Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and

Transfer (DBFOT) basis

Request for Proposal (RFP)for

Development, Operation and Maintenance of BRO Café in the

Rajasthan State through PPP mode on Design, Build, Finance,
Operate and Transfer (DBFOT) Basis in Rajasthan State

Dated: Jan 2022

ISSUED BY:

CHIEF ENGINEER PROJECT CHETAK

VILLAGE BICHHWAL

BIKANER

RAJASTHAN 334006
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

e-Tender notice for Development, Operation and Maintenance of BRO Cafe located in
Rajasthan State through PPP mode on Design, Build, Finance, Operate and Transfer
(DBFOT) basis.

Chief Engineer Project Chetak invites proposals from interested Bidder(s) to submit their
Bids for Development, Operation and Maintenance of BRO Cafe located in Rajasthan
State through PPP mode on Design, Build, Finance, Operate and Transfer (DBFOT)
basis.

The detailed request for proposal (RFP) and Draft Concession Agreement (DCA) are
available on the online on e-tendering portal [Link] and BRO Website
[Link]. The bidder(s) can submit their bid(s) online on the above mentioned e-
tendering portal as per the dates mentioned under schedule of RFP process (clause
1.3). BRO reserves the right to accept/reject any/all the bid(s) without assigning any
reason whatsoever.

CHIEF ENGINEER

PROJECT CHETAK

VILLAGE BICHHWAL

BIKANER

RAJASTHAN 334006
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
Table of Contents

CLAUSE NO. DESCRIPTION PAGE

NO.
DISCLAIMER 4
GLOSSARY 6
NOTICE INVITING BIDS 7
1. INTRODUCTION 9
1.1 BACKGROUND 9
1.2 BRIEF DESCRIPTION OF THE BIDDING 1
PROCESS 2
1.3 SCHEDULE OF REQUEST FOR PROPOSAL 1
(RFP) 3
PROCESS
2. INSTUCTIONS TO BIDDERS 1
4
2.1 GENERAL TERMS OF BIDDING 1
5
2.2 ELIGIBILITY OF BIDDERS 1
5
2.3 CHANGE OF OWNERSHIP 2
2
2.4 NUMBER OF BIDS AND COSTS THEREOF 2
3
2.5 SITE VISIT AND VERIFICATION OF 2
INFORMATION 3
2.6 ACKNOWLEDGEMENT BY BIDDER 2
3
2.7 RIGHT TO ACCEPT OR REJECT ANY OR ALL 2
BID/ BIDS 4
2.8 CONTENTS OF THE RFP 2
5
2.9 CLARIFICATIONS 2
5
2.10 AMENDMENT OF RFP 2
6
2.11 LANGUAGE 2
7
2.12 FORMAT & SIGNING OF BID 2
7
2.13 BID DUE DATE 2
7
2.14 LATE BIDS 2
7
2.15 MODIFICATION/ SUBSTITUTION/WITHDRAWAL 2
OF BIDS 7
2.16 SUBMISSION OF BID 2
8
2.17 OPENING AND EVALUATION OF BIDS 2
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
8
2.18 CONFIDENTIALITY 2
9
2.19 TESTS OF RESPONSIVENESS 2
9
2.20 CLARIFICATIONS FROM BIDDERS 3
0
2.21 PROPRIETARY DATA 3
0
2.22 CORRESPONDENCE WITH BIDDER 3
0
3. CRITERIA FOR EVALUATION OF BIDS 3
1
3.1 EVALUATION PARAMETERS 3
1
3.2 DETAILS OF EXPERIENCE 3
1
3.3 FINANCIAL INFORMATION FOR PURPOSES OF 3
EVALUATION 1
3.4 SHORT LISTING OF BIDDERS 3
1
3.5 SELECTION OF BIDDER 32
3.6 AWARD OF THE PROJECT 33
3.7 CONTACTS DURING BID EVALUATION 33
3.8 DISPUTE RESOLUTION 33
4. FRAUD & CORRUPT PRACTICES 35
5. PRE-BID CONFERENCE 37
6. MISCELLANEOUS 38
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
CHECKLIST OF SUBMISSIONS 39
APPENDIX
ES
APPENDIX I LETTER COMPRISING THE BID 40
ANNEXURE I: DETAILS OF BIDDER 43
ANNEXURE II: TECHNICAL CAPACITY OF 45
BIDDER
ANNEXURE III. FINANCIAL CAPACITY OF 47
BIDDER
ANNEXURE IV: STATEMENT OF LEGAL 49
CAPACITY
APPENDIX II BANK GURANTEE FOR BID SECURITY 47
APPENDIX III FORMAT FOR POWER OF ATTORNEY FOR 53
SIGNING OF BID
APPENDIX IV FORMAT FOR POWER OF ATTORNEY 55
FOR LEAD MEMBER OF CONSORTIUM
APPENDIX V JOINT BIDDING AGREEMENT FOR 57
CONSORTIUM
APPENDIX VI GUIDELINES OF THE DEPARTMENT OF 63
DISINVESTMENT
APPENDIX SELF-UNDERTAKING 65
VII
APPENDIX SELF EVALUATION PERFORMA 66
VIII
APPENDIX FINANCIAL PROPOSAL – Covering Letter 68
IX (A)
APPENDIX FINANCIAL PROPOSAL 69
IX (B)
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

DISCLAIMER

1. The information contained in this Request for Proposal document (the

“RFP”) or subsequently provided to Bidder(s), whether verbally or in
documentary or any other form, by the CHIEF ENGINEER PROJECT
CHETAK (the “CE”) (the “Authority”) or any of its employees or advisors, is
provided to Bidder(s) on the terms and conditions set out in this RFP and
such other terms and conditions subject to which such information is
provided.

2. This RFP is not an agreement and is neither an offer nor invitation by the
Authority to the prospective Bidders or any other person. The purpose of
this RFP is to provide interested parties with information that may be
useful to them in the formulation of their Bid for qualification pursuant to
this RFP. This RFP includes statements, which reflect various
assumptions and assessments arrived at by the Authority in relation to the
Project. Such assumptions, assessments and statements do not purport to
contain all the information that each Bidder may require.

3. This RFP may not be appropriate for all persons, and it is not possible for
the Authority, its employees or advisors to consider the investment
objectives, financial situation and particular needs of each party who reads
or uses this RFP. The assumptions, assessments, statements and
information contained in this RFP may not be complete, accurate, adequate
or correct. Each Bidder should therefore, conduct its own investigations
and analysis and should check the accuracy, adequacy, correctness,
reliability and completeness of the assumptions, assessments,
statements and information contained in this RFP and obtain independent
advice from appropriate sources.

4. Information provided in this RFP to the Bidder(s) is on a wide range of

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

5. The Authority, its employees and advisors make no representation or

warranty and shall have no liability to any person, including any Bidder ,
under any law, statute, rules or regulations or tort, principles of restitution
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
or unjust enrichment or otherwise for any loss, damages, cost or expense
which may arise from or be incurred or suffered on account of anything
contained in this RFP or otherwise, including the accuracy, adequacy,
correctness, completeness or reliability of the RFP and any assessment,
assumption, statement or information contained therein or deemed to form
part of this RFP or arising in any way with qualification of Bidders for
participation in the Bidding Process. The Authority also accepts no liability of
any nature whether resulting from negligence or otherwise howsoever
caused arising from reliance of any Bidder upon the statements contained
in this RFP.

6. The prospective Bidders are hereby informed that BRO Café are going to
in Rajasthan State The Project envisages Design, Built, Finance, Operate
and Transfer of the said unit, details of which have been mentioned in this
RFP.

7. The Authority may, in its absolute discretion but without being under any
obligation to do so, update, amend or supplement the information,
assessment or assumptions contained in this RFP.

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

9. The Bidder shall bear all its costs associated with or relating to the
preparation and submission of its Bid including but not limited to
preparation, copying, postage, delivery fees, expenses associated with
any demonstrations or presentations which may be required by the
Authority or any other costs incurred in connection with or relating to its Bid.
All such costs and expenses will remain with the Bidder and the Authority
shall not be liable in any manner whatsoever for the same or for any other
costs or other expenses incurred by a Bidder in preparation for submission
of the Bid, regardless of the conduct or outcome of the Bidding Process.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
GLOSSARY
Associate As defined in Clause 2.2.7

Authority As defined in Disclaimer

Bid Due Date As defined in Clause 1.1.4

Bid Validity Period As defined in Clause 1.2.5

Bidding Documents As defined in Clause 1.1.6

Bidding Process As defined in Clause 1.2.1

Conflict of Interest As defined in Clause 2.2

Consortium As defined in Clause 2.2.4

Estimated Project Cost As defined in Clause 1.1.1

Financial Capacity As defined in Clause 2.2.1

Joint Bidding Agreement As defined in Clause 2.2.4

Lead Member As defined in Clause 2.2.4

LoA Letter of Award

Member Member of a Consortium

Net Worth As defined in Clause 2.2.1

PPP Public Private Partnership

Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

DGBR DIRECTOR GENERAL

BORDER ROADS

Project As defined in Clause 1.1.1

Rs. or INR Indian Rupee

RFP As defined in the Disclaimer

SPV As defined in Clause 2.2.4

Technical Capacity As defined in Clause 2.2.1

 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

Chief Engineer Project Chetak (CE, the Authority) invites proposals Bids from interested
entities (the “Bidders”, as the context may require) to submit their Bids for Development,
Operation and Maintenance of BRO Cafe (the Project) located in Rajasthan State through
PPP Mode on Design, Build, Finance, Operate and Transfer (DBFOT) basis.

i. The proposed project site is located at various location in Rajasthan State and the
proposal locations are listed in the document. The Suggested layout of BRO cafe is
enclosed.

ii. Bidders are encouraged to submit their bids after visiting the project site and
aquiant themselves with the Project and its details.

iii. The authority is now desirous of selecting Bidder (the “Selected Bidder”) through
competitive bidding process in accordance with the procedure set out herein under this
RFP who shall develop, operate and maintain the project for a p e- determined.
Concession period as mentioned in this RFP, through a Special purpose Vehicle (SPV)
incorporated under the Companies Act, 2013.

.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

iv. The Concessionaire shall be responsible for Designing, constructing,

Financing, Operating and maintaining the project in pursuance of the terms
and conditions of the Concession Agreement.

v. The Bidder may be an individual entity or a consortium of entities not

exceeding 3 (three) in number.

vi. Complete Bidding Document comprising of the Request for Proposal

Document (including ITB), draft Concession Agreement and Schedules to
Draft Concession Agreement can be downloaded from e-procurement
website i.e. [Link] (the “Online Portal”) after completing
the required user registration process and making an online payment of Rs.
______/ - (Rupees _________ Only), as the cost of Bidding Documents
through online payment gateway on the Online Portal.

vii. The Bids must be submitted online at [Link] the

manner as set out in the RFP.

CHIEF ENGINEER PROJECT CHETAK

VILLAGE BICHHWAL
BIKANER
RAJASTHAN 334006

Viii In case Bidders require any further information about the Project or
need access to any other documents related to the Project, as available with
the Authority or wish to visit the Project Site, they are requested to contact the
following persons at the addresses given below but the cost of the visit shall
be borne by the Bidders :

The Bid shall be prepared in English language and all entries must be
typed/written in blue/ black ink. Initials of the Authorized Representative
of the Bidder must attest all deletions and alterations made while
preparation of the Bid.

ix. The Authority shall not be responsible for any costs or expenses or
liabilities incurred by the Bidders in connection with the preparation and
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
delivery of Bids, including costs and expenses related to the visits to the
Project Site. The Authority reserves the rights to cancel, terminate, change
or modify this procurement process and/or requirements of bidding stated in
the RFP, at any time without assigning any reason or providing any notice
and without accepting any liability for the same.

x. The Bids received in response to this invitation/ RFP shall be

evaluated based on the Eligibility Criteria specified in this RFP document.

1. INTRODUCTION

Background

The Chief Engineer Project Chetak (herein after referred to as

“Authority”) is the department under Govt Of India construction
roads and bridges etc in Rajasthan State. The Authority is
planning to develop BRO Café in Rajasthan state at various
locations. The Authority has decided to invite Bids for selection of
prospective Bidder who shall undertake the Development,
Operation and Maintenance of the project through Public Private
Partnership (the “PPP”) mode on Design, Build, Finance, Operate
and Transfer (DBFOT) basis. The brief particulars of the Project
are:

Name of Total Estimated Concessio PPP Model

the Area Total Project n Period
Project (sqm) Cost
Development, INR ___Lakh 30 years Design,
Operation and Build,
Maintenance Finance,
Of BRO Cafe Operate
and
through PPP Transfer
mode on (DBFOT)
DBFOT basis

The Authority intends to select an eligible Bidder, as the Selected

Bidder for awarding the Project through an open competitive bidding
process in accordance with the procedure set forth herein.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
1.1.2 The scope of work will broadly include the Development, Operation
and Maintenance of the project as per terms and conditions laid down
in the Concession Agreement.

a) Taking over of the Project Site on “as is where is basis” and

plan, design, finance (100%) and construct/establish the
facility, including development & completion, marketing,
providing relevant assets, equipment, faculty, obtaining
clearances/approvals, providing ancillary services and
amenities related to the project conforming to local Building
Bye-Laws and Regulations and as per terms of the
Concession Agreement and Schedules hereof.
b) Design, Development and Completion of the project as per the
concept and plan approved by the Committee constituted by
the Authority and in conformity with the standards set forth in
this RFP and the Concession Agreement including, providing
installation of all internal and external services.
c) Operation and Maintenance of the project for a pre-
determined Concession Period as per the terms and
conditions specified in this RFP and the Concession
Agreement
d) Meeting the requirements and norms laid down by the
competent authorities regarding development, completion,
operation and maintenance of the BRO Cafe, if any.
e) Provision of equipment/machinery for the successful
operations of the facility and running of café to the
satisfaction of the Authority.

 The Authority shall be entitled to the annual lease rent(to be paid in

two equal installments in advance) quoted by the bidder in this bid
irrespective of the extent of the use of facility by the bidder for the
designated purpose. Even if the bidder fails to generate sufficient
revenue (gross sale, equal to or more than Annual Lease Rent) from
the facility by operation for the approved purpose, he shall have to
pay full lease rent without any reduction for any reason whatsoever.

 The facility shall be deemed to be fully functional from the next day when
the committee approves it for functioning.
 The SOP shall be issued by the Committee including the rates of the
items to be sold by the Concessionaire through the facility.
 The entire business model for operations including procurement and
marketing shall be the responsibility of the Private Player /Concessionaire.
Any support required for successful operation of the project can be
mutually discussed during the operational phase between the Authority
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
and the Private Player

1.1.3 The Selected Bidder [single entity or consortium of entities], shall be

required to incorporate an SPV under the provisions of Companies
Act, 2013 (the “Concessionaire”) prior to execution of the
Concession Agreement. The Concessionaire along with the
Selected Bidder shall be jointly responsible for development,
completion, operation and maintenance of the Project under and in
accordance with the provisions of the Concession Agreement (the
“Concession Agreement”) to be entered into between the
Concessionaire and the Authority [Selected Bidder shall execute the
same as confirming party] in the form provided by the Authority as
part of the Bidding Documents.

1.1.4 The Authority shall receive Bids pursuant to this RFP in accordance
with the terms set forth herein as modified, altered, amended and
clarified from time to time by the Authority, and all Bids shall be
prepared and submitted in accordance with such terms on or before
the due date specified in Clause 1.3 for submission of Bids (the “Bid
Due Date”).

1.1.5 The statements and explanations contained in this RFP are

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

1.1.6 The Authority shall receive Bids pursuant to this RFP in accordance
with the terms set forth in this RFP, to be set forth in the Concession
Agreement and other documents that are provided or may be
provided by the Authority, as modified, altered, amended and
clarified from time to time by the Authority (collectively the “Bidding
Documents”).
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

1.2 Brief description of Bidding Process

1.2.1 The Authority has adopted a single stage bidding process (“Bidding
Process”) for selection of the Bidder for award of the Project. All Bidders
for the Project shall simultaneously submit their relevant qualification
details for the purpose of meeting Technical Qualification Criteria
comprising of Technical Capacity and Financial Capacity conditions
(“Technical Bid”) and bid price quoting the Annual Concession Fee
(the “ACF”) plus applicable taxes at the prevailing rates payable to the
Authority as mentioned in Clause 3.5.1 (“Bid Price”) to the Authority in
accordance with the terms set forth in the RFP (the “Financial Bid”) which
shall essentially be more than Rs. __________Only). In case, the bidder
submits the financial bid containing the ACF less than the reserve price
then in such an event the bidder shall be declared disqualified and its bid
shall stand rejected. The ACF shall increase at the rate of 5% every 3
years.

1.2.2 In the first step, Technical Bid of all Bidders shall be evaluated as to
whether they are responsive in terms of Clause 2.18 and meet the
Technical Qualification Criteria as set forth in Clause 2.2.1 of this
RFP for undertaking the Project. The Financial Bids of only those
Bidders who are considered responsive and meet the Technical
Qualification Criteria (the “Qualified Bidder(s)”) will be opened and
evaluated for the purpose of identifying the Selected Bidder for the
Project.

1.2.3 For participation in the e-tendering process, the Bidders need to

register themselves on e-procurement website:
[Link] registration Bidder shall be provided with
a User ID and a system generated password enabling them to submit
their Bid along with Digital System Certificate (DSC). Bids have to
be submitted online latest by the dates as specified above, and as
per procedure laid down in Section 2.11 to 2.15. Bid submitted
through any other mode shall not be entertained. However,
Technical Proposal shall be submitted online and
physically, latest by the dates as specified above and as per procedure
laid down in Section1.2. Bids without digital signatures will not be
accepted by the e- procurement system. No Bid will be accepted
only in physical form and in case it has been submitted only in the
physical form it shall be rejected summarily. The Instructions to
Bidders (ITB) of the RFP document can be downloaded from the e-
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
procurement website i.e. [Link] after making an
online payment of Rs._____/- (Rupees __________ Only), through
online payment gateway, as the cost of the Bidding Documents. The
above schedule is tentative. The Authority reserves the right to
modify the said schedule of Bidding Process at any time during the
Bidding Process at its sole discretion without assigning any reason
or being liable for the same in any manner whatsoever. Further, the
Authority reserves the right to hold, in its sole and absolute
discretion, more than one pre-bid meeting or hold one or more
consultation meetings with the interested parties and in such event
the above schedule shall stand modified and amended.

1.2.4 The Bidders would be required to furnish information specified in

this RFP. The Bidders are requested to visit the Project Site to
familiarize themselves with the Project at this stage itself. The
Bidders interested in visiting the Project Site are requested to
contact the Authority. The cost of Project Site visit shall be borne by
the Bidders.

1.2.5 The Bid shall be valid for a period of not less than 180 (one hundred
and eighty) days from the date specified in the RFP for submission
of Bids (the “Bid Validity Period”).

1.2.6 In terms of this RFP, a Bidder will be required to submit bid security
declaration along with its Bid (the “Bid Security”), in the form of
Bank Guarantee as per the format provided at Appendix II: Bank
Guarantee for Bid Security 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 pursuant to the provisions of the Concession Agreement.
The Bidders will have an option to provide Bid Security in the form of
a demand draft or an unconditional and irrevocable bank guarantee
acceptable to the Authority and in such an event, the validity period
of the bank guarantee, as the case may be, shall not be less than 180
(one hundred and eighty) days from the Bid Due Date, inclusive of a
claim period of 60 (sixty) days, and 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. The bank guarantee shall be uploaded online.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
Schedule of Request for Proposal (RFP) Process

The Authority shall endeavor to adhere to the following schedule

[Link]. Event/ Activity Description Target date/time period

1. Issuance of Request for Jan 2022(17.00
Proposal Document (RFP) hrs.)
2. Last Date for Online submission of Feb 2022 (17.00 hrs.)
Bid

3. Opening of Technical Proposal Feb 2022 (1300 hrs.)

4. Opening of Financial Proposal To be announced later
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

2. INSTRUCTIONS TO BIDDERS
A. GENERAL

General Terms of Bidding

2.1.1 The Authority wishes to receive Bids for selection of an experienced and
capable Bidder for the Project who meets the Technical Qualification
Criteria as mentioned in Clause 2.2.1.

2.1.2 Subsequently, the Financial Proposal of qualified Bidders shall be

opened and evaluated.

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

2.1.4 For participation in the e-tendering process, the Bidders need to register
themselves on the e-procurement website i.e. [Link]
registration they shall be provided with a User ID and a system
generated password enabling them to submit their bid along with
Digital System Certificate (DSC) and for further information which can
be accessed as from the website as mentioned in Clause 1.2.3.

2.1.5 Bids without digital signatures will not be accepted online on the e-
procurement website i.e., [Link] No Bid will be
accepted only in physical form and in case it has been submitted only
in the physical form it shall be rejected summarily.

2.2 Eligibility of Bidder

i. The Bidder may be a single entity or a group of entities (the

“Consortium”) not more than 3 (three) members coming together
to implement the Project. However, no Bidder applying individually
or as a member of a Consortium, as the case may be, can be
member of another Bidder. The term ‘Bidder’ used herein would apply
to both a single entity and a Consortium.

ii. A Bidder may be a Sole Proprietorship, Partnership firm or a

Company (Public or Private Ltd.) incorporated under the Companies
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
Act 1956/2013 or any combination of them with a formal intent to
enter into an agreement or under an existing agreement to form a
Consortium. All the entities shall be required to submit proof of
their statutory registration/ incorporation as per their
respective governing statutes/ acts. Consortium shall be eligible
for consideration subject to the conditions set out in Clause 2.2(iii)(f)
below.

iii. The Bidder shall not have a conflict of interest (the “Conflict of
Interest”) that affects the Bidding Process. Any Bidder found to
have Conflict of Interest shall be disqualified. The Bidder shall be
deemed to have a Conflict of Interest affecting the Bidding Process,
if:
a) The Bidder, its Member or Associate (or any constituent thereof)
and any other Bidder, its Member or any Associate thereof (or any
constituent thereof) have common controlling shareholders or other
ownership interest; provided that this disqualification shall not apply
in cases where the direct or indirect shareholding of the Bidder, its
Member or an Associate thereof (or any shareholder thereof
having a shareholding of more than 5% (five percent) of the paid
up and subscribed share capital of such Bidder, Member or
Associate, as the case may be) in the other Bidder, its Member or
Associate is less than 5% (five percent) of the subscribed and paid
up equity share capital thereof; provided further that this
disqualification shall not apply to any ownership by a bank,
insurance company, pension fund or a public financial institution
referred to in Section 72 of the Companies Act, 2013. For the
purposes of Clause 2.2, indirect shareholding held through one or
more intermediate persons shall be computed as follows: (a) 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
(b) subject always to sub-clause(a) 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 if the
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
shareholding of such person in the intermediary is less than 20%
(twenty percent) of the subscribed and paid up equity
shareholding of such intermediary; a constituent of such Bidder is
also a constituent of another Bidder; or

b) Such Bidder, or any Associate thereof, receives or has received

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

c) Such Bidder has the same legal representative for purposes of

this Bid as any other Bidder; or

d) Such Bidder, or any Associate thereof, has a relationship with

another Bidder, or any Associate thereof, directly or through
common third party/ parties, that puts either or both of them in a
position to have access to each other’s information about, or to
influence the Bid of either or each other; or

e) Such Bidder or any Associate thereof, has participated as a

consultant to the Authority in the preparation of any documents,
design or technical specifications of the Project.

f) Bidder shall be liable for disqualification if any legal, financial or

technical adviser of the Authority in relation to the Project is
engaged by the Bidder, 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 Bidder, its Member or Associate in the past but its
assignment expired or was terminated 6 (six) months prior to the
date of issue of this RFP. Nor will this disqualification apply
where such adviser is engaged after a period of twelve months
from the date of completion of Bid submission.

iv. In case a Bidder is a Consortium, then the term Bidder as used in

this clause, shall include each Member of such Consortium.
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
2.2.1 To be eligible for opening of Financial Bid, a Bidder shall be required to
fulfill the following conditions of eligibility as below:
A. Technical Capacity: The bidder shall have:

i. Experience of development of at least 1 (One) cafe project wherein

the investment should not be less than Rs. 50 Lakh (Rupees Fifty
Lakh Only); or

ii. Experience of development of at least 2 (Two) café projects

wherein the investment of each project should not be less than Rs.
25 Lakh (Rupees Twenty five lakh Only);
AND
iii. A valid FSSAI License

B. Financial Capacity:

i. The Bidder shall have an average annual Turnover of Rs. 30

Lakh (Rupees Thirty Lakh only) in last 3 (three) Financial Years
(2018-19; 2019-20,2020-21)

ii. The Bidder shall have a minimum Net Worth of Rs. 9

Lakh(Rupees Nine Lakh only) at the closing of the preceding
Financial Year before the Bid Due Date. The net worth should also
be positive in last three financial years.

2.2.2 The Bidders shall enclose with its Bid, to be submitted as per the format
at APPENDIX I Complete with its Annexes, the following:
i. Certificate(s) from Statutory Auditors of the Bidder stating the
payments investment made and the works commissioned, as
the case may be, during the past 10 (ten) years in respect of the
projects specified in Clause 2.2.1 (A) above. In case a particular
job/ contract has been jointly executed by the Bidder (as part of a
Consortium), it should further support its claim for the share in
work done for that particular job/ contract by producing a certificate
from its Statutory Auditor or the client; and

ii. Certificate from Statutory Auditors of the Bidder or its

Associates specifying the Net Worth of the Bidder, as at the close
of the preceding Financial Year, and also specifying that the
methodology adopted for calculating such Net Worth confirms to
the provisions of this Clause 2.2.2(ii) of the RFP.
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

2.2.3 The Bidder should submit a Power of Attorney as per the format
prescribed under Appendix-III, authorizing the signatory of the Bid
to commit the Bidder. The Power of Attorney should be supported by
a Board Resolution confirming the Authorized Signatory. In the case
of a Consortium, the Members should submit a Power of Attorney
in favor of the Lead Member as per format prescribed under
Appendix-IV.

2.2.4 Where the Bidder is a single entity, it may be required to form an

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

(a) Number of members in a Consortium shall not exceed 3 (three).

(b) The Bid submitted by the Consortium should contain the

information required for each Member of the Consortium.

(c) Members of the Consortium shall nominate 1 (one) Member as the

lead member (the “Lead Member”), who shall have an equity
share holding of at least 20% (twenty 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 Bid should include a brief description of the roles and
responsibilities of individual members, particularly with reference
to financial, technical and O&M obligations;

(e) an individual Bidder cannot at the same time be Member of a

Consortium applying for the Bid; and

(f) Members of the Consortium shall enter into a binding Joint Bidding
Agreement, substantially in the form specified under Appendix-V
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
(the “Joint Bidding Agreement”). The Joint Bidding Agreement,
to be submitted along with the Bid, shall, inter alia:

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

equity commitment(s) in accordance with this RFP, which would
enter into the Concession Agreement and subsequently perform
all the obligations of the Concessionaire in terms of the
Concession Agreement, in case the concession to undertake the
Project is awarded to the Consortium;

ii. clearly outline the proposed roles and responsibilities, if any, of each
Member;

iii. commit the minimum equity stake to be held by each Member;

iv. NIL;

v. Members of the Consortium undertake that they shall collectively

hold an equity shareholding of at least 100% (one hundred
percent) of the paid up and subscribed equity of the SPV until
date of execution of the Concession Agreement and thereafter
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 date
of commercial operations 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 fifth
anniversary of the commercial operations of the Project is
achieved in accordance with the Concession Agreement.

(g) The Lead Member shall be authorized by all members of the

Consortium to incur liabilities and receive instructions for and on behalf
of any and all Members of the Consortium;

(h) In case the Consortium is selected as the Selected Bidder, the Lead
Member along with other Consortium members shall be jointly and
severally liable for the execution of the Project in accordance with the
terms of the RFP;
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
(i) Any change in the Member(s) of Consortium after submission of the
Bid shall result in disqualification of the Bidder; and;

(j) The Bid shall be legally binding on all the members of the Consortium

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

2.2.5 Any entity (the Bidder, its Member, or Associate was, either by itself or
as member of a consortium) which has been barred by the Central/ State
Government, or any entity controlled by it, from participating in any
project and the bar subsists as on the date of Bid, would not be eligible
to submit a Bid, either individually or as member of a Consortium.

2.2.6 A Bidder including any Consortium Member or Associate 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 Bidder, Consortium Member or Associate, as
the case may be, nor has been expelled from any project or contract by
any public entity nor have had any contract terminated by any public entity
for breach by such Bidder, Consortium Member or Associate. Provided,
however, that where a Bidder claims that its disqualification arising on
account of any cause or event specified in this Clause 2.2.6 is such that it
does not reflect (a) any malfeasance on its part in relation to such cause or
event; (b) any willful default or patent breach of the material terms of the
relevant contract; (c) any fraud, deceit or misrepresentation in relation to
such contract; or (d) any rescinding or abandoning of such contract, it may
make a representation to this effect to the Authority for seeking a waiver
from the disqualification hereunder and the Authority may, in its sole
discretion and for reasons to be recorded in writing, grant such waiver if it
is satisfied with the grounds of such representation and is further
satisfied that such waiver is not in any manner likely to cause a material
adverse impact on the Bidding Process or on the implementation of the
Project.

2.2.7 In computing the Technical Capacity and Financial Capacity of the

Bidder/Consortium Members under Clauses 2.2.1 and 3.2, the Technical
Capacity and Financial Capacity of their respective Associates would also
be eligible hereunder. For purposes of this RFP, Associate means, in
relation to the Bidder/ Consortium Member, a person who controls, is
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
controlled by, or is under the common control with such Bidder/
Consortium Member (the “Associate”). As used in this definition, the
expression “control” means, with respect to a person which is a
company or corporation, the ownership, directly or indirectly, of more
than 50% (fifty per cent) of the voting shares of such person, and with
respect to a person which is not a company or corporation, the power to
direct the management and policies of such person by operation of [Link]
is clarified that a certificate from a qualified external auditor who audits
the book of accounts of the Applicant or the Consortium Member shall
be provided to demonstrate that a person is an Associate of the Bidder
or the Consortium as the case may be.

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

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

(b) Information supplied by a Bidder (or other constituent Member if the

Bidder is a Consortium) must apply to the Bidder, Member or Associate
named in the Bid and not, unless specifically requested, to other
associated companies or firms.
(c) in responding to the Bid, Bidders should demonstrate their capabilities in
accordance with Clause 3.1 below; and

(d) In case the Bidder is a Consortium, each Member should substantially

satisfy the Eligibility Criteria to the extent specified herein.

2.2.9 While the process is open to any person, the following provisions shall
apply:

(a) Where, on the date of the Bid, 25% (twenty-five per cent) or more of the
aggregate issued, subscribed and paid-up equity share capital in the Bidder
or its Member is held by person resident outside India or where a Bidder
or its Member is controlled by person resident outside India; or

(b) *if at any subsequent stage after the date of the Bid, there is an acquisition
of 25% (twenty- five per cent) or more of the aggregate issued, subscribed
and paid-up equity share capital or control, by person’s resident outside
India, in or of the Bidder or its Member;
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

*Note: - Bidders shall be bound to follow the applicable RBI guidelines

issued in respect of FDI from time to time. Any violation of such
applicable RBI guidelines shall not in case render the Authority liable in
any manner whatsoever. Then the qualification of such Bidder or in the
event described in sub clause (b) above, the continued qualification of
the Bidder shall be subject to approval of the Authority from the
perspective of national security and public interest perspective. The
decision of the Authority in this behalf shall be final and conclusive and
binding on the Bidder. The holding or acquisition of equity or control, as
above, shall include direct or indirect holding/ acquisition, including by
transfer, of the direct or indirect legal or beneficial ownership or
control, by persons acting for themselves or in concert and in
determining such holding or acquisition, the Authority shall be guided by
the principles, precedents and definitions contained in the Securities and
Exchange Board of India (Substantial Acquisition of Shares and
Takeovers) Regulations, 2011, or any substitute thereof, as in force on
the date of such acquisition. The Bidder shall promptly inform the
Authority of any change in the shareholding, as above, and failure to do
so shall render the Bidder liable for disqualification from the Bidding
Process.

2.2.10 Notwithstanding anything to the contrary contained herein, in the event

that the Bid Due Date falls within 3 (three) months of the closing of the
latest financial year of a Bidder, it shall ignore such financial year for the
purposes of its Bid and furnish all its information and certification with
reference to the 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 a Bid hereunder, mean the accounting
year followed by the Bidder in the course of its normal business.

2.3 Change in Ownership

2.3.1 By submitting the Bid, the Bidder acknowledges that it was qualified and
short-listed on the basis of Technical Capacity and Financial Capacity of
those of its Consortium Members who shall, until the 5th (fifth)
anniversary of the date of commercial operations of the Project, hold
equity share capital representing not less than 20% (twenty per cent) of
the subscribed and paid-up equity of the Concessionaire.
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

2.3.1 The Bidder further acknowledges and agrees that the aforesaid
obligation shall be the minimum and shall be in addition to such other
obligations as may be contained in the Concession Agreement, and a
breach hereof shall, notwithstanding anything to the contrary contained
in the Concession Agreement, be deemed to be a breach of the
Concession Agreement and dealt with as such there under. For the
avoidance of doubt, the provisions of this Clause 2.3.1 shall apply only
when the Bidder is a Consortium.

2.3.2 By submitting the Bid, the Bidder shall also be deemed to have
acknowledged and agreed that in the event of a change in control of a
member of the Consortium or an Associate whose Technical Capacity
and/ or Financial Capacity was taken into consideration for the purposes of
short-listing and qualification under and in accordance with the RFP, the
Bidder shall be deemed to have knowledge of the same and shall be
required to inform the Authority forthwith along with all relevant particulars
about the same and the Authority may, in its sole discretion, disqualify
the Bidder or withdraw the LoA from the Selected Bidder, as the case
may be.

2.3.3 In the event such change in control occurs after signing of the Concession
Agreement but prior to the 5th (fifth) anniversary of the date of
commercial operation of the Project, it would, notwithstanding anything to
the contrary contained in the Concession Agreement, be deemed to be a
breach of the Concession Agreement, and the same shall be liable to be
terminated without the Authority being liable in any manner whatsoever
to the Concessionaire. In such an event, notwithstanding anything to the
contrary contained in the Concession Agreement, the Authority shall be
entitled to forfeit and appropriate the Bid Security or Performance Security,
as the case may be, as Damages, without prejudice to any other right or
remedy that may be available to the Authority under the Bidding
Documents and/ or the Concession Agreement or otherwise.

2.4 Number of Bids and Costs thereof

2.4.1No Bidder shall submit more than one Bid for the Project. A Bidder
applying individually or as a member of a Consortium shall not be entitled
to submit another Bid either individually or as a member of any
Consortium as the case may be. In response to this Bid any Bidder who
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
submits or participate in more than one Bid shall be disqualified.

2.5 Site Visit and Verification of Information

Bidders are encouraged to submit their respective Bids after visiting the
Project Site and ascertaining for themselves the location, surroundings,
climate, availability of power, water and other utilities for re-development,
access to site, weather data, applicable laws and regulations or any other
matter considered relevant by them. The Bidders shall visit the Project Site in
accordance with the provision of Clause 1.2.4.

2.6 Acknowledgement by Bidder

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

I. Made a complete and careful examination of the RFP;

II. Received all relevant information requested from the Authority;

III. Acknowledged and accepted the risk of inadequacy, error or

mistake in the information provided in the RFP or furnished by or on
behalf of the Authority or relating to any of the matters referred in
Clause 2.5 above; and

IV. Agreed to be bound by the undertakings provided by it under and in terms

hereof.

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

2.7 Right to Accept or Reject any or all Bid/ Bids

2.7.1 Notwithstanding anything contained in this RFP, the Authority

reserves the right to accept or reject any Bid and to annul the bidding
process and reject all Bids, at any time without any liability
whatsoever or any obligation for such acceptance, rejection or
annulment, and without assigning any reasons thereof. In the event
the Authority rejects or annuls all the Bid/Bids, it may, in its discretion,
invite all Bidder / Bidders to submit fresh Bid /Bids hereunder.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

2.7.2 The Authority reserves the right to reject any Bid and/or disqualify the Bidder
if:

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

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

2.7.3 If the Bidder is a Consortium, then the entire Consortium may be

disqualified/ rejected. If such disqualification/ rejection occurs after
the Bids have been opened and the Highest Bidder gets disqualified/
rejected, then the Authority reserves the right to:

a) invite the remaining Bidders to match the Highest Bidder/ submit

their Bids in accordance with the RFP; or

b) Take any such measure as may be deemed fit in the sole

discretion of the Authority, including annulment of the Bidding
Process.

2.7.4 In case it is found during the evaluation or at any time before signing
of the Concession Agreement or after execution of the Concession
Agreement and during the period of subsistence thereof, including
the Concession thereby granted by the Authority, that one or more of
the qualification conditions have not been met by the Bidder or the
Bidder has made material misrepresentation or has given any
materially incorrect or false information, the Bidder shall be
disqualified forthwith if not yet appointed as the Concessionaire either
by issue of the LoA or entering into of the Concession Agreement,
and if the Bidder 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 RFP, be liable to be terminated, by a communication in writing by
the Authority to the Bidder, without the Authority being liable in any
manner whatsoever to the Bidder and without prejudice to any other
right or remedy which the Authority may have under this RFP the
Bidding Documents, the Concession Agreement or under applicable
law.
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
2.7.5 The Authority reserves the right to verify all statements, information
and documents submitted by the Bidder in response to the RFP. Any
such verification or lack of such verification by the Authority shall not
relieve the Bidder of its obligations or liabilities hereunder nor will it
affect any rights of the Authority there under.

B. DOCUMENTS

2.8 Contents of the RFP

This RFP comprises the disclaimer set forth hereinabove, the contents as
listed below, and will additionally include any Addenda issued in
accordance with Clause 2.10

Invitation for Bids

Section 1 Introduction
Section 2 Instructions to Bidders
Section 3 Criteria for evaluation
Section 4 Fraud and corrupt practices
Section 5 Pre-Bid Conference
Section 6 Miscellaneous

Appendices
I. Letter comprising the Bid
II. Bank Guarantee for Bid Security
III. Power of Attorney for signing of Bid
IV. Power of Attorney for Lead Member of Consortium
V. Joint Bidding Agreement for Consortium
VI. Guidelines of the Department of Disinvestment
VII. Self-Undertaking
VIII. Self-Assessment Performa
IX. (A) Financial Proposal- Cover Letter
(B) Financial Proposal

2.9 Clarifications

2.9.1 The Bidders may upload their queries on [Link]

The document containing the pre-proposal queries to be uploaded
shall bear the following identification:
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
“Queries concerning RFP for Development, Operation &
Maintenance of BRO café through PPP mode on Design, Build,
Finance, Operate and Transfer (DBFOT) basis"

S. No. Clause/Pag Content of the Change/clarificatio

e No. RFP requiring n requested
clarifications
1.
2.
3.

2.9.2 The Bidders should send in their queries at least 2 (two) days prior to
the Pre-Bid Conference date specified in the Schedule 1.3 of the RFP.
The Authority shall endeavor to respond to the queries within the period
specified therein. Thereto, but no later than 7 (seven) days prior to the
Bid Due Date, the Authority may choose to upload the responses on
the e-procurement website i.e. [Link] specified in the
RFP advertisement.

2.9.3 The Authority shall endeavor to respond to the questions raised or

clarifications sought by the Bidders. However, the Authority reserves
the right not to respond to any question or provide any clarification,
in its sole discretion, and nothing in this Clause shall be taken or
read as compelling or requiring the Authority to respond to any
question or to provide any clarification.

2.9.4 The Authority may, on its own, if deemed necessary, issue

interpretations and clarifications to all Bidders. All clarifications and
interpretations issued by the Authority shall be deemed to be part of
the RFP. Verbal clarifications and information given by the Authority
or its employees or representatives shall not in any way or manner
be binding on the Authority.

2.10 Amendment of RFP

2.10.1 At any time prior to the deadline for submission of Bid, the Authority
may, for any reason, whether at its own initiative or in response to
clarifications requested by Bidder, modify the RFP by the issuance
of Addendum.
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

2.10.2 Any Addendum thus issued will only be uploaded on the e-

procurement website i.e. [Link]

2.10.3 In order to afford the Bidders a reasonable time in which to take an

Addendum into account, or for any other reason, the Authority may, at
its own discretion, extend the Bid Due Date.
C. PREPARATION & SUBMISSION OF BID

2.11 Language

2.11.1 The Bid and all related correspondence and documents should be
written in the English language. Supporting documents and printed
literature uploaded on website by the Bidder with the Bid may be in
any other language provided that they are accompanied by
appropriate translations of the pertinent passages in the English
language, duly authenticated and certified by the Bidder. Supporting
materials, which are not translated into English, may not be
considered. For the purpose of interpretation and evaluation of the Bid,
the English language translation shall prevail.

2.11.2 All communication provided should be legible, and wherever the

information is given in figures, the same should also be mentioned in
words. In case of different in amounts stated in figures and words, the
amount stated in words only will be taken as correct and final.

2.12 Format & Signing of Bid

2.12.1 The Bidder shall provide all information sought under this RFP. The
Authority would evaluate only those Bids that are received in the
required format and complete in all respects. Incomplete and / or
conditional Bids shall be liable for rejection.

2.12.2 The Bid shall be stamped and signed by the Authorized Signatory of
the Bidder. 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 Bid shall be initialed by the
person(s) signing the Bid. The Bid shall contain page numbers.

2.13 Bid Due Date

 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
2.13.1 The Authority may, in its sole discretion, extend the Bid Due Date
by issuing an Addendum for all Bidders as mentioned in Clause 2.10 above

2.14 Late Bids

2.14.1 Bids received by the Authority after the Bid Due Date shall not be
eligible for consideration and shall be summarily rejected. The
Authority shall not be responsible for any delay in submission of the
same.

2.15 Modification/ Substitution/ Withdrawal of Bids

2.15.1 The Bidder may modify, substitute or withdraw its Bid after
submission provided that written notice of the modification,
substitution or withdrawal is received by the Authority within the Bid
Due Date. No Bid shall be modified, substituted or withdrawn by the
Bidder after the Bid Due Date.

2.15.2 Any alteration/ modification in the Bid or additional information

material supplied subsequent to the Bid Due Date, unless the same
has been expressly sought for bythe Authority, shall be disregarded.

2.16 Submission of Bid

Scanned copy of the Technical Bid shall be submitted online on the e-

procurement portal i.e. [Link] on or before the Bid Due Date
and Technical Proposal in physical form shall be submitted in the office of the
Authority on the date as mentioned in Clause 1.3 of this RFP document.
Technical Proposals of the Bidders who fail to submit the Technical Proposal
in the physical form shall not be opened online and will be rejected. The
Financial proposal shall be submitted only online in the format available on the
e-procurement portal.

D. Evaluation Process

2.17 Opening & Evaluation of Bids

2.17.1 The Authority would open the Bids as per the schedule specified in
Clause 1.3 of this RFP in the presence of the Bidders who choose to
attend.
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
2.17.2 Bids for which a notice of withdrawal has been submitted in accordance
with Clause 2.15 shall not be opened.

2.17.3 The Authority would subsequently examine and evaluate Bids in

accordance with the provisions set out in Section 3 on “Criteria for
Evaluation of Bids”.

2.17.4 Bidders 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.

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

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

2.17.7 If any information furnished by the Bidder is found to be incomplete,

or contained in formats other than those specified herein, the
Authority may, in its sole discretion, exclude the relevant project
from computation of the Technical Capacity of the Bidder.

2.17.8 In the event the Bidder claims credit for an Eligible Project, and such
claim is determined by the Authority as incorrect or erroneous, the
Authority shall reject such claim and exclude the same from
computation of the Technical Capacity. Where any information is
found to be patently false or amounting to a material
misrepresentation, the Authority reserves the right to reject the Bid
in accordance with the provisions of Clauses 2.7.1 and 2.7.4.

2.18 Confidentiality

2.18.1 Information relating to the examination, clarification, evaluation,

and recommendation for the short-listed pre-qualified Bidders shall
not be disclosed to any person who is not officially concerned with
the process or is not a retained professional advisor advising the
Authority in relation to or matters arising out of or concerning the
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
Bidding Process. The Authority shall treat all information, submitted
as part of Bid, in confidence and would require all those who have
access to such material to treat the same in confidence. The
Authority may not divulge any such information unless it is directed
to do so by any statutory entity that has the power under law to
require its disclosure or is to enforce or assert any right or privilege
of the statutory entity and/or the Authority or as may be required by
law or in connection with any legal process.

2.19 Tests of Responsiveness

2.19.1 Prior to evaluation of Bids, the Authority will determine whether each
Bid is responsive to the requirements of the RFP. A Bid shall be
considered responsive only if:

a) It is received as per formats given in this RFP;

b) It is received within the Bid Due Date including any extension thereof
pursuant to Clause 2.13;

c) It is signed, stamped and marked as stipulated in Clauses 2.12;

d) It contains the Bid Security declaration as per the format Appendix II;

e) It is accompanied by the Power of Attorney as specified in Clause 2.2.3

and in the case of a Consortium, the Power of Attorney as specified in
Clause 2.2.3 as per the formats Appendix III and Appendix IV
respectively;

f) It contains all information (complete in all respects) as stipulated in the RFP;

g) It contains information as per the formats specified in this RFP. Non-

adherence to the formats may be a ground for declaring the Bid as
non-responsive;

h) It contains certificates from its Statutory Auditors/Charted Accountant

in the formats specified at Annexure II: Technical Capacity of Bidder
of the RFP for each Eligible Project and at Annexure III: Financial
Capacity of Bidder;

i) It is accompanied by the Joint Bidding Agreement (applicable in case

Bidder is Consortium), specific to the Project, as stipulated in Clause 2.2.4
as per the format Appendix V;
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

j) It does not contain any condition or qualification; and

k) It is not non-responsive in terms hereof.

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

2.20 Clarifications from Bidders

2.20.1 To facilitate evaluation of Bids, the Authority may, at its sole

discretion, seek clarifications from any Bidder regarding its Bid. Such
clarifications shall be provided within the time specified by the
Authority for this purpose. Any request for clarifications and all
clarifications shall be in writing.

2.20.2 If the Bidder does not provide clarifications sought under Clause
2.19.1 within the prescribed time, its Bid shall be liable to be
rejected. In case the Bid is not rejected, the Authority may proceed to
evaluate the Bid by construing the particulars requiring clarification
to the best of its understanding, and the Bidder shall be barred from
subsequently questioning such interpretation of the Authority.

2.21 Proprietary Data

2.21.1 All documents and other information supplied by the Authority or

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

2.22 Correspondence with Bidder

2.22.1 Save and except as provided in this RFP, the Authority shall not
entertain any correspondence with any Bidder in relation to the
acceptance or rejection of any Bid.
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
3. CRITERIA FOR EVALUATION OF BIDS

Evaluation parameters

3.1.1 Only those Bidders who meet the eligibility criteria specified in Clause
2.2 of this RFP above shall qualify for participation in the Bidding
Process. Bids of firms/ consortia who do not meet these criteria shall be
rejected.

3.1.2 The Bidder’s competence and capability is proposed to be established

on the following parameters:

1. Technical Capacity
2. Financial Capacity

3.2 Details of Experience

3.2.1 The Bidder should furnish the details of Eligible Experience for the past
10 (Ten) years preceding the Bid Due Date.

3.2.2 The Bidders must provide the necessary information relating to Technical
Capacity as per format at Annexure II: Technical Capacity of Bidder of
Appendix I: Letter Comprising the Bid.

3.3 Financial Information for the Purpose of Evaluation

3.3.1 The Bid must be accompanied by Audited Annual Reports of the Bidder
(of each member in case of a Consortium and of the Associate if relying
on the Turnover & Net-worth of Associate for the purpose of
qualification) for the last 3 (three) financial years, preceding the Bid Due
Date.

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

3.3.3 The Bidder must establish average annual Turnover and minimum Net
Worth specified in Clause 2.2.1 (B) and provide details as per format at
Annexure III: Financial Capacity of Bidder of Appendix I: Letter
Comprising the Bid.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

3.4 Short listing of Bidders

3.4.1 The Authority shall qualify and shortlist the Bidders who fulfill the
stipulated Technical and Financial Capacity criteria as set out in this
RFP, along with the other conditions of the RFP.

3.4.2 The Authority will notify the other Bidders also who do not fulfill either
or both of the Technical and Financial Capacity. The Authority will not
entertain any query or clarification from Bidders who fail to qualify.

3.5 Selection of Bidder

3.5.1 The Authority would open the Bid as per the schedule specified in
Clause 1.3. Bidder whose Bid is adjudged as responsive in terms of
Clause 3.2.1 and who quotes the highest “Annual Concession Fee
(ACF)” payable to the Authority payable annually for the
concession granted shall be ranked as H1 Bidder and all other
Bidders shall be placed below and ranked accordingly as H2 or H3
Bidder depending upon their quoted ACF. Subject to the provisions of
this Agreement the H1 Bidder shall be declared as the Selected Bidder.
Any Bidder who quotes Annual Concession Fee lower than the Reserve
Price shall be disqualified from the Bidding Process.

3.5.2 In the event that two or more Bidders quote the same amount of
Annual Concession Fee (the “Tie Bidders”), the Authority shall
identify the Selected Bidder by draw of lots, which shall be
conducted, with prior notice, in the presence of the Tie Bidders who
choose to attend.

3.5.3 In the event that the Highest Bidder withdraws or is not selected for
any reason in the first instance (the “first round of bidding”), the
Authority may invite all the remaining Bidders to revalidate or extend
their respective Bid Security, as necessary, and match the Bid of the
aforesaid Highest Bidder (the “second round of bidding”). If in the
second round of bidding, only one Bidder matches the Highest Bidder,
it shall become the Selected Bidder. If two or more Bidders match
the said Highest Bidder in the second round of bidding, then the
Bidder whose Bid was higher as compared to other Bidder(s) in the
first round of bidding shall be the Selected Bidder. For example, if
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
the third and fifth highest Bidders in the first round of bidding offer to
match the said Highest Bidder in the second round of bidding, the
said third highest Bidder shall be the Selected Bidder.

3.5.4 In the event that no Bidder offers to match the Highest Bidder in the
second round of bidding as specified in Clause 3.3.3, the Authority
may, in its discretion, invite
fresh Bids (the “third round of bidding”) from all Bidders except the
Highest Bidder of the first round of bidding, or annul the Bidding
Process, as the case may be. In case the Bidders are invited in the
third round of bidding to revalidate or extend their Bid Security, as
necessary, and offer fresh Bids, they shall be eligible for submission of
fresh Bids provided, however, that in such third round of bidding only
such Bids shall be eligible for consideration which are higher than
the Bid of the second highest Bidder in the first round of bidding.

3.5.5 Notwithstanding anything to the contrary contained in this RFP, the

Authority reserves the right to reject or annul the Bidding Process
and/ or reject any Bid at any stage without assigning any reason. In
the event that the Authority rejects or annuls all the Bids, it may, in
its discretion, invite all eligible Bidders to submit fresh Bids
hereunder.

Note: - While Bidders are allowed to submit their proposals

under any of the 2 options mentioned above, the final decision
to select the Bidder (the “Selected Bidder”) shall be at the
discretion of the Authority.

3.6 Award of the Project

3.6.1 After selection, a Letter of Award (the “LoA”) shall be issued by the
Authority to the Selected Bidder and the Selected Bidder shall, within
7 (seven) days of the receipt of the LOA, sign and return the
duplicate copy of the LOA in acknowledgement thereof. In the event
the duplicate copy of the LOA duly signed by the Selected Bidder is
not received by the stipulated date, Authority may, unless it consents
to extension of time for submission thereof, appropriate the Bid
Security of such Bidder as Damages on account of failure of the
Selected Bidder to acknowledge the LOA, and the next eligible Bidder
may be considered.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

3.6.2 After acknowledgement of the LOA as aforesaid by the Selected

Bidder, it shall cause the Concessionaire to execute the
Concession Agreement within the period prescribed in Clause 1.3.
The Selected Bidder shall not be entitled to seek any deviation,
modification or amendment in the Concession Agreement.

3.7 Contacts During Bid Evaluation

Bids shall be deemed to be under consideration immediately after they are

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

3.8 Dispute Resolution

Any dispute, difference or controversy of whatever nature howsoever

arising under or out of or in relation to this Agreement (including its
interpretation) between the Parties, and so notified in writing by either
Party to the other Party (the “Dispute”) shall, in the first instance, be
attempted to be resolved amicably.
The Parties agree to use their best efforts for resolving all Disputes
arising under or in respect of this Agreement promptly, equitably and in
good faith, and further agree to provide each other with reasonable
access during normal business hours to all non- privileged records,
information and data pertaining to any Dispute.

Arbitration

In the event of any question, dispute or difference arising between the parties
in relation to this agreement or in connection therewith the same shall be
referred to the sole arbitrator to be appointed by the Authority. The award of
the Arbitrator will be final and binding upon both the parties. The Arbitrator
proceedings will be governed under the Arbitration and Conciliation Act, 1996
and the seat of the Arbitrator will be at Chandigarh.
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
4. FRAUD & CORRUPT PRACTICES

The Bidders and their respective officers, employees, agents and advisers
shall observe the highest standard of ethics during the Bidding Process.
Notwithstanding anything to the contrary contained herein, the Authority
shall reject a Bid without being liable in any manner whatsoever to the
Bidder if it determines that the Bidder 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.

Without prejudice to the rights of the Authority under Clause 4.1

hereinabove, if a Bidder is found by the Authority to have directly or indirectly
or through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice during
the Bidding Process, such Bidder shall not be eligible to participate in any
tender or RFP issued by the Authority during a period of 2 (two) years from
the date such Bidder is found by the Authority to have directly or indirectly
or through an agent, engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive
practice, as the case may be.

For the purposes of this Section 4 Fraud & Corrupt Practices, the following
terms shall have the meaning hereinafter respectively assigned to them:

I. “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 there from,
before or after the execution thereof, at any time prior to the expiry of one
year from the date such official resigns or retires from or otherwise
ceases to be in the service of the Authority, shall be deemed to
constitute influencing the actions of a person connected with the
Bidding Process); or (ii) save and except as permitted under Clause
2.2, 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 maybe, any person in respect of
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
any matter relating to the Project or the LoA or the Concession
Agreement, who at any time has been or is a legal, financial or technical
adviser of the Authority in relation to any matter concerning the Project;

II. “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;

III. “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.

IV. “Undesirable practice” means (i) establishing contact with any

person connected with or employed or engaged by the Authority
lobbying or in any manner influencing or attempting to influence the
Bidding Process; or (ii) having a Conflict of Interest; and

V. “Restrictive practice” means forming a cartel or arriving at any

understanding or arrangement among Bidders with the objective of
restricting or manipulating a full and fair competition in the Bidding
Process.
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
5. PRE-BID CONFERENCE

The Pre-Bid Conference shall be convened at the designated date, time

and place to be specified.

A maximum of 3 (three) representatives from each Bidder shall be allowed

to participate on production of authority letter from the Bidder.

During the course of Pre-Bid conference, the Bidders will be free to

seek clarifications and make suggestions for consideration of the
Authority in writing. The Authority shall endeavor to provide
clarifications and such further information as it may, in its sole
discretion, consider appropriate for facilitating a fair, transparent and
competitive Bidding Process.
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
6. MISCELLANEOUS

The Bidding Process shall be governed by, and construed in

accordance with, the laws of India and the Courts at Chandigarh, India
shall have exclusive jurisdiction over all disputes arising under, pursuant
to and/ or in-connection with the Bidding Process.
The Authority, in its sole discretion and without incurring any obligation
or liability, reserves the right, at any time, to:
I. 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;

II. Consult with any Bidder in order to receive clarification or further information;
III. Pre-qualify or not to pre-qualify any Bidder and/ or to consult with any
Bidder in order to receive clarification or further information;

IV. Retain any information and/ or evidence submitted to the Authority by,
on behalf of, and/ or in relation to any Bidder;
V. Independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or on
behalf of any Bidder; and/or

VI. Supplement/Modify/Amend/Alter the terms of grant of concession

pursuant to this RFP, or technical/financial or any other parameter
for selection or evaluation of the Bidders or any terms and conditions
of this RFP.
6.2.1. In order to afford the bidders a reasonable time for taking
addendum/ supplement/ modification etc. into account or for any
other reason, the Authority may, at its own discretion, extend the Bid
Due Date and time.

6.3. It shall be deemed that by submitting the Bid, the Bidder agrees and
releases the Authority, its employees, agents and advisers,
irrevocably, unconditionally, fully and finally from any and all liability
for claims, losses, damages, costs, expenses or liabilities in any
way related to or arising from the exercise of any rights and/ or
performance of any obligations hereunder, pursuant hereto and/ or
in connection herewith and waives any and all rights and/ or claims
it may have in this respect, whether actual or contingent, whether
present or future.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
CHECKLIST OF SUBMISSIONS

[Link] Enclosures to the Bid Status Comments if

. (Submitted/ any
Not
Submitted)
1. Receipt of deposit of Rs. ____/-
(Rupees _______ Only)
2. Bid Security declaration

3. RFP and Draft Concession Agreement

(DCA) each page duly signed by the
Authorized Person is to be returned
acknowledging the terms and
conditions thereof
3. Appendix I: Letter comprising the Bid
Annexure I: Details of Bidder
Annexure II: Technical Capacity of
Bidder (A): Format for
Development Experience
(B) :Format for Operational
Experience
Annexure III: Financial Capacity of the
Bidder
Annexure IV: Statement of Legal
Capacity
Appendix II: Bank Guarantee for Bid
Security
Appendix III: Format for Power of
Attorney for
Signing of Bid
Appendix IV: Format for Power of
Attorney for
Lead Member of Consortium.
Appendix V: Joint Bidding Agreement
by
Consortium
Appendix VI: Guidelines of the
Department of Disinvestment
Appendix VII: Self - Undertaking
Appendix VIII: Self-Assessment
Performa
Appendix IX(A): Financial Proposal
– Cover Letter
Appendix IX(B): Financial Proposal
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
APPENDIX I: LETTER COMPRISING THE BID (On the Letterhead of the Bidder/
Lead
Member in case of consortium)

Date:
Place:

To
Chief Engineer
Project Chetak
Village Bichhwal
Bikaner
Rajasthan 334006

Sub: Development, Operation and Maintenance of BRO Café at different

location through PPP mode on Design, Build, Finance, Operate and
Transfer (DBFOT) basis in Rajasthan state

Dear Sir,

1. With reference to your RFP document dated ……., I/We, having

examined the RFP document and understood its contents, hereby
submit my/our Bid under Option1/2 (Please specify the option under
which you are submitting the proposal) for the aforesaid Project.
The Bid is unconditional in all respects.

2. I/ We acknowledge that the Authority will be relying on the information

provided in the Bid and the documents accompanying such Bid for the
aforesaid project, and we certify that all information provided in the Bid and
in Annexure I to IV is true and correct; nothing has been omitted which
renders such information misleading; and all documents accompanying
such Bid are true copies of their respective originals.

3. This statement is made for the express purpose of qualifying as a

Bidder for the Development, Operation and Maintenance of the
aforesaid Project.

4. I/ We shall make available to the Authority any additional information it

may find necessary or require to supplement or authenticate the Bid.

5. I/ We acknowledge the right of the Authority to reject our Bid without

assigning any reason or otherwise and hereby waive our right to
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
challenge the same on any account whatsoever.

6. We certify that we/ any of the Consortium Members or our/ their

Associate have neither failed to perform on any contract, as evidenced
by imposition of a penalty or a judicial pronouncement or arbitration
award, nor been expelled from any Project or contract nor have had any
contract terminated for breach on our part.

7. I/ We declare that:

a. I/ We have examined and have no reservations to the RFP document,

including any Addendum issued by the Authority.

b. I/ We do not have any conflict of interest in accordance with Clauses

2.2(iii) of the RFP;

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
Section on Fraud & Corrupt Practices of the RFP document, in
respect of any tender or request for proposal issued by or any
agreement entered into with the Authority or any other public sector
enterprise or any government, Central or State;

d. I/ We hereby certify that we have taken steps to ensure that in

conformity with the provisions of Section on Fraud & Corrupt Practices
of the RFP document, no person acting for us or on our behalf has
engaged or will engage in any corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practice;

e. I/ We hereby certify and confirm that in the preparation and

submission of this Bid, we have not acted in concert or in collusion
with any other Bidder or other person(s) and also not done any act,
deed or thing which is or could be regarded as anti- competitive,
restrictive or monopolistic trade practice;

f. I/ We further confirm that we have not offered nor will offer any illegal
gratification in cash or kind to any person or agency in connection
with the instant Bid; and

g. I/ We, are not barred by the Authority, or any state government or

any of their agencies from participating in similar projects.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

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

9. I/ We believe that we/ our Consortium/ proposed Consortium satisfy(s)

the Financial Turnover and Net Worth criteria and meet(s) the
requirements as specified in the RFP document.

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

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

12. I/ We further certify that in regard to matters relating to security and

integrity of the country, we/ any Member of the Consortium or any of
our/ their Associates have not been charge-sheeted by any agency of
the Government or convicted by a Court of Law.

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

pending either against us / any Member of the Consortium or against
our/ their Associates or against our CEO or any of our Directors/
Managers/ Employees.

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

15. I/ We undertake that in case due to any change in facts or

circumstances during the Bidding Process, we are attracted by the
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
provisions of disqualification in terms of the guidelines referred to above,
we shall intimate the Authority of the same immediately.

16. I/We hereby submit the Statement of Legal Capacity as per format
provided at Annexure IV: Statement of Legal Capacity with this Letter
Comprising the Bid.

17. I/We hereby submit the Power of Attorney for signing of Bid and the
Power of Attorney for Lead Member of Consortium, as per format provided
at Appendix II: Format for Power of Attorney for signing of Bid and
Appendix III: Format for Power of Attorney for Lead Member of
Consortium respectively of the RFP, is also enclosed.

18. . I/ We, hereby irrevocably waive any right which we may have at any
stage at law or howsoever otherwise arising to challenge or question any
decision taken by the Authority in connection with the selection of
Bidders, 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.

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

20. I/We certify that in terms of the RFP, my/ our Financial Turnover is Rs.
(Rs. in words) and Net worth is INR…………………………. (INR. in
words) and meet the Eligibility Criteria as mentioned in Clause 2.2.1 (A)
of this RFP document.

21. 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.

In witness thereof, I/We submit this Bid under and in accordance with the
terms of the RFP. Yours faithfully,

Date: Signature, Name and Designation of the

Authorized Signatory Place: Name and Seal of the
Bidder/ Lead Member
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
Annexure I: Details of Bidder

1.
(a) Name:
(b) Country of incorporation/ registration:
(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 entity 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 AUTHORITY:

(a) Name:
(b) Designation:

(c) Entity:

(d) Address:

(e) Telephone Number:

(f) E-Mail Address:

(g) Fax Number:

4. Particulars of the Authorized Signatory of the Bidder:

(a) Name:

(b) Designation:

(c) Address:

(d) Phone Number:

(e) Fax Number:

Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

5. In case of a Consortium:
(a) The information above (1-4) should be provided for all the
members of the Consortium.
(b) A copy of the Joint Bidding Agreement, as envisaged in Clause
2.2.4 should be attached to the Bid.

(c) Information regarding role of each member should be provided

as per table below:

[Link]. Name of Member Role*{Refer Percentage of equity

Clause2.2.4} in the Consortium
{Refer Clause
2.2.4}
1.
2.
3.

(d) The following information shall also be provided for each member
of the Consortium:
Name of Bidder /member of Consortium

[Link]. Criteria Yes No

Has the Bidder/ Constituent of the

1. Consortium been barred by the Central/
State Government, or any entity controlled
by them, from participating in any Project
(DBFOT or otherwise).

2. If the answer to 1 is yes, does the bar

subsist as on the date of Bid?

Has the Bidder/ Constituent of the

3. Consortium paid liquidated damages of
more than 5% (five percent) of the contract
value in a contract due to delay or has
been penalized due to any other reason in
relation to execution of a contract
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
6. A statement by the Bidder and each of the members of its Consortium
(where applicable) or any of their Associates disclosing material non-
performance or contractual noncompliance in past projects, contractual
disputes and litigation/ arbitration in the recent past is given below
(Attach extra sheets, if necessary):

Date: Signature, Name and Designation of the Authorized

Signatory Place: Name and Seal of the Bidder/
Lead Member
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
Annexure II: Technical Capacity of Bidder (To be certified by (A)
Statutory Auditor)

Format for
DEVELOPMENT EXPERIENCE
Project Project Project Date of Proof of Project Cost and
Name Location Cost in Completion Completion Enclosed
INR of the Project (Yes/No)

Note:

Provide details of only those projects that have been undertaken by the Bidder
under its own name and/ or by an Associate and/ or Consortium Member in
case of Consortium.

In case credit is claimed for an Associate, necessary evidence to establish the

relationship of the Applicant with such Associate, in terms of Clause 2.2.7, shall
be provided.

The date of commencement and completion of the project and Investment

made on the Project needs to be certified by the Statutory Auditor of the Bidder.

This is to certify that (Name of the Bidder) has

promoted and developed (Title and nature of the Projects) with a
total investment of INR. Crores.
We further certify that the Project was commissioned on (Date) and
completed on (Date) and (Name of the Bidder) held % of the equity
capital in the Project as on the date of commissioning.
Signature of the Statutory
Auditors (With seal and
registration no)

Signature

Name

Designation

Entity

Date
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

(B)
Format for

OPERATIONAL EXPERIENCE (To be certified by Statutory Auditor)

[Link] Project Name Project Years of

. Location Project
Operation
1.

2.
3.
……

Note:

Provide details of only those projects that have been undertaken by the Bidder
under its own name and/ or by an Associate and/ or Consortium Member in case
of Consortium.

In case credit is claimed for an Associate, necessary evidence to establish the

relationship of the Applicant with such Associate, in terms of Clause 2.2.7, shall
be provided.

This is to certify that (Name of the Bidder) has

operated
(Title and nature of the Projects) from the year to Year
.

Signature of the Statutory

Auditors (With seal and

registration no) Signature

Name
Designation
Entity

Date
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
Annexure III: Financial Capacity of
Bidder

FORMAT FOR FINANCIAL DATA (To be certified by Statutory

Auditor)

1. Turnover related data

All figures in INR Cr.
Past three Financial years ( Audited
Description accounts)

Year Year Year

Operating
Revenue

(add)
Other
Revenu
e
Total
Turnover
2. Net Worth related data for the preceding financial year
All figures in INR Cr
Description Amount ( in INR Cr.)

Subscribed Share
Capital

(add) Paid up Share

Capital
(add) Free Reserves
(Subtract) (Revaluation reserves
+ Miscellaneous Expenditure+
Expenditure not written off+
accrued liabilities)
Net-worth
* Details of the items included in the non-cash expenses have to be
provided.
Note:

1. Audited Balance Sheets, Financial Statements and Annual Reports

(where the Bidder is a Company) and Profit & Loss statements of the
Bidder (of each Member in case of a Consortium and/ or of an
Associate if relying on the financial credentials of an Associate for the
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
purpose of qualification) at the closing of the preceding Financial Year,
before the Bid Due Date shall be enclosed. The financial statements
shall:
a. reflect the financial situation of the Bidder 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. In the case of a Consortium, a copy of the Jt. Bidding Agreement shall
be submitted in terms of this RFP.
3. The Bidder shall provide an Auditor’s certificate/Chartered Accountant
certificate specifying the Net Worth of the Bidder and also specifying
the methodology adopted for calculating such Net Worth;
4. For the purposes of this RFP the term Net Worth means following:

a. "Net Worth" for company shall mean the aggregate value of the
paid-up share capital and all reserves created out of profits of the
company and securities premium account after deducting
aggregate value of the accumulated losses, deferred expenditure
and miscellaneous expenditure not written off, as per the audited
balance sheet, but does not include reserves created out of
revaluation of assets, write-back of depreciation and
amalgamation.
b. Net Worth for Partnership Firm would mean: [Fixed Assets
+Trade Receivables + Current Assets] – [Firms Loan +Current
Liabilities]
c. Net Worth for Sole Proprietorship would mean: Total Assets- Total
Liabilities

Signature………………..
Name: …………………………
Designation: ………………….
Name of Bidder: ……………...
Stamp/ seal: …………………...
Date: …………………………...
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

Annexure IV: Statement of Legal

Capacity
(On the letterhead of the Bidder/ Lead Member of Consortium)

Ref.

Date:

To

Sub: Development, Operation and Maintenance of BRO Café at different

location through PPP mode on Design, Build, Finance, Operate and
Transfer (DBFOT) basis in Rajasthan state

Dear Sir,

We hereby confirm that we/ our members in the Consortium (constitution of

which has been described in the Bid) satisfy the terms and conditions laid out
in the RFP.

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

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

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

Thanking you,

Yours faithfully,

Authorized Signatory For and on behalf of

*Please strike out whichever is not applicable.

Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
APPENDIX II: Bank Guarantee for Bid Security

Dated:

To

Sub: Development, Operation and Maintenance of BRO Café at different

location through PPP mode on Design, Build, Finance, Operate and
Transfer (DBFOT) basis in Rajasthan state

Unconditional and Irrevocable

B.G. No.

1. In consideration of you, ………………………..……, having its office at ,

(hereinafter referred to as “Authority”, which expression shall unless it
be repugnant to the subject or context thereof include its, successors and
assigns) having agreed to receive the Bid of (name of the Bidder) and
having its registered office at ... (and acting on behalf of its Consortium)1
(hereinafter referred to as the “Bidder” which expression shall unless it
be repugnant to the subject or context thereof include its/their
executors, administrators, successors and assigns), for
the………………………….. Project on [DBFOT] basis (hereinafter
referred to as “the Project”) pursuant to the RFP Document dated
…………… issued in respect of the Project and other related documents
including without limitation the draft concession agreement (hereinafter
collectively referred to as “Bidding Documents”), we (Name of the
Bank) having our registered office at................................. and one of its
branches at ……………………. (hereinafter referred to as the “Bank”),
at the request of the Bidder, do hereby in terms of Clause 1.2.6 of the RFP
Document, irrevocably, unconditionally and without reservation guarantee
the due and faithful fulfilment and compliance of the terms and conditions
of the Bidding Documents (including the RFP Document) by the said
Bidder and unconditionally and irrevocably undertake to pay forthwith to
the Authority an amount of INR. 5.00 Lakhs (Rs. Five Lakhs only)
(hereinafter referred to as the “Guarantee”) as our primary obligation
without any demur, reservation, recourse, contest or protest and without
reference to the Bidder if the Bidder shall fail to fulfil or comply with all or
any of the terms and conditions contained in the said Bidding
Documents.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

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

3. We, the Bank, do hereby unconditionally undertake to pay the amounts

due and payable under this Guarantee without any demur, reservation,
recourse, contest or protest and without any reference to the Bidder or
any other person and irrespective of whether the claim of the Authority is
disputed by the Bidder or not, merely on the first demand from the
Authority stating that the amount claimed is due to the Authority by
reason of failure of the Bidder to fulfill and comply with the terms and
conditions contained in the Bidding Documents including failure of the
said Bidder to keep its Bid open during the Bid Validity Period as set forth
in the said Bidding Documents for any reason whatsoever. Any such
demand made on the Bank shall be conclusive as regards amount due
and payable by the Bank under this Guarantee. However, our liability
under this Guarantee shall be restricted to an amount not exceeding
INR. …………(Rupees ………………………….only).

4. This Guarantee shall be irrevocable and remain in full force for a period
of 180 (one hundred and eighty) days from the Bid Due Date inclusive of
a claim period of 60 (sixty) days or for such extended period as may be
mutually agreed between the Authority and the Bidder, and agreed to by
the Bank, and shall continue to be enforceable till all amounts under
this Guarantee have been paid.

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

6. The Guarantee shall not be affected by any change in the constitution

or winding up of the Bidder or the Bank or any absorption, merger or
amalgamation of the Bidder or the Bank with any other person.

7. In order to give full effect to this Guarantee, the Authority shall be

entitled to treat the Bank as the principal debtor. THE AUTHORITY
shall have the fullest liberty, without affecting in any way the liability of
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
the Bank under this Guarantee, from time to time to vary any of the
terms and conditions contained in the said Bidding Documents or to
extend time for submission of the Bids or the Bid Validity Period or the
period for conveying acceptance of Letter of Award by the Bidder or
the period for fulfillment and compliance with all or any of the terms
and conditions contained in the said Bidding Documents by the said
Bidder or to postpone for any time and from time to time any of the
powers exercisable by it against the said Bidder and either to enforce
or forbear from enforcing any of the terms and conditions contained in
the said Bidding Documents or the securities available to the
Authority, and the Bank shall not be released from its liability under
these presents by any exercise by the Authority of the liberty with
reference to the matters aforesaid or by reason of time being given to
the said Bidder or any other forbearance, act or omission on the part
of the Authority or any indulgence by the Authority to the said Bidder or
by any change in the constitution of the Authority or its absorption,
merger or amalgamation with any other person or any other matter or
thing whatsoever which under the law relating to sureties but notice by
way of request, demand or otherwise hereunder shall be sufficiently
given or made if addressed to the Bank and sent by courier or by
registered mail to the Bank at the address set forth herein.

8. We undertake to make the payment on receipt of your notice of claim on

us addressed to [name of Bank along with branch address] and delivered
at our above branch which shall be deemed to have been duly authorized
to receive the said notice of claim.

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

10. We, the Bank, further undertake not to revoke this Guarantee during
its currency except with the previous express consent of the
Authority in writing.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
11. The Bank declares that it has power to issue this Guarantee and
discharge the obligations contemplated herein, the undersigned is
duly authorised and has full power to execute this Guarantee for
and on behalf of the Bank.

12. For the avoidance of doubt, the Bank’s liability under this
Guarantee shall be restricted to INR. ………Crores (Rupees
……………….......... Crores only). The Bank shall be liable to pay
the said amount or any part thereof only if the Authority serves a
written claim on the Bank in accordance with paragraph 9 hereof,
on or before [……. (indicate date falling 180 (one hundred and
eighty) days after the Bid Due Date)].

Signed and Delivered by ...................... Bank By the hand of Mr./Ms …………………….,

its ........................................................... and authorised official.

(Signature of the Authorised Signatory)

(Official Seal)
____________________________________________________________________
1 Delete reference to Consortium if not applicable
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
APPENDIX III: FORMAT FOR POWER OF ATTORNEY FOR SIGNING
OF BID
(On a Non-Judicial Stamp Paper of appropriate value)

POWER OF ATTORNEY

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 and presently
residing at , who is
[presently employed with us/ the Lead Member of our Consortium and
holding the position of ], as our true and
lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and
on our behalf, all such acts, deeds and things as are necessary or required in
connection with or incidental to submission of our Bid to the Authority for
the Development, Operation and Maintenance of BRO Cafe through PPP mode
on Design, Build, Finance, Operate and Transfer (DBFOT) basis in Rajasthan
State (the “Project”) proposed or being developed by the Chief Engineer
Project Chetak (the “Authority”) including but not limited to signing and
submission of all Bids and other documents and writings, participate in Pre-
Bids 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
lawfully 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.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

IN WITNESS WHEREOF WE, , THE ABOVE NAMED

PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS
DAY OF , 20**

Witnesses:

(Signature, name, designation and

address)
1.[Notarized]

(Signature)

[Link]

(Signature)
(Name, Title and Address of the
Attorney)
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

Note:
• To be executed by the sole Bidder or the Lead Member in case of a
Consortium as the case may be.

•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 Bidder should submit for verification the extract
of the charter documents and documents such as a resolution/ power of
attorney in favor of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Bidder.

• For a Power of Attorney executed and issued overseas, the document will
also have to be legalized by the Indian Embassy and notarized in the
jurisdiction where the Power of Attorney is being issued. However, the Power
of Attorney provided by Bidders from countries that have signed the Hague
Legislation Convention 1961 are not required to be legalized by the Indian
Embassy if it carries conforming Apostille certificate.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
APPENDIX IV: FORMAT FOR POWER OF ATTORNEY FOR LEAD
MEMBER OF CONSORTIUM
(On a Non-Judicial Stamp Paper of appropriate value)

POWER OF ATTORNEY

Whereas CHIEF ENGINEER PROJECT CHETAK (CE) (the “Authority) has

invited Bids from interested parties for Development, Operation and
Maintenance of BRO Cafe through PPP mode on Design, Build, Finance,
Operate and Transfer (DBFOT) basis (the “Project”).
Whereas, , and (collectively the
“Consortium”) being Members of the Consortium are interested in bidding for
the Project in accordance with the terms and conditions of the Request for
Proposal document (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

, and having our registered office at
, [the respective names and addresses of the registered
office] (hereinafter collectively referred to as the “Principals”) do hereby
irrevocably designate, nominate, constitute, appoint and authorize 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 submission of its bid for the Project, including but
not limited to signing and submission
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
of all Bids, bids and other documents and writings, participate in bidders and
other conferences, respond to queries, submit information/ documents, sign
and execute contracts and undertakings consequent to acceptance of 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 lawfully 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 & Title) For

(Signature)

(Name & Title)

For
(Signature)

(Name & Title)

Witnesses:
1.
2.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

(Executants)

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

Notes:

• The mode of execution of the Power of Attorney should be in accordance

with the procedure, if any, laid down by the applicable law and the charter
documents of the executant(s) and when it is so required, the same should be
under common seal affixed in accordance with the required procedure.
• Also, wherever required, the Bidder should submit for verification the extract
of the charter documents and documents such as a resolution/ power of
attorney in favor of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Bidder.
• For a Power of Attorney executed and issued overseas, the document will
also have to be legalized by the Indian Embassy and notarized in the
jurisdiction where the Power of Attorney is being issued. However, the Power
of Attorney provided by Bidders from countries that have signed the Hague
Legislation Convention 1961 are not required to be legalized by the Indian
Embassy if it carries conforming Apostille certificate
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

APPENDIX V: JOINT BIDDING AGREEMENT FOR CONSORTIUM

(On a Non-Judicial Stamp Paper of appropriate value)

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

……… 20… AMONGST

1 .............. (a Sole Proprietorship, Partnership firm or a Company (Public or Private
Ltd.)2

incorporated under …………………………. 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. ………… (a Sole Proprietorship, Partnership firm or a Company (Public or

Private Ltd.)3
registered/ incorporated under ............... 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. ………… (a Sole Proprietorship, Partnership firm or a Company (Public or

Private Ltd.)4
registered/ incorporated under ......................... 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,

DIRECTOR GENERAL BORDER ROADS, represented by , and having

its principal office at Seema Sadak Bhawan, Delhi cantt, Ring Road,
Naraina, New Delhi 110010 (hereinafter referred to as the “CE” which
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
expression shall, unless repugnant to the context or meaning thereof,
include its administrators, successors and assigns) has invited Bids (the
Bids”) by its Request for Proposal No. ………… dated …………
(the “RFP”) for selection of bidder for Development, Operation and
Maintenance of BRO Cafe through PPP mode on Design, Build,
Finance, Operate and Transfer (DBFOT) basis ( the “Project”), CE (the
“Authority”).

2Please elect the correct option as per the nature and form of the entity. 3Please elect
the correct option as per the nature and form of the entity. 4Please elect the correct
option as per the nature and form of the entity.

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

B. It is a necessary condition under the RFP document that the

members of the Consortium shall enter into a Joint Bidding Agreement
and furnish a copy thereof with the Bid.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

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

2. Consortium
The Parties do hereby irrevocably constitute a consortium (the
“Consortium”) for the purposes of jointly participating in the Bidding
Process for the Project. 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 as the Selected Bidder and awarded the Project, it shall
incorporate a Special Purpose Vehicle (the “SPV”) under the Indian
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
Companies Act, 2013 for entering into a Concession Agreement with the
Authority and for performing all its obligations as the Concessionaire in
terms of the Concession Agreement for the Project.

4. Role of the Parties

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

a. Party of the First Part shall be the Lead member of the

Consortium and shall have the Power of Attorney from all Parties
for conducting all business for and on behalf of the Consortium
during the Bidding Process and until the Appointed Date under the
Concession Agreement when all the obligations of the SPV shall
become effective;

b. Party of the Second Part shall be the ------ Member of the Consortium

c. Party of the Third Part shall be the ----------- Member of the Consortium;
and

d. The roles and responsibilities of the Members of the Consortium

shall be as follows:

 The Party of the First Part (Lead Member) shall be responsible for:
i.
ii.

 The Party of the Second Part shall be

responsible for: (i)

(ii)
 The Party of the Third Part shall be responsible for:

(i)
(ii)

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for

all obligations and liabilities relating to the Project and in accordance
with the terms of the RFP, RFP and the Concession Agreement, till the
fifth anniversary of the date of commercial operations of the Project is
achieved under and in accordance with the Concession Agreement.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

6. Shareholding in the SPV

a. The Parties agree that the proportion of shareholding among the

Parties in the SPV shall be as follows:

 First Party:
• Second Party:
• Third Party:

b. The Parties together shall be required to hold an equity shareholding of

at least 51% (fifty one percent) of the paid up and subscribed equity
of the Concessionaire until 5 (five) years from the date of the
commercial operations. 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 the commercial operations, be held by the Parties of the
First, {Second and Third} Part whose Technical Capacity and
Financial Capacity have been reckoned for the purposes of
qualification and short-listing of Bidders for award of the Project.

c. In addition to the above, the Parties undertake that they shall

collectively hold an equity shareholding of at least 100% (one
hundred percent) of the paid up and subscribed equity of the
Concessionaire until date of execution of the Concession
Agreement and thereafter at least 51% (fifty-one per cent) of the
subscribed and paid-up equity share capital of the SPV at all times
until the 5th (fifth) anniversary of the date of the commercial
operations.

d. The Parties undertake that they shall comply with all equity lock-in
requirements set forth in the RFP, RFP and more particularly 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; and
 Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

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
favor of the person executing this Agreement for the delegation
of power and authority to execute this Agreement on behalf of the
member of the Consortium 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 organizational documents thereof;

iv. violate any clearance, permit, concession, grant, license or other

governmental authorization, approval, judgment, order or decree or any
mortgage agreement, indenture or any other instrument to which such
Party is a party or by which such Party or any of its properties or assets
are bound or that is otherwise applicable to such Party; or

v. create or impose any 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.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
8. Termination

This Agreement shall be effective from the date hereof and shall continue in full
force and effect until the fifth anniversary of the date of commercial operations
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 prequalified for the Project or does not get
selected for award of the Project, the Agreement will stand terminated in case the
Bidder is not pre-qualified or upon return of the Bid Security by the Authority to
the Bidder, as the case may be.

9. Miscellaneous

a) That in case the project is awarded to the Consortium, the Consortium

will carry out all the responsibilities as the Authorize and will comply with
all the terms and conditions of the Authorization Agreement as would be
entered with the Authority.

b) This Joint Bidding Agreement shall be governed by laws of India.

c) The Parties acknowledge and accept that this Agreement shall not be
amended by the Parties without the prior written consent of the
Authority.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED

For and on behalf of

LEAD MEMBER by:

SECOND PARTY

(Signature & Name)

(Designation)

(Address)

SIGNED, SEALED AND DELIVERED

For and on behalf of THIRD PARTY

(Signature) (Name) (Designation) (Address)

Notes:

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

[Link] Joint Bidding Agreement should attach a copy of the extract of the
charter documents and documents such as Resolution / Power of Attorney in
favor of the person executing this Agreement for the delegation of power and
authority to execute this Agreement on behalf of the Consortium Member.

3. For a Joint Bidding Agreement executed and issued overseas, the

document shall be legalized by the Indian Embassy and notarized in the
jurisdiction where the Power of Attorney has been executed.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
APPENDIX VI: GUIDELINES OF THE DEPARTMENT OF
DISINVESTMENT
(To be signed & submitted along with
the Bid)

No. 6/4/2001-DD-II Government of

India

Department of Disinvestment
Block 14, CGO Complex
New Delhi. Dated
13 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
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
the bidding party would result in disqualification. The decision in regard to
the relationship between the sister concerns would be taken, based on the
relevant facts and after examining whether the two concerns are substantially
controlled by the same person/ persons.

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

d. Any entity, which is disqualified from participating in the disinvestment

process, would not be allowed to remain associated with it or get
associated merely because it has preferred an appeal against the order
based on which it has been disqualified. The mere pendency of appeal will
have no effect on the disqualification.

e. The disqualification criteria would come into effect immediately and would
apply to all bidders for various disinvestment transactions, which have not
been completed as yet.

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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APPENDIX VII: SELF UNDERTAKING
(On Letter Head of the Bidder/All the members in Case of a Consortium)

Ref.

Date:

To
The Director General
Chief Engineer
Project Chetak
Village Bichhwal
Bikaner
Rajasthan 334006

Sub: Development, Operation and Maintenance of BRO Café at different

location through PPP mode on Design, Build, Finance, Operate and
Transfer (DBFOT) basis in Rajasthan state

Dear Sir/Madam,

I/We (Name of the Bidder) hereby take that I/We (Name of the Bidder) have
not been debarred/blacklisted/terminated by any Central Government/ State
Government/ Statutory Authority or Public Sector Undertaking (PSU).

Yours faithfully
(Signature, name and designation of the authorized signatory)

For and on behalf of …………………………………….

Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

APPENDIX VIII- SELF ASSESSMENT PERFORMA

1. A Bidder may be a Sole Proprietorship, Partnership firm or a

Company (Public or Private Ltd.) incorporated under the
Companies Act 1956/2013: Certificate of Incorporation/Registration
attached – Yes/No

2. Technical Capacity: The bidder shall have:

i. Experience of development of at least 1 (One) café project

wherein the investment should not be less than Rs. 60 Lakh
(Rupees Sixty Lakh Only); or

ii. Experience of development of at least 2 (Two) café projects

wherein the investment of each project should not be less than
Rs. 30 Lakh (Rupees Thirty Lakh Only); or

and

S. Name of the Date of Investment Proof of Project

(in Cost
No Project Completi INR Crores) and
. on of the Complet
Project ion
Enclosed(Yes/N
o)

iii. A valid FSSAI License

[Link]. License Valid Date Copy Enclosed

No

3. Financial Capacity:

i. The Bidder shall have an average annual Turnover of Rs. 30

Lakh (Rupees Thirty LAkh only) in last 3 (three) Financial Years
(2018-19; 2019-20,2020-2021)
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis
Year Amount Certificate from Audited
Statutory Financial
Auditor/Charted Statements
Accountant attached
attached ( Yes/No) (Yes/No)
2018-19
2019-20
2020-2021
Average Annual
Turnover

ii. The Bidder shall have a minimum Net Worth of Rs. 9 Lakh
(Rupees Nine Lakh only) at the closing of the preceding Financial
Year before the Bid Due Date

Description Amount ( in INR Certificate Audited

Cr.) from Financial
Statutory Statements
Auditor/Ch attached
arted (Yes/No)
Accountant
attached (
Yes/No)

Subscribed
Share
Capital

(add) Paid up
Share
Capital
(add) Free
Reserves
(Subtract)
(Revaluation
reserves +
Miscellaneous
Expenditure+
Expenditure
not written off+
accrued
liabilities)
Net-worth
* Details of the items included in the non-cash expenses have to be
provided.
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
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APPENDIX IX (A): FINANCIAL
PROPOSAL
Covering Letter

Date:
Place:

To
The Director General
Chief Engineer
Project Chetak
Village Bichhwal
Bikaner
Rajasthan 334006

Sub: Development, Operation and Maintenance of BRO Café at different

location through PPP mode on Design, Build, Finance, Operate and
Transfer (DBFOT) basis

Dear Sir/Madam,

I/We, ……………………… (Applicant’s name) herewith enclose the Financial

Proposal for selection of our firm as an Agency for above.

I/We agree that this offer shall remain valid for a period of 180 (One Hundred
and Eighty) days from the Proposal Due Date or such further period as may be
mutually agreed upon.

Yours faithfully,

(Signature, name and designation

of the authorized signatory)

Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
Transfer (DBFOT) basis

APPENDIX IX (B): FINANCIAL PROPOSAL (To be uploaded online

only)

the below table will be considered for Financial Proposal

[Link] Project/Name Total ACF (in Total ACF
. INR) (in
Words)
1. Development, Operation and
Maintenance of BRO Cafe
through PPP mode on Design,
Build, Finance, Operate and
Transfer in the State of
_______
Rows may be added by the bidder for each state he wants to quote ACF

Authorized Signature:

Name: …………………………….

Designation ……………………….

Name of firm: …

Address………………………

Note:

1. GST shall be paid separately as per prevailing rate and the same is not
required to indicated in Financial Proposal

2. All payment shall be made in Indian Rupees and shall be subject to

applicable Indian laws withholding taxes if any.

3. The financial proposal shall not include any conditions attached to it

and any such conditional financial proposal shall be rejected summarily
Development, Operation and Maintenance of BRO Cafe through PPP mode onDesign, Build, Finance, Operate and
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SCHEDULE - I

AS PER ANNEXURE-A OF SCHEDULE – II

Development, Operation and Maintenance of BRO Cafe on Lease Basis

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SCHEDULE - II

The facilities shall broadly have the amenities as described in Annexure-C and Annexure-D.
Major components of the work/scope of work are as under:

a) Development of mandatory facilities as specified in Annexure C for highway

users in accordance with the design and site-specific layouts for each BRO
Cafe at the Demised Land that has been awarded to the Lessee.

(i) Develop a fully operational facility as provided by the Lessor on as on

where is basis and as specified in Annexure E for usage and convenience of
highway users. The Lessee is required to make the facility operational within
a time frame of ____ months by constructing mandatory and suggested
facility as approved by BRO.

b) Construction and development of Suggested facilities, as applicable during

the course of the lease period at Demised Land, in area remaining after
development of mandatory facilities after prior written approval from Lessor.

(i) Lessee is allowed to construct and develop after prior written

approval for only those suggested facilities which are deemed permissible
at particular BRO Cafe by the Lessor as shared in Annexure D;

c) Operation and maintenance of all facilities in the BRO Cafe at Demised Land
in accordance with the provisions of this lease agreement;

d) Maintain landscaping of open area in the BRO Café.

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Annexure-A
List of sites where BRO Cafeare to be developed.

Development, Operation and Maintenance of BRO Cafe on lease basis

List of sites

Details of location of BRO Café in Rajasthan state

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Annexure-B

E-tender procedure

Procedure for e-tendering

1.1. It is mandatory for all the Bidders to have class-III Digital Signature Certificate
(DSC) (in the name of Authorized Signatory / Firm or Organization / Owner of
the Firm or organization) from any of the licensed Certifying Agency (Bidders can
see the list of licensed CAs from the link [Link]) to participate in e-
tendering of the Lessor.
DSC should be in the name of the authorized signatory as authorized in
Appendix III of this RFP. It should be in corporate capacity (that is in Bidder
capacity / in case of Consortium in the Lead Member capacity, as applicable).
The Bidder shall submit document in support of the class III DSC.
The Authorized Signatory holding Power of Attorney shall only be the Digital
Signatory. In case Authorized Signatory holding Power of Attorney and Digital
Signatory are not the same, the BID shall be considered non-responsive.
1.2. To participate in the bidding, it is mandatory for the Bidders to get registered
their firm / Consortium with e-procurement portal of the Lessor
[Link] which is free of cost. Following may kindly be noted:

(a) Registration with e-procurement portal of the Lessor should be valid at

least up to the date of submission of Bid.

(b) Bids can be submitted only during the validity of registration.

1.3. If the firm / Consortium is already registered with e-tendering service provider of
the Lessor, and validity of registration is not expired the firm / Consortium is not
required a fresh registration.
1.4. The complete Bid document can be viewed / downloaded by the Bidder from e-
procurement portal of the Lessor [Link] from ____ to
__________ (upto 1700Hrs. IST).

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Annexure-C
List of mandatory facilities

1. Km 44.40 on Barmer-Chohtan-Kelnore Road in state of Rajasthan, 700sqm

Facility
High Mast Lights
Landscaping
Toilet facility (separate for ladies, gents & Divyang with appropriate ramp and railing),
dustbin
Drinking Water
Wet Canteen
First Aid Room
Medical clinic
Car/Bus Parking

Similar details for each BRO Café location as per the list for bal 74 locs

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Annexure-D
List of permissible facilities

S.
Permissible Facilities in BRO Cafe
No.
1 Food court/restaurants
2 Dhabhas for truckers
3 Retail Arcade (Convenience Store, shops)
4 Tourist information kiosk
5 Village Haat
6 Motel/Rooms for short stay
7 Dormitory for drivers
8 Open air rest area with benches and tables
9 Self-laundry and cooking facility for truckers
10 Fuel station (along with air filling station,
puncture
repair & pollution check)
11 Vehicle repair shop
12 Car washing
Spare parts shop
13
14 First aid box
15 Internet Facility
16 ATM/ Bank
17 Emergency telephone connection*
18 Smoking zone
19
20
21
22
23
24
25
26

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Annexure-E

Typical Site Layout

Loc: Km 44.40 on Barmer-Chohtan-Kelnore Road in state of Rajasthan

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Annexure-F

Details of facilities to be developed:

Facilities must have a minimum of the amenities as per Annexure-C: The facilities shall
be developed as per following guidelines:

A. Guidelines for Parking

1. Pedestrian and Vehicular Movement
General Design Criteria for Paths and Parking

a) Traffic Safety: Design of all circulation routes and parking areas should
reflect good traffic engineering design practice to enhance the safety of users
during circulation and parking.

b) Aesthetics: Landscaping should be utilized to enhance the appearance of

paths and parking areas.

Minimum road widths: Passenger vehicle movement

i. One way drive: 3.5 m (min.)

ii. Two-way drive: 7.0 m (min.)
Two way car - truck/bus/trailer 7.0m (max vehicle width 2.45m)

Trailer/ Truck access

a) For one-way truck/trailer (access only): 4.0 m (movement into and out of
parking bays as per turning radii requirement of vehicles)
b) For two-way truck/trailer (access only): 8.0 m (movement into and out of
parking bays as per turning radii requirement of vehicles)
c) Recommended minimum radius: 22 m; turning radius should be based on
vehicles to be accommodated
d) Vehicles should circulate in a clockwise direction, making right hand turns,
permitting driver to see rear of unit when backing into parking space.

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e) Fire Lanes: Minimum width: 6 m; Engineered surface to support

recommended weight (as per Fire Code requirement)

2. Automobile Parking Facilities

Recommended Parking Stall
Sizes

a) Passenger Vehicle Stall size: minimum 2.5 m x 5.0 m, 90-degree parking

with two- way traffic movement. A standard stall (rather than a mix of full and
compact size spaces) is preferred.
b) Stalls in service/ delivery and loading dock areas should be adequately
designed to accommodate service vehicles, including large trucks if required.
c) Bus parking bay: 4.0 m x 13.5 m (min.)
d) Trailer parking bay: minimum 4.0 m (min.) x 13.5 m (or length of trailer + 1.5 m)
e) Road width between bays min.6.0m

Surface Parking Lots

a) Parking areas should be durable and ease of maintenance.
b) Lot should provide for adequate drainage and minimize puddling and erosion.
c) Lots accommodating over 50 vehicles should have at least two ingress/ egress
points.
iv. Where possible, select pervious paving materials and surface finishes
to reduce runoff and increase infiltration.

Service Areas and Truck Trailer Parking

a) Sufficient horizontal clearances and turning radii should be provided to
accommodate all service/ delivery and emergency vehicles, including long
truck trailers.
b) Adequate vertical clearance for vehicles and loading dock heights for trucks
should be provided to accommodate all service/ delivery and emergency
vehicles. Minimum vertical clearance: 5.5 m.
c) Where possible, delivery & service areas should be screened from view
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public used areas. Such screening should not create a security problem.
d) Lighting should support evening use and enhance safety.

B. Landscape Design Guidelines

The landscape/ site should respect existing attributes of the site while responding to the
context created by surrounding areas and facilities. One of the priorities thus must be to
design green spaces in an equitable way. Durable hard landscape materials, street
furniture, signage, and other features which can withstand wear, abuse, and vandalism
shall be used.

3. Topography
The existing topography of the site should be an important consideration in the design
of the highway facility. Significant natural landforms and drainage features such as
hilltops and drainage channels within or next to the site should be preserved where
possible.

4. Use of Plant Materials:

The habits of living plants should be fully understood in both plant selection and
landscape layout to avoid over-planting, excessive maintenance, excessive water
requirements and conflict between plantings and structures. Use plant materials in a
manner suitable to their growth habit and life span, minimizing future pruning and plant
removal. Use plants for their aesthetic as well as environmental uses.

The following functions may be considered when selecting plants.

a) Way finding and Space Articulation: Such as defining roads and paths with
tree rows; accentuating entry points and drop-off with plants having
interesting form, colour, or texture.

b) Screening undesirable views or service equipment.

c) Traffic Control: Plants should be used to direct people through the site in a
definite desired pattern or direction, and also as vehicle barriers.
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d) Glare and Reflection Control: A judicious balance between hard and soft
paved areas can minimize glare and reflection.

e) Solar Radiation Control: Plants can be used to filter or completely block out
the incident sun. Single or groups of plants can be used to control direct solar
radiation by shading the sun, or to intercept radiation reflected from hard
surfaces. Mix evergreen and deciduous planting to achieve summer shading
and winter solar access. Keeping paved areas to a minimum and increasing
vegetative cover (including large areas of ground cover -not limited to lawns)
reduces direct as well as reflected solar heat gain.

f) Noise Control: The effectiveness of plants to control sound levels is

determined by the sound - its Type, decibel level, intensity and origin; the
planting - Type, height, density, and location; and the climatic factors - wind
direction and velocity, temperature and humidity. Plants cannot screen out all
sound, but are effective at screening out sound levels sensitive to human
ears. Scattering and absorption of sound waves by plants, grass and
groundcovers, reduces sound levels. Excessive sound (noise) levels on
highways need careful consideration in the selection of plant materials to
maximize their sound attenuation properties.

5. Water Conservation and Plant Selection

a) Use drought tolerant plantings
b) Use native or naturalized plants at interfaces with natural open spaces, and
wherever desirable.
c) Grouping plantings which require more water in high use/high visibility areas,
and using plantings with lower water requirements in other less visible
locations.
d) Limiting use of turf to recreational use areas; use of groundcovers or
permeable surfaces for other areas.

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6. Landscape Furniture
Site furniture (response to site character) should be placed, where required, for the
comfort, convenience, information, circulation, control, protection and enjoyment of
users. Landscape/Street furniture may include the following elements:
a) Seating, Bollards, Kiosks, News Racks and Vending Machines
b) Light Standards, Landscape Pottery and Sculpture
c) Trash and Recycling Containers
d) Signage

7. Guidelines for landscapes in parking areas

a) Landscape development in parking areas shall be designed to provide safety
and comfort to the drivers and pedestrians, enhance the visual quality while
reducing auto noise, lights and glare, and ambient temperature.
b) All lots should receive landscape treatment (for example, screen plantings) for
visual enhancement, shade, and erosion control.
c) All lots should receive interior landscaping (planting islands or raised beds) to
enhance appearance and provide significant shade. Landscaping should
effectively divide lots into smaller paved expanses.
d) Provide a "finger" landscape island for tree plantation (every 10-15 stalls) to
sub-divide large parking lots.
e) Linear landscape islands must be a minimum of 3.0m wide, and ideally
without curbs, and designed to receive the runoff from the parking lot.
f) Parking lot trees shall be a minimum of 3.0m tall with stem diameter of 2.5 cm
(min.) at the time of plantation.
g) Parking lot trees shall be planted at a cleared distance from light standards so
the trees will not interfere with the lighting pattern of the light fixture. Light
standards shall be shown on conceptual plans and subsequent planting
plans.
h) All soil surfaces in the planting area shall be covered with shrubs and/or ground
covers.
i) Where possible select pervious paving material to increase infiltration

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To be summed up, the important Guidelines for Landscaping are as follows:

a) Respect existing attributes of the site
b) Respond to the context created by surrounding areas
c) Use of durable hard landscape materials, street furniture, signage, and other
features which can withstand wear, abuse, and vandalism

d) Develop a welcome sign and landscaping treatment- to be located directly at

the wayside amenities building

e) The landscaped areas should provide a much more complete, pleasurable

rest experience, with facilities for children play and others such as picnic
tables, benches, trash cans and other comfort facilities, in addition to
interpretive displays, for rest and relaxation.
f) Lighting, shading, signage, paving and creation of visual screens through
landscape elements are other critical considerations in landscaping.
g) Easy to read guide maps-roadmaps, map showing significant scenic, religious
or tourist destinations in close proximity, et cetera, must be installed at
strategic locations.
h) Use of landscaping as a noise barrier
i) Landscaped medians to give visual cues that can encourage drivers to
reduce speeds and park at demarcated parking areas

C. Lighting

All facilities should have proper lighting arrangement in ventilation system. The
specification should be in line with good industry practice.

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8. Guidelines for Lighting

Lighting should be to enhance the safety of vehicular and pedestrian flows. Lighting
shall be concentrated at intersections, especially with pedestrian paths. The fixtures
shall be designed for required roadway clearances of trucks and emergency equipment.

a) Lighting for Parking

 Lighting standards should be located within outdoor parking islands and to

prevent unwanted glare.

 Outdoor parking lots and their pedestrian links should be provided with a
"mini-mum maintained on the floor surface" of 16 lux of light on the parking
and 27 lux walkway surface during hours of darkness.

b) Pedestrian and Entry Lighting

 To ensure the safety of pedestrians at twilight and evening hours, light
fixtures shall be located along all pedestrian paths. The fixtures must be
positioned in such a manner as to minimize glare or distraction for the
pedestrian or motorist.
 For safety and easy identification, the entrances of buildings and parking
areas should be illuminated with a "minimum maintained" of 27 lux of light on
the floor surface during hours of darkness.

To be summed up, the significant guidelines for Lighting are as follows:

(a) Ensure maximum use of daylight within built areas

(b) Enhance safety of vehicular and pedestrian flows

(c ) Concentrate at intersections and pedestrian paths

(d) Fixture heights designed for roadway clearances

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D. Fire
a) Provide smoke detectors for all areas
b) Clearly mark all exits
c) Provide sprinkler system in kitchen and all high-risk areas
d) Install firefighting devices as per local fire norms
e) Provide fire tank as per local norms

E. Use of Alternative Energy

a) Use of solar power particularly in remote locations to the maximum extent is
highly recommended, and in all areas as back up for emergency and part
street lighting
b) Solar water heating for kitchen, guest rooms and toilets is to be encouraged,
particularly in areas with moderate climates or those with severe winter
conditions.

c) Wherever possible wind power to be used either for pumping water or

generation of electricity.
d) Auto shut off devices to be installed to save energy wherever possible

F. Standard layout and Specifications:

For execution, the specifications shall be borrowed from relevant MES/ CPWD
permanent building specifications duly complying the relevant BIS Codal
provisions and IRC stipulations if available. However, the new or modified
specifications shall be required to be approved by NHAI before incorporating the
same in execution.

G. Furnitures and Fixtures

a) Furniture and fittings and overall ambience shall generally conform to

minimum Two Star category standards as stipulated by the Department of
Tourism, Govt. of India (Except for Dhaba and Dormitory)

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b) The number of chairs / Beds / Table etc., shall not be less than the capacity
indicated in the relevant schedules. Mismatch of tables and chairs is not
permitted. The condition and quality of materials used shall be suitable such
that the furniture continues to be of meticulous condition, without evidence of
any wear and tear

c) Scope of work under furniture and fittings includes but not limited to the following:
i) Tables, luggage, beds, clothes storage, seating, etc.
ii) Soft furniture including, mattress, pillows, curtains, cushions etc.
iii) Fittings such as mirrors, light fittings, heating appliances, light shades etc.

d) Basic specifications for finishing schedule of furniture shall be as follows:

Table 1

Food Court
Finished with polished Granite Slab (18mm thick) / Acrylic Polymer or similar
materials.
Tabletop with polished granite slabs or Acrylic polymer slabs or similar
materials supported by stainless steel frame / pedestal or with similar
materials.
Modular chairs with legs of stainless steel or similar materials.
Conference Hall
Polished fittings wooden sofas / veneer with top and bottom Melamine
finish or Factory-made modular conference table.
Revolving Chairs with arms
Shall conform to minimum standards specified under the food court.
However, a higher standard of furniture and fittings to match the
branding standards of the operator is permitted
Rooms
The furniture for rooms shall include the following
Twin Writing
Bed Mini Bar Table Luggag
Easy Chair Side
(900x1800 (800x600 (1200x60 e
Tables
) ) 0) Rack
Double Bed
(1800x180
0)
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The finishing of the furniture shall be of laminate or veneer with Melamine

polish.
Dhaba / Dormitory
As required for operations to suite local conditions.

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Annexure G

9. Maintenance

1.1. Sequence of Cleaning

General cleaning should be carried out daily. It should follow a systematic

sequence to avoid areas, which were previously cleaned from becoming wet
and soiled again before the cleaning process is completed.

The general cleaning should be divided into spot and thorough cleaning.
Spot cleaning refers to the process whereby only specific areas are cleaned,
Thorough cleaning refers to the cleaning of the entire restroom and is
usually carried out once a day. The sequence of cleaning should follow this
checklist:

(a) Replace all expendable supplies

(b) Pick up litter and sweep floor
(c) Clean and sanitize commodes and urinals
(d) Clean and sanitize basins
(e) Clean mirrors and polish all bright work
(f) Spot-clean walls, ledges, vents and partitions
(g) Wet-mop floors
(h) Inspect work and correct any errors

An inspection card should be used in the supervising and monitoring of the

daily maintenance of the toilet. This card should be placed at the back of the
entrance door to the toilet. A copy of the inspection card is shown herein
annexed at Table-1.

1.2. Schedule Cleaning

Scheduled cleaning should be carried out periodically on a weekly,

fortnightly or monthly basis (different surfaces, wares and fittings require
different cleaning periods to maintain their cleanliness).

Scheduled cleaning should be carried out during off-peak hours to avoid

inconveniencing the user. The periodic cleaning schedule shown Table- 142

2 annexed herein should be adopted.

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1.3. Timing and Frequency of Cleaning

The timing and frequency of cleaning should be determined by the crowd

flow. Cleaning should be done more often during peak hours and less during
off-peak hours.

1.4. Basic Equipment and Supplies

Different equipment for different joints and corners, as well as different

disinfectants, should be used in the cleaning of different sanitary wares and
fittings. To carry out proper toilet maintenance, cleaners should have the
equipment listed in Table-3annexed herein.

1.5. Correct Use of Cleaning Agents

Cleaners of public toilets should be trained in the proper usage of specific

cleaning, agents and equipment for different types of materials and finishes
in the toilets, e.g. tiles, mirrors, stainless steel. A recommended list of the
appropriate type of cleaning agents for the different types of finish is shown in
Table-4 annexed herein

1.6. Mechanical Ventilation System

Mechanical ventilation systems should be: -

(a) Properly maintained to ensure maximum efficiency and

optimal operating conditions.

(b) Checked and serviced on a monthly basis. Cleaning of the

systems should also be done weekly via wiping or dusting.

1.7. Training

Toilet cleaners / Toilet attendant should be properly trained and certified to

perform the task well. Supervisors should also be trained with the right
knowledge and skills to effectively supervise the cleaners.

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1.8. Performance-Based Contracts

Toilet operators who engage cleaning labour / staff for toilet cleaning should
specify in their contract a performance-based outcome rather than
headcount-based outcome. The performance- based contract should also
stipulate a requirement for trained cleaners.

1.9. User Education

Having public education messages in the toilets can help persuade users to
do their part in keeping toilets clean. And other social message help to
commuters as well-maintained hygienic conditions as well as comfort to all.

1.10. Persuading Users to do their Part

Having public education messages in the toilets can help persuade users to
do their part in keeping toilets clean.

In order to be effective in persuading people to do their part, a message has to be

(a) attended to
(b) assimilated
(c) remembered (for future action)

10. Signages for all PTUs

(a) Each PTUs displays a sign board “Maintained by (Name of Agency)

for NHAI” along with the NHAI logo and well lit at inconspicuous
area. The e-mail address of concessionaire and Engineer-in-
charge with telephones numbers for any suggestion and
complaint by the user.
(b) LED signage of appropriate size at least in two number, shall be put
on the PTUs as most visible locations for general public display ‟Free
Public Conveniences” in Hindi &English language.

(c) All the signage shall be preferably in Stainless Steel Plate for the following
information:
Hand Dryers, Gents Toilet, Ladies Toilet, Toilet for Divyang, Dustbin, No
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(d) Social Message ‘keep the Toilet Clean’, ‘Save Water’ ‘Use Dustbin’
‘Don’t Spit’ ‘Wash your Hand’ etc.
(e) Totem board (LED Lit) near each PTU as per approved design /
specification and as per feasibility.
11. Message Design

The message shall be readable for people readily attend to visuals. This
makes the use of visuals an important part of the design of the message.
Generally, visuals should be
(a) Simple and uncluttered

(b) Attractive
(c ) Eye-catching

The language of public education has to be kept simple. This helps ensure
that the message reaches all regardless of their educational level. It also
ensures that the message is attended to, understood and remembered for
future action.
(i) Jargon, big words and long sentences should be avoided.

(ii) Slogans can be very effective because they are short, catchy
and easy to remember.
12. Message Placement
The usual means of message placement in public toilets are posters and
stickers. To maximize the effectiveness of the message, the right medium
and manner of displace should be selected.
The main purpose of user education is to address specific behavioral
concerns such as littering, careless aiming or the flinging of water
everywhere

The message should be placed strategically at the spot where the problem
behavior occurs. For example: on the wall above the urinal – to encourage
better aiming; At the wash basin area – to discourage flinging of water
everywhere. Posters can be used to convey generic messages such as
“Help Keep This Toilet Clean and Nice”.

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