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RFP No. SSNNL / CPC / SOU/ SBB_________

Request for Proposal (RFP)

for

Selection of Operator for Management of

52 Room Shrestha Bharat Bhavan (SBB) at

Kevadia in the District of Narmada in the

State of Gujarat

Invitation for Bids & Tender Procedures

Volume � 1

Sardar Sarovar Narmada Nigam Limited,

(A Government of Gujarat undertaking)

Block No 12, New Sachivalaya, Gandhinagar

� 382 010

id23361087 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com

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TABLE OF CONTENTS

Contents

Disclaimer .................................................................................................................................................. 5

SECTION 1 ................................................................................................................................................. 7

Project Information ........................................................................................................................... 7

1. Sardar Sarovar Project: ....................................................................................................... 7

2. Statue of Unity Project: ...................................................................................................... 7

3. Shrestha Bharat Bhavan (SBB): ........................................................................................ 8

Instructions to Bidders .................................................................................................................... 9

1.1 Scope of Work: ........................................................................................................................... 9

1.2 Brief Bidding Process .......................................................................................................... 9

1.3 Schedule of Bidding Process ........................................................................................ 12

Section 2 : INSTRUCTIONS TO BIDDERS .................................................................................. 14

A. GENERAL ................................................................................................................................ 14

B. DOCUMENTS ........................................................................................................................... 18

Section 1. Project Information ......................................................................................... 19

C. PREPARATION AND SUBMISSION OF BIDS .......................................................... 20

D. EVALUATION PROCESS ................................................................................................... 22

E. QUALIFICATION AND BIDDING .................................................................................. 25

F. BID SECURITY ...................................................................................................................... 26

3. CRITERIA FOR EVALUATION ...................................................................................................... 28

3.1 Evaluation � Technical Bid ................................................................................................... 28

3.2 Evaluation � Financial Bid ............................................................................................... 30

4. Fraud and corrupt practices................................................................................................... 33

5. Pre-Bid Conference .................................................................................................................... 35

6. Miscellaneous ............................................................................................................................... 36

APPENDIX I ............................................................................................................................................. 37

ANNEX-I -Details of Bidder ............................................................................................................ 40

ANNEX-II ................................................................................................................................................. 41

Form A � Format for Minimum Eligibility of the Bidder@............................................. 41

Form B � Format for Technical Capacity of the Bidder .................................................. 44

Form C � Details on Guest Program / Loyalty Program ................................................ 45

Form D � Growth Rate in Gross Revenue across Operational Assets in India .... 46

Form E � Average Gross Revenue across Operational Assets in India ................... 47

Form F � Details of Centralised Service Fee, Sales & Marketing Fee ...................... 48

Form G � Employee Management .......................................................................................... 49

ANNEX-III Statement of Legal Capacity .................................................................................... 50

APPENDIX II - Power of Attorney for signing of Bid ........................................................... 51

APPENDIX � III - Bank Guarantee for Bid Security ............................................................... 53

APPENDIX IV: Format for Financial Bid ...................................................................................... 56

Appendix V: List of Documents to be submitted physically in original hard copy 58

Appendix VI: Additional Information Sought ......................................................................... 59

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Notice Inviting Tender

1. Sardar Sarovar Narmada Nigam Limited (SSNNL), a Government of Gujarat

undertaking has constructed the Sardar Sarovar Dam on River Narmada at

Kevadia in the district of Narmada in the State of Gujarat. SSNNL, on behalf of the

Sardar Vallabhbhai Patel Rashtriya Ekta Trust (SVPRET) is also implementing

�Statue of Unity� Project, in memory of Shri Sardar Vallabhbhai Patel, comprising

of a 182 meter tall Statue of Sardar Vallabhbhai Patel, with a museum and other

ancillary facilities on Sadhu Hill, 3 Kms downstream of the Sardar Sarovar Dam.

Kevadia, with the Sardar Sarovar Dam and the Statue of Unity will be a nationally

and internationally acclaimed �Tourist Spot� in Gujarat. SSNNL has as a part of the

�Statue of Unity� (SOU) Project has developed and constructed a 52 Room Hotel

Building named as �Shrestha Bharat Bhavan� (SBB) at Kevadia in the District of

Narmada in the State of Gujarat located at _________________ Kms from the City of

Vadodara and ____________ Kms from the City of Ahmedabad.

2. SSNNL now intends to appoint and establish an renowned hospitality group as

Operations and Management (O & M) Contractor to manage the 52 Room Hotel

named as Shrestha Bharat Bhavan on its behalf.

3. SSNNL invites online e-tenders from established and renowned hotel operators /

hospitality group for awarding the operation and management contract through

a Single Stage Open Competitive Bidding Process in accordance with the

procedure set out under this RFP.

4. SSNNL intends to quality and select bidders for awarding the contract as per the

selection and qualification criteria contained in the RFP document.

5. The selected bidder who is either a Company incorporated under the Companies

Act 1956 / 2013 or undertakes to incorporate itself as such prior to execution of

the Agreement, shall be as �Operator� responsible for Operation and

Maintenance of the Shrestha Bharat Bhavan in accordance with the provisions of

the Contract Agreement (�Management Contract� or �Management Agreement�)

as contained in this RFP, to be entered by and between the Operator and the

SSNNL in the form provided by the SSNNL as a part of this RFP.

6. The complete RFP document can be viewed / downloaded from the e-

procurement portal www.ssnnl.nprocure.com free of cost. The detailed guidelines

for e-procurement system is also available on the said portal.

7. It is mandatory for all the bidders to have the required Digital Signature in the

name of person having Power of Attorney to sign the bid from any of the licensed

certified agency.

8. It is mandatory for the bidders to get their firm / company registered with e-

procurement portal of SSNNL i.e. www.ssnnl.nprocure.com to have user ID and

Password by submitting a non-refundable annual registration charge of Rs.

____________________ (exclusive of taxes) which can be paid through debit / credit

card / internet banking in favour of (n)Code Solutions-A division of GNFC Ltd.,

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(n)Procure Cell 403, GNFC Infotower, S.G. Road, Bodakdev, Ahmedabad � 380054

(Gujarat).

9. The RFP document will be available online on website www.ssnnl.nprocure.com

from 01/10/2018 which can be downloaded free of cost till the last date and time

of submission of bid. However, to participate in the online bidding process, the

bidders are required to pay a non-refundable fee of Rs. 30,000/- (Rupees Thirty

Thousand Only) in the form of a Demand Draft in the name of the Executive

Engineer (Tourism Division), SSNNL, Kevadia Colony, Kevadia payable at any

scheduled bank having its branch at Kevadia / Vadodara in the State of Gujarat.

10. The Technical and Financial bid shall have to be uploaded on the e-tender

website www.ssnnl.nprocure.com on or before 30/10/2018 by 15:00 Hrs. A hard

copy of the Technical Bid shall also be submitted to the Chief Engineer (CPC),

SSNNL, Block No 12, 3rd Floor, New Sachivalaya, Gandhinagar � 382 010 on or

before 01/11/2018 by 15:00 Hrs.

11. A pre-bid conference will be held in the Conference Room of the SSNNL, Block

No 12, 3rd Floor, New Sachivalaya, Gandhinagar � 382 010 on 17/10/2018 at 12:00

Noon.

12. Intending bidders who are interested to make a site visit to see the Shrestha

Bharat Bhavan and / or desire to get further details may contact the

Superintending Engineer (Head Works), Kevadia Colony, Kevadia in the District of

Narmada in the State of Gujarat on e-mail seheadworks1@gmail.com, Mobile

Number : 9099042734.

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DISCLAIMER

The information contained in this Request for Proposal (�RFP�) or subsequently

provided to the applicant of this RFP (�Tenderer�) to whom the Project may be

awarded, i.e. a successful Tenderer, whether verbally or in documentary or any other

form, by or on behalf of the Sardar Vallabhbhai Patel Rashtriya Ekta Trust

(�SVPRET�), Sardar Sarovar Narmada Nigam Limited (�SSNNL�) or any of their

employees, consultants or advisors, is provided to the Tenderer, on the terms and

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

such information is provided.

The purpose of this RFP is to provide the interested parties with information that

may be useful to them in making their tender proposals pursuant to this RFP

(�Tender�). This RFP includes statements, which reflect various assumptions and

assessments arrived at by the SVPRET and/or SSNNL in relation to the Project (as

defined below). Such assumptions, assessments and statements do not contain all

the information that each Tenderer may require. This RFP may not be appropriate

for all persons, and it is not possible for SVPRET and/or SSNNL, their employees,

consultants or advisors to consider the 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 Tenderer 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 information and advice from

appropriate sources.

Information provided in this RFP to the Tenderer 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. SVPRET and/or SSNNL

claims no responsibility for the accuracy, correctness or otherwise for any

interpretation or opinion on law expressed herein.

SVPRET and/or SSNNL, its employees, consultants and advisors make no

representation or warranty, and shall have no liability to any person, including any

Tenderer under any law, statute, rules or regulations or tort, principles of restitution

or unjust enrichment or otherwise for any loss, damages, cost or expense, which

may arise from, or be incurred or suffered on account of, anything contained in

this RFP or otherwise, including the accuracy, adequacy, correctness, completeness

or reliability of the RFP and any assessment, assumption, statement or information

contained therein or deemed to form part of this RFP, or arising in any way with

participation of the Tenderer in the Tender Process.

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SVPRET and/or SSNNL accepts no liability of any nature, whether resulting from

negligence or otherwise, howsoever, caused or arising from reliance of any Tenderer

upon the statements contained in this RFP.

SVPRET and/or SSNNL may in their absolute discretion, but without being under any

obligation to do so, update, amend or supplement the information, assessment or

assumptions contained in this RFP as provided in this RFP.

The issue of this RFP does not in any way imply that SVPRET and/or SSNNL is bound

to select a Tenderer or to appoint the Contractor, as the case may be, for the Project

and SVPRET and/or SSNNL reserves the right to reject all or any of the Tenderer

without assigning any reason, whatsoever.

The Tenderer shall bear all its costs associated with, or relating to, the preparation

and submission of its Tender, including but not limited to preparation, copying,

postage, delivery fees, expenses associated with any Sites(as defined below) visits,

demonstrations or presentations, which may be required by SVPRET and/or SSNNL

or any other costs incurred in connection with, or relating to, its Tender. All such

costs and expenses will be borne by and will remain with the Tenderer, and SVPRET

and/or SSNNL shall not be liable in any manner, whatsoever, for the same or for any

other costs or other expenses incurred by a Tenderer in preparation or submission

of the Tender, regardless of the conduct or outcome of the Tender Process.

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SECTION 1

Project Information

1. Sardar Sarovar Project:

The Government of Gujarat, through Sardar Sarovar Narmada Nigam Limited

(SSNNL) has constructed the �Sardar Sarovar Dam� at Kevadia on River Narmada.

The Sardar Sarovar (Narmada) Project is a multipurpose river valley project on the

west flowing river Narmada in Gujarat State located along the west coast of India.

The project is to provide irrigation benefits to a gross area of about 3.43 million

hectares, and has hydropower of 1450 MW (installed capacity) and also provides

partial flood control.

The Sardar Sarovar Dam is a concrete gravity dam of 1210 m length and 163 m

height with a storage capacity of 4.7 MAF. It has a Riverbed Power House with

installed capacity of 1200 MW and a Canal Head Power House with installed

capacity of 250 MW, Main Canal capacity of 1133 cumecs (40,000 cusecs) at the

head.

2. Statue of Unity Project:

The Sardar Sarovar Project is a lifeline of Gujarat and hence it is the cherished

desire of Government and people of Gujarat to erect a monument at this sacred

spot in memory of one of Independent India�s tallest leaders Sardar Vallabhbhai

Patel. Government of Gujarat, has created a special purpose vehicle i.e. Sardar

Vallabhbhai Patel Rastriya Ekta Trust (SVPRET) for implementing the Project.

The �Statue of Unity� is an iconic structure to be the tallest statue in the World at

182 mtrs. The site is at Sadhu Island, approximately 3.5 Kms south of Sardar

Sarovar Dam at Kevadia in the Narmada District in Gujarat. The project envisages

that the iconic statue will become a catalyst for accelerated development in the

Project area benefitting a large number of the tribal population resident there. It

is anticipated that development will be based on several stimuli such as tourism

infrastructure, entertainment and education infrastructure, research activity in

facets of bio-technology, clean energy, water resources, environmental

management and tribal development and so on. The overall area surrounding

the Project site is expected to grow and support all of the above activities and

more. The present phase of the Project covers the following features :

182 metre height statue and a bridge connecting the Sadhu Island to the main

land.

3.5 Kms highway connecting the Sadhu Island to the town of Kevadia.

Hotel, Convention Centre, Memorial Garden and Visitor Centre Building.

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The Statute of Unity Project will have a unique museum and audio visual

presentations depicting the life and contributions of Sardar Vallabhbhai Patel in

the freedom movement and thereafter unification of the native states of India

into the Federal Democratic Setup. The Statue will have a research center

dedicated to the research and development subjects close to the heart of the

Sardar Vallabhbhai Patel. The Statue will have a heavy load open lift with

panoramic view built inside the Statue of Unity. Visitors will be able to rise up

within statue, walk into a viewing gallery and enjoy a panoramic view of Sardar

Sarovar Dam and upstream water reservoir and the surrounding hilly areas. The

visitors area will have a Food Court also. The Statute of Unity Site will also have a

�Projection Mapping� of World Class Technology consisting of laser shows. Thus,

both Sardar Sarova Dam and the Statue of Unity will turn out to be a World Class

Tourist Spot attracting tourist to the site. The estimates based on historical data

and projections indicate that on an average the foot fall of visitors will be

approximately 15,000 per day. There may be variations during the week days,

weekends, holidays and vacation periods.

The Statue of Unity Project is scheduled to be completed and dedicated to the

nation on 31/10/2018.

3. Shrestha Bharat Bhavan (SBB):

SSNNL as a part of the Statue of Unity Project at Kevadia has developed and

constructed the Shrestha Bharat Bhavan (SBB), to be operated as a hotel for

accommodating tourists, visiting the Sardar Sarovar Dam and the Statue of Unity

at Kevadia in the District of Narmada in the State of Gujarat. The SBB Building is a

Ground + Two Floor building with 52 Rooms with facilities for Restaurant &

Coffee Shop, Swimming Pool, Visitor Parking Facility, Ticketing & Locker Facility,

Visitor�s Waiting Plaza. A photograph given below gives the aesthetic view of the

SBB.

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The Built Up area of the SBB is 3935 Sq. Meters and the Carpet Area is 2635 Sq.

Meters. The Drawings showing the Ground Floor Plan, First Floor Plan, Second

Floor & Terrace Plan with other necessary details are attached to this RFP as

Annexure A for information and perusal of the intending bidders.

Instructions to Bidders

1.1 Scope of Work:

The scope of work for the selected Operator for Operation & Management of the

Shrestha Bharat Bhavan (SBB) is defined here under:

a. Visit and appraise himself with the facilities like the Guest Rooms, Space for

Restaurant and Coffee Shop, Swimming Pool, Visitor�s waiting Lounge etc.

already developed by the EPC Contractor M/s. Larsen & Toubro Limited (L &

T) appointed by the SSNNL for Design, Development and Construction of the

SOU Project including the SBB.

b. M/s. L & T has provided the necessary furniture in the Guest Rooms and other

facilities as a part of its contract for the SOU Project. The selected Operator

shall have to adopt and use the infrastructure, facilities, furniture and utilities

as developed and provided by the L & T on �AS IS WHERE IS BASIS� and

operate and manage the SBB as a Hotel for the Tourist visiting Sardar Sarovar

Dam and SOU Project at Kevadia under Operations and Management Contract

to be awarded by SSNNL to the successful bidder. The period of Operations

and Management of the SBB as a Hotel shall be 20 years.

c. Obtaining the required approvals and license for Operating and Managing

SBB as a hotel from the competent authority as per the prevailing law, rules

and procedures.

d. Providing and deploying the required qualified and trained staff at the Hotel

Reception, House Keeping, Security as per the requirement and the rules and

regulations applicable for running and management of a hotel.

e. Running and maintaining a multi cuisine restaurant, a coffee shop, in room

dining facilities as per the requirement so as to attract the tourists to stay at

the SBB with comfort, convenience and safety.

f. To provide and maintain trained and qualified staff for operation and

maintenance of entire civil works, electro mechanical and plumbing works on

24 x 7 basis.

g. To undertake necessary publicity through print and electronic media

publicizing the SBB as a standard class hotel in India and abroad as per

requirement.

1.2 Brief Bidding Process

1.2.1 SSNNL has adopted a single-stage two-step process (collectively referred to

as the "Bidding Process") for selection of the Bidder for award of the Project.

SSNNL will follow an online tendering process wherein Bidders are required to

upload their submissions at the specified website, in addition to requirements

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of physical submission of earmarked documents in original at the designated

office of SSNNL in accordance with the provisions of this RFP. The first step of

the process involves qualification (the �Qualification�) of interested parties

(the "Bidders") who submit a Technical Bid in accordance with the provisions

of this RFP. At the end of this step, SSNNL expects to announce a list of

suitable qualified Bidders (the �Qualified Bidders�) whose Financial Bids

would be considered eligible for consideration by SSNNL. For avoidance of

doubt it is hereby clarified that only those Bids are identified as �responsive�

and thereafter which are adjudged as qualified at the Qualification Stage, as

per the terms of this RFP, shall be opened and evaluated at the Bid Stage. It

shall be mandatory for the Bidders to get their firm/ company registered with

the e-procurement portal i.e. https://www.ssnnl.nprocure.com to obtain user

ID and password, in accordance with the procedure specified in the E-RFP

Notice, in order to participate in this RFP. In the second and final step of the

Bidding Process, Financial Bids of only Qualified Bidders shall be opened and

the Combined Score consisting of Technical Score and Financial Score of the

Qualified Bidders in the ratio of 60:40 respectively will be evaluated for

identification of the Selected Bidder.

1.2.2 Bidders would be required to furnish the information specified in this RFP.

Financial Bids of only those Bidders whose Technical Bids are deemed

qualified by SSNNL as per the terms of this RFP shall be considered for

evaluation. The Bidders are advised to visit the location and familiarise

themselves with the Project before submitting their Bids.

1.2.3 Bidders are called upon to submit their financial offers (the "Financial Bids")

in respect of the Project, in accordance with this RFP (Volume I and Volume II)

and other documents provided by SSNNL (collectively the "Bidding

Documents"). The RFP document shall be available online on the website

https://www.ssnnl.nprocure.com as outlined in Clause 1.3: Schedule of

Bidding, which can be downloaded, free of cost, till the last date and time of

submission of the Application. However, to participate in the online

qualification process, prior to making an Application, the Bidder shall pay to

the SSNNL a non-refundable sum of Rs. 30,000/- (Rupees Thirty thousand

only) as the cost of the RFP process through Demand Draft in the name of the

Executive Engineer (Tourism Division), SSNNL, Kevadia Colony, Kevadia

payable at any scheduled bank having its branch at Kevadia / Vadodara in the

State of Gujarat. The Financial Bid shall be valid for a period of not less than

120 (one hundred and twenty) days from the Bid Due Date.

1.2.4 In terms of this RFP, a Bidder will be required to deposit, along with its Bid, a

bid security of Rs. 10,00,000 (Rupees Ten lakh only) (the "Bid Security"),

refundable not later than 180 days from the Bid Due Date except in the case

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of the Selected Bidder whose Bid Security shall be retained till it has provided

a Performance Security under the Agreement. The Bidders will have an option

to provide Bid Security in the form of a demand draft or a bank guarantee as

per format provided in Appendix III of this RFP (Volume I) and in such event,

the validity period of the demand draft or bank guarantee, as the case may be,

shall not be less than 180 (one hundred and eighty) days from the Bid Due

Date, inclusive of a claim period of 60 (sixty) days, and may be extended as

may be mutually agreed between SSNNL and the Bidder from time to time.

The Bid shall be summarily rejected if it is not accompanied by the Bid

Security.

1.2.5 The selected Bidder shall be the Bidder with the highest combined score (the

�Combined Score�) arrived at by adding up the Technical Score and the

Financial Score in the ratio of 60:40, i.e., the Technical Score shall be multiplied

by a factor of 0.6 and the Financial Score shall be multiplied by a factor of 0.4

and the resulting sum shall be considered as the Combined Score. The

remaining Qualified Bidders shall be kept in reserve and may, in accordance

with the process specified in the RFP and in the event the highest Bidder

withdraws from the Project, be invited to match or lower the Financial Bid

submitted by the highest Bidder. In the event that none of the other Qualified

Bidders lower or match the Bid of the highest Bidder, SSNNL may, in its

discretion, invite fresh Bids from all Qualified Bidders or annul the Bidding

Process, as the case may be.

1.2.6 Bidders are invited to examine the Project in greater detail, and to carry out, at

their cost, such studies as may be required for submitting their respective Bids

for award of the Project including implementation thereof.

1.2.7 As part of the Bidding Documents, SSNNL has provided for the Project a draft

Agreement and a project information memorandum prepared by SSNNL/ its

consultants and other information pertaining/ relevant to the Project available

with it.

1.2.8 Financial Bids for the Project will be evaluated on the basis of the lowest

incentive management fee (the "Incentive Management Fee"), expressed as

a percentage of Adjusted Profit1 as defined in the Agreement, required by a

Qualified Bidder for operating the Project. The Agreement Period and the Base

Management Fee (expressed as a percentage of Gross Revenue) is pre-

determined and is indicated in the draft Agreement forming part of the

Bidding Documents. The payment to the Operator by Authority on account of

Base Management Fee, Incentive Management Fee, Centralised Services Fee

1 The Adjusted Profit is derived from the �Gross Operating Profit� which is calculated as per the Uniform System of Accounts for the Lodging Industry (USALI)

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as per the conditions of the Agreement would be made in Indian Rupees only

and SSNNL will not bear any foreign exchange risk. The Incentive

Management Fee shall constitute the sole criteria for evaluation of Financial

Bids. The Project shall be awarded to the Qualified Bidder achieving the

highest Combined Score (SC), calculated as a sum of [the Technical Score

(ST) multiplied by a factor of 0.6] and the [Financial Score (SF) multiplied by a

factor of 0.4], i.e. SC = ST*0.6 + SF*0.4

The methodology for calculation of Technical Score and Financial Score is

defined in Clause 3.1 and Clause 3.2 respectively.

In this RFP, the term �highest bidder� shall mean the Qualified Bidder with the

highest Combined Score.

1.2.9 The Operator shall be entitled to collect user fee from users of the Project on

behalf of SSNNL as per the provision of the Agreement and shall be entitled

to receive payment for its services in the form of Base Management Fee

(fixed as a percentage of Gross Revenue) and Incentive Management Fee (as

determined by the Bid expressed as a percentage of Adjusted Profit).

1.2.10 Any queries or request for additional information concerning this RFP shall be

submitted in writing or by fax and e-mail to the officer designated in Clause

2.11.3 below. The envelopes/ communications shall clearly bear the following

identification/ title:

"Queries/ Request for Additional Information: RFP for Management of 52

Rooms at Kevadia in the District of Narmada, Gujarat�.

1.3 Schedule of Bidding Process

SSNNL shall endeavour to adhere to the following schedule:

Milestones Dates

Issue of Tender Documents 01/10/2018

Last date for receiving queries 17/10/2018 through email at

________________ or letter in post /

courier addressed to the Chief

Engineer (CPC), Block No 12, 3rd

Floor, New Sachivalaya, Gandhinagar

- 382010

Pre-Bid Conference 17/10/2018 at 12.00 Noon at

Conference Room, Block No 12, 3rd

Floor, New Sachivalaya, Gandhinagar

- 382010

Authority response to queries latest by 20/10/2018

Bid Due Date 30/10/2018 at 15.00 Hrs.

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Milestones Dates

Opening of Technical Bids 01/11/2018 at 16.00 Hrs.

Presentation by Qualified Bidders to the

Technical Committee

05/11/2018 at 12.00 Noon at

Conference Room, Block No 12, 3rd

Floor, New Sachivalaya, Gandhinagar

- 382010

Opening of Financial Bids To be informed separately to the

Qualified Bidders

Letter of Award (LOA) Within 30 days of Selection of the

Successful Bidder

Validity of Bids 120 days of Bid Due Date

Signing of Agreement Within 30 days of award of LOA

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Section 2 : INSTRUCTIONS TO BIDDERS

A. GENERAL

2.1 Scope of Technical Bids

2.1.1 SSNNL wishes to receive Technical Bids for Qualification in order to short-list

experienced and capable Bidders as Qualified Bidders.

2.1.2 Financial Bids of only Qualified Bidders will be considered by SSNNL.

2.2 Eligibility of Bidders

2.2.1 (a) The Bidder must be a single entity (a natural person or private entity). No

Consortium is permitted to bid for the Project.

(b) A Bidder shall not have a conflict of interest (the �Conflict of Interest�)

that affects the Bidding Process. In the event of disqualification, SSNNL shall

be entitled to forfeit and appropriate the Bid Security or Performance Security,

as the case may be, as mutually agreed genuine pre-estimated loss and

damage likely to be suffered and incurred by the Authority and not by way of

penalty for, inter alia, the time, cost and effort of the Authority,

including consideration of such Bidder�s proposal, (the �Damages�)

without prejudice to any other right or remedy that may be available to

SSNNL under the Bidding Documents and/ or the Agreement or otherwise.

Without limiting the generality of the above, a Bidder shall be deemed to have

a Conflict of Interest affecting the Bidding Process, if:

(i) the Bidder or Associate (or any constituent thereof) and any other

Bidder or its Associate (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 a Bidder, its Associate (or any shareholder thereof

having a shareholding of more than five percent of the paid up and

subscribed share capital of such Bidder or Associate, as the case may

be) in the other Bidder, its Associate, as the case may be, is less than

five per cent of the paid up and subscribed share capital thereof;

provided further that this disqualification shall not apply to a bank,

insurance company, pension fund or a public financial institution

referred to in section 2 (72) of the Companies Act, 2013.; or

(ii) (such Bidder receives or has received any direct or indirect subsidy from

any other Bidder, its Associate or has provided any such subsidy to any

other Bidder; or

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(iii) such Bidder has the same legal representative for purposes of this Bid

as any other Bidder; or

(iv) such Bidder has a relationship with another Bidder, 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

(v) such Bidder or any Associate thereof has participated as a consultant to

SSNNL in the preparation of any documents, design or technical

specifications of the Project.

(vi) such Bidder or any Associate does not own, operate or manage a

standalone convention center facility in Gujarat.

(c) A Bidder shall be liable for disqualification and forfeiture of Bid Security if

any legal, financial or technical adviser of SSNNL in relation to the Project is

engaged by the Bidder for a period of one month after �Commencement of

Commercial Operation of the proposed Project� in any manner for matters

related to or incidental to the Project.

2.2.2 To be eligible for Technical Evaluation, a Bidder shall have to propose a Brand2

for the Project that has operational hotels which classified as 5 Star Category

or 5 Star Deluxe as per Guidelines issued by Ministry of Tourism and fulfil a set

of Minimum Eligibility Criteria (the �Minimum Eligibility Criteria�). A Bidder

shall be deemed to have fulfilled the Minimum Eligibility Criteria if on the Bid

Due Date the Bidder has:

3 years� experience of operating at least 1 (one) 4 / 5-star category3 hotel

with a minimum of 60 rooms located in one single property

AND

A minimum of 150 rooms in operation under the brand being proposed by

the Bidder for the Project; provided further that the Brand being proposed

shall be in the ownership of the Bidder or its Associate

2 A Bidder can propose only one brand for the Project. The bidder is expected to undertake his own assessment of suitability of the brand proposed for the Project.

Illustration: A Bidder XYZ has two brands ABC1 and ABC2 which have operational hotels qualifying as 4 / 5 Star Category as per Guidelines issued by Ministry of Tourism, Government of India. The Bidder can either propose brand ABC 1 or ABC2 for the project and accordingly submit his technical and financial proposal.

3 As per Guidelines issued by Ministry of Tourism, Government of India

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AND

Operational Hotel or Convention Centre assets under management in a

minimum of 5 cities in India and/or globally

2.2.3 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 its statutory auditors or the Managing Director (if the

bidder is incorporated under the Indian Companies Act, 1956; Indian

Companies Act, 2013 or equivalent) stating the fulfilment of the

Minimum Eligibility Criteria as specified in Clause 2.2.2 above; and

(ii) Organisational profile and services provided by the organisation as per

format included in Appendix I (Annex-I).

2.2.4 The Bidder should submit a Power of Attorney as per the format at Appendix-

II, authorising the signatory of the Bid to commit the Bidder.

2.2.5 Any entity which has been barred by the Central/ State Government, or any

entity controlled by them, from participating in any project, and the bar

subsists as on the date of Bid, would not be eligible to submit a Bid.

2.2.7 A Bidder/ should, in the last three years, have neither failed to perform on any

contract, as evidenced by imposition of a penalty by an arbitral or judicial

authority or a judicial pronouncement or arbitration award against the Bidder,

nor been expelled from any project or contract nor have had any contract

terminated for breach by such Bidder.

2.2.8 In assessing the fulfilment of Minimum Eligibility Criteria by the Bidder as per

Clause 2.2.2, the experience of their respective Associates would also be

eligible hereunder.

For purposes of this RFP, Associate means, in relation to the Bidder, a person

who controls, is controlled by, or is under the common control with such

Bidder (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, whether by operation of law or by contract or otherwise.

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

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(i) 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;

(ii) Information supplied by a Bidder must apply to the Bidder, Member or

Associate named in the Bid and not, unless specifically requested, to

other associated companies or firms; and

(iii) in responding to the Technical Bid submissions, Bidders should

demonstrate their capabilities in accordance with Clause 3.1 below.

2.3 Site visit and verification of information

Bidders are encouraged to submit their respective Bids after visiting the

Project site and ascertaining for themselves the site conditions, market

demand, location, surroundings, climate, applicable laws and regulations, and

any other matter considered relevant by them.

2.4 Acknowledgement by Bidder

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

(a) made a complete and careful examination of the RFP;

(b) received all relevant information requested from SSNNL;

(c) acknowledged and accepted the risk of inadequacy, error or mistake in

the information provided in the RFP or furnished by or on behalf of

SSNNL relating to any of the matters referred to in Clause 2.3 above;

and

(d) agreed to be bound by the undertakings provided by it under and in

terms hereof.

2.4.2 SSNNL shall not be liable for any omission, mistake or error on the part of the

Bidder in respect of any of the above or on account of any matter or thing

arising out of or concerning or relating to the RFP or the Bidding Process,

including any error or mistake therein or in any information or data given by

SSNNL.

2.5 Right to accept or reject any or all Bids

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2.5.1 Notwithstanding anything contained in this RFP, SSNNL 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 or any obligation for such acceptance, rejection

or annulment, and without assigning any reasons thereof.

2.5.2 SSNNL reserves the right to reject any Bid if:

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

(b) the Bidder does not provide, within the time specified by SSNNL, the

supplemental information sought by SSNNL for evaluation of the Bid.

Such misrepresentation/ improper response shall lead to the disqualification

of the Bidder. If such disqualification/ rejection occurs after the Financial Bids

have been opened and the highest Bidder gets disqualified/ rejected, then

SSNNL reserves the right to:

(i) invite the remaining Qualified Bidders to submit their Bids in

accordance with the RFP; or

(ii) take any such measure as may be deemed fit in the sole discretion of

SSNNL, including annulment of the Bidding Process.

2.5.3 In case it is found during the evaluation or at any time before signing of the

Agreement or after its execution and during the period of subsistence

thereof, including the Project thereby awarded by SSNNL, 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 Operator either by issue of the LOA or entering into of the Agreement,

and if the Bidder has already been issued the LOA or has entered into the

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 SSNNL to the Bidder, without SSNNL being

liable in any manner whatsoever to the Bidder.

2.5.4 SSNNL reserves the right to verify all statements, information and documents

submitted by the Bidder in response to the RFP. Failure of SSNNL to

undertake such verification shall not relieve the Bidder of its obligations or

liabilities hereunder nor will it affect any rights of SSNNL thereunder.

B. DOCUMENTS

2.6 Contents of the RFP

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This RFP comprises the disclaimer set forth hereinabove, the contents as listed

below, and will additionally include any Addenda issued in accordance with

Clause 2.8.

Volume I: Invitation for Bids

Notice Inviting Tender

Disclaimer

Section 1. Project Information

Section 2 Instruction to Bidders

Section 3. Criteria for Evaluation

Section 4. Fraud & Corrupt Practices

Section 5. Pre -Bid Conference

Section 6. Miscellaneous

Appendices

I. Letter comprising the Technical Bid & Formats for Technical Bid

II. Power of Attorney for signing of Bid

III. Bank Guarantee for Proposal Security

IV. Format for Financial Bid

V. List of Documents to be submitted physically in original hard

copy

VI. Additional Information Sought

Volume II: Draft Management Agreement (including Annexures)

2.7 Clarifications

2.7.1 Bidders requiring any clarification on the RFP may notify SSNNL in writing or

by fax and e-mail in accordance with Clause 1.2.10. They should send in their

queries before the date specified in the schedule of Bidding Process contained

in Clause 1.3. SSNNL shall endeavour to respond to the queries within the

period specified therein, but no later than 10 (ten) days prior to the Bid Due

Date. SSNNL will forward all the queries and its responses thereto, to all

participants of the Pre-bid Conference through electronic mail, without

identifying the source of queries. The same will also be uploaded on the

website of SSNNL i.e. https://www.ssnnl.nprocure.com.

2.7.2 SSNNL shall endeavour to respond to the questions raised or clarifications

sought by the Bidders. However, SSNNL 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 SSNNL to

respond to any question or to provide any clarification.

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2.7.3 SSNNL may also on its own motion, if deemed necessary, issue interpretations

and clarifications on its website. All clarifications and interpretations issued by

SSNNL shall be deemed to be part of the RFP. Verbal clarifications and

information given by Authority or its employees or representatives shall not in

any way or manner be binding on SSNNL.

2.8 Amendment of RFP

2.8.1 At any time prior to the deadline for submission of Bids, SSNNL may, for any

reason, whether at its own initiative or in response to clarifications requested

by an Bidder, modify the RFP by the issuance of Addenda.

2.8.2 Interested Parties are advised to regularly check for updates on the website

https://www.ssnnl.nprocure.com for any Addenda issued by SSNNL.

2.8.3 In order to afford the Bidders a reasonable time for taking an Addendum into

account, or for any other reason, SSNNL may, in its sole discretion, extend the

Bid Due Date.4

C. PREPARATION AND SUBMISSION OF BIDS

2.9 Language

The Bid and all related correspondence and documents in relation to the

Bidding Process shall be in English language. Supporting documents and

printed literature furnished 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. 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. Translations, if any, shall be accompanied by certification from a

qualified translator.

2.10 Format and signing of Bids

2.10.1 The Bidder shall provide all the information sought under this RFP. SSNNL will

evaluate only those Bids that are received in the required formats and

complete in all respects. Incomplete and /or conditional Bids shall be liable to

rejection. The Bidder shall provide all the information/ documents sought

under this RFP and upload the same on the portal i.e.

https://www.ssnnl.nprocure.com as a part of its online submission of Bid as

well as by way of physical submission of original copy of the

information/documents comprising the Bid as per the requirements under

Appendix V to SSNNL, on or prior to the Bid Due Date. SSNNL will evaluate

4 While extending the Application Due Date, the Authority would have due regard for the time required by bidders to address such amendment.

Page | 21

only those Bids that are received in the required formats and complete in all

respects, as well as digitally signed wherever required for online submission. In

the event of any discrepancy between the documents comprising the online

submission and the physical submission to SSNNL, the online submission shall

prevail.

2.10.2 The Technical Bid and its copies shall be typed or written in indelible ink and

signed by the authorised signatory of the Bidder who shall also initial each

page in blue ink. In case of printed and published Documents, only the cover

shall be initialled. All the alterations, omissions, additions or any other

amendments made to the Bids shall be initialled by the person(s) signing the

Bid. The Technical Bid shall contain page numbers.

2.11 Sealing and Marking of Bids

2.11.1 The Bidder shall submit the Technical Bid in the format specified at Appendix-

I. The Bidder shall submit the Financial Bid only online in the format specified

at Appendix � IV.

2.11.2 The documents other than the Financial Bid shall be marked as "Enclosures of

the Bid". The Bidder shall also upload the scanned version of the documents

comprising the Enclosures of Bid (digitally signed wherever required) on the

https://www.ssnnl.nprocure.com portal. These documents shall include as

given below:

(i) Power of Attorney for signing the Bid as per the format at Appendix-II;

(ii) Bid Security as per format in Appendix � III or Bid Security in form of

Demand Draft, UTR receipt of online payment

(iii) A copy of the RFP (Volume I and volume II) with each page initialled by

the person signing the Bid in pursuance of the Power of Attorney

referred to in subclause (i) hereinabove.

(iv) RFP Document Fee of the amount Rs 30,000/- as mentioned in the E-

RFP Notice;

2.11.3 The envelope containing the Enclosures of the Bid shall be addressed to:

DESIGNATION: Chief Engineer (CPC)

ADDRESS: 3rd Floor, Block No 12, New Sachivalaya, Gandhinagar

Tel: ________

E-Mail ID: _________________

2.11.4 In case of hard copy submission, if the envelopes are not sealed and marked

as instructed above, SSNNL assumes no responsibility for the misplacement or

premature opening of the contents of the Bid submitted and consequent

losses, if any, suffered by the Bidder.

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2.11.5 Bids submitted by fax, telex, telegram or e-mail shall not be entertained and

shall be rejected.

2.12 Bid Due Date

2.12.1 Bids should be submitted online before 15:00 hours IST on the Bid Due Date

on the e-procurement portal https://www.ssnnl.nprocure.com in the manner

prescribed in the e-RFP Notice. The hard copy of the documents as per

Appendix V should be submitted on or before the date and time specified

Clause 1.3, in the designated Tender Box provided at the address provided in

Clause 2.11.3 in the manner and form as detailed in this RFP.

2.12.2 SSNNL may, in its sole discretion, extend the Bid Due Date by issuing an

Addendum in accordance with Clause 2.8 uniformly for all Bidders.

2.13 Late Bids

Bids received by SSNNL after the specified time on the Bid Due Date shall not

be eligible for consideration and shall be summarily rejected.

2.14 Modifications/ substitution/ withdrawal of Bids

2.14.1 The Bidder may modify, substitute or withdraw its Bid after submission,

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

received by SSNNL prior to Bid Due Date. No Bid shall be modified,

substituted or withdrawn by the Bidder on or after the Bid Due Date.

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

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

being additionally marked �MODIFICATION�, �SUBSTITUTION� or

�WITHDRAWAL�, as appropriate.

2.14.3 Any alteration/ modification in the Bid or additional information supplied

subsequent to the Bid Due Date, unless the same has been expressly sought

for by SSNNL, shall be disregarded.

D. EVALUATION PROCESS

2.15 Opening and Evaluation of Technical Bids

2.15.1 SSNNL shall open the Technical Bids at 16:00 hours IST (If possible) on the Bid

Due Date, at the place specified in Clause 2.11.3 and in the presence of the

Bidders who choose to attend.

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2.15.2 Bids for which a notice of withdrawal has been submitted in accordance with

Clause 2.14 shall not be opened.

2.15.3 SSNNL will subsequently examine and evaluate Technical Bids in accordance

with the provisions set out in Section 3.

2.15.4 Bidders are advised that qualification of Bidders will be entirely at the

discretion of SSNNL. 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.

2.15.5 Any information contained in the Bid shall not in any way be construed as

binding on SSNNL, its 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.

2.15.6 SSNNL 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.

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

contained in formats other than those specified herein, SSNNL may, in its sole

discretion, exclude the relevant project from evaluation of Technical Proposal

of such Bidder.

2.15.8 In the event that a Bidder claims credit for an eligible project, and such claim is

determined by SSNNL as incorrect or erroneous, SSNNL shall reject such claim

and exclude relevant project from evaluation of Technical Proposal of such

Bidder. Where any information is found to be patently false or amounting to a

material misrepresentation, SSNNL reserves the right to reject the Bid and/ or

Bid in accordance with the provisions of Clauses 2.5.

2.16 Confidentiality

Information relating to the examination, clarification, evaluation, and

recommendation for the 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 SSNNL in relation to, or matters arising out of, or

concerning the Bidding Process. SSNNL will treat all information, submitted as

part of Bid, in confidence and will require all those who have access to such

material to treat the same in confidence. SSNNL 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

Page | 24

privilege of the statutory entity and/ or SSNNL or as may be required by law

or in connection with any legal process.

2.17 Tests of responsiveness

2.17.1 Prior to evaluation of Technical Bids, SSNNL shall determine whether each

Technical Bid is responsive to the requirements of the RFP. A Technical Bid

shall be considered responsive only if:

(a) it is received as per format at Appendix-I with scanned versions of the

same uploaded on the portal;

(b) it is received by the Bid Due Date including any extension thereof

pursuant to Clause 2.12.2;

(c) it is signed, sealed, and marked as stipulated in Clause 2.11;

(d) it is accompanied by the Power of Attorney as specified in Clause 2.2.4 ;

(e) it contains all the information (complete in all respects) as requested in

this RFP;

(f) it contains information in formats same as those specified in this RFP;

(g) it is accompanied by the Bid Security;

(h) the scanned version of the original copies of all the documents (Enclosures

of Bid) including Bid Security, RFP Document Fee and Power(s) of

Attorney have been up-loaded on the e-tendering portal of NPROCURE

by the date and time specified in this RFP, digitally signed wherever

required;

(i) the hard copy of the Bid/ enclosures of bid as specified in Appendix VI

has been duly submitted by Bid Due Date at address specified in 2.11.3;

(j) it does not contain any condition or qualification; and

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

2.17.2 SSNNL reserves the right to reject any Technical Bid which is non-responsive

and no request for alteration, modification, substitution or withdrawal shall be

entertained by SSNNL in respect of such Bid.

2.18 Clarifications

Page | 25

(i) To facilitate evaluation of Bids, SSNNL may, at its sole discretion, seek

clarifications from any Bidder regarding its Bid. Such clarification(s) shall be

provided within the time specified by SSNNL for this purpose. Any request for

clarification(s) and all clarification(s) shall be in writing.

(ii) If a Bidder does not provide clarifications sought under Sub-Clause (i) above

within the prescribed time, its Bid shall be liable to be rejected. In case the Bid

is not rejected, SSNNL 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

SSNNL.

E. QUALIFICATION AND BIDDING

2.19 Qualification and notification

After the evaluation of Technical Bids, SSNNL would announce a list of short-

listed Qualified Bidders (Bidders) whose Financial Bids will be eligible to be

taken up by SSNNL for consideration. At the same time, SSNNL would notify

the other Bidders that they have not been short-listed. SSNNL will not

entertain any query or clarification from Bidders who fail to qualify.

2.20 Opening of Financial Bids

The Qualified Bidders will be asked to attend the opening of the Financial Bids

at a venue and time notified by SSNNL.

2.21 Proprietary data

All documents and other information supplied by SSNNL or submitted by a

Bidder to SSNNL shall remain or become the property of SSNNL. 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. SSNNL will

not return any Bid or any information provided along therewith.

2.22 Correspondence with the Bidder

SSNNL shall not entertain any correspondence with any Bidder in relation to

the acceptance or rejection of any Bid. Bids shall be deemed to be under

consideration immediately after they are opened and until such time SSNNL

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

Page | 26

Documents, from contacting by any means, SSNNL and/ or their employees/

representatives on matters related to the Bids under consideration.

F. BID SECURITY

2.23 Bid Security

2.23.1. The Bidder shall furnish as part of its Bid, a Bid Security referred to in Clause

1.2.4 hereinabove in the form of a bank guarantee issued by a

nationalised bank, or a Scheduled Bank in favour of Executive Engineer

(Tourism Division), SSNNL, Kevadia Colony, Kevadia Payable at any Scheduled

Bank having its Branch at Kevadia / Vadodara in the State of Gujarat in the

format at Appendix � III (the �Bank Guarantee�) and having a validity period

of not 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 SSNNL and the Bidder from time to time. In case the

Bank Guarantee is issued by a foreign bank outside India, confirmation of the

same by any nationalised bank in India is required. For the avoidance of

doubt, Scheduled Bank shall mean a bank as defined under Section 2(e) of the

Reserve Bank of India Act, 1934.

2.23.2. Bid Security can also be in the form of a demand draft issued by a Scheduled

Bank in India, drawn in favour of � Executive Engineer (Tourism Division),

SSNNL, Kevadia Colony, Kevadia Payable at any Scheduled Bank having its

Branch at Kevadia / Vadodara in the State of Gujarat (the �Demand Draft�).

2.23.3. Any Bid not accompanied by the Bid Security shall be summarily rejected by

SSNNL as non- responsive.

2.23.4. Save and except as provided in Clause 2.2.1 above, the Bid Security of

unsuccessful Bidders will be returned by SSNNL, without any interest, as

promptly as possible on acceptance of the Bid of the Selected Bidder or when

the Bidding process is cancelled by SSNNL, and in any case within 90 (ninety)

days from the Bid Due Date. Where Bid Security has been paid by deposit,

either in form of Demand Draft the refund thereof shall be in the form of an

account payee demand draft in favour of the unsuccessful Bidder(s). Bidders

may by specific instructions in writing to SSNNL give the name and address of

the person in whose favour the said demand draft / Account payee cheque

shall be drawn by SSNNL for refund, failing which it shall be drawn in the

name of the Bidder and shall be mailed to the address given on the Bid.

Page | 27

2.23.5. The Selected Bidder�s Bid Security will be returned, without any interest, upon

the Operator signing the Agreement and furnishing the Performance Security

in accordance with the provisions thereof.

2.23.6. SSNNL shall be entitled to forfeit and appropriate the Bid Security as Damages

inter-alia in any of the events specified in Clause 2.23.7 herein below. The

Bidder, by submitting its Bid pursuant to this RFP, shall be deemed to have

acknowledged and confirmed that SSNNL will suffer loss and damage on

account of withdrawal of its Bid or for any other default by the Bidder during

the period of Bid validity as specified in the RFP. No relaxation of any kind on

Bid Security shall be given to any Bidder.

2.23.7. The Bid Security shall be forfeited as Damages without prejudice to any other

right or remedy that may be available to SSNNL under the Bidding Documents

and/ or under the Agreement or otherwise, under the following conditions:

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

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

practice, undesirable practice or restrictive practice as specified in

Section 4 of this RFP;

c) If a Bidder withdraws its Bid during the period of Bid validity as

specified in this RFP and as extended by mutual consent of the

respective Bidder (s) and SSNNL;

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

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

ii) to sign the Agreement; or

iii) to furnish the Performance Security within the period prescribed

therefor in the Agreement; or

e) In case the Selected Bidder, having signed the Agreement, commits any

breach thereof prior to furnishing the Performance Security.

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3. CRITERIA FOR EVALUATION

3.1 Evaluation � Technical Bid

3.1.1 Only those Bidders who meet the Minimum Eligibility Criteria specified in

Clause 2.2.2 above shall qualify for evaluation under this Section 3. The

Technical Bids of firms who do not meet these criteria shall be rejected.

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

through the Technical Score it is able to garner based on the following scoring

system:

Technical Scoring System Marks

Experience of managing Cumulative Closed Banqueting Space /

Convention Space across Operational Assets

Cumulative Space greater than 2000 Sq. Mt. and less than or equal to

2650 Sq. Mt. 2

Cumulative Space greater than 2650 Sq. Mt. and less than or equal to

3300 Sq. Mt. 5

Cumulative Space greater than 3300 Sq. Mt. and less than or equal to

3935 Sq. Mt. 7

Cumulative Space greater than 3935 Sq. Mt.. 10

Maximum Score 10

Total Number of Rooms of 4 / 5 Star Category Category under

management of Bidder under various brands across various

properties in India

Less than or equal to 150 Rooms 2

Greater than 150 Rooms or less than or equal to 200 Rooms 4

Greater than 200 Rooms or less than or equal to 250 Rooms 6

Greater than 250 Rooms or less than or equal to 300 Rooms 8

Greater than 300 Rooms 10

Maximum Score 10

Global Footprint

Operations in 2-5 Countries 4

Operations in 6-10 Countries 6

Operations in 11-20 Countries

8

Operations in 20 or more Countries 10

Maximum Score 10

Frequent Guest Program / Loyalty Program

Number of Members in India of the Guest Program / Loyalty Program

of the Bidder whereby the Bidder with Maximum number of members

in India would be awarded the Maximum score and other competing

bidders would be entitled a proportionate score

Maximum Score 10

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Technical Scoring System Marks

Growth Rate in Gross Revenue from Operational Assets5 in India

The Bidder with the highest Compounded Annual Growth Rate (CAGR)6

in Gross Revenue from Operational Assets in India over the Last Five

Financial Years would be awarded the Maximum score and other

competing bidders would be entitled a proportionate score7.

Maximum Score 10

Average Gross Revenue for Last Three Financial Years preceding

Bid Due Date8 across Operational Assets in India

Average Gross Revenue less than or equal to INR 75 Crore 2

Average Gross Revenue greater than INR 75 Crore and less than or

equal to INR 100 Crore

5

Average Gross Revenue greater than INR 100 Crore and less than or

equal to INR 250 Crore

7

Average Gross Revenue greater than INR 250 Crore 10

Maximum Score 10

Presentation to be evaluated by Technical Committee

Approach & Methodology covering:

Business Plan & Financial Projections for First 5 Years of Operations

encompassing market assessment, revenue and cost estimates

including Fees9 payable to operator by Authority

Cost Control Measures during Operations (including S&M Fee,

Centralized Service Fee etc.)

Marketing Plan for the Project

Estimated Cost of Development of a Room in line with Brand

Proposed

Employee Management (Bidder proposing to hire Employees on its

own / associate Payrolls so as to eliminate the requirement to hire

employees on SSNNL payrolls or Bidder proposing the Employees to

be hired on SSNNL Payroll)$

Growth trends in Gross Operating Profit for operational assets of

Bidder

Initiatives to mitigate Revenue Risk borne by SSNNL under

Management Contract

Maximum Score 40

Total Score 100

5 Operational Assets would include Owned / Franchisee / Managed assets of the Bidder 6 CAGR = { (Gross Revenue in FY 2017-18 / Gross Revenue in FY 2013-14)^(1/5)-1 } 7 Illustration: If a Bidder A has a CAGR of 15% in Gross Revenue over the preceding five financial year while Bidder B has a CAGR of 12% and Bidder C has a CAGR of 9%, the technical score allocated would be 10, 8, 6 to Bidder A, B and C respectively. 8 Last three financial year preceding bid due date mean FY 2017-18, FY 2016-17 and FY 2015-16 9 As part of the Business Plan and Financial Projections, the bidder should not exhibit the quoted Incentive Management Fee instead an Indicative Incentive Management Fee be presented

Page | 30

*Classification as per Guidelines issued by Ministry of Tourism, Government of

India as on 31st March, 2017. $Bidder to give an undertaking as per Form � G (Annex-II)

The Presentation will be evaluated by a Technical Committee to be formed by

SSNNL and shall consist of senior members drawn from SSNNL�s Board of

Directors, the Government of Gujarat and Sector experts appointed at the

discretion of SSNNL.

As part of the technical proposal, the bidder is also required to submit Form F

encompassing details on Centralised Services Fee, Sales & Marketing Fee and

Technical Services Fee for the proposed Brand for the Project.

3.2 Evaluation � Financial Bid

3.2.1 A Bidder has to achieve a minimum Technical Score of 60 in order to be

declared a Qualified Bidder and be eligible for evaluation of Financial Bids.

3.2.2 The Financial Bid will be evaluated on the basis of the Incentive Management

Fee (as a percentage of Adjusted Profit as defined in Agreement) to be quoted

by the Qualified Bidders. The Qualified Bidder quoting the lowest Incentive

Management Fee shall be assigned a Financial Score of 100. Other Qualified

Bidders� Financial Score shall be determined by subtracting from 100, 1 point

(or part thereof) for every 10 basis points (or part thereof) increase in Financial

Bid. For avoidance of doubt, for every absolute percent (or part thereof)

increase in the Financial Bid, the Financial Score will be reduced by 10 points

(or part thereof).

Illustration:

If the lowest financial bid is assumed as 5%, the Bidder quoting the same will

be assigned a Financial Score of 100. If another Bidder quotes a financial bid

of 5.5%, it will be assigned a financial score of 95; a Bidder quoting 5.75% will

be assigned a Financial Score of 92.5, a Bidder quoting 6.50% will be assigned

a Financial Score of 85 and so on.

3.3 Details of Experience

3.3.1 The Bidder should furnish the details of Eligible Experience for the past 5 (Five)

years preceding the Bid Due date.

3.3.2 The Bidders must provide the necessary information relating to fulfilment of

Minimum Eligibility Criteria as per format at Annex-II of Appendix-I.

Page | 31

3.4 Financial information for purposes of evaluation

3.4.1 The Technical Bid must be accompanied by the Audited Annual Reports of the

Bidder for the last 3 (three) financial years, preceding the year in which the Bid

is made.

3.5 Short-listing of Bidders

The credentials of eligible Bidders shall be measured in terms of their meeting

the Minimum Eligibility Criteria and achieving a minimum Technical Score of

60 as per Clause 3.1.2.

3.6 Selection of Bidder

3.6.1. Qualified Bidder whose Bid is adjudged as responsive in terms of Clause

2.17 and who achieves the highest Combined Score shall be declared as the

selected Bidder (the �Selected Bidder�). In the event that SSNNL rejects or

annuls all the Bids, it may, in its discretion, invite all Qualified Bidders to

submit fresh Bids hereunder.

3.6.2. In the event that two or more Qualified Bidders achieve the same Combined

Score (the "Tie Bidders"), SSNNL shall identify the Selected Bidder by inviting

the Tie Bidder submitting the lower Financial Bid.

3.6.3. After selection, a Letter of Award (the �LOA�) shall be issued, in

duplicate, by SSNNL to the Selected Bidder and the Selected Bidder shall,

within 7 (seven) days of the receipt of the LOA, sign and return the

duplicate copy of the LOA in acknowledgement thereof. In the event

the duplicate copy of the LOA duly signed by the Selected Bidder is not

received by the stipulated date, the Authority may, unless it consents to

extension of time for submission thereof, appropriate the Bid Security of such

Bidder as Damages on account of failure of the Selected Bidder to

acknowledge the LOA, and the next eligible Bidder may be considered.

3.6.6. After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall

cause the Operator to execute the Agreement within the period prescribed in

Clause 1.3. The Selected Bidder shall not be entitled to seek any deviation,

modification or amendment in the Agreement.

3.7. CONTACTS DURING BID EVALUATION

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

opened and until such time SSNNL makes official intimation of award/

rejection to the Bidders. While the Bids are under consideration, Bidders

Page | 32

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, SSNNL and/ or their employees/ representatives on

matters related to the Bids under consideration.

Page | 33

4. Fraud and corrupt practices

4.1 The Bidders and their respective officers, employees, agents and advisers shall

observe the highest standard of ethics during the Bidding Process.

Notwithstanding anything to the contrary contained herein, SSNNL 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.

4.2 Without prejudice to the rights of SSNNL under Clause 4.1 hereinabove, if a

Bidder is found by SSNNL 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 SSNNL during a period of 2 (two) years from the date such Bidder is

found by SSNNL to have directly or indirectly or through an agent, engaged

or indulged in any corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice, as the case may be.

4.3 For the purposes of this Clause 4, the following terms shall have the meaning

hereinafter respectively assigned to them:

(a) �corrupt practice� means (i) the offering, giving, receiving, or

soliciting, directly or indirectly, of anything of value to influence the

actions of any person connected with the Bidding Process (for

avoidance of doubt, offering of employment to or employing or

engaging in any manner whatsoever, directly or indirectly, any official

of SSNNL who is or has been associated in any manner, directly or

indirectly with the Bidding Process or the LOA or has dealt with matters

concerning the Agreement or arising therefrom, before or after the

execution thereof, at any time prior to the expiry of one year from the

date such official resigns or retires from or otherwise ceases to be in

the service of SSNNL, shall be deemed to constitute influencing the

actions of a person connected with the Bidding Process); or (ii)

engaging in any manner whatsoever, whether during the Bidding

Process or after the issue of the LOA or after the execution of the

Agreement, as the case may be, any person in respect of any matter

relating to the Project or the LOA or the Agreement, who at any time

has been or is a legal, financial or technical adviser of SSNNL in

relation to any matter concerning the Project;

Page | 34

(b) �fraudulent practice� means a misrepresentation or omission of facts

or suppression of facts or disclosure of incomplete facts, in order to

influence the Bidding Process ;

(c) �coercive practice� means impairing or harming or threatening to

impair or harm, directly or indirectly, any person or property to

influence any person�s participation or action in the Bidding Process;

(d) �undesirable practice� means (i) establishing contact with any person

connected with or employed or engaged by SSNNL with the objective

of canvassing, lobbying or in any manner influencing or attempting to

influence the Bidding Process; or (ii) having a Conflict of Interest; and

(e) �restrictive practice� means forming a cartel or arriving at any

understanding or arrangement among Bidders with the objective of

restricting or manipulating a full and fair competition in the Bidding

Process.

Page | 35

5. Pre-Bid Conference

5.1 A Pre-Bid Conference of the interested parties shall be convened on

17/10/2018 at 12.00 Hrs at Conference Room, Block No 12, 3rd Floor, New

Sachivalaya, Gandhinagar � 382 010.

5.2 During the course of Pre-Bid Conference, the Bidders will be free to seek

clarifications and make suggestions for consideration of SSNNL. SSNNL shall

endeavour to provide clarifications on those queries received prior to the date

specified in Clause 1.3 and such further information as it may, in its sole

discretion, consider appropriate for facilitating a fair, transparent and

competitive Bidding Process.

5.3 Date: 17/10/2018

Time: 12:00 Noon

Venue Address:

Conference Room, Block No 12, 3rd Floor, New Sachivalaya, Gandhinagar � 382

0107

Page | 36

6. Miscellaneous

6.1 The Bidding Process shall be governed by, and construed in accordance with,

the laws of India and the Courts at Gujarat shall have exclusive jurisdiction

over all disputes arising under, pursuant to and/ or in connection with the

Bidding Process.

6.2 SSNNL, in its sole discretion and without incurring any obligation or liability,

reserves the right, at any time, to;

(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or

supplement the Bidding Process or modify the dates or other terms and

conditions relating thereto;

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

information;

(c) qualify or not to qualify any Bidder and/ or to consult with any Bidder in

order to receive clarification or further information;

(d) retain any information and/ or evidence submitted to SSNNL by, on

behalf of, and/ or in relation to any Bidder; and/ or

(e) independently verify, disqualify, reject and/ or accept any and all

submissions or other information and/ or evidence submitted by or on

behalf of any Bidder.

6.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases

SSNNL, 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.

Page | 37

APPENDIX I

Letter Comprising the Technical Bid

(Refer Clause 2.2.3)

Dated:

To,

Chief Engineer (CPC)

Block No 12, 3rd Floor, New Sachivalaya, Gandhinagar � 382 010

Sub: Bid for Management of 52 Room at Shrestha Bharat Bhavan at Kevadia, Dist.

Narmada, Gujarat

Dear Sir,

1 With reference to your RFP document dated ______ 2018, I/we, having

examined the Bidding Documents and understood their contents, hereby

submit my Bid for the aforesaid project. The Bid is unconditional and

unqualified.

2. All information provided in the Bid and in Annexes I to III is true and correct

and all documents accompanying such Bid are true copies of their respective

originals.

3. This statement is made for the express purpose of our selection as an

Operator for the operation and maintenance of the aforesaid Project.

4. I/ We shall make available to SSNNL any additional information it may find

necessary or require to supplement or authenticate the Bid.

5. I/ We acknowledge the right of SSNNL to reject our Bid without assigning any

reason or otherwise and hereby waive our right to challenge the same on any

account whatsoever.

6. I / We certify that we do not own, operate or manage a standalone convention

centre in Gujarat.

7. I/ We certify that in the last three years, we have neither failed to perform on

any contract, as evidenced by imposition of a penalty by an arbitral or judicial

authority or a judicial pronouncement or arbitration award, nor been expelled

from any project or contract nor have had any contract terminated for breach

on our part.

8. I/ We declare that:

(a) I/ We have examined and have no reservations to the Bidding

Documents, including any Addendum issued by SSNNL.

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

2.2.1(b) and 2.2.1(c) of the RFP document; and

(c) I/We have not directly or indirectly or through an agent engaged or

indulged in any corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice, as defined in Clause 4.3 of

the RFP document, in respect of any tender or request for proposal

Page | 38

issued by or any agreement entered into with SSNNL or any other

public sector enterprise or any government, Central or State; and

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

conformity with the provisions of Clause 4 of the RFP document, no

person acting for us or on our behalf has engaged or will engage in any

corrupt practice, fraudulent practice, coercive practice, undesirable

practice or restrictive practice.

9. I/ We understand that you may cancel the Bidding Process at any time and

that you are neither bound to accept any Bid that you may receive nor to

invite the Bidders to Bid for the Project, without incurring any liability to the

Bidders, in accordance with Clause 6.2 of the RFP document.

10. I/ We believe that we meet all the requirements as specified in the RFP

document and are/ is qualified to submit a Bid.

11. I/ We certify that in regard to matters other than security and integrity of the

country, we 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 have not been charge-sheeted by any agency of the

Government or convicted by a Court of Law for any offence committed by us

or by any of our Associates.

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

either against us or against our Associates or against our CEO or any of our

Directors/ Managers/ employees.

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

during the Bidding Process, we are attracted by the provisions of

disqualification in terms of the provisions of this RFP, we shall intimate SSNNL

of the same immediately.

15. The Statement of Legal Capacity as per format provided at Annex-III in

Appendix-I of the RFP document, and duly signed, is enclosed. The power of

attorney for signing of Bid, as per format provided at Appendix II of the RFP,

are also enclosed.

16. I/ We understand that the selected Bidder shall either be an existing Company

incorporated under the Indian Companies Act, 1956/2013, or shall incorporate

itself as such prior to execution of the Agreement.

Page | 39

17. I/ We, hereby irrevocably waive any right or remedy which we may have at any

stage at law or howsoever otherwise arising to challenge or question any

decision taken by SSNNL 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.

18. I/ We agree and undertake to abide by all the terms and conditions of the

Bidding Documents.

19. I/We undertake to hire qualified and trained personnel for operation and

maintenance of the project in conformity with the provisions of the

Agreement.

20. I/ We hereby certify that the Proposed Brand ____________ for the Project is

owned by ___________ [Bidder Details] or ______ [Associate] which is an associate

of __________ [Bidder Details].

21. I/We hereby submit our Financial Bid in the prescribed format uploaded on

the e-tendering portal of NPROCURE for undertaking the aforesaid Project in

accordance with the Bidding Documents.

22. I/We shall keep this offer valid for 120 (one hundred and twenty) days from

the Bid Due Date specified in the RFP

In witness thereof, I/ we submit this Bid under and in accordance with the

terms of the RFP document.

Yours faithfully,

Date: (Signature, name and designation of the Authorised

Signatory)

Place: Name and seal of the

Bidder

Page | 40

Appendix I

Annex-I

ANNEX-I -Details of Bidder

1. (a) Name:

(b) Country of incorporation:

(c) Address of the headquarters and its branch office(s) in India:

(d) Date of incorporation and/ or commencement of business:

2. Detailed organisational profile of the Entity including services rendered,

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 SSNNL:

(a) Name:

(b) Designation:

(c) Employer:

(d) Address:

(e) Telephone Number:

(f) E-Mail Address:

(g) Fax Number:

4. Particulars of the Authorised Signatory of the Bidder:

(a) Name:

(b) Designation:

(c) Address:

(d) Phone Number:

(e) Fax Number:

Page | 41

Appendix I

Annex-II

ANNEX-II

Form A � Format for Minimum Eligibility of the Bidder@

(Refer to Clauses 2.2.2of the RFP)

A1 � Details of 4 / 5-star category hotel with a minimum of 60 rooms in a

Single Property

1. Hotel Name:

2. Hotel Classification as per Guideline issued

by Ministry of Tourism, Govt. of India

(Proof to be attached)

3. Location (City / State):

4. No. of Rooms of 4 / 5 Star Categoryin Hotel:

(To be certified by Statutory Auditor or

Chartered Accountant)

5. Brief Description of Property:

6. Years of Operation:

(To be certified by Statutory Auditor or

Chartered Accountant)

A2 � Details of room inventory of proposed brand for the Project

whereby the Proposed Brand is under the ownership of the Bidder or its

Associate

Asset 1:

1. Hotel Name:

2. Brand:

3. Category of Hotel (Star category* if in India):

4. Location (City / Country):

5. No. of Rooms: (To be certified by Statutory

Auditor or Chartered Accountant)

Asset 2:

1. Hotel Name:

2. Brand:

3. Category of Hotel (Star category* if in India):

4. Location (City / Country):

5. No. of Rooms: (To be certified by Statutory

Auditor or Chartered Accountant)

Asset 3:

1. Hotel Name:

2. Brand:

Page | 42

3. Category of Hotel (Star category* if in India):

4. Location (City / Country):

5. No. of Rooms: (To be certified by Statutory

Auditor or Chartered Accountant)

Additional details of Assets may be enclosed such that exhibited room

inventory under Proposed Brand is greater than 300 Rooms to meet the

minimum eligibility criteria

A3 � Details of Operational Hotel or Convention Centre assets under

management in a minimum of 5 cities in India and/or globally

Operational Asset - 1

1. Hotel / Convention Center Name:

2. Location (City / Country):

3. Years of Operation: (To be certified by Statutory

Auditor or Chartered Accountant)

Operational Asset - 2

1. Hotel / Convention Center Name:

2. Location (City / Country):

3. Years of Operation: (To be certified by Statutory

Auditor or Chartered Accountant)

Operational Asset � 3

1. Hotel / Convention Center Name:

2. Location (City / Country):

3. Years of Operation: (To be certified by Statutory

Auditor or Chartered Accountant)

Operational Asset � 4

1. Hotel / Convention Center Name:

2. Location (City / Country):

3. Years of Operation: (To be certified by Statutory

Auditor or Chartered Accountant)

Operational Asset � 5

1. Hotel / Convention Center Name:

2. Location (City / Country):

3. Years of Operation: (To be certified by Statutory

Auditor or Chartered Accountant)

(Signature, name and designation of the Authorised Signatory)

Name and seal of the Bidder

Date:

Place:

Page | 43

Instructions:

@ Provide details of only those projects that have been undertaken by the

Bidder under its own name and/ or by an Associate specified in Clause 2.2.8

* Category as per the Guidelines issued by Ministry of Tourism, Government of

India as on 31st March, 2017.

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

relationship of the Bidder with such Associate, in terms of Clause 2.2.9, shall be

provided and validated by the Statutory Auditor or Managing Director/

Executive Director of the Firm.

Page | 44

Form B � Format for Technical Capacity of the Bidder

(Refer to Clauses 3.1.2 of the RFP)

1. Hotel Name / Convention Center Name:

2. Hotel Classification as per Guideline issued

by Ministry of Tourism, Govt. of India if in

India

(Proof to be attached)

3. Location (City / Country):

4. No. of Rooms of 5 Star Category* or 5 Star

Deluxe Category* in Hotel if in India: (To be

certified by Statutory Auditor or Chartered

Accountant)

5. Closed/Covered Banqueting Space /

Convention Space in Sq. Ft.: (To be certified

by Statutory Auditor or Chartered

Accountant)

6. Brief Description of Property:

7. Years of Operation:

(To be certified by Statutory Auditor or

Chartered Accountant)

(Signature, name and designation of the Authorised Signatory)

Name and seal of the Bidder

Date:

Place:

Instructions:

1. Applicants are expected to provide information in respect of each

Eligible Projects in this Annex.

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

3. To exhibit Global Footprint, Bidder is required to submit details as per

the format outlined above across Countries.

@ Provide details of only those projects that have been undertaken by the

Bidder under its own name and/ or by an Associate specified in Clause 2.2.8

* Category as per the Guidelines issued by Ministry of Tourism, Government of

India as on 31st March, 2017. In case credit is claimed for an Associate,

necessary evidence to establish the relationship of the Bidder with such

Associate, in terms of Clause 2.2.9, shall be provided and validated by the

Statutory Auditor or Managing Director/ Executive Director of the Firm.

Page | 45

Form C � Details on Guest Program / Loyalty Program

On Letter Head of Bidder

(Refer to Clauses 3.1.2 of the RFP)

The bidder is required to outline the number of members in India part of the

Frequent Guest Program or Loyalty Program as on 31st March, 2017 which

shall be certified by Statutory Auditor or Managing Director/ Executive

Director of the Firm.

(Signature, name and designation of the Authorised Signatory)

Name and seal of the Bidder

Date:

Place:

Page | 46

Form D � Growth Rate in Gross Revenue across Operational Assets in

India

On Letter Head of Statutory Auditor

S.No. Particulars FY

2013-

14

FY

2014-

15

FY 2015-

16

FY 2016-

17

FY 2017-

18

1 Annual Gross

Revenue from

Operational

Assets (INR

Crore)

2 No. of

Operational

Assets in India

CAGR of Gross Revenue from Operational Assets in India over last

Five Financial Year:

(Percentage)

Name of the audit firm:

Seal of the audit firm:

Signature:

Name:

Membership Number:

Designation:

Date:

Note:

CAGR =

Gross Revenue in F.Y 2017-

18

^

(1/5) -1

Gross Revenue in F.Y. 2013-

14

Page | 47

Form E � Average Gross Revenue across Operational Assets in India

On Letter Head of Statutory Auditor

S.No. Particulars FY 2016-17 FY 2015-16 FY 2014-15

1 Annual Gross

Revenue from

Operational Assets

(INR Crore)

2 No. of Operational

Assets in India

Average Annual Gross Revenue for Last Three Financial Year

from Operational Assets (INR Crore)

Name of the audit firm:

Seal of the audit firm:

Signature:

Name:

Membership Number:

Designation:

Date:

Page | 48

Form F � Details of Centralised Service Fee, Sales & Marketing Fee

On Letter Head of Bidder

The bidder is required to detail out various Fees payable to Operator by

SSNNL in addition to the Base Management and Incentive Management Fees.

The method of calculation of the fees payable should also be outlined.

The details quoted by the bidder would be binding upon the bidder.

The requested details should be certified by Managing Director/ Executive

Director of the Firm along with certification from the Authorized Signatory.

Page | 49

Form G � Employee Management

On Letter Head of Bidder

The bidder is required to detail out its model of Employee Management for

the Project whereby the Bidder is proposing to hire Employees on its own /

associate Payrolls so as to eliminate the requirement to hire employees on

SSNNL payrolls or the Bidder requires SSNNL to be hire the employees for the

Project on SSNNL Payroll.

In case the Bidder proposes to hire the Employees on its own / associate

payrolls, the cost of the same would be reimbursed by SSNNL as per the

Agreement.

Bidder is also required to outline the strategy and framework of Employee

Management as part its Technical Bid.

The requested details should be certified by Managing Director/ Executive

Director of the Firm along with certification from the Authorized Signatory.

Page | 50

ANNEX-III Statement of Legal Capacity

(To be forwarded on the letterhead of the Bidder)

Ref. Date:

To,

Chief Engineer (CPC)

Block No 12, 3rd Floor, New Sachivalaya, Gandhinagar � 382 010.

Dear Sir,

We hereby confirm that we satisfy the terms and conditions laid out in the RFP

document.

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

representative and has been duly authorized to submit the RFP. Further, the

authorised signatory is vested with requisite powers to furnish such letter and

authenticate the same.

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of�����������..

Page | 51

APPENDIX II - Power of Attorney for signing of Bid

To be submitted physically in original hard copy also (Refer Clause 2.2.4)

Know all men by these presents, We�����������������.. (name of

the firm and address of the registered office) do hereby irrevocably constitute,

nominate, appoint and authorise Mr/ Ms (name), ��������

son/daughter/wife of ������������ and presently residing at

�������., who is presently employed with us and holding the position of

�����������. , as our true and lawful attorney (hereinafter referred to as

the �Attorney�) to do in our name and on our behalf, all such acts, deeds and

things as are necessary or required in connection with or incidental to

submission of our bid for the Management of 52 Room 4 / 5-Star Hotel at

Kevadia developed by SSNNL (the �Authority�) including but not limited to

signing and submission of all bids and other documents and writings,

participate in Pre-Bid and other conferences and providing information/

responses to SSNNL, representing us in all matters before SSNNL, signing

and execution of all contracts including the Agreement and undertakings

consequent to acceptance of our bid, and generally dealing with SSNNL in all

matters in connection with or relating to or arising out of our bid for the said

Project[s] and/ or upon award thereof to us and/or till the entering into of the

Agreement with SSNNL.

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.

IN WITNESS WHEREOF WE, ����������., THE ABOVE NAMED PRINCIPAL

HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ��� DAY OF ����.,

2�..

Appendix II

Page 2

For ����������..

(Signature, name, designation and address)

Witnesses:

Page | 52

1.

(Notarised)

2.

Accepted

�����������

(Signature)

(Name, Title and Address

of the Attorney)

Notes:

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

with the procedure, if any, laid down by the applicable law and the charter

documents of the executant(s) and when it is so required, the same should be

under common seal affixed in accordance with the required procedure.

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.

For a Power of Attorney executed and issued overseas, the document will

also have to be legalised by the Indian Embassy and notarised in the

jurisdiction where the Power of Attorney is being issued. However, the Power

of Attorney provided by Bidders from countries that have signed the Hague

Legislation Convention 1961 are not required to be legalised by the Indian

Embassy if it carries a conforming Appostille certificate.

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APPENDIX � III - Bank Guarantee for Bid Security

To be submitted physically in original hard copy also (Refer Clause 2.23.1)

B.G. No. Dated:

1. In consideration of you, *****, having its office at *****, (hereinafter

referred to as the �Authority�, which expression shall unless it be

repugnant to the subject or context thereof include its,

successors and assigns) having agreed to receive the Bid

of _________ [a company registered under provision of the

Companies Act, 1956] and having its registered office at _

(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

Management of 52 Room 4 / 5-Star Hotel at Kevadia (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 agreement

(hereinafter collectively referred to as �Bidding Documents�),

we [Name of the Bank] having our registered office at ____ _

and one of its branches at _ _______ (hereinafter referred to as

the �Bank�), at the request of the Bidder, do hereby in terms of Clause

2.1.7 read with Clause 2.1.8 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 SSNNL an amount of Rs. ***** (Rupees ***** only)

(hereinafter referred to as the �Guarantee�) as our primary obligation

without any demur, reservation, recourse, contest or protest and

without reference to the Bidder if the Bidder shall fail to fulfil or

comply with all or any of the terms and conditions contained in

the said Bidding Documents.

2. Any such written demand made by SSNNL stating that the Bidder is

in default of the due and faithful fulfilment and compliance with the

terms and conditions contained in the Bidding Documents shall be

final, conclusive and binding on the Bank.

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

amounts due and payable under this Guarantee without any

demur, reservation, recourse, contest or protest and without any

reference to the Bidder or any other person and irrespective of

whether the claim of SSNNL is disputed by the Bidder or not merely

on the first demand from SSNNL stating that the amount claimed is

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due to SSNNL by reason of failure of the Bidder to fulfil and comply

with the terms and conditions contained in the Bidding Documents

including failure of the said Bidder to keep its Bid open during the Bid

validity period as setforth in the said Bidding Documents for any

reason whatsoever. Any such demand made on the Bank shall be

conclusive as regards amount due and payable by the Bank under

this Guarantee. However, our liability under this Guarantee shall be

restricted to an amount not exceeding Rs. ***** (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 SSNNL 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 SSNNL shall be the sole judge to

decide as to whether the Bidder is in default of due and faithful

fulfilment and compliance with the terms and conditions contained in

the Bidding Documents including, inter alia, the failure of the Bidder

to keep its Bid open during the Bid validity period set forth in the said

Bidding Documents, and the decision of SSNNL that the Bidder is in

default as aforesaid shall be final and binding on us, notwithstanding

any differences between SSNNL 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, SSNNL shall be entitled

to treat the Bank as the principal debtor. SSNNL shall have the fullest

liberty without affecting in any way the liability of the Bank under this

Guarantee from time to time to vary any of the terms and conditions

contained in the said Bidding Documents or to extend time for

submission of the Bids or the Bid validity period or the period for

conveying acceptance of Letter of Award by the Bidder or the period

for fulfilment 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

SSNNL, and the Bank shall not be released from its liability under

these presents by any exercise by SSNNL 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

SSNNL or any indulgence by SSNNL to the said Bidder or by any

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change in the constitution of SSNNL or its absorption, merger or

amalgamation with any other person or any other matter or thing

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

provision have the effect of releasing the Bank from its such liability.

8. Any notice by way of request, demand or otherwise hereunder shall

be sufficiently given or made if addressed to the Bank and sent by

courier or by registered mail to the Bank at the address set forth

herein.

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

on us addressed to [name of Bank along with branch address] and

delivered at our above branch who shall be deemed to have been

duly authorised to receive the said notice of claim.

10. It shall not be necessary for SSNNL 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 SSNNL may have obtained from the said Bidder

or any other person and which shall, at the time when proceedings

are taken against the Bank hereunder, be outstanding or unrealised.

11. We, the Bank, further undertake not to revoke this Guarantee during

its currency except with the previous express consent of SSNNL in

writing.

12. The Bank declares that it has power to issue this Guarantee and

discharge the obligations contemplated herein, the undersigned is

duly authorised and has full power to execute this Guarantee for and

on behalf of the Bank.

13. For the avoidance of doubt, the Bank�s liability under this Guarantee

shall be restricted to Rs. *** crore (Rupees ***** crore only). The Bank

shall be liable to pay the said amount or any part thereof only if

SSNNL serves a written claim on the Bank in accordance with

paragraph 9 hereof, on or before [*** (indicate date falling 180 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)

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APPENDIX IV: Format for Financial Bid

(Refer Clause 2.13.3)

On Letter Head of Bidder

Dated:

To,

Chief Engineer (CPC)

Block No 12, 3rd Floor, New Sachivalaya,

Gandhinagar � 382 010.

Sub: Financial Bid for Management of 52 Room 4 / 5-Star Hotel at

Kevadia

Dear Sir,

1. With reference to your RFP document dated ���.., I/we, having

examined the Bidding document and understood their contents, hereby

submit my/our Proposal for the aforesaid Project. The Proposal is

unconditional and unqualified.

2. I/ We agree and undertake to abide by all the terms and conditions of

the RFP document.

3. I/ We agree and understand that the Proposal is subject to the provisions

of the Bidding Documents. In no case, I/we shall have any claim or right

of whatsoever nature if the Project is not awarded to me/us or our

Proposal is not opened or rejected.

4. The percentage of Incentive Management Fee expressed as a percentage

of Adjusted Profit calculated as defined in the Agreement, has been

quoted by me/us after taking into consideration all the terms and

conditions stated in the RFP, draft Agreement, our own estimates of

costs and after a careful assessment of the project and all the conditions

that may affect the project cost and implementation of the project.

5. I/ We hereby submit our Financial Bid and seek an Incentive

Management Fee of ���% [in words] for undertaking the aforesaid

Project in accordance with the Bidding Documents and the Agreement.

6. I/ We shall keep this offer valid for 120 (one hundred twenty) days from

the Bid Due Date specified in the RFP.

In witness thereof, I/we submit this Financial Bid under and in accordance with

the terms of the RFP document.

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Yours faithfully,

Date:

Place:

(Signature, name and designation of the Authorized Signatory)

Name and seal of the Bidder

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Appendix V: List of Documents to be submitted physically in original

hard copy

1. Bid Security if submitted in the form of Bank Guarantee in the format at

Appendix-II or Demand Draft;

2. The original Demand Draft towards payment of bid security if to be paid in

the form of a Demand Draft.

3. Power of Attorney for signing of Bid in the format at Appendix-III;

4. Audited Balance Sheet and Profit & Loss Account of the bidder in last five

financial years ending March 2018.

5. Brochure and other such documents with regard to the Bidder�s presence

and operations in the hospitality sector.

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Appendix VI: Additional Information Sought

Bidders are requested to provide details of empaneled / preferred consultants

with experience of undertaking Four / Five Star Hotel such as Architects,

Interior Consultants, F&B Consultants, MEP Consultants, Fire & Safety

Consultants, Design Consultants and any other consultants recommended to

be engaged by Authority. The requested details to be furnished in the format

below:

Category of

Consultants

Name of

Consultant

Firm

Contact

Person

Address &

Phone

Number

E-Mail ID

Architect

Architect

Architect

Interior

Design

Interior

Design

Interior

Design

��..

��..

��..

��..

In case Bidder does not submit the requested details, SSNNL reserves the right

to accept / reject the bid.