4[1]. Redevelopment of Malleshwaram Market - Request for Pro

39
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Transcript of 4[1]. Redevelopment of Malleshwaram Market - Request for Pro

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MMMaaarrrk k k eeettt,,, BBBaaannngggaaalllooorrreee 

RREEQQUUEESSTT FFOORR PPRROOPPOOSSAALL 

BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliik k ee NN RR SSqquuaarree,, BBaannggaalloorree 

JJuunnee 22000077 

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Request for Proposal 11 

Instructions to Bidders

Disclaimer

The information contained in this Request for Proposal ("RFP") document provided to

Bidder(s) whether verbally or in documentary form by or on behalf of Bruhat

Bangalore Mahanagara Palike (BBMP) or Government of Karnataka (GoK) (both

BBMP and GoK together referred to as "Government Representatives") or any of 

their employees or advisors, is provided to the Bidder(s) on the terms and conditions

set out in this RFP document and all other terms and conditions subject to which such

information is provided.

This RFP document is not an agreement. This is not an offer or invitation by the

Government Representatives to any other party. The purpose of this RFP document is

to provide the Bidder(s) with information to assist the formulation of their Proposals.

This RFP document does not purport to contain all the information each Bidder may

require. This RFP document may not be appropriate for all persons, and it is not

possible for the Government Representatives, their employees or advisors to consider

the investment objectives, financial situation and particular needs of each Bidder who

reads or uses this RFP document. Each Bidder should conduct its own investigations

and analysis and should check the accuracy, reliability and completeness of the

information in this RFP document and where necessary obtain independent advice

from appropriate sources. The Government Representatives, their employees and

advisors make no representation or warranty and shall incur no liability under any

law, statute, rules or regulations as to the accuracy, reliability or completeness of theRFP document.

The Government Representatives may in their absolute discretion, but without being

under any obligation to do so, update, amend or supplement the information in this

RFP document.

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Request for Proposal 22 

Instructions to Bidders

Contents of RFP

Part I Instructions to Bidders

Part II Draft Concession Agreement

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Request for Proposal 33 

Instructions to Bidders

TABLE OF CONTENTS

Section No. Contents Page No.

1 Introduction 4

2 Bidding Process 5

3 Criteria for Qualification 18

4 Criteria for Evaluation 21

5 Schedule of Bidding Process 22

Appendices

A Format for Covering Letter cum Project Undertaking 23

B Format for Power of Attorney for signing of Proposal 24

C Format for Power of Attorney for Lead member consortium 25

D Format for Anti-Collusion Certificate 26

E Format for Bank Guarantee for Bid Security 27

F Format for Details of Bidder 29

G Format for Experience of the Bidder 30

H Format for Financial Capability of the Bidder 31

I Format for Technical Proposal 32

J Format for Financial proposal 34

K Details of Market 35

L Scope of Work 37

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Request for Proposal 44 

Instructions to Bidders

1. INTRODUCTION

1.1  Background

1.1.1  Malleswaram is an important commercial and residential hub in Bangalore. Bruhat

Bangalore Mahanagara Palike (BBMP) is the owner of the land of existing

Malleswaram market (represented as Part A in Appendix K) on Sampige Road, and

the site opposite the market (represented as Part B in Appendix K). The shops in the

existing Malleswaram Market and on the plot of land opposite the Market have been

allotted to individual shop keepers on license. Details of the Market Site both Part A

and Part B are provided in Appendix K. The increased commercial activity

surrounding the market has necessitated additional parking facilities for the visitors of 

the commercial establishments. As a result, it is proposed to provide additional

parking facility in the redeveloped facility.

1.1.2  With an objective to provide better facilities to the residents and for better

commercial utilisation of the BBMP land and the site, BBMP proposes to redevelop

the market, provide parking facilities and allow the developer to construct and

maintain a commercial facility with private sector participation.

1.1.3  The Project is to be developed under a Design - Build – Operate – Transfer (DBOT)

for a Concession period of 30 years. The role of the developer is to design, engineer,

finance, procure, redevelop, construct, maintain, manage and transfer the market and

the opposite site as per standards set out in the Concession Agreement.

1.1.4  The developer would need to construct the shops for rehabilitation of the existingshopkeepers in Part A, in the site opposite the market (represented as Site B). After

the completion of Market Complex for rehabilitation in Part B, BBMP will shift its

licensee (272 shopkeepers) and make the existing Malleswaram Market site

(represented as Part A) available for the developer for the development of commercial

complex and multilevel car parking. The developer would construct and handover to

BBMP, the facilities in Part B area and subsequently maintain the same during the

Concession Period. The Commercial Complex and parking facilities in Part A shall

be developed and maintained by the developer over the concession period and

handback of the Project Facility (Part A) to BBMP shall be at the end of Concession

Period. The developer, who pays Highest Quarterly Concession Payment to BBMP,

shall be selected, subject to the fulfilment of other conditions in this RFP.

1.1.4 Upon completion of construction, the Project Facility shall be maintained as per

specifications set out in the draft Concession Agreement. The maintenance of the Part

B will also be the responsibility of the Concessionaire. A brief scope of work is set

out in Appendix L.

1.1.5 Terms used in this RFP document which have not been defined herein, shall have the

meaning ascribed thereto in the draft Concession Agreement.

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Request for Proposal 55 

Instructions to Bidders

2. BIDDING PROCESS

A. General

2.1  Scope of Proposal

2.1.1  BBMP wishes to receive Proposals from interested parties for the Project in order to

identify the Successful Bidder.

2.1.2  The Proposals would be evaluated on the basis of the evaluation criteria set out in this

RFP document (“Criteria for Qualification” and “Criteria for Evaluation”) in order to

identify the Successful Bidder for the Project (“Successful Bidder”). The Successful

Bidder would then have to enter into a Concession Agreement with BBMP, and

perform its obligations as stipulated therein in respect of the Project. The draft

Concession Agreement forms part of this RFP document.

2.1.3  BBMP intends to adopt a single stage-three cover competitive bidding process, in

accordance with the Karnataka Transparency in Public Procurement Act, 1999, for

selection of a Successful Bidder for the Project. Bidders would be required to furnish

the information in three separate sealed envelopes. The first envelope would have the

documentary proofs for Qualification requirements (experience and financial

capability), second envelope would have the Technical Proposal and the third

envelope would have the Financial Proposal.

2.2  Eligible Bidders

2.2.1  The Bidders eligible for participating in the bidding process shall be any one of the

following two categories:

Category 1: A single Business Entity defined as a company incorporated under the

Companies Act, 1956 and if it is a foreign company under an equivalent

law abroad.

Category 2: In case the Bidder, which is a Business Entity (hereinafter called as

“Lead Member”) intends to associate with others it could associate with

another Business Entity (hereinafter called as “Associate member”) and

with whom a valid Memorandum of Understanding (MoU) formalising

such an arrangement should be in place. This joint entity shall

hereinafter be referred as "Consortium."

An individual or proprietorship Concern or a partnership firm is not eligible to apply

for the project either on their own or as part of a consortium.

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Request for Proposal 66 

Instructions to Bidders

2.2.2  The Bidder should submit a Power of Attorney as per the format enclosed in

Appendix B, authorising the signatory of the Proposal to commit the Bidder.

2.2.3 Proposals submitted by a Consortium should comply with the following additional

requirements:

a.  The number of members in a Consortium would be limited to Two (2)

members;

b.  The Proposal should contain the information required from each member;

c.  The Proposal should include a description of the roles and responsibilities of 

the members;

d.  A Bidder who has applied for a Project in its individual capacity or as part of 

a Consortium cannot participate as a member of any other Consortium

applying for the Project;

e.  The members of the Consortium shall execute a Power of Attorney as per the

format enclosed at Appendix C.

f.  The members of the Consortium shall enter into a Memorandum of 

Understanding (MoU) for the purpose of making the Proposal and execution

of the Concession Agreement in the event of being selected.

The MoU should, inter alia:

(i)  Convey the intent to form a joint venture company to be incorporated as a

company under the Companies Act with shareholding pattern in

accordance with Section 3 of this RFP. Such joint venture company,

would enter into the agreement/s and subsequently carry out all the

responsibilities of the successful bidder in terms of the agreement/s, in

case the Project is awarded to the Consortium;

(ii)  Indicative sources of financing.

(iii)  Clearly outline the proposed roles and responsibilities of each member of 

the Consortium;

(iv)  Include a statement to the effect that all the members of the Consortium

shall be liable jointly and severally for the implementation of the Project

in accordance with the terms of the Concession Agreement.

  A copy of the MoU should be submitted with the Proposal. The MoU entered into

between the members of the Consortium should be specific to this Project and should 

contain the above requirements, failing which the Proposal shall be considered non-

responsive.

2.2.4 Any entity which has been barred by BBMP, Government of Karnataka (GoK), any

other State Government in India (SG) or Government of India (GoI), or any of the

agencies of GoK/SG/GoI participating in infrastructure projects (BOT or otherwise)

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Request for Proposal 77 

Instructions to Bidders

and the bar subsists as on the Proposal Due Date, would not be eligible to submit a

Proposal, either individually or as member of a Consortium.

2.3  Number of Proposals

Each Applicant shall submit only one (1) Proposal, in response to this RFP. Any

Bidder, who submits more than one Proposal, will be disqualified.

2.4  Proposal Preparation Cost

The Bidder shall be responsible and shall pay for all of the costs associated with the

preparation of its Proposal and its participation in the bidding process. BBMP will not

be responsible or in any way liable for such costs, regardless of the conduct or

outcome of the bidding process.

2.5  Project Inspections and Visit to the Site/s

2.5.1  Bidders may carry out Project inspections/ site visit/s at any time at their cost.

2.5.2  The Bidder would be granted permission by BBMP for visit of the Project site on

receipt of a formal written request, reasonably in advance of the proposed date of 

visit.

2.5.3  It is desirable that each Bidder submits its Proposal after visiting the site and

ascertaining for itself the location, surroundings, or any other matter considered

relevant by it.

2.5.4  It would be deemed that by submitting the Proposal for RFP, the Bidder has:

a.  made a complete and careful examination of terms & conditions / requirements,

and other information set forth in this RFP document

b.  received all such relevant information as it has requested from BBMP; and

c.  made a complete and careful examination of the various aspects of the Project

including but not limited to:

i.  the property on which the market is located;

ii.  the property opposite to the market (site for rehabilitation of shops and

provision of multilevel parking)

iii. 

structures which are not to be altered ( temples and park in the existingmarket site)

iv.  availability of parking space and prospects of developing the same in

future

v.  existing facilities and structures;

vi.  the conditions of the access roads and utilities in the vicinity of the Project

Site;

vii.  conditions affecting transportation, access, disposal, handling and storage

of materials;

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Request for Proposal 88 

Instructions to Bidders

viii.  clearances obtained by BBMP for the Project; and

ix.  all other matters that might affect the Bidder's performance under the

terms of this RFP document.

2.5.5  BBMP shall not be liable for any mistake or error on the part of the Bidder in respectof the above.

2.6  Right to Accept or Reject any of the Proposals

Notwithstanding anything contained in this RFP, BBMP reserves the right to accept

or reject any Proposal or to annul the bidding process or reject all Proposals, at any

time without any liability or any obligation for such rejection or annulment, without

assigning any reasons.

BBMP reserves the right to reject any Proposal if:

a.  at any time, a material misrepresentation is made or discovered, or

b.  the Bidder does not respond promptly and diligently to requests for

supplemental information required for the evaluation of the Proposal

Rejection of the Proposal by BBMP as aforesaid would lead to the disqualification of 

the Bidder. If such disqualification / rejection occurs after the bids have been opened

and the best bidder gets disqualified / rejected, then BBMP reserves the right to:

a.  either invite the Bidder with the next best offer for negotiations,

OR

b.  take any such measure as may be deemed fit in the sole discretion of BBMP,including annulment of the bidding process.

BBMP reserves the right to invite revised Proposals from Bidders with or without

amendment of the RFP at any stage, without liability or any obligation for such

invitation and without assigning any reason.

B. Documents

2.7  Contents of RFP

The RFP Document comprises the contents as listed below, and would additionallyinclude any Addenda issued in accordance with Clause 2.8.

Part I Instructions to Bidders

Part II Draft Concession Agreement

2.8  Amendment of RFP

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Request for Proposal 99 

Instructions to Bidders

2.8.1  At any time prior to the Proposal Due Date, BBMP may, for any reason, whether at

its own initiative or in response to clarifications requested by a Bidder, modify the

RFP Document by the issuance of Addenda.

2.8.2  Any Addendum thus issued will be sent in writing to all those who have purchased

the RFP Document and to those who have downloaded the RFP Document from the

website (www.bmponline.org) and have duly intimated this fact to BBMP giving

their particulars including address for communication by fax (Registered Bidders).

Bidders shall promptly acknowledge receipt thereof to BBMP.

2.8.3  In order to provide the Bidders a reasonable time to examine the Addendum, or for

any other reason, BBMP may, at its own discretion, extend the Proposal Due Date.

2.9  Clarifications

A prospective Bidder requiring any clarification on the RFP document may notify

BBMP in writing by fax / registered post / courier to the following:

Deputy Commissioner

(Market) Division

Dasappa Hospital Compound

2nd Floor, Bangalore - 560 -002.

Fax: 080 – 22223194

The Bidders should send in their queries latest by the Last date of receiving queries

mentioned in Section 5, Schedule of Bidding Process. BBMP would endeavour torespond to the queries by the date mentioned in the Schedule of Bidding Process. The

responses will be sent by fax / post. BBMP will forward its responses, at its sole

discretion, to all purchasers of the RFP Document and to those who have downloaded

the document from the website and intimated the same to BBMP, along with their

contact details, which would include a description of the enquiry and the response of 

BBMP without identifying the source of the enquiry. The responses would also be

posted on BBMP's website.

C. Preparation and Submission of Proposal

2.10  Language and Currency

2.10.l The Proposal and all related correspondence and documents should be written in the

English language. Supporting documents and printed literature furnished by Bidder

with the Proposal may be in any other language provided that they are accompanied

by appropriate translations of the pertinent passages in the English language.

Supporting materials, which are not translated into English, may not be considered.

For the purpose of interpretation and evaluation of the Proposal, the English language

translation shall prevail.

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Request for Proposal 1100 

Instructions to Bidders

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

reserves the right to use any suitable exchange rate, if the Proposal is submitted in any

other currency for the purpose of uniformly evaluating all Bidders.

2.11  Bid Security

2.11.1  Proposals would need to be accompanied by a bid security for an amount of 

Rs.10,00,000 /- (Rupees. Ten Lakhs) (“Bid Security”). The Bid Security shall be kept

valid throughout the Proposal Validity Period and would need to be extended if so

required by BBMP for any extension in Proposal Validity period.

2.11.2  The Bid Security shall be in the form of a Bank Guarantee in favour of BBMP issued

by any scheduled bank in India, payable at Bangalore substantially in the form set out

in Appendix E.

2.11.3  The Bid Security shall be returned to the unsuccessful Bidders within a period of 

eight (8) weeks from the date of announcement of the Successful Bidder. The Bid

Security submitted by the Successful Bidder shall be released upon signing of the

Concession Agreement.

2.11.4  The Bid Security shall be forfeited in the following cases:

a.  If the Bidder modifies or withdraws its Proposal except as provided in Clause

2.17.

b.  If the Bidder withdraws its Proposal during the interval between the Proposal

Due Date and expiration of the Proposal Validity Period.c.  If any information or document furnished by the Bidder turns out to be

misleading or untrue in any material respect

d.  If the Bidder does not execute the Concession Agreement within the time

frame mentioned

2.12  Validity of Proposal

Proposal shall remain valid for a period not less than forty (40) weeks from the

Proposal Due Date ("Proposal Validity Period"). BBMP reserves the right to reject

any Proposal, which does not meet this requirement.

2.13  Extension of Validity of Proposal

2.13.1  In exceptional circumstances, prior to expiry of the original Proposal Validity Period,

BBMP may request Bidders to extend the Proposal Validity Period for a specified

additional period.

2.13.2  Prior to expiry of the Proposal Validity Period, BBMP may request the Bidders to

extend the period of validity for a specified additional period. A Bidder may refuse

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Request for Proposal 1111 

Instructions to Bidders

the request without forfeiting its Bid Security. A Bidder agreeing to the request will

not be allowed to modify its Proposal, except as provided under Clause 2.18 but

would be required to extend the validity of its Bid Security for the period of 

extension.

2.13.3  The Successful Bidder shall, where required, extend the Proposal Validity Period till

the date of execution of the Concession Agreement.

2.14  Format and Signing of Proposal

2.14.1 Bidders would provide all the information as per this RFP and in the specified format.

BBMP would evaluate only those Proposals that are received in the required format

and complete in all respects.

2.14.2 The Bidder shall prepare one original of the documents comprising the Proposal and

clearly marked “ORIGINAL”. In addition, the Bidder shall make one (1) copy of theProposal, clearly marked “COPY”. In the event of any discrepancy between the

original and the copy, the original shall prevail.

2.14.3 The Proposal and its copy shall be typed or written in indelible ink and the Bidder

shall initial each page. The person signing the Proposal shall initial all the alterations,

omissions, additions, or any other amendments made to the Proposal.

2.15  Sealing and Marking of Proposals

2.15.1  The bidder shall submit the proposal in the Three Cover system. The Qualification

criteria, the Technical Proposal and the financial Proposal shall be sealed in threeseparate covers, clearly marking each of the envelopes as Cover I, Cover II and Cover

III, respectively. All the sealed covers shall then be placed in a single outer cover,

clearly marking the envelope as “ORIGINAL”.

2.15.2  Similarly, the copies of three parts of the Proposal shall be sealed in separate

envelopes and placed in a single larger cover, clearly marking the envelope as

“COPY”.

2.15.3  Both the original and the copy shall be placed in a single larger envelope and sealed.

2.15.4  Each envelope (original and copy) shall clearly bear the following identification:

“Proposal for Redevelopment of Malleswaram Market, Bangalore”

“Name of the Bidder”

and shall contain:

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Request for Proposal 1122 

Instructions to Bidders

Cover I

a.  Covering Letter-cum-Project Undertaking, clearly stating the validity of the

Proposal as per format enclosed as Appendix A.

b.  Power of Attorney for Signing of Proposal as per the format enclosed asAppendix B.

c.  Power of Attorney for lead member of consortium as per format enclosed as

Appendix C

d.  Anti-Collusion Certificate as per the format enclosed as Appendix D.

e.  Bid security in the form of Bank Guarantee as per the format enclosed as

Appendix E.

f.  Details of Bidder along with supporting documents as per the format

enclosed as Appendix F.

g.  Capability as to the Experience of the Bidder as per the format enclosed as

Appendix G

h.  Financial Capability Statement of the Bidder as per the format enclosed as

Appendix H.

i.  Bank Draft of Rs. 5000 / - towards the cost of the RFP document in favour of 

Commissioner, Bruhat Bangalore Mahanagara Palike (in case the same has

been downloaded from BBMP website). In case the document is purchased

from BBMP, a photocopy of the receipt of the payment is to be enclosed.

Cover II

a.  Technical Proposal as per details provided in Appendix I. 

Cover III

a. In a separate sealed envelope, financial proposal as per the format enclosed as

Appendix J.

2.15.5  The envelopes shall be addressed to:

Attn. of Deputy Commissioner – Markets

Address Deputy Commissioner

(Market) Division

Dasappa Hospital Compound

2nd Floor, Bangalore - 560 -002.

2.15.6  If the envelopes are not sealed and marked as instructed above, BBMP assumes no

responsibility for the misplacement or premature opening of the contents of the

Proposal submitted and such Proposal may at the sole discretion of BBMP, be

rejected.

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BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliikkee DRAFT FOR DISCUSSION 

Request for Proposal 1133 

Instructions to Bidders

2.16  Proposal Due Date

2.16.1  Proposals should be submitted before 1600 hours IST on the Proposal Due Date

mentioned in the Schedule of Bidding Process, to the address provided in Clause2.15.3 in the manner and form as detailed in this RFP. Proposals submitted by either

facsimile transmission or telex will not be acceptable.

2.16.2  BBMP may, in exceptional circumstances, and at its sole discretion, extend the

Proposal Due Date by issuing an Addendum in accordance with Clause 2.8 uniformly

for all Bidders.

2.17  Late Proposals

2.17.1  Any Proposal received by BBMP after the Proposal Due Date will be returned

unopened to the Bidder.

2.18  Modifications/ Substitution/ Withdrawal of Proposals

2.18.1  The Bidder may modify, substitute, or withdraw its Proposal after submission,

provided that written notice of the modification, substitution, or withdrawal is

received by BBMP by the Proposal Due Date. No Proposal shall be modified,

substituted, or withdrawn by the Bidder after the Proposal Due Date.

2.18.2  The modification, substitution, or withdrawal notice shall be prepared, sealed,

marked, and delivered in accordance with Clause 2.14 and 2.15, with the envelopes

being additionally marked “MODIFICATION”, “SUBSTITUTION” or“WITHDRAWAL”, as appropriate.

2.18.3  Withdrawal of a Proposal during the interval between the Proposal Due Date and

expiration of the Proposal Validity Period would result in forfeiture of the Bid

Security in accordance with Clause 2.11 of this document.

2.19 Pre-Proposal Meeting(s)

2.19.1 To clarify and discuss issues with respect to the Project and the RFP, BBMP may

hold Pre-Proposal meeting(s).

2.19.2  Prior to the Pre-Proposal meeting, the Bidders may submit a list of queries, if any, on

the Project requirements and/or the Concession Agreement. Bidders must formulate

their queries and forward the same to BBMP as per RFP Time Schedule prior to the

meeting. BBMP may, in its sole discretion or based on inputs provided by Bidders

that it considers acceptable, amend the RFP.

2.19.3  Bidders may note that BBMP will not entertain any deviations to the RFP at the time

of submission of the Proposal or thereafter. The Proposal to be submitted by the

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Request for Proposal 1144 

Instructions to Bidders

Bidders would have to be unconditional and unqualified and the Bidders would be

deemed to have accepted the terms and conditions of the RFP with all its contents

including the Draft Concession Agreement. Any conditional Proposal shall be

regarded as non-responsive and would be liable for rejection.

2.19.4  BBMP will endeavour to hold the Pre-Proposal meeting(s) as per RFP Time

Schedule. The details of the meeting will be separately communicated to the Bidders.

2.19.5  Attendance of the Bidders at the Pre-Proposal meeting(s) is not mandatory. However,

subsequent to the meeting, BBMP may not respond to queries from any Bidder.

2.19.6  All correspondence / enquiries should be submitted to the following in writing by fax/ 

registered post / courier:

Attn. of Deputy Commissioner – Markets

Address Deputy Commissioner(Market) Division

Dasappa Hospital Compound

2nd Floor, Bangalore - 560 002.

2.19.7  No interpretation, revision, or other communication from BBMP regarding this

solicitation is valid unless it is in writing and is signed by an officer not below the

rank of Deputy Commissioner - Markets, BBMP. BBMP may choose to send to all

Bidders, written copies of BBMP's responses, including a description of the enquiry,

but without identifying its source, to all the Bidders.

D. Evaluation of Proposal

2.20 Proposal Opening

2.20.1 BBMP would open the Proposals on any working day within 30 days of the Proposal

Due Date for the purpose of evaluation. The Bidders would be requested to be present

for the opening of Proposals for Cover I and Cover III only. ( Refer clause 2.15) 

2.20.2  Proposals for which an acceptable notice of withdrawal has been submitted in

accordance with Clause 2.18 shall not be opened.

2.20.3  BBMP would subsequently examine and evaluate Proposals in accordance with thecriteria set out in Section 3 and 4.

2.20.4  BBMP reserves the right to reject any Proposal, if:

a.  at any time, a material misrepresentation is made or discovered;

or

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Request for Proposal 1155 

Instructions to Bidders

b.  the Bidder does not respond promptly and diligently to requests for

supplemental information required for the evaluation of the Proposal.

2.21  Confidentiality

Information relating to the examination, clarification, evaluation, and

recommendation for the Bidders shall not be disclosed to any person not officially

concerned with the process. BBMP will treat all information submitted as part of 

Proposal in confidence and would require all those who have access to such material

to treat the same in confidence. BBMP will not divulge any such information unless it

is ordered to do so by any authority pursuant to applicable law or order of a

competent court or tribunal, which requires its disclosure.

2.22  Tests of Responsiveness

2.22.1  Prior to evaluation of Proposals, BBMP will determine whether each Proposal isresponsive to the requirements of the RFP. A Proposal shall be considered responsive

if the Proposal:

a.  is received before 1600 Hrs (IST) on the Proposal Due Date including any

extension thereof pursuant to Clause 2.16.2.

b.  is signed, sealed and marked as stipulated in Clause 2.15.

c.  contains the information and documents as requested in the RFP.

d.  contains information in formats specified in the RFP.

e.  mentions the validity period as set out in Clause 2.12.

f.  it provides the information in reasonable detail. ("Reasonable Detail" means

that, but for minor deviations, the information can be reviewed and evaluatedby BBMP without communication with the Bidder). BBMP reserves the right

to determine whether the information has been provided in reasonable detail.

g.  there are no inconsistencies between the Proposal and the supporting

documents.

2.22.2  A Proposal that is substantially responsive is one that conforms to the preceding

requirements without material deviation or reservation. A material deviation or

reservation is one which,

a.  affects in any substantial way, the scope, quality, or performance of the

Project/s, orb.  limits in any substantial way, inconsistent with the RFP document, BBMP's

rights or the Bidder's obligations under the Concession Agreement, or

c.  unfairly affects the competitive position of other Bidders presenting

substantially responsive bids.

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Request for Proposal 1166 

Instructions to Bidders

2.22.3  BBMP reserves the right to reject any Proposal which is non-responsive and no

request for alteration, modification, substitution or withdrawal shall be entertained by

BBMP in respect of such Proposals.

2.23 Clarifications

To assist in the process of evaluation of Proposals, BBMP may, at its sole discretion,

ask any Bidder for clarification on its Proposal or substantiation of any of the

submissions made by the Bidder. The request for such clarification or substantiation

and the response shall be in writing or by facsimile. No material change in the

substance of the Proposal would be permitted by way of such clarification / 

substantiation.

2.24 Consultant(s) or Advisor(s)

To assist in the examination, evaluation, and comparison of Proposals, BBMP may

utilise the services of consultant(s) or advisor(s).

2.25.1  Proposal Evaluation

2.25.1  Evaluation of Proposals shall be carried out as indicated below and in more detail in

Section 3 and 4.

  Stage I: The proposals would be checked for responsiveness to the RFP.

  Stage II: Such Bidders whose proposals have been found to be responsive

would need to satisfy the qualification criteria as per Section 3  Stage III: Technical Proposals of such Bidders who satisfy the above criteria

would be evaluated as set out in Appendix I. Bidders would be required to

make presentations in front of the Technical Committee formed by BBMP on

their Technical Proposals at this stage

  Stage IV: Financial proposals of only those Bidders whose Technical

Proposals meet the requirements of the Technical Committee would be

considered for evaluation.

The Bidder offering the highest Financial proposal would be declared as the Preferred

Bidder.

2.25.2  BBMP may either choose to accept the Proposal of the Preferred Bidder or invite the

Preferred Bidder for negotiations.

2.25.3  Upon acceptance of the Proposal of the Preferred Bidder with or without negotiations,

BBMP shall declare the Preferred Bidder as the Successful Bidder.

2.26  Notifications

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Request for Proposal 1177 

Instructions to Bidders

BBMP will notify the Successful Bidder by facsimile and by a Letter of Acceptance

(LoA) that the Proposal has been accepted.

2.27  Letter of Acceptance (LoA) and Execution of Concession Agreement

2.27.1  Within two (2) weeks from the date of issue of the LoA, the Successful Bidder(s)

shall acknowledge the LoA. The Successful Bidder(s) shall execute the Concession

Agreement and submit the Performance Security within six (6) weeks of the issue of 

LoA or within such further time as BBMP may agree to in its sole discretion.

2.27.2  The Successful Bidder shall along with acknowledging the LoA shall pay Bid

Processing Charges of Rs.5,00,000 lakhs (Rupees Five Lakhs only), plus applicable

service tax in the form of a Demand Draft, drawn in favour of Infrastructure

Development Corporation (Karnataka) Limited, payable in Bangalore.

2.27.3  Failure of the Successful Bidder to abide by the conditions of the LoA and enter intoa Concession Agreement with BBMP within a period of six weeks from the date of 

issuance of the LoA would constitute sufficient grounds for the annulment of LoA. In

such event, BBMP reserves the right to

a.  either invite the Bidder with the next best offer for negotiations

OR

b.  take any such measure as may be deemed fit in the sole discretion of BBMP,

including annulment of the bidding process and appropriation of the past

security of the successful bidder.

BBMP will promptly notify other Bidders that their Proposals have been unsuccessful

and their Bid Security will be returned as promptly, as possible, and in any case notlater than eight (8) weeks from the date of announcement of the Successful Bidder.

2.28 Performance Security

2.28.1  At the time of execution of Concession Agreement, the Successful Bidder shall

furnish Performance Security for the value of Rs. Two Crores (Rs.2,00,00,000) by

way of a revolving irrevocable Bank Guarantee issued by a Scheduled Bank located

in Bangalore in favour of BBMP, as required under the Concession Agreement. The

Performance Security handed over to BBMP by the Concessionaire upon execution of 

the Concession Agreement shall be valid till the Commencement Date of the

Commercial Complex on Part A. The Performance Security shall be subsequentlyrenewed every year for a value equal to a sum of the subsequent four quarterly

Concession Payments for the remaining period of Concession.

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Request for Proposal 1188 

Instructions to Bidders

3. CRITERIA FOR QUALIFICATION

A. General

3.1  Evaluation Parameters

The Bidders shall have to be eligible bidders as referred to under Clause 2.2

3.2  Evaluation Parameters

3.2.1 The Bidder’s competence, capability and eligibility are proposed to be established by

the following parameters:

(a)  Experience

(b)  Financial capability in terms of 

(ii)  Average Turnover

(iii)  Networth

(iv)  Aggregate Net Cash Accruals

3.2.2 On each of these parameters, the Bidder would be required to meet the qualification

criteria as detailed in this Section.

B. Experience 

3.3  Qualification Criterion for Experience

3.3.1 The Bidder shall satisfy any one of the following criteria to qualify for further

evaluation:

  Developed and commissioned up to two properties with a cumulative built up

area of 2 lakhs sq. ft. during the last five completed financial years.

  Developed and commissioned a single property with a built up area of 1 lakh

sq. ft. during the last five completed financial years. (For the purpose of 

evaluation of 3.2.1.b, properties shall be defined as office and commercial

complexes).

Experience claimed based on only civil construction contracts / Engineering

Procurement Contracts shall not be considered for evaluation.

For the purpose of evaluation, properties shall be defined as office complexes,

commercial complexes, residential complexes, hotels, hospitals, entertainment

complexes (multiplex, cinema hall, auditorium, museum, games complex with video

games, bowling alleys, snooker / billiards area) shopping malls and amusement parks.

3.3.2 In case of a Consortium, any member should satisfy the above Qualification Criteria

for experience.

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Request for Proposal 1199 

Instructions to Bidders

3.4  Details of Experience

3.4.1 The Bidder should furnish the details of eligible experience as on the date of 

submission of RFP.

3.4.2 The Bidder should furnish adequate evidence to support its claim as per Appendix G.

3.5  Financial Capability

3.5.1  Financial Capability of the Bidders would be evaluated on the basis of the following:

(a)  Net worth as at the end of the most recent financial year.

(b)  Aggregate net cash accruals1

for the last two completed financial years.

(c)  Average annual income for the last two completed financial years.

The Bidder would be required to meet at least two of the three criteria, to qualify on

the Financial Capability Criteria.

The Bidders should provide information regarding the above based on audited annual

accounts for the respective financial years. The financial year would be the same as

the one normally followed by the Bidder for its Annual Report.

3.5.2 The Proposal must be accompanied by the audited annual financial statements of the

Bidder for the last two (2) financial years.

3.5.3 In case the annual accounts for the latest financial year are not audited and therefore

the Bidder could not make it available, the Bidder shall give an undertaking to that

effect and the statutory auditor shall certify the same. In such a case, the Bidder may

provide the unaudited Annual Accounts (with Schedules) for the latest financial year.

In any case, the Audited Annual Financial Statements for two years preceding the

latest financial year would have to be provided, failing which the Proposal will be

rejected as non-responsive.

3.6 For the purpose of Qualification, a Bidder would be required to demonstrate the

Threshold Financial Capability measured on the criteria as listed below. The Bidder

would have to satisfy at least  two out of the given three criteria.

a)  Networth of the Bidder as at the end of the most recent financial year shall be

at least equal to Rs 1100 lakhs

b)  The aggregate net cash accruals of the Bidder for the last two financial years

shall be at least equal to Rs 1000 lakhs

1Aggregate net cash accruals is the total sum of net cash accruals of two financial years

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BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliikkee DRAFT FOR DISCUSSION 

Request for Proposal 2200 

Instructions to Bidders

c)  The average annual income of the Bidder for the last two financial years shall

be at least equal to Rs 2000 lakhs

For the purposes of analysis only figures from the latest two audited annual financial

statements would be considered.

3.7  Special Conditions for Consortium.

3.7.1  In case the bidder is a Consortium, the Lead Member shall fulfil the requirement for

Threshold Financial Capability as stipulated in Clause 3.6. However, the Experience

Criteria as specified in Clause 3.3 can be fulfilled by either the Lead Member or the

Associate Member.

3.7.2  The Consortium shall incorporate as a company under the Companies Act with

shareholding pattern in accordance with Section 3 of this RFP. Such joint venture

company would enter into the agreement/s and subsequently carry out all theresponsibilities of the successful bidder in terms of the agreement/s, (in case the

Project is awarded).

3.7.3  The Lead Member shall commit to hold a minimum equity stake equal to 51% of 

such company, AND the Associate would commit to hold a minimum equity stake

equal to 26% of such company. The period of such shareholding commitment will be

for the entire Concession Period for the Lead Member and ten years from the

Appointed Date for the Associate Member.

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Request for Proposal 2211 

Instructions to Bidders

4. CRITERIA FOR EVALUATION 

4.1  Evaluation Parameters

4.1.1  Technical Proposals of the Bidder who meet the Qualification Criterion would be

evaluated as set out in Appendix I. Financial proposals of Bidders whose Technical

Proposals qualify would be taken up for further evaluation.

4.1.2  The Financial proposal comprises the following component payable to BBMP:

Concession Payment: Concession Payment shall be payable to BBMP as per the

Financial proposal set out in Appendix J (Format for Financial proposal). The

Concession Payment shall increase by 3% every year throughout the Concession

Period. The first Concession Payment shall be made on Commencement Date of the

project. Subsequent, Concession Payments, till the end of the Concession Period,shall be made on the quarterly basis. The last Concession Payment shall be paid on

the last quarterly of Commencement Date before the expiry of the Concession

Agreement.

4.1.3  The Financial proposals of those bidders whose technical proposals are found to be

acceptable by BBMP, would be ranked in the descending order and the Bidder

quoting the highest Concession Payment would be declared as the Preferred Bidder.

 

4.1.4  In the event that two or more Bidders quote exactly the same highest Concession

Payment, then BBMP reserves the right either to,

(a)  Select the bidder with the higher scoring in the Technical Proposal among the

two, Or

(b)  Invite fresh Proposals from these Bidders, or

(c)  Take any appropriate action for the implementation of the Project.

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Request for Proposal 2222 

Instructions to Bidders

5. SCHEDULE OF BIDDING PROCESS 

5.1 BBMP would endeavour to adhere to the following schedule:

S. No. Event Description Date

1 Last date for receiving queries July 6, 2007

2 Pre-proposal Meeting July 11, 2007

3 Proposal Due Date August 10, 2007

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Request for Proposal 2233 

Instructions to Bidders

APPENDIX A

FORMAT FOR COVERING LETTER-CUM-PROJECT UNDERTAKING

To

Deputy Commissioner(Market) Division

Dasappa Hospital Compound

2nd Floor, Bangalore - 560 -002.

Phone: 080- 22975557

Dear Sir:

Ref : Redevelopment of Malleswaram Market, Bangalore

Being duly authorized to represent and act on behalf of………………………………….

(hereinafter referred to as “the Bidder”), and having reviewed and fully understood all of theinformation provided in the Request for Proposal (RFP) document provided to us by BBMP

in respect of the captioned Project/s, the undersigned hereby submits the Proposal/s in

response to the RFP.

For your evaluation, we are enclosing our Proposal in one (1) original and one (1) copy with

the details as per the requirements of the RFP.

The Cover I, Cover II and Cover III have been sealed in three separate covers. All the sealed

covers are placed in a single outer cover, clearly marked as “ORIGINAL”. Similarly, the

copies of three parts of the Proposal are placed in a single larger cover, clearly marked as

“COPY”. Both the original and the copy are in a single larger envelope and sealed.

We confirm that our Proposal is valid for a period of Forty (40) weeks from Proposal Due

Date.

We also hereby agree and undertake as under:

Notwithstanding any qualifications or conditions, whether implied or otherwise, contained in

our Proposal we hereby represent and confirm that our Proposal is unqualified and

unconditional in all respects and we agree to the terms of the proposed Concession

Agreement, a draft of which also forms a part of the RFP document provided to us.

....................................................

Signature of the Authorised Person

....................................................

Name of the Authorised Person

Date …………………….. 

 Note: On the Letterhead of the Bidder  

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Request for Proposal 2244 

Instructions to Bidders

APPENDIX B

FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF PROPOSAL

(On Stamp paper of relevant value) 

POWER OF ATTORNEY

Know all men by these presents, We..........................................................(name and addressof the registered office) do hereby constitute, appoint and authorise Mr / 

Ms........................……… (name and residential address) who is presently employed with us

and holding the position of .................................................... as our attorney, to do in our

name and on our behalf, all such acts, deeds and things necessary in connection with or

incidental to our for taking up on Redevelopment of Malleshwaram Market, Bangalore of the

Bruhat Bangalore Mahanagara Palike, (hereinafter referred to as BBMP), including signing

and submission of all documents and providing information / responses to BBMP in all

matters in connection with our Proposal for the Project;

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney

pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaidattorney shall and shall always be deemed to have been done by us.

Dated this the _______ Day of _______2007

For ___________________________

(Name and designation of the person(s)

signing on behalf of the Lead Member)

Accepted

_________________________Signature)

(Name, Title and Address of the Attorney)

Date : …………………….

 Note:1.  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, as per the Companies Act, 1956.

2.    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 favour of the

Person executing this Power of Attorney for the delegation of power hereunder on behalf 

of the Bidder.

3.    In case the Proposal is signed by an authorised Director, a certified copy of the

appropriate board resolution/ document conveying such authority may be enclosed in lieu

of the Power of Attorney.

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BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliikkee DRAFT FOR DISCUSSION 

Request for Proposal 2255 

Instructions to Bidders

APPENDIX C

Format for Power of Attorney for Lead Member of Consortium

(On a Stamp Paper of relevant value)

Power of Attorney

Whereas the Bruhat Bangalore Mahanagara Palike (BBMP) has invited Proposals from

interested parties for Redevelopment of Malleswaram Market (the Project) in Bangalore,

Whereas, the members of the Consortium are interested in bidding for the Project and

implementing the Project in accordance with the terms and conditions of the Request for

Proposal (RFP) Document and other connected documents in respect of the Project, and

Whereas, it is necessary under the RFP Document for the members of the Consortium to

designate 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 who, acting jointly, would have all necessary power and

authority to do all acts, deeds and things on behalf of the Consortium, as may be necessary inconnection with the Consortium’s bid for the Project.

NOW THIS POWER OF ATTORNEY WITNESSETH THAT;

We, M/s. ___________________________(Lead Member), M/s

__________________(Associate Member) (the respective names and addresses of the

registered office) do hereby designate M/s. _________ ____________________________

being one of the members of the Consortium, as the Lead Member of the Consortium, to do

on behalf of the Consortium, all or any of the acts, deeds or things necessary or incidental to

the Consortium’s bid for the Project, including submission of Proposal,, participating in

conferences, responding to queries, submission of information/ documents and generally to

represent the Consortium in all its dealings with BBMP, any other Government Agency or

any person, in connection with the Project until culmination of the process of bidding and

thereafter till the Concession Agreement is entered into with BBMP.

We hereby agree to ratify all acts, deeds and things lawfully done by Lead Member, our said

attorney pursuant to this Power of Attorney and that all acts deeds and things done by our

aforesaid attorney shall and shall always be deemed to have been done by us/Consortium.

Dated this the _____day of 200_

__________________________

(Executants)

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

 Note: The mode of execution of the Power of Attorney should be in accordance with the procedure, if 

any, laid down by the applicable law and the charter documents of the executant(s) and when it is so

required the same should be under common seal affixed in accordance with the required procedure.

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BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliikkee DRAFT FOR DISCUSSION 

Request for Proposal 2266 

Instructions to Bidders

APPENDIX D

FORMAT FOR ANTI-COLLUSION CERTIFICATE

Anti-Collusion Certificate

We hereby certify and confirm that in the preparation and submission of our Proposal for the

Project, 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.

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 Proposal.

Dated this ..........................Day of ......................, 2007

....................................................(Name of the Bidder)

....................................................

(Signature of the Authorised Person)

....................................................

(Name of the Authorised Person)

 Note:

1.  On the Letterhead of the Bidder 

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BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliikkee DRAFT FOR DISCUSSION 

Request for Proposal 2277 

Instructions to Bidders

APPENDIX E

FORMAT FOR BID SECURITY

(To be issued by a Scheduled Bank in India)

B.G. No. __________________________________ dated __________.

This Deed of Guarantee executed at _______ by ______________ (Name of Bank) having its

Head/Registered office at ______________ ______ (hereinafter referred to as "the

Guarantor") which expression shall unless it be repugnant to the subject or context thereof 

include its, successors and assigns;

In favour of 

Bruhat Bangalore Mahanagara Palike, (hereinafter called "BBMP") having its office at N R

Square, Bangalore, which expression shall unless it be repugnant to the subject or contextthereof include its successors and assigns;

WHEREAS

A.  M/s. ______________________ Ltd., a company registered under provisions of the

Companies Act, 1956, having its registered office at ____________ (hereinafter called

"the Bidder") which expression shall unless it be repugnant to the subject or context

thereof include its/their executors administrators, successors and assigns, intends to bid

for taking over the Redevelopment of Malleswaram Market, Bangalore (hereinafter

referred to as the Project).

B. In terms of Clause 2.11 of the Request for Proposal Document dated ___________issuedin respect of the Project (hereinafter referred to as "RFP Document") the Bidder is

required to furnish to BBMP an unconditional and irrevocable Bank Guarantee for an

amount of Rs. 10,00,000/- (Rupees Ten Lakhs Only) as Bid Security for the Project.

C. The Guarantor has at the request of the Bidder and for valid consideration agreed to

provide such Bank Guarantee being these presents:

NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS:

a.  The Guarantor, as primary obligor shall, without demur, pay to BBMP an amount not

exceeding Rs._____________ /- (Rupees Only), within 5 days of receipt of a written

demand from BBMP calling upon the Guarantor to pay the said amount.

b.  Any such demand made on the Guarantor by BBMP shall be conclusive and absolute as

regards the forfeiture of Bid Security and the amount due and payable by the Guarantor

under this Guarantee.

c.  The above payment shall be made without any reference to the Bidder or any other

person and irrespective of whether the claim of BBMP is disputed by the Bidder or not.

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BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliikkee DRAFT FOR DISCUSSION 

Request for Proposal 2288 

Instructions to Bidders

d.  This Guarantee shall be irrevocable and remain in full force for a period of (proposal

validity period) from (date) ________ or for such extended period as may be mutually

agreed between BBMP and the Bidder and shall continue to be enforceable till all

amounts under this Guarantee are paid.

e.  The Guarantee shall not be affected by any change in the constitution or winding up of 

the Bidder/the Guarantor or any absorption, merger or amalgamation of the Bidder/the

Guarantor with any other person.

f.  In order to give full effect to this Guarantee, BBMP shall be entitled to treat the

Guarantor as the principal debtor. The obligations of the Guarantor shall not be affected

by any variations in the terms and conditions of the RFP Document or other documents

or by extension of time of performance of any obligations granted to the Bidder or

postponement / non exercise / delayed exercise of any of its rights by BBMP against the

Bidder or any indulgence shown by BBMP to the Bidder and the Guarantor shall not be

relieved from its obligations under this Bank Guarantee on account of any such variation,extension, postponement, non exercise, delayed exercise or omission on the part of 

BBMP or any indulgence by BBMP to the Bidder to give such matter or thing

whatsoever which under the law relating to sureties would but for this provision have

effect of so relieving the Guarantor.

g.  The Guarantor has power to issue this Guarantee and discharge the obligations

contemplated herein, the undersigned is duly authorised to execute this Guarantee

pursuant to the power granted under ______________________________________.

IN WITNESS WHEREOF THE GUARANTOR HAS SET ITS HANDS HEREUNTO

ON THE DAY, MONTH AND YEAR FIRST HEREINABOVE WRITTEN.

Signed and Delivered by _________________________________Bank 

by the hand of Mr_________________________________

its ______________________________________and authorised official.

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BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliikkee DRAFT FOR DISCUSSION 

Request for Proposal 2299 

Instructions to Bidders

APPENDIX F

FORMAT FOR DETAILS OF BIDDER

1. (a) Name(b) Country of incorporation

(c) Address of the registered office, 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 Bidder including details of its main lines of business and

proposed role and responsibilities in this Project(s).

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

with BBMP:

(a)  Name :(b)  Designation :

(c)  Company :

(d)  Address :

(e)  Telephone Number :

(f)  E-Mail Address :

(g)  Fax Number :

(h)  Mobile Number :

4. Name, Designation, Address and Phone Numbers of Authorised Signatory of the

Bidder:

(a) 

Name :(b)  Designation :

(c)  Company :

(d)  Address :

(e)  Telephone Number :

(f)  E-Mail Address :

(g)  Fax Number :

(h)  Mobile Number :

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BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliikkee DRAFT FOR DISCUSSION 

Request for Proposal 3300 

Instructions to Bidders

APPENDIX G

FORMAT FOR EXPERIENCE OF THE BIDDER

Sr. No. Name of the Project Date of Commissioning Built - up Area (sq. ft.)

12

3

---

---

1.  The Bidder should provide details of only those projects undertaken by it under its

own name. Project experience of the Bidder’s parent company or its subsidiary or any

associate company will not be considered for computation of the Experience.

2.  The Bidder shall also provide both the following documents for proof of the same.

  Occupation certificate as issued by a statutory authority

  Sanctioned Copy of the building plan  Certificate from statutory auditor in the format set out below

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

(Title & Nature of the Project). This Project was commissioned on _______ (Date of 

commissioning of the Project) 

We further certify that built up area of the Project as on the date of commissioning was

_________ sq. ft.

Signature of the Authorised Signatory

It may be noted that in the absence of any detail from the above certificate, the informationwould be considered inadequate and could lead to exclusion of the relevant project in

evaluation of experience criteria. The statutory auditor should clearly indicate the membership

number assigned by the Institute of Chartered Accountants of India or equivalent organisation

abroad.

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RReeddeevveellooppmmeenntt oof f MMaalllleesshhwwaarraamm MMaarrkkeett,, BBaannggaalloorree 

BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliikkee DRAFT FOR DISCUSSION 

Request for Proposal 3311 

Instructions to Bidders

APPENDIX H

FORMAT FOR FINANCIAL CAPABILITY OF THE BIDDER 

Net Worth(Rs. Lakhs)

Net Cash Accruals(Rs. Lakhs)

Annual Sales Turnover(Rs. Lakhs)

Year 2006 - 07 Year 2006 – 07 Year 2005 – 06 Year 2006 – 07 Year 2005 – 06

#  The Bidder should provide the Financial Capability based on its own financial

statements. Financial Capability of the Bidder’s parent company or its subsidiary

or any associate company will not be considered for computation of the Financial

Capability of the Bidder.

General Instructions:

1.  Net Cash Accruals = (Profit After Tax + Depreciation + Non cash Expenses)

2.  Net Worth = (Subscribed and Paid-up Capital + Reserves) - (Revaluation reserves+ Miscellaneous expenditure not written off)

3.  Sales Turnover = Total revenues as indicated in the annual financial statement

4.  The financial year would be the same as the one normally followed by the Bidder

for its Annual Report.

5.  The Bidder shall provide the audited annual financial statements as required for

this RFP. Failure to do so would be considered as a non-responsive bid.

6.  The Bidder should clearly indicate the calculations and references in the financial

statements in arriving at the above numbers in an attached worksheet. 

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RReeddeevveellooppmmeenntt oof f MMaalllleesshhwwaarraamm MMaarrkkeett,, BBaannggaalloorree 

BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliikkee DRAFT FOR DISCUSSION 

Request for Proposal 3322 

Instructions to Bidders

APPENDIX I

FORMAT FOR TECHNICAL PROPOSAL

The Bidder shall submit a Technical Proposal setting out the approach to the Project. Thedesign and approach for implementing the Project shall be as per the prevailing Bruhat

Bangalore Mahanagara Palike Building Byelaws and other applicable statutes. The proposal

will be in two parts - Part A and Part B, the details of which are given in Appendix K.

Proposal for Part B

The Bidder shall construct the Market Complex for the rehabilitation of BBMP licensee in

Part B of the Project Site. The quality of construction of the new 272 shops (each of 

approximately 80 sq. ft. in area) will be as per the specifications provided by BBMP in the

Draft Concession Agreement.

The 272 shops shall be constructed in G+3 floors and the parking as per the requirementsstated in BBMP byelaws will be provided in the basement. The Bidder shall provide public

conveniences in terms of toilets, drinking water fountains and access to the physically

handicapped in the proposed Market Complex in Part B. The minimum width of the corridors

will be at least 3 meters in the Market Complex in Part B.

The Technical Proposal for Part B shall set out the following components:

a.  Overall concept plan including landscaping in the Market Complex.

b.  Floor Plans.

c.  Area Statement.

d.  Entry / exit points and movement pattern for Market Complex

e. 

Basement plans showing car parkingf.  Perspectives of proposed Market Complex

Proposal for Part A

After the completion of Market Complex in Part B, the BBMP licensees will be rehabilitated

to the Market Complex and Part A will be made available for the construction of Commercial

Complex with the Multilevel Car Parking. The bidder is required to give proposal for

constructing the Commercial Complex along with the Multilevel Car Parking.

The Technical Proposal for Part B shall set out the following components:

a.  Overall concept plan including landscaping in the Commercial Complex.

b.  Floor Plans.

c.  Area Statement.

d.  Entry / exit points and movement pattern for Commercial Complex

e.  Basement plans showing car parking

f.  Perspectives of proposed Commercial Complex with multilevel car parking

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BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliikkee DRAFT FOR DISCUSSION 

Request for Proposal 3333 

Instructions to Bidders

Hence the bidder is expected to submit the technical proposals for both Part A and Part B

(refer 2.25.1). The Bidders shall make a presentation on the Technical Proposal in front of the

Technical Committee formed by BBMP. Financial proposals of Bidders who score more than

65 marks in this Technical Proposal would be further evaluated and the Bidders scoring less

than 65 marks will be disqualified and their financial proposal shall not be opened.

The design which provides the maximum number of car parks (more than the number

envisaged as per the Byelaws) will be given additional marks during the technical evaluation.

Weightage will be given to the bidder if any of his work of similar nature and scale has been

recognised as “work of excellence” and has been accorded with award for architectural or

design excellence by a reputed body (Documentary proof will be required for the same).

Bidders would be required to demonstrate the adherence to BBMP Building Byelaws on all

key parameters including but not limited to:

a.  Total Built - up areab.  FAR utilised

c.  Plot coverage and set backs

d.  Parking requirements

e.  Stairways and fire exits

f.  Rainwater harvesting

The scoring method would be as per the following table.

Sr. No. Parameter (for both the sites) Maximum Marks

1 Overall concept plan including landscaping 20

2 Perspectives of proposed Commercial Complex, multilevelcar parking as well as the market complex

10

3Floor Plans and Area Statements including the parking

details30

4Additional Number of car parking (more than that envisaged

in the byelaws)20

5Implementation strategy including sequencing of events

with time frames.15

6Accorded with “work of excellence” for a project of similar

nature and scale. Documentary proof essential.5

TOTAL MARKS 100

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BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliikkee DRAFT FOR DISCUSSION 

Request for Proposal 3344 

Instructions to Bidders

APPENDIX J

FORMAT FOR FINANCIAL PROPOSAL

(On the letterhead of the Bidder)

Description In Figures (Rs.) In Words (Rs.)

Quarterly Concession Payment

In case of a discrepancy between the Concession Payment expressed in figures vis-à-vis the

Concession Payment expressed in words, the latter shall govern. 

The Concession Payment shall increase by 3% every year throughout the Concession Period.

Before the commencement of the Commercial Complex in Part A, if the new CDP has come

into force and the Concessionaire gets an advantage of additional FAR, the same could beexploited by taking up revised sanctioning for the above stated project. Accordingly the

revision in the Concession payment will have to be made proportionately.

The Concessionaire shall also provide a split of the quarterly concession payment in the

format given below. However, the split shall not be used for evaluation.

Description In Figures (Rs.) In Words (Rs.)

Quarterly Concession Payment for

Commercial Complex in Part Aa-------------

Quarterly Concession Payment for

Parking Facility in Part A

b-------------

Quarterly Concession Payment for

Parking Facility in Part Bc-------------

Quarterly Concession Payment Total of (a+b+c)

___________________________

Signature of Authorised Signatory

________________________

Name of Authorised Signatory

Date: 

Note: Conditional financial proposals will not be acceptable.

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BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliikkee DRAFT FOR DISCUSSION 

Request for Proposal 3355 

Instructions to Bidders

APPENDIX K

Details of Market

A map providing details of the market and the site has been provided in Schedule 1 of theConcession agreement.

Indicative area details:

Area available for development

Existing Malleswaram market (Part A) 1.64 Acres

Land on opposite side of Malleswaram market (site

where the 272 shops would need to be constructed

represented as Part B))

0.44 Acres

TOTAL 2.08 Acres

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BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliikkee DRAFT FOR DISCUSSION 

Request for Proposal 3366 

Instructions to Bidders

Plan showing Part A and Part B of the Project Site (not to scale)

Part A 

Part B

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BBrruuhhaatt BBaannggaalloorree MMaahhaannaaggaarraa PPaalliikkee DRAFT FOR DISCUSSION 

Request for Proposal 3377 

Instructions to Bidders

APPENDIX L

Scope of Work

1.  The Concessionaire will redevelop the Malleswaram market as per approved

Technical Proposal.

2.  The Concessionaire shall not disturb the temples and the park at any time during the

Concession Period of 30 years.

3.  The Concessionaire shall first construct the shops in the site opposite to Malleswaram

market (represented as Part B) within the period of ten months The Concessionaire

shall construct 272 shops (each of approximately 80 sq. ft. in area substantially 8ft x

10ft) and handover these shops to BBMP for use / allotment as per BBMP’s

discretion. The said 272 shops shall be constructed in G+3 floors and the parking as

per the requirements stated in BBMP byelaws will be provided in the basement.

4.  After shopkeepers are relocated by BBMP, the existing market in Part A will be

demolished and this site will be utilized for Commercial Complex with multilevel car

parking.

5.  The Concessionaire shall provide public conveniences in terms of toilets, drinking

water fountains and access to the physically handicapped in the proposed Market

Complex in Part B as well as Part A in accordance with the BBMP Bylaws.

6.  The minimum width of the corridors will be at least 3 meters in the Market Complex

in Part B.

7.  The Concessionaire will consider ground water recharge and rain water harvesting in

both Part A and Part B of the site.

8.  The Concessionaire is expected to provide maximum car parking space possible in

addition to the car parks specified by prevailing bye laws. The Concessionaire shall

ensure that atleast 25% of the car parking space in the Commercial Complex shall be

available to the general public at all times during the Concession Period.

9.  The Concessionaire shall provide parking space for five cars to BBMP in the parking

facility (basement of Part B) which will be earmarked for exclusive use of BBMP and

shall not be used by the Concessionaire. These car parking shall be reserved for

BBMP throughout the Concession Period.

10.  The Concessionaire would construct the Market Complex on Part B as per the

specifications set out by BBMP given in Concession Agreement and Part B will be

under exclusive ownership of BBMP.

11.  The allocation of shops to the Licensee would be carried out by BBMP and the rents

will be collected by BBMP.

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12.  BBMP shall deliver the site located opposite to the Malleswaram market (Part B) free

of all encumbrances to the developer, within sixty days of executing the agreement.

Subsequently the Malleswaram market area (Part A) will be handed over to the

Concessionaire within sixty days of completion of Market Complex for theconstruction of Commercial Complex and multilevel car parking.

13.  The proposed Commercial Complex and multilevel car parking on the existing

market area (Part A) shall be handed back to BBMP at the end of the Concession

Period.

14.  Before the commencement of the construction of the Commercial Complex in Part A,

if the CDP is revised by the Government and is made effective and the

Concessionaire gets an advantage of additional FAR, the same could be exploited by

taking up revised approval for the construction of Commercial Complex in Part A.

Accordingly the revision in the Concession payment will have to be madeproportionately.