may be noted that in the absence of any detail in the above certificates, the information
would be considered inadequate and could lead to exclusion of the relevant project in
computation of Experience Score (Refer Clause 3.2.6).

60
 ANNEX - V Statement of Legal Capacity
(To be forwarded on the letterhead of the Applicant/ Lead Member of Consortium)

Ref. Date:

To,
Chief Executive Officer
Ranchi Municipal Corporation
Ranchi, Jharkhand

Dear Sir,

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

We have agreed that …………………… (insert member’s name) will act as the Lead Member of our
consortium.5

We have agreed that ………………….. (insert individual’s name) will act as our representative/ will
act as the representative of the consortium on its behalf* and has been duly authorized to submit
the RFQ. Further, the authorised signatory is vested with requisite powers to furnish such letter and
authenticate the same.

Thanking you

Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

5
Please strike out whichever is not applicable.
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 APPENDIX II. Power of Attorney for Signing of Application
(Refer Clause 2.2.5)

(On a Stamp Paper of appropriate value)

Know all men by these presents, We…………………………………………….. (name of the firm and
address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize
Mr./Ms. (name), …………………… son/daughter/wife of ……………………………… and presently
residing at …………………., who is presently employed with us/ the Lead Member of our
Consortium and holding the position of ……………………………. , as our true and lawful attorney
(hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds
and things as are necessary or required in connection with or incidental to submission of our
application for pre-qualification and submission of our bid for the development and operation and
maintenance of Multi-Specialty Hospital at Ghagra in Ranchi proposed by the Ranchi Municipal
Corporation (the “Authority”) including but not limited to signing and submission of all applications,
bids and other documents and writings, participate in Pre- Applications and other conferences and
providing information/ responses to the Authority, representing us in all matters before the Authority,
signing and execution of all contracts including the Concession Agreement and undertakings
consequent to acceptance of our bid, and generally dealing with the Authority in all matters in
connection with or relating to or arising out of our bid for the said Project and/ or upon award thereof
to us and/or till the entering into of the Concession Agreement with the Authority.

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

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

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

For
………………………..
(Signature, name, designation and address)

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Witnesses:

1.

2. (Notarised)

Accepted
……………………………
(Signature)
(Name, Title and Address of the Attorney)

Notes:

• The mode of execution of the Power of Attorney should be in accordance with the procedure,
if any, laid down by the applicable law and the charter documents of the executant(s) and
when it is so required, the same should be under common seal affixed in accordance with the
required procedure.
• Wherever required, the Applicant should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Applicant.

• For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney
is being issued. However, the Power of Attorney provided by Applicants from countries that
have signed the Hague Legislation Convention 1961 are not required to be legalised by the
Indian Embassy if it carries a conforming Appostille certificate.

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 APPENDIX III. Power of Attorney for Lead Member of
Consortium
(Refer Clause 2.2.5)

Whereas the Ranchi Municipal Corporation (the “Authority”) has invited applications from interested
parties for the development and operation and maintenance of Multi-Specialty Hospital at Ranchi”
Project (the “Project”).

Whereas, …………………….., …………………….. and …………………….. (collectively the

“Consortium”) being Members of the Consortium are interested in bidding for the Project in
accordance with the terms and conditions of the Request for Qualification document (RFQ),
Request for Proposal (RFP) and other connected documents in respect of the Project, and

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

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS

We, …………………. having our registered office at …………………….., M/s. ……………………

having our registered office at …………………….., and M/s. ……………………..having our
registered office at …………………….., (hereinafter collectively referred to as the “Principals”) do
hereby irrevocably designate, nominate, constitute, appoint and authorise M/s. ……………………..
having its registered office at …………………….., being one of the Members of the Consortium, as
the Lead Member and true and lawful attorney of the Consortium (hereinafter referred to as the
“Attorney”). We hereby irrevocably authorize the Attorney (with power to sub-delegate) to conduct
all business for and on behalf of the Consortium and any one of us during the bidding process and,
in the event the Consortium is awarded the concession/contract, during the execution of the Project
and in this regard, to do on our behalf and on behalf of the Consortium, all or any of such acts,
deeds or things as are necessary or required or incidental to the pre-qualification of the Consortium
and submission of its bid for the Project, including but not limited to signing and submission of all
applications, bids and other documents and writings, participate in bidders and other conferences,

64
respond to queries, submit information/ documents, sign and execute contracts and undertakings
consequent to acceptance of the bid of the Consortium and generally to represent the Consortium
in all its dealings with the Authority, and/ or any other Government Agency or any person, in all
matters in connection with or relating to or arising out of the Consortium’s bid for the Project and/ or
upon award thereof till the Concession Agreement is entered into with the Authority.

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

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS

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

For……………..…………………..

(Signature)
……………………………………
(Name and Title)

For …………….…………………..

(Signature)
……………………………………
(Name and Title)

For ………………………………..

(Signature)
………………………………….
(Name and Title)

Witnesses:

1.

2.

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

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Notes:

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

• Also, wherever required, the Applicant should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Applicant.

• For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney
is being issued. However, the Power of Attorney provided by Applicants from countries that
have signed the Hague Legislation Convention 1961 are not required to be legalised by the
Indian Embassy if it carries a conforming Appostille certificate.

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 APPENDIX IV. Joint Bidding Agreement
(Refer Clause 2.13.2)

(To be executed on Stamp paper of appropriate value)

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

AMONGST

1. {………… Limited, a company incorporated under the Companies Act, 1956} and having its
registered office at ………… (hereinafter referred to as the “First Part” which expression
shall, unless repugnant to the context include its successors and permitted assigns)

AND

2. {………… Limited, a company incorporated under the Companies Act, 1956} and having its
registered office at ………… (hereinafter referred to as the “Second Part” which expression
shall, unless repugnant to the context include its successors and permitted assigns)

AND

3. {………… Limited, a company incorporated under the Companies Act, 1956 and having its
registered office at ………… (hereinafter referred to as the “Third Part” which expression
shall, unless repugnant to the context include its successors and permitted assigns)}

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

WHEREAS

A. Ranchi Municipal Corporation, Govt. of Jharkhand (hereinafter referred to as the “Authority”

which expression shall, unless repugnant to the context or meaning thereof, include its
administrators, successors and assigns) has invited applications (the Applications”) by its
Request for Qualification No. ………… dated …………(the “RFQ”) for pre-qualification and

67
 short-listing of bidders for development, operation and maintenance of the Multi-Specialty
Hospital at Doranda, Ranchi Project (the “Project”) through Public Private Partnership.

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

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

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

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

2. Consortium
2.1. The Parties do hereby irrevocably constitute a consortium (the “Consortium”) for the
purposes of jointly participating in the Bidding Process for the Project.
2.2. The Parties hereby undertake to participate in the Bidding Process only through this
Consortium and not individually and/ or through any other consortium constituted for this
Project, either directly or indirectly or through any of their Associates.

3. Covenants
The Parties hereby undertake that in the event the Consortium is declared the selected Bidder
and awarded the Project, it shall incorporate a special purpose vehicle (the “SPV”) under the
Indian Companies Act, 1956 for entering into a Concession Agreement with the Authority and for
performing all its obligations as the Concessionaire in terms of the Concession Agreement for
the Project.

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described below:
4.1. Party of the First Part shall be the Lead member of the Consortium and shall have the power
of attorney from all Parties for conducting all business for and on behalf of the Consortium
during the Bidding Process and until the Appointed Date under the Concession Agreement
when all the obligations of the SPV shall become effective;

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 4.2. Party of the Second Part shall be -__________
4.3. Party of the Third Part shall be __________.

5. Joint and Several Liability

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

6. Shareholding in the SPV

6.1. The Parties agree that the proportion of shareholding among the Parties in the SPV shall be
as follows:
First Party:
Second Party:
Third Party:
6.2. The Parties undertake that a minimum of 26% (twenty six per cent) of the subscribed and
paid up equity share capital of the SPV shall, at all times till the fifth anniversary of the date
of commercial operation of the Project, be held by the Parties of the First, {Second and
Third} Part whose experience and networth have been reckoned for the purposes of
qualification and short-listing of Applicants for the Project in terms of the RFQ.
6.3. The Parties undertake that each of the Parties specified in Clause 6.2 above shall, at all
times between the commercial operation date of the Project and the fifth anniversary thereof,
hold subscribed and paid up equity share capital of SPV equivalent to at least 5% (five per
cent) of the Total Project Cost.
6.4. The Parties undertake that they shall collectively hold at least 51% (fifty one per cent) of the
subscribed and paid up equity share capital of the SPV at all times until the fifth anniversary
of the commercial operation date of the Project.
6.5. The Parties undertake that they shall comply with all equity lock-in requirements set forth in
the Concession Agreement.

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 organized, validly existing and in good standing under the laws of its
incorporation and has all requisite power and authority to enter into this Agreement;

69
 b) The execution, delivery and performance by such Party of this Agreement has been
authorized by all necessary and appropriate corporate or governmental action and a copy of
the extract of the charter documents and board resolution/ power of attorney in favour of the
person executing this Agreement for the delegation of power and authority to execute this
Agreement on behalf of the Consortium Member is annexed to this Agreement, and will not,
to the best of its knowledge:
i. require any consent or approval not already obtained;
ii. violate any Applicable Law presently in effect and having applicability to it;
iii. violate the memorandum and articles of association, by-laws or other applicable
organisational documents thereof;
iv. violate any clearance, permit, concession, grant, license or other governmental
authorisation, approval, judgement, order or decree or any mortgage agreement,
indenture or any other instrument to which such Party is a party or by which such Party
or any of its properties or assets are bound or that is otherwise applicable to such Party;
or
v. create or impose any liens, mortgages, pledges, claims, security interests, charges or
Encumbrances or obligations to create a lien, charge, pledge, security interest,
encumbrances or mortgage in or on the property of such Party, except for
encumbrances that would not, individually or in the aggregate, have a material adverse
effect on the financial condition or prospects or business of such Party so as to prevent
such Party from fulfilling its obligations under this Agreement;
c) this Agreement is the legal and binding obligation of such Party, enforceable in accordance
with its terms against it; and
d) there is no litigation pending or, to the best of such Party’s knowledge, threatened to which it
or any of its Affiliates is a party that presently affects or which would have a material adverse
effect on the financial condition or prospects or business of such Party in the fulfillment of its
obligations under this Agreement.

8. Termination
This Agreement shall be effective from the date hereof and shall continue in full force and effect
until the Financial Close of the Project is achieved under and in accordance with the Concession
Agreement, in case the Project is awarded to the Consortium. However, in case the Consortium
is either not pre-qualified for the Project or does not get selected for award of the Project, the

70
 Agreement will stand terminated in case the Applicant is not pre-qualified or upon return of the
Bid Security by the Authority to the Bidder, as the case may be.

9. Miscellaneous
9.1. This Joint Bidding Agreement shall be governed by laws of India.
9.2. The Parties acknowledge and accept that this Agreement shall not be amended by the
Parties without the prior written consent of the Authority.

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

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of For and on behalf of
LEAD MEMBER by: SECOND PART by:
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)

SIGNED, SEALED AND DELIVERED

For and on behalf of
THIRD PART by:
(Signature)
(Name)
(Designation)
(Address)

In the presence of:

1. 2.

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Notes:

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

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 APPENDIX V. Guidelines of the Department of
Disinvestment
(Refer Clause1.2.1)
No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi.
Dated: 13th July, 2001.

OFFICE MEMORANDUM

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

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

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

73
 The decision in regard to the relationship between the sister concerns would be taken,
based on the relevant facts and after examining whether the two concerns are substantially
controlled by the same person/ persons.
c) In both (a) and (b), disqualification shall continue for a period that Government deems
appropriate.
d) Any entity, which is disqualified from participating in the disinvestment process, would not be
allowed to remain associated with it or get associated merely because it has preferred an
appeal against the order based on which it has been disqualified. The mere pendency of
appeal will have no effect on the disqualification.
e) The disqualification criteria would come into effect immediately and would apply to all
bidders for various disinvestment transactions, which have not been completed as yet.
f) Before disqualifying a concern, a Show Cause Notice why it should not be disqualified would
be issued to it and it would be given an opportunity to explain its position.
g) Henceforth, these criteria will be prescribed in the advertisements seeking Expression of
Interest (EOI) from the interested parties. The interested parties would be required to
provide the information on the above criteria, along with their Expressions of Interest (EOI).
The bidders shall be required to provide with their EOI an undertaking to the effect that no
investigation by a regulatory authority is pending against them. In case any investigation is
pending against the concern or its sister concern or against its CEO or any of its Directors/
Managers/ employees, full details of such investigation including the name of the
investigating agency, the charge/ offence for which the investigation has been launched,
name and designation of persons against whom the investigation has been launched and
other relevant information should be disclosed, to the satisfaction of the Government. For
other criteria also, a similar undertaking shall be obtained along with EOI.

sd/-
(A.K. Tewari)
Under Secretary to the Government of India

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