Buidco Low Cost Housing RFQ - Global Tenders

Low Cost Housing Project – Request For Qualification

Bihar Urban Infrastructure Development Corporation Ltd.

Request For Qualification

Low Cost Housing Project, Bihar State.

BUIDCo

Managing Director, BIHAR URBAN INFRASTRUCTURE DEVELOPMENT CORPORATION

#303, 3rd Floor, Maurya Tower, Maurya Lok Complex, Budh Marg, Patna -800 001 Tel: 0612-2210101/02 Email: [email protected]

Website: http://www.buidco.in/

mailto:[email protected]

http://www.buidco.in/



Bihar Urban Infrastructure Development Corporation (A Govt. of Bihar Undertaking)

Request For Qualification

Selection of suitable contractor Companies / Firms /Consortia for Design-Build contract for

Low Cost Housing Project in Bihar State, under BSUP component of JnNURM scheme

Managing Director #303, 3rd Floor, Maurya Tower, Maurya Lok Complex, Budh Marg, Patna - 800 001

Tel: 0612-2210101/02 Email: [email protected]

Website: http://www.buidco.in

November 2012




RFQ Notice

REQUEST FOR QUALIFICATION (RFQ)

FOR

SELECTION OF SUITABLE PARTIES/COMPANIES FOR DESIGN, BUILD, OPERATE

AND TRANSFER OF LOW COST HOUSING PROJECT IN BIHAR STATE, UNDER

JNNURM SCHEME.

No BUIDCo/Yo‐194/12‐95

Date: 06.11.2012

1. Bihar Urban Infrastructure Development Corporation Ltd.(BUIDCO) is the state level nodal agency working for the upliftment of Urban Infrastructure in State of Bihar.

2. In this regard, BUIDCO invites Expression of Interest (EoI) from eligible contractor Companies / Firms /Consortia to Design, Build, Operate and Transfer of Low Cost Housing Project in Bihar State under BSUP component of JnNURM scheme. The Estimated Project Cost is around INR 700 crores.

3. The project involves the development of 22000 Dwelling Units (DUs); about 20000 houses for slum dwellers living in and around Patna Urban Agglomeration (PUA) i.e. Patna city, Danapur, Khagaul and Phulwari Sharif and about 2000 houses in Bodhgaya. The DUs are proposed in G+3 storied walk up building with ground floor also as accommodation. Each DU shall have carpet area within 300 to 320 sq. ft. with provision of 2 rooms (living room & bed room), kitchen and sanitation facility. Built up area including common spaces & stairs shall be within 375 to 400 i.e. 25% loading. The building sub-structure shall be RCC cast in-situ however superstructure shall be pre-cast so that the entire project duration shall be within 15 months i.e. from contract award to final handover to BUIDCo.

4. BUIDCo has identified 4 land sites, around 35 acre each, in the suburb of Patna Urban Agglomeration and one in Bodhgaya, around 20 acre. In addition to construction of DUs the development of basic infrastructure at respective sites will also be in the scope of this project. The basic infrastructure means water supply, sewerage, drainage, roads, street lights, community centre, solid waste management, gardens, parks, schools, health centre, shopping complex etc. Each site will be a full-fledged community in itself. The construction specification and technology shall be low cost without compromising satisfactory quality level suitable for such project

5. The RFQ document can be downloaded on or after 12th

Nov ’12 from the tender section of BUIDCo website http://buidco.in

6. Interested parties/firms/companies may submit the completed offers with covering letter and RFQ Document Cost of INR 10,000 (Rupees Twenty Five Thousand Only), which will be Non-refundable. The RFQ shall be submitted on or before the Due Date and Time of 7

th December 2012, 15:00 hrs (IST) in sealed

envelope clearly labelled Request For Qualification to participate in Low Cost Housing Project in State of Bihar, to the address mentioned below.

Sd/-

Managing Director, BUIDCo #303, 3

rd Floor, Maurya Tower, Maurya Lok Complex, Budh Marg, Patna -800 001

(Tel: 0612-2210101/02,Fax-2210103,Web:-http://buidco.in, Email: [email protected])

http://buidco.in/



Disclaimer

This Request for Qualification document (RFQ) is issued by Bihar Urban Infrastructure Development Corporation Limited (BUIDCo) for developing low cost houses for pre-identified slum dwellers across Bihar. The information contained in this Request for Qualification document (the “RFQ”) or subsequently provided to Applicant(s), whether verbally or in documentary or any other form, by or on behalf of BUIDCo or any of its employees or advisors, is provided to Applicant(s) on the terms and conditions set out in this RFQ and such other terms and conditions subject to which such information is provided.

The RFQ is not an Agreement and is neither an offer nor invitation to the prospective Applicants or any other person nor shall this RFQ or any part of it form the basis of or be relied upon in any way in connection with, any contract relating to any shares, debentures or securities. The purpose of this RFQ is to provide interested parties with information that may be useful to them in the formulation of their application for qualification pursuant to this RFQ (the “Application”). This RFQ includes statements, which reflect various assumptions and assessments arrived at by BUIDCo in relation to the Project. Such assumptions, assessments and statements do not purport to contain all the information that each Applicant may require. Whilst the information in this RFQ has been prepared in good faith, it is not and does not purport to be comprehensive and each Applicant should therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, statements and information contained in this RFQ and obtain independent advice from appropriate sources.

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

Neither BUIDCo nor any of their officers or employees, nor any of their advisers nor consultants, accept any liability or responsibility for the accuracy, reasonableness or completeness of, or for any errors, omissions or misstatements, negligent or otherwise, relating to the proposed Project, or makes any representation or warranty, express or implied, with respect to the information contained in this RFQ or on which this RFQ is based or with respect to any written or oral information made or to be made available to any of the recipients or their professional advisers and, so far as permitted by law and except in the case of fraudulent misrepresentation by the party concerned, and liability therefore is hereby expressly disclaimed.

BUIDCo may, in its absolute discretion but without being under any obligation to do so, update, amend or supplement the information, assessment or assumptions contained in this RFQ. Neither BUIDCo nor any of their officers, employees nor any of its advisors nor consultants undertakes to provide any recipient with access to any additional information on Low Cost Housing Project – Request for Qualification Page 3. Each recipient must conduct its own analysis of the information contained in this RFQ or to correct any inaccuracies therein that may this RFQ and is advised to carry out its own investigation into the proposed Project, the legislative and regulatory regime which applies thereto and by and all matters pertinent to the proposed Project and to seek its own professional advice on the legal, financial, regulatory and taxation consequences of entering into any agreement or arrangement relating to the proposed Project.

This RFQ includes certain statements, estimates, projections, designs, targets and forecasts with respect to the Project. Such statements, estimates, projections, targets and forecasts, designs reflect various assumptions made by the management, officers and employees of BUIDCo, which assumptions (and the base information on which they are made) may or may not prove to be correct. No representation



or warranty is given as to the reasonableness of forecasts or the assumptions on which they may be based and nothing in this RFQ is, or should be relief on as, a promise, representation or warranty.

The issue of this RFQ does not imply that BUIDCo is bound to select and short-list pre-qualified applications for Bid Stage or to appoint the selected Bidder or Concessionaire, as the case may be, for the Project and BUIDCo reserves the right to reject all or any of the Applications or Bids without assigning any reasons whatsoever.

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



Sections of Qualification Document

Section A .................................................................................... Background of Project

Section B .................................................................................... RFQ Evaluation Process

Section I ................................................................................ Instructions to Applicants

Section II .......................................................................... Pre-Qualification Data Sheet

Section III ....................................................... Qualification Criteria and Requirements

Section IV .......................................................................................... Application Forms

Section A: Background of Project – Request For Qualification


Section A: Background of Project

Home for every poor…

In order to cope with massive problem that has emerged as a result of rapid urban growth, a

coherent urbanization strategy has been set up to implement projects in selected cities in Bihar. This

strategy operates under a policy scheme known as Jawaharlal Nehru National Urban Renewal Mission

(JnNURM). One of the missions of JnNURM is to provide Basic Services to Urban Poor (BSUP). BSUP has

been launched with thrust on integrated development of slums through projects for providing shelter,

basic services and other related civic amenities to the urban poor in the mission cities.

Bihar Urban Infrastructure Development Corporation (BUIDCo) has been mandated to execute this

project in State of Bihar. In first stage, BUIDCo is planning to develop about 20000 houses for slum dwellers

living in and around Patna Urban Agglomeration (PUA) i.e. Patna city, Danapur, Khagaul and Phulwari Sharif

and about 2000 houses in Bodhgaya. About 63.5% of Patna’s population either resides in slum or slum like

settlements. The total no. of households is about 1.73 lakh in slum area, out of this about 20% are living

along roadside or on encroached land hence they required rehabilitation. Currently slum dwellers are living

in unhygienic conditions as the main constraints are meagre accommodation, chocked sewerage system,

open defecation and open dumping of garbage. Due to this the environmental condition in slums is also

deplorable so slum dwellers are prone to disease like diarrhoea, pneumonia, small pox, dengue etc. Hence

BUIDCo, with support of Government of Bihar and Government of India, has taken initiative to uplift this

segment for inclusive growth of entire civic society.

BUIDCo has identified 4 land sites, around 35 acre each, in the suburb of Patna Urban

Agglomeration and one in Bodhgaya, around 20 acre. The total 22000 Dwelling Units (DUs) will be

developed in these 5 sites. The DUs are proposed in G+3 storied walk up building with ground floor also as

accommodation. Each DU shall have carpet area within 300 to 320 sq. ft with provision of 2 rooms (living

room & bed room), kitchen and sanitation facility. Built up area including common spaces & stairs shall be

within 375 to 400 i.e. 25% loading. The building sub-structure shall be RCC cast in-situ however

superstructure shall be pre-cast so that the entire project duration shall be within 15 months i.e. from

contract award to final handover to BUIDCo. In addition to construction of DUs the development of basic

infrastructure at respective sites will also be in the scope of this project. The basic infrastructure means

water supply, sewerage, drainage, roads, street lights, community centre, solid waste management,

gardens, parks, schools, health centre, shopping complex etc. Each site will be a full-fledged community in

itself. The construction specification and technology shall be low cost without compromising satisfactory

quality level suitable for such project.



Section B: RFQ Evaluation Process

The intent of this Request for Qualification (RFQ) is to select suitable and competent construction

parties/companies who shall participate in bidding stage (stage two) through Request for Proposal (RFP),

which shall be a Design-Built model. The interested Applicants participating in the RFQ shall undergo an

evaluation process designed by BUIDCo and only successful Applicants (Bidders) shall be allowed to

participate in bidding stage. The selection process of Bidders shall be internal and only outcome of the

application shall be communicated to the respective Applicant. BUIDCo in no case is liable to share any

detail of the selection process and reserves the right to select the Bidders at its sole discretion and in good

faith of the project. The applicants participating in this RFQ shall propose their approach and methodology

in writing. The approach and methodology shall cover the following aspects and BUIDCo will evaluate the

applicants based on their submission against each aspect:

Layout of DU within required carpet and built-up area

Layout of building and block with proper justification/concept

Proposed number of pre-cast elements per flat including stitching and joining methodology

Quality/Brands of proposed fittings related to electrical, plumbing, windows, doors, flooring etc.

Broad level activity schedule with justification of completing work within required time frame

Estimation of required resources, at site and at pre-cast yard, to complete the project within time frame

o Managers, Designers, Engineers, Labours

o RMC units, Cranes, Excavators

o Area of pre-cast yard and major resources

Sources of major raw material like aggregate, sand, cement, steel etc

In addition to submission of above details the Applicants will be invited to explain their approach

and methodology, based on submissions, through a presentation at BUIDCo headquarters, Patna. Each

Applicant shall be allowed to send maximum of 3 participants for this presentation and discussion. During

the presentation and later, BUIDCo may seek clarifications, for which response will be submitted by the

Applicants. Such communication will be recorded in writing and will be part of further process.

Section I: Instructions to Applicants – Request For Qualification


Section I : Instructions to Applicants

Table of Clauses

1. Scope of Project & Bidding Process .............................................................................10

2. Source of Funds ............................................................................................................10

3. Eligible Applicants ........................................................................................................10

4. Sections of prequalification documents ......................................................................14

5. Clarification of Prequalification Document .................................................................15

6. Amendment of Prequalification Document .................................................................16

7. Cost of Applications .....................................................................................................16

8. Language of Application ..............................................................................................16

9. Documents Comprising the Application ......................................................................16

10. Application Submission Form ......................................................................................17

11. Documents Establishing the Eligibility of the Applicant ..............................................17

12. Documents Establishing the Qualifications of the Applicant ......................................17

13. Signing of the Application and Number of Copies .......................................................17

14. Sealing and Identification of Applications ...................................................................18

15. Deadline for Submission of Applications .....................................................................18

16. Late Applications ..........................................................................................................19

17. Opening of Applications ...............................................................................................19

18. Confidentiality ..............................................................................................................19

19. Clarification of Applications .........................................................................................19

20. Responsiveness of Applications ...................................................................................20

21. Domestic Bidder Price Preference ...............................................................................20

22. Evaluation of Applications ...........................................................................................21

23. BUIDCo’s Right to Accept or Reject Applications ........................................................21

24. Prequalification of Applicants ......................................................................................23

25. Notification of Prequalification ....................................................................................23

26. Invitation to Bid............................................................................................................23

27. Changes in Qualifications of Applicants .......................................................................24



A. GENERAL

1. Scope of Project & Bidding Process

1.1 BUIDCo is determined for improving the urban infrastructure across the State of Bihar. One of the projects undertaken in this line is Low Cost Housing development for slum dwellers. The scope of work includes Design, Build, Operate and Transfer.

1.2 The Project has been approved under JNNURM scheme with the approved estimated cost of the Project as INR 700 crores.

1.3 The scope of work and other details corresponding to Project that are subject matter of this prequalification process are also being provided under various sections of this RFQ.

1.4 BUIDCo has adopted a two-stage process (collectively referred to as the “Bidding Process”) for selection of the bidder for award of the Project. The first stage (the “Qualification Stage”) of the process involves qualification (the “Qualification”) of interested parties/ consortia who make an Application in accordance with the provisions of this RFQ (the “Applicant”, which expression shall, unless repugnant to the context, include the Members of the Consortium). Prior to making an Application, the Applicant shall pay to the Authority a sum of Rs. 10,000/- (Rupees Ten Thousand) as the cost of the RFQ process. At the end of this stage, the Authority expects to announce pre-qualified Applicants who shall be eligible for participation in the second stage of the Bidding Process (the “Bid Stage”) comprising Request for Proposals (the “Request for Proposals” or “RFP”).

2. Source of Funds 2.1 The Project has been sanctioned under JNNURM and is eligible for 50% funds from the Government of India

3. Eligible Applicants

3.1

a) The Applicant for pre-qualification may be a single entity or a group of entities (the “Consortium”), coming together to implement the Project. An Applicant may be a private, or public legal entity, or any combination of them, with the formal intent, as evidenced by a Joint Bidding Agreement, to enter into an agreement or under an existing agreement. A Consortium shall be eligible for consideration subject to the conditions set out below in ITA 3.1 (b). The proposal for



award will be rejected if the Authority determines that the bidder recommended for award has, directly or through an agent, engaged in fraud, corrupt or unfair practices in competing for the Contract; and

b) In case the Applicant is a Consortium, it shall comply with the following additional requirements:

i. Number of members in a consortium shall not

exceed the number specified in PDS; ii. Subject to the provisions of sub-ITA (a) above, the

Application should contain the information required for each member of the Consortium;

iii. Members of the Consortium shall nominate one member as the lead member (the “Lead Member”). The lead company shall be an Indian company. The nomination(s) shall be supported by a Power of Attorney, as per the format at Section IV, signed by all the other members of the Consortium;

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

v. An individual Applicant cannot at the same time be member of a Consortium applying for pre-qualification. Further, a member of a particular Applicant Consortium cannot be member of any other Applicant Consortium applying for pre-qualification.

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

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

clearly outline the proposed roles and responsibilities, if any, of each member;



include a statement to the effect that all members of the Consortium shall be liable jointly and severally for all obligations of the Concessionaire in relation to the Project;

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

3.2 The eligibility criteria listed in this ITA 3 shall apply to the Applicant, including the parties constituting the Applicant, i.e., its proposed partners, subcontractors or suppliers for any part of the Contract including related services.

3.3 An Applicant shall submit only one application in the same Prequalification process, either individually as an Applicant or as a partner of a joint venture. No Applicant can be a Joint venture partner while submitting an application individually. An Applicant who submits, or participates in, more than one application will cause all the applications in which the Applicant has participated to be disqualified.

3.4 Applicants and all parties constituting the Applicant shall provide such evidence of their continued eligibility satisfactory to BUIDCo, as BUIDCo shall reasonably request.

3.5 Conflict of Interest:

An Applicant shall not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding Process. Any Applicant found to have a Conflict of Interest shall be disqualified. An Applicant shall be deemed to have a Conflict of Interest affecting the Bidding Process, if:

i. The Applicant, its Member or Associate (or any constituent thereof) and any other Applicant, its Member or any Associate thereof (or any constituent thereof) have common controlling shareholders or other ownership interest; provided that this disqualification shall not apply in cases where the direct or indirect shareholding of an Applicant, its Member or an Associate thereof (or any shareholder thereof having a shareholding of more than 5% (five per cent) of the paid up and subscribed share capital of such Applicant, Member or Associate, as the case may be) in the other Applicant, its Member or Associate is less than 5% (five per cent) of the subscribed and paid up equity share



capital thereof; For the purposes of this ITA 3.5, indirect shareholding held through one or more intermediate persons shall be computed as follows:

a) Where any intermediary is controlled by a person through management control or otherwise, the entire shareholding held by such controlled intermediary in any other person (the “Subject Person”) shall be taken into account for computing the shareholding of such controlling person in the Subject Person; and

b) Subject always to sub-ITA (a) above, where a person

does not exercise control over an intermediary, which has shareholding in the Subject Person, the computation of indirect shareholding of such person in the Subject Person shall be undertaken on a proportionate basis; provided, however, that no such shareholding shall be reckoned under this sub-ITA (b) if the shareholding of such person in the intermediary is less than 26% (twenty six per cent) of the subscribed and paid up equity shareholding of such intermediary; or

ii. A constituent of such Applicant is also a constituent of another Applicant; or

iii. Such Applicant, or any Associate thereof receives or has received any direct or indirect subsidy, grant, concessional loan or subordinated debt from any other Applicant, or any Associate thereof or has provided any such subsidy grant, concessional loan or subordinated debt to any other Applicant, its Member or any Associate thereof; or

iv. Such Applicant has the same legal representative for purposes of this Application as any other Applicant; or

v. Such Applicant, or any Associate thereof has a relationship with another Applicant, or any Associate thereof, directly or through common third party/ parties, that puts either or both of them in a position to have access to each other’s‟ information about, or to influence the Application of either or each other; or

vi. Such Applicant or any Associate thereof has participated as a consultant.

3.6 An Applicant shall be liable for disqualification if any legal, financial or technical adviser of BUIDCo in relation to the Project is engaged by the Applicant, its Member or any Associate thereof, as the case may be, in any manner for matters related to or incidental to the Project. For the avoidance of doubt, this disqualification shall not



apply where such adviser was engaged by the Applicant, its Member or Associate in the past but its assignment expired or was terminated 6 (six) months prior to the date of issue of this RFQ. Nor will this disqualification apply where such adviser is engaged after a period of 3 (three) years from the date of commercial operation of the Project.

Explanation: In case an Applicant is a Consortium, then the term Applicant as used in this ITA 3, shall include each Member of such Consortium.

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

3.8 An Applicant including any Consortium Member or Associate should, in the last 3 (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 Applicant, Consortium Member or Associate, as the case may be, nor has been expelled from any project or contract by any public entity nor have had any contract terminated by any public entity for breach by such Applicant, Consortium Member or Associate.

3.9 Change in composition of the Consortium:

Not Permitted.

B. Contents of the RFQ Document

4. Sections of prequalification documents

4.1 This Request for Qualification document (RFQ) comprises all the sections indicated below, and should be read in conjunction with any Addendum issued in accordance with ITA 6.



Prequalification Documents

Section A Background of Project

Section B RFQ Evaluation Process

Section I Instructions to Applicants (ITA)

Section II Prequalification Data Sheet (PDS)

Section III Qualification Criteria and Requirements

Section IV Application Formats

4.2 The “Invitation For Applications” issued by BUIDCo is also to be considered as a part of the Request for Qualification document.

4.3 BUIDCo accepts no responsibility for the completeness of the RFQ and its addenda, if any, unless the document is directly obtained from BUIDCo.

4.4 The Applicant is expected to examine all instructions, forms, and terms in the RFQ and to furnish all information or documentation required by the RFQ.

5. Clarification of Prequalification Document

5.1 A prospective Applicant requiring any clarification of the RFQ shall contact BUIDCo in writing. BUIDCo will respond in writing to any request for clarification provided that such request is received no later than as specified in PDS. The same shall be available at the Website (as mentioned in PDS) including a description of the inquiry but without identifying its source. Should BUIDCo deem it necessary to amend the RFQ, as per terms hereof, it shall do so following the procedure under ITA 6 and in accordance with the provisions of ITA 15.2.

5.2 BUIDCo shall endeavor to respond to the questions raised or clarifications sought by the Applicants. However, BUIDCo reserves the right not to respond to any question or provide any clarification, in its sole discretion, and nothing in this ITA 5.2 shall be taken or read as compelling or requiring BUIDCo to respond to any question or to provide any clarification.

5.3 BUIDCo may also on its own motion, if deemed necessary, issue interpretations and clarifications to all Applicants. All



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

6. Amendment of Prequalification Document

6.1 At any time prior to the deadline for submission of Applications, BUIDCo may, for any reason, whether at its own initiative or in response to clarifications requested by an Applicant, amend the RFQ by issuing addenda/ addendum.

6.2 Any addendum issued shall be part of the RFQ Document and shall be communicated through the Website (as per provisions of ITA 6.1).

6.3 To give Applicants reasonable time to take an addendum into account for preparing their Applications, BUIDCo may, at its discretion, extend the deadline for the submission of the Applications.

C. Preparation of Applications

7. Cost of Applications

7.1 The Applicant shall bear all costs associated with the preparation and submission of its application. Neither BUIDCo nor any of their Associates will be responsible or liable for those costs, regardless of the conduct or outcome of the prequalification process.

8. Language of Application

8.1 The Application as well as all correspondence and documents relating to the prequalification exchanged by the Applicant, with BUIDCo, shall be written in the language specified in the PDS. Supporting documents and printed literature that are part of the application may be in another language, provided they are accompanied by an accurate translation of the relevant passages in the language specified in the PDS, in which case, for purposes of interpretation of the application, the translation shall govern.

9. Documents 9.1 The application shall comprise the following:



Comprising the Application

a) Requisite Application Fees (as per PDS);

b) Application Submission Form, in accordance with ITA 10;

c) Documentary evidence establishing the Applicant’s eligibility to Pre-qualify, in accordance with ITA 11;

d) Documentary evidence establishing the Applicant’s qualifications, in accordance with ITA 12; and

e) Any other document required as specified in the ITA and/or the PDS.

10. Application Submission Form

10.1 The Applicant shall prepare an Application Submission Sheet using the form furnished in Section IV, Application Forms. This Application Form must be completed without any alteration to its format.

11. Documents Establishing the Eligibility of the Applicant

11.1 To establish its eligibility in accordance with ITA 3, the Applicant shall complete the eligibility declarations in the Application Submission Form and Forms ELI (eligibility) 1.1 and 1.2, included in Section IV, Application Forms.

12. Documents Establishing the Qualifications of the Applicant

12.1 To establish its qualifications to implement the Project in accordance with Section III, Qualification Criteria and Requirements, the Applicant shall provide the information requested in the corresponding information sheets included in Section IV, Application Forms.

13. Signing of the Application and Number of Copies

13.1 The Applicant shall prepare one original of the documents comprising the application as described in ITA 9 and clearly mark it “ORIGINAL”. The original of the Application shall be typed/printed in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Applicant.

13.2 The Applicant shall submit copies of the signed original application, in the number specified in the PDS, and clearly



mark them “COPY”. In the event of any discrepancy between the original and the copies, the original shall prevail.

D. Submission of Applications

14. Sealing and Identification of Applications

14.1 The Applicant shall enclose the original and the copies of the application in a sealed envelope that shall:

a) bear the name and address of the Applicant

b) be addressed to BUIDCo in accordance with ITA 15.1; and

c) bear the specific identification of this Prequalification process indicated in the PDS

14.2 BUIDCo will accept no responsibility for not processing any envelope that was not identified as required

15. Deadline for Submission of Applications

15.1 The Applicant(s) may always submit their applications by mail or by hand. If so specified in the PDS, applicants shall have the option of submitting their applications electronically, in accordance with electronic application submission procedures specified in the PDS. Applications shall be received by BUIDCo at the address and no later than the deadline indicated in the PDS.

15.2 BUIDCo may, at its discretion, extend the deadline for the submission of applications by amending the RFQ in accordance with ITA 6, in which case all rights and obligations of BUIDCo and the Applicants subject to the previous deadline shall thereafter be subject to the deadline as extended.

15.3 It shall be deemed that by submitting the Application, the Applicant has:

made a complete and careful examination of the RFQ;

received all relevant information requested from BUIDCo;

accepted the risk of inadequacy, error or mistake



in the information provided in the RFQ or furnished by or on behalf of BUIDCo relating to any of the matters referred to in ITA 15.4 below; and

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

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

16. Late Applications

16.1 Any Application received by BUIDCo after the deadline for submission of Applications prescribed in accordance with ITA 15 will be summarily rejected.

17. Opening of Applications

17.1 BUIDCo shall prepare an internal record of the opening of Applications. The process of opening shall be internal and only outcome of the Application shall be communicated to the respective Applicant.

E. Procedures for Evaluation of Applications

18. Confidentiality 18.1 Information relating to the evaluation of Applications, and recommendation for prequalification, shall not be disclosed to Applicants or any other persons not officially concerned with such process.

18.2 From the deadline for submission of Applications to the time of notification of the results of the prequalification in accordance with ITA 25, any Applicant that wishes to contact BUIDCo on any matter related to the prequalification process, may do so but only in writing and only at the address mentioned in the PDS.

19. Clarification of Applications

19.1 During evaluation of Applications, BUIDCo may, at its discretion, ask any Applicant for a clarification on its Application which shall be submitted within a stated period of time. Any request for clarification and all clarifications shall be in writing.



19.2 If an Applicant does not provide clarifications of the information requested by the date and time set in BUIDCo’s request for clarification, its Application shall be rejected.

20. Responsiveness of Applications

20.1 BUIDCo may reject any application, which is not responsive to the requirements of the RFQ and no request for alteration, modification, substitution or withdrawal shall be entertained by the Authority in respect of such Application.

20.2 Prior to evaluation of Applications, the Authority shall determine whether each Application is responsive to the requirements of the RFQ. An Application shall be considered responsive only if:

a) it is received as per format specified under this RFQ;

b) it is received by the deadline indicated in the PDS including any extension thereof as per terms hereof;

c) it is signed, sealed, bound properly and marked as stipulated in this RFQ;

d) it is accompanied by the Power of Attorney as required under as stipulated in this RFQ, and in the case of a Consortium, the Power of Attorney as specified in this RFQ;

e) it contains all the information and documents (complete in all respects) as requested in this RFQ;

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

g) It is accompanied by the Jt. Bidding Agreement (for Consortium), specific to the Project;

h) it does not contain any condition or qualification; and

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

21. Domestic Bidder Price Preference

21.1 Unless otherwise specified in the PDS, a margin of preference for domestic bidders shall not apply in the bidding process resulting from this Prequalification.



F. Evaluation of Applications and Prequalification of Applicants

22. Evaluation of Applications

22.1 BUIDCo shall use the factors, methods, criteria, and requirements defined in Section III, Qualification Criteria and Requirements to evaluate the qualifications of the Applicants. The use of other methods, criteria, or requirements shall not be permitted. BUIDCo reserves the right to waive minor deviations in the qualification criteria if they do not materially affect the capability of an Applicant to execute and/or operate the Project.

22.2 In computing the Technical & Financial Capacity of the Applicant/Consortium Members as per Section III, the Technical & Financial Capacity of their respective Associates would also be eligible here under. For purposes of this RFQ, Associate means, in relation to the Applicant/ Consortium Member, a person who controls, is controlled by, or is under the common control with such Applicant/ Consortium Member (the “Associate”). As used in this definition, the expression “control” means, with respect to a person which is a company or corporation, the ownership, directly or indirectly, of more than 50% (fifty per cent) of the voting shares of such person, and with respect to a person which is not a company or corporation, the power to direct the management and policies of such person by operation of law.

22.3 Notwithstanding anything to the contrary contained herein, in the event that the last date of submission of the Application falls within three months of the closing of the latest financial year of an Applicant, it shall ignore such financial year for the purposes of its Application and furnish all its information and certification with reference to the 5 (five) years or 1 (one) year, as the case may be, preceding its latest financial year. For the avoidance of doubt, financial year shall, for the purposes of an Application here under, mean the accounting year followed by the Applicant in the course of its normal business.

23. BUIDCo’s Right to Accept or

23.1 BUIDCo reserves the right to accept or reject any application, and to annul the Prequalification process and reject all



Reject Applications

applications at any time, without thereby incurring any liability to Applicants.

23.2 BUIDCo reserves the right to reject any Application and/ or Bid if at any time, a material misrepresentation is made or uncovered, or the Applicant does not provide, within the time specified by BUIDCo, the supplemental information sought by BUIDCo for evaluation of the Application.

If the Applicant/Bidder is a Consortium, then the entire Consortium may be disqualified/ rejected. If such disqualification/ rejection occurs after the Bids have been opened and the Selected Bidder gets disqualified/ rejected, then BUIDCo reserves the right to:

i. invite the remaining Bidders to match the Selected Bidder/submit their Bids in accordance with the RFP; or

ii. Take any such measure as may be deemed fit in the sole discretion of BUIDCo, including annulment of the Bidding Process.

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



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

24. Prequalification of Applicants

24.1 All Applicants whose applications have met or exceeded (“passed”) the specified threshold requirements will, to the exclusion of all others & subject to the terms hereof, will be Pre-qualified for the Bid stage.

25. Notification of Prequalification

25.1 Once BUIDCo has completed the evaluation of the Applications it shall notify all Applicants, in writing, of the outcome of their Application.

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

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

26. Invitation to Bid

26.1 After the notification of the results of the prequalification BUIDCo may issue RFP Documents to all the Applicants that have been Pre-qualified.

26.2 Bidders qualifying for the RFP Stage may be required to furnish a Bid Security, in the form, manner & of the amount spelt out in the RFP as well as acceptable to BUIDCo



27. Changes in Qualifications of Applicants

27.1 Modification/Substitution/Withdrawal of Applications

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

ii. The modification, substitution or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with ITA 14, with the envelopes being additionally marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.

iii. Any alteration/ modification in the Application or additional information supplied subsequent to the Application Due Date, unless the same has been expressly sought for by BUIDCo, shall be disregarded.

Section II: Pre-qualification Data Sheet – Request For Qualification


Section II : Pre-qualification Data Sheet

Reference Data

A. General

ITA 1.1 BUIDCo refers to:

Bihar Urban Infrastructure Development Corporation Limited

ITA 3.1 (i) The parties in a Consortium shall be jointly and severally liable.

(ii) Maximum number of partners in the Consortium shall be limited to 2 (Two

Only).

B. Contents of the Prequalification Document

ITA 6.1 Contacts for queries & Important Dates:

(a) BUIDCo address:

MANAGING DIRECTOR

Bihar Urban Infrastructure Development Corporation Limited

303, 3rd Floor, Maurya Tower, Maurya Complex, Budh Marg.

Patna – 800 001, Bihar (India)

Tel : 0612-2210101/02

Email: [email protected]

(b) The last date of receiving queries is 26th Nov 2012

(c) Pre- Application meeting shall be held on 29th Nov 2012

(d) Submission of Applications shall be by 7th Dec 2012

(e) Applicants presentation shall be held on 14-15th Dec 2012

The successful applicants will be declared by end Dec 2012 who shall further

participate in stage two “RFP”.

ITA 6.2 The websites at which any responses/addenda (if any) will be made available

are:

http://www.buidco.in

C. Preparation of Applications

ITA 8.1 The language of the application as well as of all correspondence is:

ENGLISH


http://www.buidco.in/

Section II: Pre-qualification Data Sheet – Request For Qualification


ITA 9.1(a) The requisite application fee shall be submitted along with “ORIGINAL” copy of

the Application (in accordance with ITA 13). The amount of fees to be paid is:

INR Rs. 10,000/- (Rupees Ten thousand only).

ITA 9.1 (a) The Application Fee is to be paid by Demand Draft in name of “Managing

Director, BUIDCo” payable at Patna, India.

ITA 9.1 (c) The Applicant shall submit with its Application, the following additional

documents:

Completion Certificates of infrastructure projects like Township, Big Residential

Complex, Low Cost Mass Housing etc. for government or private organizations.

Such certificates shall be issued by the client clearly mentioning the Project Cost,

time allotted for completion, time taken for completion, year of completion,

scope of works of the Bidder in the project, Applicant’s stake in the project. The

certificate shall also have contact details of the client, in case BUIDCo wishes to

directly confirm such information from the issuing authority.

In addition to the original, the number of copies to be submitted with the

application is:

TWO (2)

D. Submission and Evaluation of Applications

ITA 15.1 For Application submission purposes, the address shall be as below:

MANAGING DIRECTOR Bihar Urban Infrastructure Development Corporation Limited 303, 3rd Floor, Maurya Tower, Maurya Complex, Budh Marg.

Patna – 800 001, Bihar, (India) Tel : 0612-2210101/02 Email: [email protected]

The deadline for Application submission; Date and Time is: 7th Dec 2012, Before

1500 Hours (IST)

ITA 21 Any margin of preference shall not apply for bidders.


Section III: Qualification Criteria and Requirements – Request For Qualification


Section III: Qualification Criteria and Requirements

This Section contains all the methods, criteria, and requirements that BUIDCo shall use to evaluate applicants. The information to be provided in relation to each

requirement and the definitions of the corresponding terms are included in the respective Application Forms.

Table of Contents

1. Historical Contract Non-Performance ................................................................................. 28

History of Non-Performing Contracts .......................................................................... 28

Pending Litigation ........................................................................................................ 28

2. Financial Situation................................................................................................................ 28

Financial Performance ................................................................................................. 28

Average Annual Financial Parameters ......................................................................... 29

Income Tax Compliance ............................................................................................... 29

3. Experience……….. ................................................................................................................. 29

Eligibility Conditions - similar work ............................................................................. 30

Eligibility Conditions - specific work ............................................................................ 31

Eligibility Conditions - resource capability ................................................................... 31

4. Declarations ......................................................................................................................... 31

Self-declarations .......................................................................................................... 31



Eligibility and Qualification Criteria Compliance Requirements Documents

No. Subject Requirement Single Entity

Consortium Submission

Requirements All Parties Combined

Each Partner

1. Historical Contract Non-Performance

1.1

History of Non-Performing Contracts

Non-performance of any contract did not occur within the last 5 (Five) years

prior to the deadline for application submission, based on all information on

fully settled disputes or litigation*.

Must meet requirement by

itself or as partner N/A

Must meet requirement by itself or as partner of

existing Consortium Form CON-1

1.2 Pending

Litigation

All pending litigation shall in total not represent more than 10% (Ten percentage) of the Applicant's net worth and shall be treated as resolved against the Applicant.

Must meet requirement by

itself or as partner to past or existing

Consortium

N/A

Must meet requirement by itself or as partner to

past or existing Consortium

Form CON-1

*1 A fully settled dispute or litigation is one that has been resolved in accordance with the Dispute Resolution Mechanism under the respective contract and where all appeal instances available to the applicant have been exhausted.

2. Financial Situation

2.1 Financial

Performance

Submission of audited balance sheets and Profit Loss statement for the last 3 (Three) financial years period ending 31st Mar 2012. Applicant should not have incurred any loss in last 3 years.

Must meet requirement

N/A Must meet requirement Form FIN-2.1 with

attachments



2.2

Average Annual

Financial Parameters

(a) Minimum net worth as on 31st March 2012 shall be INR 1000 crs.

(b) Minimum annual turnover on construction works (average of 3 years - period ending 31st March 2012) shall be

INR 2500 crs.

(c) Net Working Capital of last 3 (three) years, period ending 31st March 2012,

shall be positive.






N/A

Must meet min. 26%, [Twenty Six percentage]

of the requirement

Must meet min. 26%, [Twenty Six percentage]

of the requirement


Form FIN-2.1

with attachments

Form FIN-2.1 with attachments

Form FIN-2.1 with attachments

2.3 Income Tax Compliance

Submission of last 3 (three) years financial years detailed ITR, period ending 31st March 2012.


N/A Must meet requirement Copies to be

submitted

3. Experience



3.1

Eligibility Conditions - similar work

(a) The applicant should have completed within last 3 (three) years, prior to the deadline for application

submission: at least one similar work of INR 500 crs. OR at least two similar work of INR 300 crs. OR at least three similar work of INR 200 crs. "Similar work" means constructing RCC framed structure for Township, Big Residential Complex, Low Cost Mass Housing etc. for government or private organisation(s). (b) The applicant(s) should have experience of Design-Build contract including design, construction, installation, testing, commissioning and handover and should have completed at least one Design-Build Project amounting minimum INR 300 crs. in last 3 years prior to the deadline for application submission.

Must meet

requirement




Must meet min. 26%, [Twenty

Six percentage] of the

requirement



requirement

Form EXP-3.1(a) with

attachments

Form EXP-3.1(b) with

attachments



3.2

Eligibility Conditions - specific work

The applicant(s) should have significant experience in pre-cast structures in residential / commercial / industrial / sports complex where the applicant(s) have contributed through design, technology, consultancy, project management, construction, installation, testing, commissioning and have completed not less than INR 200 crs cumulative worth of such pre-cast structures in past 5 years prior to the deadline for application submission.





requirement

Form EXP-3.2 with

attachments

3.3

Eligibility Conditions -

resource capability

List of major Equipment & Machineries planned to deploy on this project is to be attached with the justification that it will be sufficient to carry out required work. Also mention if the same is owned by the Applicant(s) or will be hired and/or bought in due course.



N/A List to be submitted

4. Declarations

4.1 Self-

declarations

Submission of affidavit that Applicant firm is not blacklisted and/or debarred in any department of state or central government.


N/A Must meet

requirement Affidavit to be

submitted

Notes: 1. The entity claiming experience should have held, in the company owing the Eligible Project, a minimum of 26% equity during the period for which Eligible Experience is being claimed. If a project was done in Construction, a company can claim experience in proportion to its share in the Construction. 2. Applicants are required to submit the Project completion certificate from the client along with contact details so that if required, BUIDCo may contact the same for verification purposes. Only those Projects would be considered for evaluation purposes, whose project completion certificate containing the desired details i.e. from the client has been provided in the bid submissions by the applicants. 3. Experience for any activity relating to an Eligible Project shall not be claimed by two or more members of the Consortium.

Section IV: Application Forms – Request For Qualification


Section IV: Application Forms

Table of Contents

Application Submission Form ........................................................................................ 33

Form ELI-1.1 ....................................................................................................................... 34

Applicant Information Form ............................................................................................ 34

Form ELI-1.2 ....................................................................................................................... 35

Applicant's Party Information Form .............................................................................. 35

Form CON-1 ........................................................................................................................ 36

Historical Contract Non-Performance ......................................................................... 36

Form FIN-2.1 Financial Situation .................................................................................. 37

Form EXP-3.1(a) ................................................................................................................ 39

Similar Work Experience ................................................................................................. 39

Form EXP-3.1(b) ................................................................................................................ 40

Design-Built Project Experience ................................................................................... 40

Form EXP-3.2 ..................................................................................................................... 41

Specific Work Experience ............................................................................................... 41

Joint Bidding Agreement ................................................................................................. 42

Format of Power of Attorney for Appointing the Lead Member ........................... 43



Application Submission Form

Date: [insert day, month, year]

RFQ No. and title: [insert RFQ number/s and title/s]

To:

MANAGING DIRECTOR Bihar Urban Infrastructure Development Corporation Limited (BUIDCo) # 303, 3rd Floor, Maury a Tower, Maurya Complex, Budh Marg. Patna - 800 001, Bihar, INDIA Tel: 0612-2210101/02

We, the undersigned, apply to be prequalified in the referenced RFQ and declare that:

(a) we have examined and have no reservations to the RFQ Documents, including

Addendum(s) No(s). _____ . issued in accordance with Instructions to Applicants

(ITA) Clause 6: [insert the number and issuing date of each addendum].

(b) we, including any Consortium partner of the Project resulting from this Prequalification, have not been

declared ineligible by BUIDCo, or under the Indian laws, official regulations, or under default (execution) of

a Bid Securing Declaration in India, in accordance with ITA Clauses 3;

(d) We understand that you may cancel the Prequalification process at any time and that you are neither

bound to accept any application that you may receive nor to invite the Prequalified applicants to bid for the

Project subject of this Prequalification, without incurring any liability to the Applicants, in accordance with

ITA Clause 23.

(e) The requisite payment of [insert INR 10,000/-] as per ITA 1.4 is [enclosed herewith or has been paid] as

per following details:

[Insert details]

Signed [insert signature(s) of an authorized representative(s) of the Applicant]

Name [insert full name of person signing the application]

In the Capacity of [insert designation of person signing the application]

Duly authorized to sign the application for and on behalf of:

Applicant's Name [insert full name of Applicant]

Address [insert street number/town or city/country address]

Dated on [insert day number] day o f [insert month], [insert year]



Form ELI-1.1

Applicant Information Form



Applicant's legal name

[insert full legal name]

In case of Consortium legal name of each partner:

[insert full legal name of each partner in Consortium]

Applicant's Actual or Intended country of constitution:

[indicate country of Constitution]

Applicant's actual or Intended year of constitution:

[indicate year of Constitution]

Applicant's legal address in country of constitution:

[insert street/number/ town or city/ country]

Applicant's authorized representative information

Name: [insert full legal name]

Address: [insert street/ number/ town or city/ country]

Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]

E-mail address: [indicate e-mail address]

Attached are copies of original documents of

* Articles of Incorporation or Documents of Constitution, and documents of registration of the legal entity named

above, in accordance with ITA 3.2.

* In case of Consortium, letter of intent to form Consortium or Jt. Bidding Agreement, in accordance with ITA 3.1

* Authorization by the Applicant to its Authorized signatory (Authorized representative) in form of Power of Attorney

of Board Resolution



Form ELI-1.2

Applicant's Party Information Form

[The following form shall be filled in for the Applicant's parties including partner(s) of a Consortium]



Consortium applicant legal name:

[insert full legal name]

Applicant's Party legal name:

[insert full legal name of Applicant's Party]

Applicant's Party country of registration:

[indicate country of registration]

Applicant Party's year of constitution:

[indicate year of constitution]

Applicant Party's legal address in country of constitution:

[insert street/ number/ town or city/ country]

Applicant Party's authorized representative information

Name: [insert full legal name]

Address: [insert street/ number/ town or city/ country]

Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]

E-mail address: [indicate e-mail address]

Attached are copies of original documents of

□ Articles of Incorporation or Documents of Constitution, and Registration Documents of the legal

entity-named above, in accordance with ITA 3.2.



Form CON-1

Historical Contract Non-Performance

[The following table shall be filled in for the Applicant and for each partner of a Consortium]

Applicant's Legal Name: [insert full name]


Consortium Party Legal Name:[insert full name]


Non-Performing Contracts in accordance with Section III, Qualification Criteria and Requirements

□ Contract non-performance did not occur during the 5 (Five) years specified in Section III, Qualification Criteria and Requirements, Sub-Factor 1.1. Contract(s) not performed during the 5 (Five) years specified in Section III, Qualification Criteria and Requirements, Sub-Factor 1.1 as indicated below

Year Non performed

portion of

contract

Contract Identification Total Contract

Amount

(current value,

INR equivalent)

[insert

year]

[insert amount

and percentage]

Contract Identification: [indicate complete contract

name/number, and any other identification]

Name of Employer/Developer: [insert full name]

Address of Employer/Developer: [insert

street/city/country]

Reason(s) for non-performance: [indicate main

reason(s)]

[insert amount]

Pending Litigation in accordance with Section III, Qualification Criteria and Requirements

□ No pending litigation in accordance with Section III, Qualification Criteria and Requirements, Sub-Factor 1.2 Pending Litigation in accordance with Section III, Qualification Criteria and Requirements, Sub-Factor 1.2 as indicated below:

Year Outcome as

Percentage of

Total Assets

Contract Identification Total Contract

Amount (current

value, INR

equivalent)

[insert year] [insert

percentage]

Contract Identification: [indicate complete

contract name, number, and any other

identification]

Name of Employer/Developer: [insert full name]

Address of Employer/Developer: [insert

street/city/country]

Matter in dispute: [indicate main issues in dispute]

[insert amount]



Form FIN-2.1 Financial Situation

[The following table shall be filled in for the Applicant and for each partner of a Consortium]

Applicant's Legal Name: [insert full name] Date: [insert day, month, year]

Applicant's Party Legal Name:[insert full name]

1. Financial Summary

Financial information in (INR

equivalent)

Historic information for previous 3 (Three) Years (INR

equivalent)

Year 1 Year 2 Year 3

Mention the Tenure

(e.g. 2005-06 or 2006) (Tenure) (Tenure) (Tenure)

Information from Balance Sheet

Total Assets (TA)

Total Liabilities (TL)

Net Worth (NW)

Current Assets (CA)

Current Liabilities (CL)

Net Working Capital (NWC)

Information from Profit Loss Statement

Construction Works Annual

Turnover (Excluding other and extra ordinary income)

Profits Before Taxes (PBT) (Excluding other and extra ordinary income)

Average Annual turnover on

construction works (average of 3

years -period ending 31st March

2012) (in Rs. crores)




2. Financial documents

The Applicant and its parties shall provide copies of the balance sheets and/or Profit Loss statements for 3

(Three) years pursuant Section III, Qualifications Criteria and Requirements, Sub-factor 2.1. The financial

statements shall:

(a) reflect the financial situation of the Applicant and/or partner to a Consortium, and not their sister or

parent companies or other affiliates.

(b) be audited by a certified accountant/Auditors.

(c) be complete, including all notes to the financial statements.

(d) correspond to accounting periods already completed and audited (no statements for partial periods

shall be requested or accepted).

□ Attached are copies of financial statements (balance sheets, including all related notes, and income

statements) for the 3 (Three) years required above; and complying with the requirements



Form EXP-3.1(a)

Similar Work Experience

[The following table shall be filled in for contracts performed by the Applicant, and each partner of a

Consortium]



Consortium Party Name: [insert full name]


Similar Project No.

[insert number] of [insert number o f

similar contracts required]

Information

Project Identification [insert Project name and number, i f applicable]

Award date [insert day, month, year, e.g. 15 June, 2010]

Date of Commissioning [insert d a y , month, year, e.g. 15 June, 2010]

Completion date [insert dav, month, year, e.g. 15 June, 2010]

Project Scope [insert Project details and scope of works. Mention details as per the requirement of the document ]

Role in Contract [check the appropriate box] Sole Contractor Consortium Partner

Total Project Amount [insert total Project amount in local

currency]

INR [insert total

Project amount

in INR

equivalent]

If partner in a Consortium, or

subcontractor, specify participation in

total Project amount

[ insert a

percentage

amount]

[ insert total Project

amount in local

currency]

[insert total

Project amount

in INR

equivalent]

Employer/Developer's Name: [insert full name]

Address:

Telephone/E-mail

[indicate street / number / town or city / country]

[insert telephone/fax numbers, including country and city

area codes]

[insert e-mail address, if available]

Project Completion certificate from

client/Employer/Developer

[insert whether attached or not]

Note: Please use one form for one Project Experience. You may use multiple forms for submitting more than one Project Experience.



Form EXP-3.1(b)

Design-Built Project Experience


Consortium]





Design-Built Project No.



Information




Completion date [insert day, month, year, e.g. 15 June, 2010]




currency]

INR [insert total

Project amount

in INR

equivalent]




[ insert a

percentage

amount]


amount in local

currency]

[insert total

Project amount

in INR

equivalent]


Address:

Telephone/E-mail



area codes]








Form EXP-3.2

Specific Work Experience


Consortium]





Pre-Cast Related Project No.



Information




Completion date [insert dav, month, year, e.g. 15 June, 2010]




currency]

INR [insert total

Project amount

in INR

equivalent]




[ insert a

percentage

amount]


amount in local

currency]

[insert total

Project amount

in INR

equivalent]


Address:

Telephone/E-mail



area codes]








Joint Bidding Agreement

(To be executed by and between the Consortium Members, as applicable on Non-Judicial Stamp Paper of Rs.100 and

duly notarized.)

The applicant has the flexibility to follow any format for the Joint Bidding Agreement. However, the Joint Bidding

Agreement should at least cover the following items: -

Convey the intent to form a Consortium in accordance with this RFQ, which would enter into the Agreement and

related agreements with BUIDCo and subsequently carry out all the responsibilities in terms of the Development

Agreement, in case the Project is awarded to the Consortium;

Nomination and agreement of Lead Member by each of the other consortium member(s)

Clearly outline the proposed roles and responsibilities of each member at each stage;

Investment and profit sharing commitment by each member of the consortium along with lock in period for each

member.

Mechanism for decision making in the consortium and dispute resolution

Include a statement to the effect that all members of the Consortium shall be liable jointly and severally for

execution of the Project in accordance with the terms of the Development Agreement.

Validity period of the Joint Bidding Agreement (minimum 180 days from the date of submission of this RFQ)

The Joint Bidding Agreement entered into between the members of the Consortium should be specific to the Project

and should fulfill the above requirements, failing which the Application shall be considered non-responsive.



Format of Power of Attorney for Appointing the Lead Member

(To be executed on Non-Judicial Stamp Paper of Rs.100 and duly notarized. For Power of Attorney executed and issued overseas,

the document will also have to be legalized by the Indian Embassy and notarized in the jurisdiction where the undertaking is being

issued)

KNOW ALL MEN by these presents that we, ______________ [name of the company], company incorporated under the Companies Act 1956 having its Registered Office at .... [address of the company] (hereinafter referred to as "Other Member 1") and _______[name of the company], a company incorporated under the Companies Act 1956 , having its Registered Office at.... [address of the company] (hereinafter referred to as "Other Member 2"):

WHEREAS M/s ______ , M/s _______ and M/s ____________ (insert name and registered office address of all the members) are forming a Consortium to submit their application in response to the Request for Qualification ("RFQ") for

, Design-Built, Low Cost Housing Project in, State of Bihar (the "Project") and is desirous of appointing an attorney

for the purpose thereof.

NOW KNOW YE ALL BY THESE PRESENTS, that M/s _____________ [name of the Other Member 1 ] and M/s ______[name of the

Other Member 2] do hereby nominate, constitute and appoint M/s _________ [name the Lead Member company] as its/their true and lawful Attorney to do and execute all or any of the following acts, deeds and things for the Consortium in its/their name and on its/their behalf, that is to say:

To act as the Lead Member of the Consortium for the purposes of the Project;

In such capacity, to act as the Consortium's official representative for submitting the Application for the Project and other relevant documents in connection therewith;

To sign all papers for all proposals, offers, Project documents, necessary documents, papers, applications, representations and correspondence necessary and proper for the purpose aforesaid;

To procure tender documents, receive and make inquiries, make the necessary corrections and clarifications to the Project documents, as may be necessary;

To sign and execute contracts relating to the Project, including variation and modification thereto;

To represent the Consortium at meetings, discussions, negotiations and presentations with BUIDCo, Government Authorities, Competent Authorities and other Project related entities;

To receive notices, instructions and information for and on behalf of the Consortium;

To do all such acts, deeds and things in the name and on behalf of the Consortium as necessary for the purpose aforesaid.

AND the Consortium hereby covenants with the said Attorney to ratify and confirm all and whatever the attorney may

lawfully do or cause to be done by virtue of these presents.

IN WITNESS WHEREOF the Consortium member(s) puts its/their hand and seal to this Power of Attorney on this [day,

month & year].

The common seal of [name of the Other Member 1] was hereunto

affixed pursuant to a resolution passed at the meeting of Committee

of Directors held on the day of YYYY in the presence of [name &

designation of the person] and countersigned by [name & designation

of the person] of the Company of [name of the company]

[name & designation of the person]

[name & designation of the person]

The seal of the Other Member 2 [name of the Other Member 2] was

hereunto affixed pursuant to a resolution passed at the meeting of

Committee of Directors held on the day of YYYY in the presence

of [name & designation of the person] and countersigned by [name &

designation of the person] of the Company of [name of the company]

[name & designation of the person] [name & designation of the person]

Buidco Low Cost Housing RFQ - Global Tenders

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Transcript of Buidco Low Cost Housing RFQ - Global Tenders