REQUEST FOR PROPOSAL (RFP) Selection of ‘Agency’ for the ‘Operations & Management’ of “Bapu Museum” at

Vijayawada on “O&M Contract” basis in PPP mode

Government of Department of Archaeology & Museums O/o. The Commissioner Dept. of Archaeology & Museums Bapu Museum, Bandar Road, -520002 Krishna District, Andhra Pradesh. Phone: 0866-2410986; Email: [email protected] Website: www.aparchmuseums.nic.in

DECEMBER 2020

GOVERNMENT OF ANDHRA PRADESH DEPARTMENT OF ARCHAEOLOGY & MUSEUMS

LETTER OF INVITATION Rc. No. F/67/2020, Dated 24.12.2020

To M/s…………………………………………… ………………………………………………..

Dear Sir/Madam,

Sub: Commissioner/Director, Dept. of Archaeology & Museums, Govt. of A.P. – Request for Proposal (RFP) for the Selection of ‘O&M Agency’ for the ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada in PPP Mode on ‘O&M Contract’ basis - Reg.

This is has reference to the Request for Proposal (RFP) issued by Commissioner/Director, Dept. of Archaeology & Museums, Govt. of A.P. for the Selection of ‘O&M Agency’ for the ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada in PPP Mode on ‘O&M Contract’ basis.

In this regard, the Dept. of Archaeology & Museums, Govt. of A.P., with a view to enhance the Tourists & Visitors experience and attract more footfalls to the ‘Bapu Museum’, intends to entrust the ‘Operations & Management’ of the ‘Bapu Museum’ on ‘as is where is basis’ to a competent entity, who would undertake the ‘Operations & Management’ of the ‘‘Bapu Museum’’ on ‘O&M Contract’ basis (“Project”) for a period of 10 (Ten) Years (“Agreement Period”). The proposed ‘O&M Contract’ is packaged with some commercially feasible revenue generation components such as Handicrafts Bazaar and Food Court, in the available vacant land besides the Museum.

The prospective ‘Bidders / O&M Agencies’ are requested to participate in the ‘Bid’ by downloading the ‘RFP Document’ from Thursday, 24.12.2020 onwards from A.P. Archaeology Dept. Website: “www.aparchmuseums.nic.in”. You are requested to submit your Technical and Financial Bids (the “Bid”), for the aforesaid project in accordance with this Request for Proposal (RFP) Document.

In case the Bidders need any further information about this proposed ‘O&M Project’ or wish to ‘visit the site’, they are requested to contact the ‘Designated Officer’ of the Dept. of Archaeology & Museums, Govt. of A.P., at the address given below.

Mr. M. Swamy Naik, Deputy Director, Dept. of Archaeology & Museums, Govt. of A.P. O/o. The Commissioner, Dept. of Archaeology & Museums, Govt. of Andhra Pradesh Bapu Museum, Bandar Road, Vijayawada-520002, Krishna District, Andhra Pradesh. Phone No.:+91-866-2410986; Mobile No. +91-90003-30023; Email: [email protected]

Dept. of Archaeology & Museums, Govt. of A.P., shall not be responsible for any costs or expenses or liabilities incurred by the Bidders in connection with the preparation and delivery of Bids, including costs and expenses related to the visits to the site. Dept. of Archaeology & Museums, Govt. of A.P., reserves all the rights to cancel, terminate, change or modify this procurement process and/or requirements of bidding stated in the RFP, at any time without assigning any reason or providing any notice and without accepting any liability for the same. Please note that, Dept. Of Archaeology & Museums, Govt. of A.P., reserves the right to accept or reject all or any of the bids without assigning any reason whatsoever.

Sd/- Dr. G. Vani Mohan, I.A.S., Commissioner, Dept. of Archaeology & Museums, Govt. of A.P.

CONTENTS

Volume I Instructions to Bidders & Appendices (A-F)

Volume II Draft O&M Agreement & Schedules (A-F)

SELECTION OF AGENCY FOR ‘OPERATIONS & MANAGEMENT’ (O&M) OF ‘BAPU MUSEUM’ AT VIJAYAWADA IN PPP MODE

REQUEST FOR PROPOSAL (RFP)

VOLUME I – INSTRUCTIONS TO BIDDERS

DECEMBER 2020

DEPARTMENT OF ARCHAEOLOGY & MUSEUMS GOVERNMENT OF ANDHRA PRADESH O/o. THE COMMISSIONER, DEPT. OF ARCHAEOLOGY & MUSEUMS, BAPU MUSEUM, BANDAR ROAD, VIJAYAWADA-520002, KRISHNA DISTRICT, ANDHRA PRADESH. PHONE No.: 0866-2410986; EMAIL: [email protected] Website: www.aparchmuseums.nic.in

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

TABLE OF CONTENTS DISCLAIMER...... 2 1 INTRODUCTION ...... 3 1.1 BACKGROUND ...... 3 1.2 BRIEF DESCRIPTION OF BIDDING PROCESS ...... 8 1.3 SCHEDULE OF BIDDING PROCESS ...... 10 2 INSTRUCTIONS TO BIDDERS ...... 11 2.1 ELIGIBLE BIDDERS ...... 11 2.2 NUMBER OF PROPOSALS ...... 12 2.3 PROPOSAL PREPARATION COST ...... 12 2.4 PROJECT INSPECTIONS AND VISIT TO THE SITE ...... 13 2.5 RIGHT TO ACCEPT OR REJECT ANY OF THE PROPOSALS ...... 13 2.6 CLARIFICATION AND AMENDMENT OF ‘RFP’ ...... 14 2.7 LANGUAGE ...... 14 2.8 BID SECURITY ...... 14 2.9 VALIDITY OF PROPOSAL ...... 15 2.10 EXTENSION OF VALIDITY OF PROPOSAL ...... 15 2.11 FORMAT AND SIGNING OF PROPOSAL ...... 15 2.12 SEALING AND MARKING OF PROPOSALS ...... 16 2.13 PROPOSAL DUE DATE...... 17 2.14 LATE PROPOSALS ...... 18 2.15 MODIFICATIONS/ SUBSTITUTION/ WITHDRAWAL OF PROPOSALS ...... 18 2.16 CONFIDENTIALITY ...... 18 2.17 CLARIFICATIONS ...... 18 2.18 CONSULTANT(S) OR ADVISOR(S) ...... 18 2.19 PROJECT STRUCTURE ...... 18 3 EVALUATION PROCESS ...... 19 3.1 EVALUATION PROCESS ...... 19 3.2 TESTS OF RESPONSIVENESS ...... 19 3.3 EVALUATION OF QUALIFICATION CRITERIA ...... 20 3.4 EVALUATION OF FINANCIAL PROPOSAL ...... 20 3.5 LETTER OF INTENT (LOI) AND EXECUTION OF AGREEMENT ...... 21 3.6 SECURITY DEPOSIT ...... 21 3.7 PROJECT DEVELOPMENT FEE...... 21 3.8 CONTACTS DURING PROPOSAL EVALUATION ...... 22 4 FRAUD AND CORRUPT PRACTICES ...... 23 5 MISCELLANEOUS ...... 24 APPENDIX-A: FORMAT FOR COVERING LETTER CUM PROJECT UNDERTAKING ...... 26 APPENDIX-B: FORMAT FOR DETAILS OF BIDDER / EACH MEMBER OF BIDDING CONSORRTIUM ...... 29 APPENDIX-C: FORMAT FOR TECHNICAL CAPACITY OF THE BIDDER ...... 30 APPENDIX-D: FORMAT FOR FINANCIAL CAPACITY OF THE BIDDER ...... 31 APPENDIX-E: FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF PROPOSAL ...... 32 APPENDIX-F: FORMAT FOR FINANCIAL PROPOSAL ...... 33

Dept. of Archaeology & Museums, Govt. of A.P. 1

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

DISCLAIMER

The information contained in this ‘Request for Proposal’ document (the “RFP”) or subsequently provided to Bidder(s), whether verbally or in documentary or any other form by or on behalf of the Authority or any of their employees or advisors, is provided to Bidder(s) on the terms and conditions set out in this ‘RFP’ and such other terms and conditions subject to which such information is provided.

This ‘RFP’ is not an agreement and is neither an offer nor invitation by the Department of Archaeology & Museums, Government of Andhra Pradesh (the “Authority”) to the prospective Bidders or any other person. The purpose of this ‘RFP’ is to provide interested parties with information that may be useful to them in preparing their proposal pursuant to this ‘RFP’ (the "Proposal"). This ‘RFP’ includes statements, which reflect various assumptions and assessments arrived at by the Authority in relation to the Project. Such assumptions, assessments and statements do not purport to contain all the information that each Bidder may require. This ‘RFP’ may not be appropriate for all persons, and it is not possible for the Authority, its employees or advisors to consider the investment objectives, financial situation and particular needs of each party who reads or uses this ‘RFP’. The assumptions, assessments, statements and information contained in this ‘RFP’ may not be complete, accurate, adequate or correct. Each Bidder should conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, statements and information contained in this ‘RFP’ and obtain independent advice from appropriate sources.

Information provided in this ‘RFP’ to the Bidder(s) is on a wide range of matters, some of which depends upon interpretation of law. The information given is not an exhaustive account of statutory requirements and cannot be regarded as a complete or authoritative statement of law. The Authority accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed herein. The Authority, its employees and advisors make no representation or warranty and shall have no liability to any person, including any Bidder under any law, statute, rules or regulations or tort, principles of restitution 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 in this Bidding Process. The Authority also accepts no liability of any nature whether resulting from negligence or otherwise howsoever caused arising from reliance of any Bidder upon the statements contained in this ‘RFP’.

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

The issue of this ‘RFP’ does not imply that the Authority is bound to select a Bidder or to appoint the Selected Bidder or ‘O&M Agency’, as the case may be, for the Project and the Authority reserves the right to reject all or any of the Bidders or Proposals without assigning any reason whatsoever.

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

Dept. of Archaeology & Museums, Govt. of A.P. 2 Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

1 INTRODUCTION 1.1 Background 1.1.1 The Department of Archaeology & Museums, Government of Andhra Pradesh, (the “Authority”), oversees Archaeological exploration and maintenance of heritage sites and Museums in Andhra Pradesh State. The main function of the Department of Archaeology & Museums, Government of Andhra Pradesh, is to protect and preserve the Archaeological wealth and cultural heritage by the scientific and systematized methodology.

Post bifurcation of Andhra Pradesh, the residual Department has 6 subordinate offices and 13 Museums under its control. The main activities of the Department of Archaeology & Museums, Govt. of A.P., including conducting surveys and explorations, excavations, preservation of historical monuments and sites, acquisition of Treasure Troves, sculpture conservation of protected monuments, epigraphically survey, village wise epigraphical survey shifting of sculptures and epigraphically pillars/ slabs to the nearest Museums and also preparation of excavation reports, directory of monuments of A.P., for each district and Documentation of monuments and bring out the Departmental publication on the research work carried out by the Department of Archaeology & Museums, Govt. of A.P., and also maintenance of the Museums all over the State.

As part of its continued efforts to Archaeological exploration and maintenance of Heritage Sites and Museums in Andhra Pradesh, the Department of Archaeology & Museums, Govt. of A.P., developed State-of-the-art, Hitech Museum at ‘Bapu Museum’ in Vijayawada, which was formerly known as ‘Victoria Jubilee Museum’.

The erstwhile ‘Victoria Jubilee Museum’ was created as part of the celebrations of the Golden Jubilee Celebrations of Queen Victoria’s coronation in 1887. The Museum Building was constructed in ‘Ashlar Masonry’, a classic example of the ‘Indo-European Architectural Style’.

The historical national event at this place is, in 1921, the All Congress Committee met here, when Sri Venkayya of Munagala Samsthana presented the tri-colour flag to in the presence of other great National Leaders like Motilal Nehru, Jawaharlal Nehru, Vallabhai Patel, Lala Lajapati Roy, Babu Rajendra Prasad, Tanguturi Prakasam Pantulu etc. To this tri-colour flag Mahatma Gandhi added the Chakra (Wheel) symbol and declared it as the Flag which was declared as the Indian National Flag by the Constituent Assembly on 22nd July, 1947.

It was converted to an Archaeological Museum under the auspices of the Department of Archaeology and Museums, Government of Andhra Pradesh, in 1962. The Museum is maintained by the Archaeological Department and has large collection of sculptures, paintings and artefacts of Buddhist and Hindu relics, with some of them as old as 2nd and 3rd Centuries. The structure of building is an Indo-European style of architectural and is more than a hundred Years old structure. The erstwhile ‘Victoria Jubilee Museum’ was renamed as ‘Bapu Museum’ by the Govt. of Andhra Pradesh, sometime back.

The ‘Bapu Museum’ has been developed by the Dept. of Archaeology & Museums, Govt. of A.P., with well-equipped advanced digital interactive display technologies like immersive projection theatre, Augmented Reality, Virtual Reality, interactive digital display panel, interactive digital display cabinets, digital book, and interactive kiosks. These technologies will give viewers a world-class experience in visualizing history.

Dept. of Archaeology & Museums, Govt. of A.P. 3

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

The Dept., of Archaeology & Museums, Govt. of A.P., developed an “International Standard Archaeological Museum” at ‘Bapu Museum’ in Vijayawada, first-of-its-kind in India with world-class ‘Advanced Digital Interactive Display Technologies’ viz., Immersive Projection Theatre, Augmented Reality (AR), Virtual Reality (VR), Interactive Digital Display Panel, Interactive Display Cabinets, Digital Book Interactive Kiosks and Projection Mapping themed as “Glorious Andhra”, for the promotion of incredible heritage and great cultural history of Andhra Pradesh. The Museum stands first in the country to have Augmented and Virtual Reality to make the respective artefacts speak to the visitors / tourists, explaining their history and significance. A digital wall and a touch-screen feedback kiosk was set up to make the entire Museum experience more interactive.

The ‘Bapu Museum’ in Vijayawada is developed with a total ‘Project Cost’ of Rs.16.80 Crores. Out of this, some of the ‘Project Components’, which are yet to be completed such as Projection Mapping/Laser Show and Sound & Light Show etc., with an estimated cost of Rs.2.50 Crores, shall be completed by the Dept. of Archaeology, Govt. of A.P. The monthly maintenance cost of ‘Bapu Museum’ is about Rs.7.50 Lakhs, which includes mainly Power (Electricity), Manpower (Qualified Staff, Watch & Ward, Maintenance Staff for Housekeeping, Sanitation, Gardens etc.) and Maintenance of Software & Hardware (AMC), which shall be borne by the selected ‘O&M Agency’.

Dept. of Archaeology & Museums, Govt. of A.P. 4

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

Department of Archaeology & Museums, Govt. of A.P., intends to outsource the ‘Operation & Management’ of ‘Bapu Museum’ to an experienced Agency under ‘Public & Private Participation’ (PPP) Mode with a good revenue generating model. The ‘Operations & Management’ (O&M) of ‘Bapu Museum’ shall be outsourced to an experienced and technically capable Agency with successful track record in ‘O&M’ of similar Museums in India or abroad. The selected ‘O&M Agency’ should be able to undertake the Marketing & Promotion of this State-of-the-art Museum.

The proposed ‘O&M Contract’ is packaged with some ‘commercially feasible revenue generation components’ such as Handicrafts Bazaar and Food Court, in the available vacant land besides the Museum.

Dept. of Archaeology & Museums, Govt. of A.P. 5

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

The existing Two (2) Stalls with Tiled Roof, on both side of the main entrance, which are meant for a ‘Cafeteria’ and a ‘Kitchen’ are included in the O&M Package for better sustainability. About a dozen (12-15) ‘Prefabricated Kiosks’ are proposed for locating “Handicrafts Bazaar & Food Court” in the vacant land available besides the new Museum Building, as a considerable ‘Revenue Generating Model’ for achieving desired financial viability for the selected ‘O&M Agency’. The proposed Prefabricated Kiosks shall have aesthetically designed Architectural Elements & Flavour of this Historical Monument.

The proposed “Handicrafts Bazaar & Food Court” may be positioned as a “Night Bazaar” also as an added ‘Tourism Development Project’ in the lines of ‘Night Bazaar’ in the ‘Shilparaamam Premises’ at Hyderabad, subject to the approval of the Commissioner/Director, Dept. of Archaeology, Govt. of A.P., with the appropriate ‘Safety & Security Measures’ such as separation of the ‘Museum Building’ with barricading and separate approach for the “Handicrafts Bazaar & Food Court”, with the required approvals from the concerned ‘Local Authorities’ Viz., VMC, Police & Labour Dept., and other concerned Govt. Authorities, if any.

The selected “O&M Agency” can develop their own innovative and unique concepts and cultural events to promote this Heritage Property without disturbing the aesthetic values of this place. The selected “O&M Agency” shall be authorised to Market & Promote this Museums aggressively among Schools & Colleges.

The following 3 (Three) Shows are yet to be completed and commissioned by the Dept. of Archaeology, Govt. of A.P., which will be completed and commissioned, one by one, as soon as possible by the Dept. of Archaeology, Govt. of A.P. (i) Immersion Projection Mapping at inside of the Bapu Museum; (ii) Projection Mapping at outside of the Victoria Museum; and (iii) Sound & Light Show at inside of the Victoria Museum.

The Dept. of Archaeology & Museums, Govt. of A.P., with a view to enhance the Tourists & Visitors experience and attract more footfalls to the ‘Bapu Museum’, intends to entrust the ‘Operations & Management’ of the ‘Bapu Museum’ on ‘as-is-where-is-basis’ to a competent entity, who would undertake the ‘Operations & Management’ of the ‘‘Bapu Museum’’ on ‘O&M Contract’ basis (the “Project”) for a period of 10 (Ten) Years (the “Agreement Period”).

During the initial O&M Period, if there is no default by the selected ‘O&M Agency’ as stipulated in the ‘O&M Agreement’, Department of Archaeology & Museums, Govt. of A.P., may extend the O&M Period for another 5 (Five) Years on the same Terms & Conditions and Escalation Clauses.

1.1.2 The Dept. of Archaeology & Museums, Govt. of A.P., intends to select a suitable entity through a competitive bidding process to undertake the Project (hereinafter referred to as the “O&M Agency”). The Authority will enter into a ‘O&M Agreement’ with the selected ‘O&M Agency’ in the format provided as Volume II of this Bidding Documents.

1.1.3 The scope of work will include ‘Operations & Management’ of the ‘Bapu Museum’ and handing over of the ‘Bapu Museum’ after the expiry of the Agreement Period. The Minimum Operational Obligations to be to make it operational (Upgraded Version) within 1 (One) Month for ‘Bapu Museum’ and 3 (Three) Months for ‘Handicrafts Bazaar & Food Court’ from the date of signing of Agreement.

Dept. of Archaeology & Museums, Govt. of A.P. 6

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

1.1.4 The Other Obligations to be fulfilled by the selected ‘O&M Agency’ are as below: i. Selected ‘O&M Agency’ may develop any other tourism related facilities as per the market assessment and with the prior consent of the Dept. of Archaeology & Museums, Govt. of A.P., and as per the applicable development norms of the concerned authorities. ii. Selected ‘O&M Agency’ will be required to obtain and maintain all the applicable statutory approvals, licenses and clearances for ‘Operations & Management’ of the ‘Bapu Museum’ throughout the Project Period. iii. All existing statues, antiquities, rock formations and trees should be retained undisturbed. iv. Selected ‘O&M Agency’ will be required to maintain in good order all boundary lines and marks with proper fencing. v. Any Upgradation Plan of the proposed project shall be prepared and finalized duly considering the existing structures and in consultation with Dept. of Archaeology & Museums, Govt. of A.P. vi. The movable existing furniture can be utilised by the ‘O&M Agency’. If the selected ‘O&M Agency’ wishes to replace any of the existing furniture, he may do so but the same cannot be taken back by the selected ‘O&M Agency’ after completion of the agreement period. vii. Fixtures and refurbishment to the existing structure to be made should be with prior approval of the Authority and should not be taken back by the ‘O&M Agency’ after completion of the agreement period. viii. In case, operation of the project Facilities in 1 (One) Month for ‘Bapu Museum’ and 3 (Three) Months for ‘Handicrafts Bazaar & Food Court’ from the date of signing of Agreement is not achieved by the ‘O&M Agency’, the Authority will consider it as an Event of Default and initiate actions as per the terms of the Agreement, even if the ‘Revenue Share’ is paid without default.

1.1.5 The selected ‘O&M Agency’ shall have the right to demand, charge, collect and retain the user fee from users of the project facility and transfer the project facility to the Authority or its authorised representative upon expiry of the Agreement Period in accordance with the provisions of ‘O&M Agreement’.

1.1.6 The statements and explanations contained in this Request for Proposal (RFP) are intended to provide a proper understanding to the Bidders about the subject matter of this ‘RFP’ and should not be construed or interpreted as limiting in any way or manner the scope of services and obligations of the selected ‘O&M Agency’ set forth in the draft License Agreement or the Authority’s right to amend, alter, change, supplement or clarify the scope of work, the Project to be awarded pursuant to this ‘RFP’ or the terms thereof or herein contained. Consequently, any omissions, conflicts or contradictions in the Bidding Documents including this Volume I - Instructions to Bidders are to be noted, interpreted and applied appropriately to give effect to this intent, and no claims on that account shall be entertained by the Authority.

1.1.7 The Proposals would be evaluated on the basis of the evaluation criteria set out in this ‘RFP’ document in order to identify the Selected Bidder for the Project (“the Selected Bidder”).

1.1.8 The Bidder is required to pay a non-refundable Bid Processing Fee of Rs.22,400/- (Rupees Twenty Two Thousand and Four Hundred only) inclusive of GST @ 12% in the form of Demand Draft in favour of Dept. of Archaeology & Museums, Govt. of A.P., drawn on any Scheduled Bank in India towards the cost of the Bid Document. The Bidder is required to

Dept. of Archaeology & Museums, Govt. of A.P. 7

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders submit the Demand Draft along with the Proposal in the manner set out in Clause 2.12.2 of this ‘RFP’ document. The Proposal shall be summarily rejected if it is not accompanied by the cost of the Bidding Document.

1.2 Brief Description of Bidding Process

1.2.1 The Authority has adopted a single stage Two envelop bidding process (the “Bidding Process”) for award of the Project in accordance with the terms of this ‘RFP’ and invites proposals (the “Proposal”) from eligible entities (the “Bidders”), for the Project in accordance with the terms of this ‘RFP’.

1.2.2 The Bidders are requested to submit their Proposals in accordance with the ‘RFP’ Document. The Proposal shall be valid for a period of not less than 180 (one hundred and eighty) days from the date specified in Clause 1.3 for submission of Proposals (the “Proposal Due Date”).

1.2.3 The Bidding Documents include the Request for Proposal (RFP) comprising ‘Instructions to Bidders’ (ITB) and the draft ‘O&M Agreement’ for the Project (collectively the "the Bidding Documents"). The Bidding Documents and any addenda issued subsequent to this ‘RFP’, but before the Proposal Due Date, will be deemed to form part of the Bidding Documents.

1.2.4 The Bidders are required to deposit, along with its Proposal, a Bid Security of Rs.6,00,000/- (Rupees Six Lakhs only) (the “Bid Security”) (5% of the Projected Annual Revenue of Rs.1.20 Crores) in the form of Bank Guarantee / Demand Draft / Bankers Cheque (BG / DD / BC) issued by any Scheduled Bank in India, drawn in favour of Dept. of Archaeology & Museums, Govt. of A.P. The Proposal shall be summarily rejected if it is not accompanied by the Bid Security.

1.2.5 Bidders are invited to examine the Project in detail, and to carry out, at their cost, such studies as may be required for submitting their Proposal for award of the Project. Bidders are expected to carry out their own surveys, investigations and other detailed examination of the Project before submitting their Proposals.

1.2.6 Bidders would need to submit the following sets of documents as part of their Proposal:

a) Technical Proposal comprising the documents specified in Clause 2.12.2; and b) Financial Proposal in the format provided at Appendix-F. The Financial Proposal shall clearly indicate the amount in both figures and words, in Indian Rupees.

1.2.7 Financial Proposal is invited for the Project on the basis of the ‘Revenue Share’ (the “Revenue Share”) exclusive of GST to be offered by a Bidder for upgrading & operating the Project.

As part of the Financial Proposal, the Bidder is required to quote the ‘Revenue Share’ offered to the Authority for the 1st Year of the ‘O&M Agreement’ (“Revenue Share”) in the format provided at Appendix-F.

The Authority has fixed a ‘Revenue Share’ of 7% of the ‘Gross Revenue’ (Excluding Taxes) with a Minimum Guaranteed ‘Revenue Share’ of Rs.8,00,000/- (Rupees Eight Lakhs only) (the “Minimum Guaranteed Revenue Share”), per annum, whichever is higher, for the first Year of the Project Operations (Excluding GST), based on the ‘Projected Financials’ for the ‘Operations & Management’ of ‘Bapu Museum’ in PPP Mode. The Bidder should quote the ‘Revenue Share’ higher than the Minimum Guaranteed ‘Revenue Share’ fixed by the Authority. Only the Financial Proposal(s), which are higher than the Minimum Guaranteed

Dept. of Archaeology & Museums, Govt. of A.P. 8

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders ‘Revenue Share’, shall be considered for evaluation. The Authority shall reject all the Proposals being less than the Minimum Guaranteed ‘Revenue Share’.

The Minimum Guaranteed ‘Revenue Share’ shall constitute the sole criteria for evaluation of Financial Proposals. The Project will be awarded to the Bidder quoting the highest Minimum Guaranteed ‘Revenue Share’ for undertaking the Project. The following are the other Terms & Conditions: a) There will be 3 (Three) Months moratorium on payment of Minimum Guaranteed ‘Revenue Share’ from the date of signing of Agreement for ‘Operations & Management’ of existing facilities. b) The Minimum Guaranteed ‘Revenue Share’ offered by the Selected Bidder or 7% of the ‘Gross Revenue’, whichever is higher, shall be payable to the Authority from the Fourth Month of execution of the ‘O&M Agreement’. c) In view of the following 3 (Three) Shows, yet to be completed and commissioned by the Dept. of Archaeology, Govt. of A.P., which will be completed and commissioned, one by one, as soon as possible, by the Dept. of Archaeology, Govt. of A.P., there shall be a ‘25% Reduction’ in the payment of the Minimum Guaranteed ‘Revenue Share’ quoted by the Bidder for the first Year, proportionately for the ‘Monthly Payments’, for the effected number of Months, till the completion and commissioning of these 3 (Three) Shows as follows. (i) Immersion Projection Mapping at inside of the Bapu Museum – 10% Reduction. (ii) Projection Mapping at outside of the Victoria Museum – 12.5% Reduction. (iii) Sound & Light Show at inside of the Victoria Museum – 2.5% Reduction. These reductions in the payment of the Minimum Guaranteed ‘Revenue Share’, shall be automatically ceased to be in force with immediate effect, as soon as the respective ‘Shows’ are completed and commissioned. d) In view of the present business scenario and uncertainty of the future business as well for about one more Year due to “COVID 19” situation, there shall be a ‘50% Reduction’ in payment of the Minimum Guaranteed ‘Revenue Share’ quoted by the Bidder for the first Year, for a period of 9 (Nine) Months after the completion of 3 (Three) Months of waiver for the development and commissioning period. However, from the second Year onwards the ‘Revenue Share’ would be escalated by 5% on the quoted amount for the first Year, thereafter compounded annually throughout the agreement Period. d) The ‘Revenue Share’ is exclusive of GST. The GST shall be payable by the selected ‘O&M Agency’ over and above the ‘Revenue Share’. d) The ‘Revenue Share’ shall be payable to the Authority in advance monthly instalments, before 7th Day of every month, in accordance with the terms of the ‘O&M Agreement’. e) The selected ‘O&M Agency’ should pay the ‘Revenue Share’ to the Authority notwithstanding the fact that, the upgradation of Project Facilities is not completed within the specified period or ‘O&M Agency’ does not start the commercial operation of the Project. In other words, the selected ‘O&M Agency’ shall not be entitled to seek any reduction of ‘Revenue Share’, claim, damages, compensation or any other consideration from the Authority on account of any reason except the Force Majeure clause as applicable. f) The selected ‘O&M Agency’ shall adhere to the format provided by the Authority to furnish the ‘Revenue Share’ payment details. g) The entire ‘Billing System’ including the issue of ‘Entry & Show Tickets and Fee for Other Services’ shall be computerized by the ‘O&M Agency’ for all the tickets, shows, facilities and services provided in the ‘Bapu Museum’ and submit the ‘Computer Generated Reports’ on daily basis to the Commissioner/Director, the Dept. of Archaeology & Museums, Govt. of A.P.

Dept. of Archaeology & Museums, Govt. of A.P. 9

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders h) Property Tax, if any, will be paid by the Dept. of Archaeology & Museums, Govt. of A.P., which shall be borne by the ‘O&M Agency’ as part of the ‘Annual Overheads’ during the ‘O&M Period’, since all the overheads are proposed to be met by the ‘O&M Agency’.

In this ‘RFP’, the term “Highest Bidder” shall mean the Bidder who is offering the highest Minimum Guaranteed ‘Revenue Share’ to the Authority (exclusive of GST).

1.2.8 The details of the process to be followed in the Bidding Process and the terms thereof are spelt out in this ‘RFP’.

1.3 Schedule of Bidding Process

The Authority shall endeavour to adhere to the following schedule:

Particulars Date RFP Notification Thursday, 24th December, 2020 Pre-bid Meeting Monday, 4th January, 2021 at 3.00 PM. Pre-bid Responses Tuesday, 5th January, 2021 Last Date for the Submission of Friday, 22nd January, 2021 up to 3.00 PM Bid (RFP) (the “Proposal Due Date”) On the Bid Submission Due Date at 4.00 PM

Venue: O/o. The Commissioner, Dept. of Archaeology Date and Time of Opening of & Museums, Govt. of A.P., Technical Proposal Bapu Museum, Bandar Road, Vijayawada-520002, Krishna District, Andhra Pradesh. Date and Time of Opening of the Monday, 25th January, 2021 at 3.00 PM Financial Proposals The Commissioner/Director,

Dept. of Archaeology & Museums, Govt. of A.P., Bapu Museum, Bandar Road, Vijayawada-520002, Address for Communication Krishna District, Andhra Pradesh. Phone: 0866-2410986; Email: [email protected]

Validity of Proposals 180 days from the Proposal Due Date

Dept. of Archaeology & Museums, Govt. of A.P. 10

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

2 INSTRUCTIONS TO BIDDERS

2.1 Eligible Bidders

2.1.1 For determining the eligibility of the Bidders, the following conditions are required to be satisfied (the “Qualification Criteria”):

(a) The Bidder for participating in the Bidding Process shall be a single business entity (the “Single Business Entity”) or a consortium of business entities (the “Bidding Consortium”). The Bidding Consortium shall have not more than Two (2) Business Entities as Consortium Members.

For the purpose of this ‘RFP’ document, Single Business Entity or Bidding Consortium Member shall mean a company incorporated under the Companies Act, 1956/2013 or a Partnership Firm registered under the Indian Partnership Act, 1932 or a Limited Liability Partnership (LLP) registered under the LLP Act 2008 or a sole Proprietorship firm registered under the Proprietorship Act, 1908.

If the Bidder is: i. A company, it should furnish copy of the certificate of incorporation and memorandum of association as a proof of identity. ii. A registered partnership firm, it should furnish copy of the registration certificate under the registrar of firms and copy of the partnership deed executed between the partners as a proof of identity. iii. A registered LLP, it should furnish copy of the registration certificate under the registrar of companies and copy of the partnership deed executed between the partners as a proof of identity. iv. A sole proprietorship firm, it should furnish copy of the Shops & Establishment Registration and either the Sales/GST Returns or IT Returns for the last Three financial Years preceding the Proposal Due Date as a proof of identity.

(b) Technical Capacity: The Bidder or any Member of the Bidding Consortium should have minimum 5 (Five) Years of experience in operating at least One (1) ‘Museum / Art Gallery / Fort / Archaeological Monument / Heritage Property’ in the last 10 (Ten) Years, as on the bid due date (the “Technical Capacity”).

(i) Technical Capacity of parent/subsidiary/associate company(ies) of the Bidder would also be considered for evaluation. (ii) For the project experience submitted by the Bidder, the Bidder is required to submit the details as specified in Appendix-C along with supporting documents as mentioned therein.

(c) Financial Capacity: The Bidder or any Member of the Bidding Consortium should have a Minimum Average Annual Turnover of Rs.3.00 Crores. (Rupees Three Crores only) in the last Three (3) Financial Years, immediately preceding the Proposal Due Date (the “Financial Capacity”) as per the audited annual reports.

For demonstrating the Financial Capacity, the Bidder is required to submit:

Dept. of Archaeology & Museums, Govt. of A.P. 11

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

i. Audited annual financial statements of the Bidder for the Three (3) financial Years immediately preceding the Proposal Due Date. In case the annual accounts for the latest financial Year are not audited, the Audited Annual Financial Statements for the Three Years preceding the latest financial Year would be considered for evaluation. ii. Certificate from a Chartered Accountant in the format provided at Appendix-D.

2.1.2 A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified. In the event of disqualification, the Authority shall forfeit and appropriate the Bid Security or Security Deposit, as the case may be, as mutually agreed genuine loss and damages 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 submission, without prejudice to any other right or remedy that may be available to the Authority hereunder and/ or otherwise. Without limiting the generality of the above, a Bidder shall be considered to have a Conflict of Interest that affects the Bidding Process, if: a. such Bidder and any other Bidder, have common controlling shareholders or other ownership interest; provided that this qualification shall not apply in cases where the direct or indirect shareholding in a Bidder, and in the other Bidder(s) is less than 26% of its paid up and subscribed capital; or b. a constituent of such Bidder is also a constituent of another Bidder; or c. such Bidder has the same legal representative for purposes of this Bid as any other Bidder; or d. such Bidder has a relationship with another Bidder, directly or through common third parties, that puts them in a position to have access to each other’s information about, or to influence the Bid of either or each of the other Bidder; or e. such Bidder has participated as a consultant to the Authority in the preparation of any documents, design or technical specifications of the Project.

2.1.3 Any entity, which has earlier been barred by the Authority or Government of Andhra Pradesh from participating in its projects, would not be eligible to submit a Proposal, if such bar subsists as on the Proposal Due Date.

2.1.4 The following conditions shall be adhered to while submitting a Bid: a. Bidders should attach clearly marked and referenced continuation sheets in the event that the space provided in the prescribed forms in the Annexes to Appendices is insufficient. Alternatively, Bidders may format the prescribed forms making due provision for incorporation of the requested information; b. information supplied by a Bidder must apply to the Bidder named in the Bid and not, unless specifically requested, to other associated companies; c. Bidders should demonstrate their Qualification Criteria in accordance with Clause 2.1.1.

2.2 Number of Proposals

Each Bidder shall submit only one (1) Proposal, in response to this ‘RFP’. Any Bidder, who submits more than one Proposal, will be disqualified.

2.3 Proposal Preparation Cost

The Bidder shall be responsible and shall pay for all of the costs associated with the preparation of its Proposal and its participation in the Bidding Process. The Authority will not

Dept. of Archaeology & Museums, Govt. of A.P. 12

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Bidding Process.

2.4 Project Inspections and Visit to the Site

2.4.1 It is desirable that each Bidder submits its Proposal after ‘visiting the site’ at their own cost and ascertaining itself the location, surroundings, or any other matter considered relevant by it. The Bidder may contact Mr. M. Swamy Naik, Deputy Director, Dept. of Archaeology & Museums, Govt. of A.P., Bapu Museum, Bandar Road, Vijayawada-520002; Mobile No.90003-30023, for any information or ‘Site Visit’ to the ‘Bapu Museum’ at Vijayawada.

2.4.2 It would be deemed that by submitting the Proposal for ‘RFP’, the Bidder has: a. made a complete and careful examination of terms & conditions / requirements, and other information set forth in this ‘RFP’ document; b. received all such relevant information as it has requested from the Authority; and c. made a complete and careful examination of the various aspects of the Project including but not limited to: i. the site details (Project Site); ii. existing facilities at the site; iii. the conditions of the access roads and utilities in the vicinity of the Project Site; iv. conditions affecting transportation, access, disposal, handling and storage of materials; v. clearances obtained by the Authority for the Project; vi. business potential of proposed project; vii. extent of land in actual possession of the Authority and deviations if any, irrespective of the extent of deviation, from the extent of land details mentioned in this ‘RFP’ document; and viii. All other matters that might affect the Bidder's performance under the terms of this ‘RFP’ document.

2.4.3 The Authority shall not be liable for any mistake or error on the part of the Bidder in respect of the above.

2.5 Right to Accept or Reject any of the Proposals

2.5.1 Notwithstanding anything contained in this ‘RFP’, the Authority reserves the right to accept or reject any Proposal and to annul the Bidding Process and reject all Proposals at any time without any liability or any obligation for such acceptance, rejection or annulment, and without assigning any reasons therefore. In the event the Authority rejects or annuls all the Proposals, it may, in its discretion, invite all eligible Bidders to submit fresh Proposals hereunder.

2.5.2 The Authority reserves the right to reject any Proposal and appropriate the Bid Security if: a. at any time, a material misrepresentation is made or uncovered, or b. the Bidder does not provide, within the time specified by the Authority, the supplemental information sought by the Authority for evaluation of the Proposal.

Such misrepresentation/improper response shall lead to the disqualification of the Bidder. If such disqualification/rejection occurs after the Proposals have been opened and the Highest Bidder gets disqualified/rejected, then the Authority reserves the right to:

(i) invite the remaining Bidders to match the Highest Bidder/submit their Proposals in accordance with the ‘RFP’; or

Dept. of Archaeology & Museums, Govt. of A.P. 13

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

(ii) take any such measure as may be deemed fit in the sole discretion of the Authority, 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 ‘O&M Agreement’ or after its execution and during the period of subsistence thereof, including the right thereby granted by the Authority, that one or more of the qualification conditions have not been met by the Bidder or the Bidder has made material misrepresentation or has given any materially incorrect or false information, the Bidder shall be disqualified forthwith if not yet appointed as the Selected Bidder either by issue of the LOI or execution of the Agreement, and if the Bidder has already been issued the LOI 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 the Authority to the Bidder, without the Authority being liable in any manner whatsoever to the Bidder or Selected Bidder, as the case may be. In such an event, the Authority shall forfeit and appropriate the Bid Security or Security Deposit, as the case may be, as mutually agreed genuine compensation and damages payable to the Authority for, inter alia, time, cost and effort of the Authority, without prejudice to any other right or remedy that may be available to the Authority.

2.5.4 The Authority reserves the right to verify all statements, information and documents submitted by the Bidder in response to the ‘RFP’. Failure of the Authority to undertake such verification shall not relieve the Bidder of its obligations or liabilities hereunder nor will it affect any rights of the Authority thereunder.

2.6 Clarification and Amendment of ‘RFP’

2.6.1 At any time prior to the Proposal Due Date, the Authority may, for any reason, whether at its own initiative or in response to clarifications requested by a Bidder, modify the ‘RFP’ Document by the issuance of Addenda. Any Addendum or responses issued hereunder will be uploaded on the Authority website www.tourism.Andhra Pradesh.gov.in

2.6.2 In order to provide the Bidders a reasonable time to examine the Addendum, or for any other reason, the Authority may, at its own discretion, extend the Proposal Due Date. Information about extension of the Proposal Due Date will be published on Authority website www.tourism.Andhra Pradesh.gov.in

2.7 Language

2.7.1 The Proposal and all related correspondence and documents should be written in the English language. Supporting documents and printed literature furnished by Bidder with the Proposal are if in any other language, those should be accompanied by appropriate translations in English language duly certified by a competent person (Statutory Auditor, Chartered Accountant, Company Secretary, or Director of the Company). Supporting materials, which are not translated into English, will not be considered. For the purpose of interpretation and evaluation of the Proposal, the English language translation shall prevail.

2.8 Bid Security

2.8.1 The Bidder should submit as part of its Proposal a Bid Security in the manner set out in Clause

Dept. of Archaeology & Museums, Govt. of A.P. 14

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

2.8.2 The Authority shall not be liable to pay any interest on the Bid Security and the same shall be interest free.

2.8.3 The Bid Security of the unsuccessful Bidder(s) shall be returned not later than 60 (Sixty) days from the date of announcement of the Selected Bidder. The return of Bid Security shall be in the form of demand draft in favour of the unsuccessful Bidder(s). Bidders may by specific instructions in writing to the Authority, give the name and address of the person in whose favour the said demand draft shall be drawn by the Authority for refund, failing which it shall be drawn in the name of the Bidder and shall be mailed to the address given on the Proposal.

2.8.4 The Bid Security shall be forfeited in the following cases: a. If the Bidder modifies or withdraws its Proposal except as provided in Clause 2.15. b. If the Bidder withdraws its Proposal during the interval between the Proposal Due Date and expiration of the Proposal Validity Period. c. If any information or document furnished by the Bidder turns out to be misleading or untrue in any material respect. d. If a Bidder engages in a corrupt or undesirable practice. e. If the ‘Revenue Share’ quoted by Bidder is below the Minimum Guaranteed ‘Revenue Share’ fixed by the Authority. f. In the case the Selected Bidder, fails within the specified time limit to: i. sign and return the duplicate copy of LOI; ii. sign the Agreement with the Authority; or iii. furnish the Security Deposit within the prescribed period.

2.9 Validity of Proposal

Proposal shall remain valid for a period not less than 180 (one hundred and eighty) days from the Proposal Due Date ("Proposal Validity Period"). The Authority reserves the right to reject any Proposal, which does not meet this requirement.

2.10 Extension of Validity of Proposal

2.10.1 In exceptional circumstances, prior to expiry of the original Proposal Validity Period, the Authority may request Bidders to extend the Proposal Validity Period for a specified additional period.

2.10.2 A Bidder may refuse the request without forfeiting its Bid Security. A Bidder agreeing to the request will not be allowed to modify its Proposal, except as provided under Clause 2.15 but would be required to extend the validity of its Bid Security for the period of extension.

2.10.3 The Selected Bidder shall, where required, extend the Proposal Validity Period until the date of execution of the Agreement.

2.11 Format and Signing of Proposal

2.11.1 Bidders should submit the Technical Proposal and the Financial Proposal in the manner set out in this Clause 2.11 and Clause 2.12. The Authority would evaluate only those Proposals that are received in the required format and complete in all respects. Incomplete and/or conditional Proposals shall be liable to rejection.

Dept. of Archaeology & Museums, Govt. of A.P. 15

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

2.11.2 Bidders shall prepare one set of the Technical Proposal (together with originals / copies of documents required to be submitted along therewith pursuant to this ‘RFP’) and clearly mark as “TECHNICAL PROPOSAL”.

2.11.3 The Proposals shall be typed or written in indelible ink and signed by the Authorized Representative (the “Authorized Representative”) 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. The person signing the Proposal shall initial all the alterations, omissions, additions, or any other amendments made to the Proposal. The Proposals must be properly signed by the Authorized Representative as detailed below: (a) by a Director or duly authorized person holding the Power of Attorney, in case of a Company (b) by a Partner holding the signing authority or a duly authorized person holding the resolution as signing authority, in case of a Partnership Firm or LLP. (c) by the proprietor, in case of a sole proprietary firm.

2.11.4 In case of a Company, a Power of Attorney in the format specified in Appendix-E should be included in the Proposal. However, the Power of Attorney is not required to be submitted, if the Proposal is signed by a Partner in case of a Partnership Firm or LLP, and the proprietor in case of a sole proprietorship firm.

2.12 Sealing and Marking of Proposals

2.12.1 The Bidder shall submit all the documents sought under the ‘RFP’, together with the documents mentioned in Clause 2.12.2 in the format provided under the ‘RFP’ and in the manner specified in Clause 2.12.2.

2.12.2 The Bidder shall submit the Proposal in Two separate envelopes comprising the following documents and marked as “TECHNICAL PROPOSAL” and “FINANCIAL PROPOSAL”.

“TECHNICAL PROPOSAL” comprising the following documents as part of their Proposal. a. Demand Draft towards the Bid Processing Fee (Rs.22,400/-); b. Bank Guarantee / Demand Draft towards the Bid Security (Rs.6.00 Lakhs); c. Covering Letter-cum-Project Undertaking as per format at Appendix-A; d. Details of Bidder as per the format at Appendix-B along with supporting documents as specified therein; e. Technical Capacity of the Bidder as per the format at Appendix-C along with Statutory Auditor certificate and supporting documents as specified therein; f. Financial Capability of the Bidder as per the format at Appendix D along with Chartered Accountant certificate and supporting documents as specified therein g. Power of Attorney for signing of Proposal as per the format at Appendix-E; h. In case of a company, it should furnish copy of the certificate of incorporation and memorandum of association as a proof of identity. i. In case of a registered partnership firm, it should furnish copy of the registration certificate issued by the registrar of firms and a copy of the partnership deed executed between the partners as a proof of identity.

j. In case of a Limited Liability Partnership (LLP), it should furnish copy of the registration certificate issued by the registrar of companies and a copy of the partnership deed executed between the partners as a proof of identity.

Dept. of Archaeology & Museums, Govt. of A.P. 16

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders k. In case of a sole proprietorship firm, it should furnish copy of either the Sales/GST or IT returns for the last Three financial Years preceding the Proposal Due Date as a proof of identity. l. A copy of the entire bidding document (along with the addendum, if any) duly signed on each page by the authorised signatory of the Bidder. The Bidding Document shall also have Bidders stamp on each page along with signature of the authorised representative of the Bidder.

“FINANCIAL PROPOSAL” The Financial Proposal consisting of the Bidder’s financial offer, which is higher than the Minimum Guaranteed ‘Revenue Share’ fixed, by the Authority for the Project shall be submitted in the prescribed format Appendix-F on the letterhead of the Bidder and signed by the Authorised Representative.

2.12.3 The envelopes specified above shall be placed in an outer envelope, which shall be sealed, clearly indicate the name and address of the Bidder and bear the following identification:

“Proposal for Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada in PPP Mode on ‘Revenue Share’ Basis”

2.12.4 The envelopes shall be addressed to:

The Commissioner Department of Archaeology & Museums Government of Andhra Pradesh O/o. The Commissioner/Director, Dept. of Archaeology & Museums, Bapu Museum, Bandar Road, Vijayawada-520002, Krishna District, Andhra Pradesh. Phone No.: 0866-2410986; Email: [email protected]

2.12.5 If the envelopes are not sealed and marked as instructed above, the Authority assumes no responsibility for the misplacement or premature opening of the contents of the Proposal submitted and consequent losses, if any, suffered by the Bidder and liable to be rejected.

2.12.6 Proposals submitted by fax, telex, or e-mail shall not be entertained and shall be rejected.

2.13 Proposal Due Date

2.13.1 The Bidder should submit the Proposal before Proposal Due Date, at the address provided in Clause 2.12.4 in the manner and form as detailed in this ‘RFP’.

2.13.2 The Authority may at its sole discretion, extend the Proposal Due Date by issuing an Addendum in accordance with Clause 2.6 uniformly for all Bidders.

2.13.3 The Bidders shall scan and upload all the attested copies of the RFP, General Requirement, Technical and Financial eligibility documents at the tender release website by the date and time mentioned. Please note that the Financial Bid needs to be uploaded separately.

2.13.4 The Bidders shall quote their Minimum Assured Annual Revenue Share on the tender release website only.

Dept. of Archaeology & Museums, Govt. of A.P. 17

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders 2.14 Late Proposals

Any Proposal received by the Authority after Proposal Due Date shall not be eligible for consideration and shall be summarily rejected.

2.15 Modifications/ Substitution/ Withdrawal of Proposals

2.15.1 Bidder may modify, substitute or withdraw its Proposal prior to the Proposal Due Date by written notice of the modification, substitution or withdrawal to the Authority. No Proposal shall be modified, substituted or withdrawn by the Bidder after the Proposal Due Date.

2.15.2 The modification, substitution or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clause 2.12, with the envelopes being additionally marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.

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

2.16 Confidentiality

Information relating to the examination, clarification, evaluation, and recommendation for the Bidders shall not be disclosed to any person not officially concerned with the process. The Authority will treat all information submitted as part of Proposal in confidence and would require all those who have access to such material to treat the same in confidence. The Authority will not divulge any such information unless it is ordered to do so by any authority pursuant to applicable law or order of a competent court or tribunal, which requires its disclosure.

2.17 Clarifications

To assist in the process of evaluation of Proposals, the Authority may, at its sole discretion, ask any Bidder for clarification on its Proposal or substantiation of any of the submissions made by the Bidder. The request for such clarification or substantiation and the response shall be in writing or by facsimile. No material change in the substance of the Proposal would be permitted by way of such clarification / substantiation.

2.18 Consultant(s) or Advisor(s)

To assist the Authority to carry out the Bidding Process, the Authority may appoint Consultants or Advisors to act as the Project Advisors to undertake the project development activities inter- alia including preparation of Bidding Documents, Evaluation of the Bids and recommendation of the Selected Bidder in terms thereof.

2.19 Project Structure

The ‘Bid Process’ to select the qualified and capable entity through a “highly competitive bidding process” for the ‘O&M’ of ‘Bapu Museum’ in PPP mode is structured as per the guidelines of the model RFP document of the NITI Aayog, Govt. of India and guidelines of the prevailing Tourism Policy of Govt. of A.P. The Authority shall enter into an ‘O&M Agreement’ with the selected ‘O&M Agency’, duly obtaining required approvals from the Government, hence the Project shall have appropriate legal protection against any change of Government, subject to the Terms & Conditions of the RFP Document and the O&M Agreement.

Dept. of Archaeology & Museums, Govt. of A.P. 18

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

3 EVALUATION PROCESS

3.1 Evaluation Process

Proposals shall be evaluated in the following Three (3) steps. a. Step 1 - The first step would involve opening of Technical Proposal and a test of responsiveness would be carried out as set out in Clause 3.2.1 of the ‘RFP’. Those Proposals found to be substantially responsive would be considered for the next step of evaluation. b. Step 2 - In the second step, evaluation of the Bidders experience comprising Technical Capacity and Financial Capacity (“Qualification Criteria”) would be undertaken as per Clause 2.1.1 of the ‘RFP’ document. Bidders who meet the qualification criteria would be considered as qualified bidders (the “Qualified Bidders”) and shall be considered for the next step of evaluation. c. Step 3 - In the third step, the Financial Proposals of all the Qualified Bidders would be considered for opening. Bidder quoting the Highest ‘Revenue Share’ calculated in the manner set out in Clause 3.4 shall be declared as the Selected Bidder.

3.2 Tests of Responsiveness

3.2.1 Prior to evaluation of Proposals, the Authority will determine whether each Proposal is responsive to the requirements of the ‘RFP’. A Proposal shall be considered responsive if the Proposal: a. is received before the Proposal Due Date including any extension thereof pursuant to Clause 2.15.2. b. contains demand draft towards the cost of the Bidding Document. c. contains the information, Bid Security and documents as requested in the ‘RFP’. d. contains information in formats specified in the ‘RFP’. e. it provides the information in reasonable detail. ("Reasonable Detail" means that, but for minor deviations, the information can be reviewed and evaluated by the Authority without communication with the Bidder). The Authority reserves the right to determine whether the information has been provided in reasonable detail. f. there are no inconsistencies between the Proposal and the supporting documents.

3.2.2 A Proposal that is substantially responsive is one that conforms to the preceding requirements without material deviation or reservation. A material deviation or reservation is one which, a. affects in any substantial way, the scope, quality, or performance of the Project, or b. limits in any substantial way, inconsistent with the ‘RFP’ document, the Authority's rights or the Bidder's obligations under the Agreement, or c. unfairly affects the competitive position of other Bidders presenting substantially responsive Proposals.

3.2.3 Bidders may note that the Authority will not entertain any deviations to the ‘RFP’ at the time of submission of the Proposal or thereafter. The Proposal to be submitted by the Bidders would have to be unconditional and unqualified and the Bidders would be deemed to have accepted the terms and conditions of the ‘RFP’ with all its contents including the Draft ‘O&M Agreement’. Any conditional Proposal shall be regarded as non-responsive and would be liable for rejection.

3.2.4 The Authority reserves the right to reject any Proposal that is non-responsive and no request for alteration, modification, substitution or withdrawal shall be entertained by the Authority

Dept. of Archaeology & Museums, Govt. of A.P. 19

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders in respect of such Proposals. The Authority reserves the right to consider single responsive bid.

3.3 Evaluation of Qualification Criteria

3.3.1 The Proposals of the Bidders which are found to be responsive as above shall be evaluated to ensure that the Proposals meets the Qualification Criteria specified in Clause 2.1.1.

3.3.2 Bidders are advised that selection of Bidders will be entirely at the discretion of the Authority. 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.

3.3.3 Any information contained in the Proposal shall not in any way be construed as binding on the Authority, its agents, successors or assigns, but shall be binding against the Bidder if the Project is subsequently awarded to it.

3.3.4 The Proposals of the Bidders which are found to be in conformance with the Qualification Criteria as specified at Clause 2.1.1 shall be declared as qualified bidders (“the Qualified Bidders”) and shall be considered for opening of the Financial Proposal. Proposals which do not meet these criteria shall be rejected.

3.3.5 The Financial Proposals of only the ‘Qualified Bidders’ shall be considered for further evaluation. The Authority reserves the right to consider single ‘Qualified Bidder’ also.

3.4 Evaluation of Financial Proposal

3.4.1 The Financial Proposals of only the Qualified Bidders would be opened in the presence of the Bidders(s) / representatives who choose to attend on the date and time as may be intimated to the Qualified Bidders. The Financial Proposal shall consist of ‘Revenue Share’ per annum for the first Year payable by the Selected Bidder to the Authority for undertaking the Project.

3.4.2 The Authority will determine whether the Financial Proposals are complete, unqualified and unconditional. The ‘Revenue Share’ shall be the sole parameter for selection of the Bidder for award of the Project. The Bidder quoting the highest ‘Revenue Share’ above the Minimum Guaranteed ‘Revenue Share’ would be declared as the Selected Bidder (“the Selected Bidder”).

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

3.4.4 In the event that the Highest Bidder withdraws or is not selected for any reason in the first instance (the “first round of bidding”), the Authority may invite all the remaining Bidders to revalidate or extend their respective Bid Security, as necessary, and to match the ‘Revenue Share’ of the aforesaid Highest Bidder (the “second round of bidding”). If in the second round of bidding, only one Bidder matches the Highest Bidder, it shall be the Selected Bidder. If Two or more Bidders match the said Highest Bidder in the second round of bidding, then the Bidder whose quoted ‘Revenue Share’ was higher as compared to other Bidder(s) in the first round of bidding shall be the Selected Bidder.

3.4.5 In the event that no Bidder offers to match the Highest Bidder in the second round of bidding, the Authority may, in its discretion, invite fresh Financial Proposals (the “third round of bidding”) from all Bidders except Highest Bidder of the first round of bidding, or annul the Bidding Process, as the case may be. In case the Bidders are invited in the third round of

Dept. of Archaeology & Museums, Govt. of A.P. 20

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders bidding to revalidate or extend their Bid Security, as necessary, and offer fresh Financial Proposals, they shall be eligible for submission of fresh Financial Proposals. Provided, however, that in such third round of bidding only such Financial Proposals shall be eligible for consideration, which are higher than the Financial Proposal of the second Highest Bidder in the first round of bidding.

3.4.6 The Authority reserves the right to consider the ‘Financial Bid’ of any single ‘Qualified Bidder’.

3.5 Letter of Intent (LOI) and Execution of Agreement

3.5.1 After selection, a Letter of Intent (“LOI”) shall be issued, in duplicate, by the Authority to the Selected Bidder and the Selected Bidder shall, within 7 (Seven) days of the receipt of the LOI, sign and return the duplicate copy of the LOI in acknowledgement thereof. If the duplicate copy of the LOI duly signed by the Selected Bidder is not received by stipulated date, the Authority may, unless it consents to extension of time for submission thereof, appropriate Bid Security of such Bidder as mutually agreed genuine loss and damage suffered by the Authority on account of failure of the Selected Bidder to acknowledge the LOI.

3.5.2 After acknowledgement of the LOI as previously mentioned, the Selected Bidder shall execute the ‘O&M Agreement’ within the period of 30 (thirty) days from the issue of LOI. The preferred bidder may choose to sign the agreement on their name or any Special Purpose (SPC) created by them with minimum 26% equity. In case of SPC, the preferred bidder shall ensure that, he will maintain 26% Equity in the SPC during the O&M Period and the ‘O&M Agreement’ has to be a tripartite agreement, the ‘third party’ being the ‘preferred bidder’ in their capacity as the confirming party to the Agreement.

3.6 Security Deposit

3.6.1 The Selected Bidder shall, within the date specified in the LOI, submit a Demand Draft from any Scheduled Bank for an amount equal to Six (6) Months of ‘Minimum Guaranteed Revenue Share’ quoted by the Bidder, payable for the 1st Year of the Project, to the Authority towards the ‘Security Deposit’ (the “Performance Security”) in favour of Dept. of Archaeology & Museums, Govt. of A.P. The Authority shall not be liable to pay any interest on the Security Deposit and shall be interest free.

3.6.2 Failure of the Selected Bidder to furnish the Security Deposit as specified in Clause 3.6 or enter into an Agreement with the Authority as specified in Clause 3.5.2 would constitute sufficient grounds for the annulment of LOI. In such event, the Authority reserves the right to: a. forfeit the Bid Security amount of the Selected Bidder, and b. either invite the Bidder with the next best offer for negotiations, or c. take any such measure as may be deemed fit in the sole discretion of the Authority, including annulment of the Bidding Process.

3.6.3 The Authority will promptly notify other Bidders that their Proposals have been unsuccessful and their Bid Security will be returned as promptly as possible as and in any case not later than 60 (Sixty) days from the date of announcement of the Selected Bidder.

3.7 Project Development Fee

The Successful Bidder shall within the date specified in the LOI, pay an amount of Rs.19,82,400/- (Rupees Nineteen Lakhs and Eighty Two Thousand and Four Hundred only) inclusive of GST (18%) to the Authority in the form of a demand draft from a scheduled bank drawn in favour of Dept. of Archaeology & Museums, Govt. of A.P., towards ‘Project Development Fee’. The ‘Project Development Fee’ submitted by the Selected Bidder shall be

Dept. of Archaeology & Museums, Govt. of A.P. 21

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders non-refundable in nature. The entire cost of ‘Bid Process’ including the Cost of Consultancy Services for the selection of ‘O&M Agency’ shall be met from this ‘Project Development Fee’, which is computed @ 1% of the total ‘Project Cost’ of developing ‘Bapu Museum’. The total ‘Project Cost’ of developing this State-of-the-art ‘Bapu Museum’ is Rs.16.80 Crores.

3.8 Contacts during Proposal Evaluation

Proposals shall be deemed to be under consideration immediately after they are opened and until such time the Authority makes official intimation of award/rejection to the Bidders. While the Proposals are under consideration, Bidders and/or their representatives or other interested parties shall not make attempts to establish unsolicited and unauthorised contact by any means, the Authority and/or their employees/representatives on matters related to the Proposals under consideration after opening of the Proposals and prior to notification of the Award. Any attempt by the Bidder causing extraneous pressure on the Authority shall be sufficient reason to disqualify the Bidder.

Dept. of Archaeology & Museums, Govt. of A.P. 22

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

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, the Authority may reject a Proposal 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 the Authority under Clause 4.1, if a Bidder is found by the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bidding Process, such Bidder shall not be eligible to participate in any tender or ‘RFP’ issued by the Authority during a period of 2 (Two) Years from the date such Bidder is found by the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as the case may be.

4.3. For the purposes of this Article4, the following terms shall have the meaning hereinafter respectively assigned to them: (a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the Authority who is or has been associated in any manner, directly or indirectly with the Bidding Process or the LOA or has dealt with matters concerning the Agreement or arising there from, before or after the execution thereof, at any time prior to the expiry of one Year from the date such official resigns or retires from or otherwise ceases to be in the service of the Authority, shall be deemed to constitute influencing the actions of a person connected with the Bidding Process); or (ii) save and except as permitted under Clause 2.1.2, 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 the Authority in relation to any matter concerning the Project; (b) “fraudulent practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Bidding Process; (c) “coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any person or property to influence any person’s participation or action in the Bidding Process; (d) “undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by the Authority 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.

Dept. of Archaeology & Museums, Govt. of A.P. 23

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

5 MISCELLANEOUS

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

5.2 The Authority, 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) pre-qualify or not to pre-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 the Authority 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.

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

Dept. of Archaeology & Museums, Govt. of A.P. 24

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

APPENDIX

Dept. of Archaeology & Museums, Govt. of A.P. 25

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

APPENDIX-A: FORMAT FOR COVERING LETTER CUM PROJECT UNDERTAKING (To be submitted on the Letterhead of the Bidder)

To The Commissioner Department of Archaeology & Museums Bapu Museum, Bandar Road, Vijayawada-520002, Krishna District, Andhra Pradesh. Phone No.: 0866-2410986; Email: [email protected]

Dear Sir,

Sub: Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada on ‘O&M Contract’ Basis – Reg.

With reference to your ‘RFP’ document dated ………… , I/We having examined the Bidding Documents and understood their contents, hereby submit my/our Proposal for the Project. The Proposal is unconditional and unqualified.

1 I acknowledge that the Authority will be relying on the information provided in the Proposal and the documents accompanying the Proposal for selection of the selected ‘O&M Agency’ for the aforesaid Project, and we certify that all information provided therein is true and correct; nothing has been omitted which renders such information misleading; and all documents accompanying the Proposal are true copies of their respective originals.

2 This statement is made for the express purpose of our selection as ‘O&M Agency’ for the Operations & Management, management and transfer of the aforesaid Project.

3 I shall make available to the Authority any additional information it may find necessary or require to supplement or authenticate the Proposal.

4 I acknowledge the right of the Authority to reject our Proposal without assigning any reason or otherwise and hereby waive, to the fullest extent permitted by applicable law, our right to challenge the same on any account whatsoever.

5 I 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 pronouncement or arbitration award, nor been expelled from any project or contract by any public authority nor have any contract terminated by any public authority for breach on our part.

6 I declare that:

a. I have examined and have no reservations to the Bidding Documents, including any Addendum issued by the Authority;

b. I 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 (RFP) issued by or any agreement entered into with the Authority or any other public sector enterprise or any government, Central or State;

c. I hereby certify that we have taken steps to ensure that in conformity with the provisions of Section 4 of the ‘RFP’, 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; and

Dept. of Archaeology & Museums, Govt. of A.P. 26

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders d. the undertakings given by us along with the Proposal in response to the ‘RFP’ for the Project were true and correct as on the date of making the Proposal and are also true and correct as on the Proposal Due Date and I/we shall continue to abide by them.

7 I understand that you may cancel the Bidding Process at any time and that you are neither bound to accept any Proposal that you may receive nor to invite the Bidders to Proposal for the Project, without incurring any liability to the Bidders, in accordance with Clause 2.3 of the ‘RFP’.

8 I believe that we satisfy the Qualification Criteria (Technical Capacity and Financial Capacity) and meet(s) the requirements as specified in Clause 2.1.1 of the ‘RFP’.

9 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.

10 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.

11 I/We further certify that no investigation by a regulatory authority is pending either against us or against our CEO or any of our directors/partners/managers/ employees.

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

13 In the event of us being declared as the Selected Bidder, I/We shall agree to enter into a ‘O&M Agreement’ in accordance with the draft that has been provided to me/us prior to the Proposal Due Date. We agree not to seek any changes in the aforesaid draft and agree to abide by the same.

14 I/We have studied all the Bidding Documents carefully and also visited and surveyed the Project site. We understand that except to the extent as expressly set forth in the Agreement, we shall have no claim, right or title arising out of any documents or information provided to us by the Authority or in respect of any matter arising out of or relating to the Bidding Process including the award of Right.

15 I/We offer a Bid Security in the form of a Demand Draft in accordance with the ‘RFP’.

16 The documents comprising the Proposal, as specified in Clause 2.12 of the ‘RFP’, have been submitted in the manner set out in the ‘RFP’.

17 I/We agree and understand that the Proposal is subject to the provisions of the Bidding Documents. In no case, I shall have any claim or right of whatsoever nature if the Project/Right is not awarded to me or our Proposal is not opened or rejected.

18 Financial Proposal is submitted by me after taking into consideration all the terms and conditions stated in the ‘RFP’; draft Agreement, our own estimates of costs and revenues and after a careful assessment of the site and all the conditions that may affect the project cost and implementation of the Project.

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

20 I/We shall keep this offer valid for 180 (one hundred and eighty) days from the Proposal Due Date specified in the ‘RFP’.

Dept. of Archaeology & Museums, Govt. of A.P. 27

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders 21 I/We agree to pay a non-refundable amount to the Authority towards the Project Development Fee as specified in Clause 3.7 of the ‘RFP’ Document if I/We are declared as Selected Bidder.

In witness thereof, I/we submit this Proposal under and in accordance with the terms of the ‘RFP’ document.

...... Signature of the Authorised Person

...... Name of the Authorised Person

Date …………………….

Dept. of Archaeology & Museums, Govt. of A.P. 28

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

APPENDIX-B: FORMAT FOR DETAILS OF BIDDER / EACH MEMBER OF BIDDING CONSORRTIUM (To be submitted on the Letterhead of the Bidder or each Member of the Bidding Consortium)

1. (a) Name of the Company / Firm / Concern

(b) Address

(c) Date of incorporation and/or commencement of business.

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

3. Name, Designation, Address and Phone Numbers of Authorised Signatory of the Bidder: (a) Name : (b) Designation : (c) Company : (d) Address : (e) Mobile Number : (f) E-Mail Address :

3. A statement by the Applicant disclosing material non-performance or contractual non- compliance in past projects, contractual disputes and litigation/ arbitration in the recent past.

No. Criteria Yes No Has the Applicant been barred by the [Central/ State] 1. Government, or any entity controlled by it, from participating in any project (BOT or otherwise)? If the answer to 1 is yes, does the bar subsist as on the date of 2. Application? Has the Applicant paid liquidated damages of more than 5%

(Five per cent) of the contract value in a contract due to delay 3. or has been penalised due to any other reason in relation to execution of a contract, in the last Three Years?

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 29 Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

APPENDIX-C: FORMAT FOR TECHNICAL CAPACITY OF THE BIDDER (To be submitted on the Letterhead of the Bidder/ Lead Member of the Bidding Consortium) (Refer Clause 2.1.1(b) of the ‘RFP’) Item Museum / Art Gallery / Fort / Archaeological Monument / Palace / Heritage Property / Any Other Similar Property, for which the ‘O&M’ is extended by the Bidder (Please Tick) Name Location Address

Concerned Authority Period of ‘O&M’ by the Bidder

Instructions: 1. The ‘Property’ cited must comply with the eligibility criteria specified in Clause 2.1.1. 2. The Bidder should furnish following documents: (i) A copy of Trade License from concerned Local Body, Municipality, Corporation, etc. (ii) Copy of PAN, GST Registration Certificates 3. Certificate from Chartered Accountant in the format provided below.

Format for Certificate for Technical Capacity of the Bidder (To be submitted on the Letterhead of Chartered Accountant)

TO WHOMSOEVER IT MAY CONCERN

We have verified the relevant statutory and other records of M/s. ______[Name of the Bidder], and certify that M/s ______[Name of the Bidder] is the operator of ______Museum / Art Gallery / Fort / Archaeological Monument / Palace / Heritage Property / ______Any Other Similar Property (Please Tick), for which the ‘O&M’ is extended by the Bidder. The names of the Museum / Art Gallery / Fort / Archaeological Monument / Palace / Heritage Property / ______Any Other Similar Property are - 1. ……………………………………………………………………………………………………………………. 2. ……………………………………………………………………………………………………………………. located at …………………………………………………………………………………………………………………. respectively and are in operation from the date …………………………….to …………………………. respectively.

This certificate is being issued to be produced before The Managing Director, Telangana State Tourism Development Corporation, Hyderabad.

Seal and Signature of the Chartered Accountant (including Membership No.) Date: ______Place: ______

Note: It may be noted that in the absence of any detail from the certificates, the information would be considered inadequate and could lead to exclusion of the relevant project in evaluation of experience criteria. The Chartered Accountant should clearly indicate the membership number assigned by the Institute of Chartered Accountants of India or equivalent organisation abroad.

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 30

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

APPENDIX-D: FORMAT FOR FINANCIAL CAPACITY OF THE BIDDER (Refer to Clause 2.1.1(c)of the ‘RFP’) (To be submitted on Letterhead of the Bidder/ Lead Member of the Bidding Consortium)

Annual Turnover* (in Crores) Bidder Type Bidder Name (Company / Partnership Firm 2019-20 2018-19 2017-18 / LLP / Proprietorship) or or or Average 2018-19 2017-18 2016-17

*Required to provide annual turnovers of any Three (3) financial Years of continuous period as per the Audited Accounts.

Instructions: 1. Annual Turnover = Annual Income as indicated in the annual financial statement 2. Along with the above format and information, the Bidders for demonstrating the Financial Capacity should furnish the following: i. The Bidder shall attach copies of the audited annual reports for 3 (Three) Years preceding the Proposal Due Date. The financial statements shall: a. reflect the financial situation of the Bidder; b. be complete, including all notes to the financial statements; and c. correspond to accounting periods already completed and audited (no statements for partial periods shall be accepted). 3. Chartered Accountant certificate (with stamp & membership no) specifying the annual turnovers & average turnover of the Bidder for the 3 (Three) financial Years in the format provided below.

Format for Certificate for Financial Capacity (To be submitted on the Letterhead of the Chartered Accountant)

We have verified the relevant statutory and other records of M/s [Name of the Applicant], and certify that the Annual Turnovers & average turnover for the Three financial Years preceding the Proposal Due Date are as follows:

Annual Turnover (in Crores) Bidder Type (Tick the continuous 3 FYs considered)

Bidder Name (Company / Partnership Firm 2019-20 2018-19 2017-18 / LLP / Proprietorship) or or or Average 2018-19 2017-18 2016-17

This certificate is being issued to be produced before The Commissioner/Director, Dept. of Archaeology & Museums, Govt. of A.P., Vijayawada.

Date & Signature and Seal of the Chartered Accountant (clearly indicating membership number) Date: Place:

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 31

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

APPENDIX-E: FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF PROPOSAL (To be Submitted on Stamp Paper of appropriate Value)

POWER OF ATTORNEY

Know all men by these presents, We, (name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and 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 “Proposal for Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada in PPP Mode on ‘Revenue Share’ Basis”, to The Commissioner/Director, Department of Archaeology & Museums, Vijayawada (the “Authority”) including but not limited to signing and submission of all applications, Proposals and other documents and writings, participate in Bidders' and other conferences and providing information/responses to the Authority, representing us in all matters before the Authority, signing and execution of all contracts including the ‘O&M Agreement’ and undertakings consequent to acceptance of our Proposal, and generally dealing with the Authority in all matters in connection with or relating to or arising out of our Proposal for the said Project and/or upon award thereof to us and/or till the execution of the ‘O&M Agreement’ with the Authority. AND We hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, , THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS DAY OF _, 2020.

For_ (Signature) (Name, Title and Address)

Accepted:

Witnesses:

[Notarised] (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 board or shareholders’ resolution/power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 32

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

APPENDIX-F: FORMAT FOR FINANCIAL PROPOSAL (To be Submitted on the Letterhead of the Bidder) From, Location Date

To The Commissioner Department of Archaeology & Museums Bapu Museum, Bandar Road, Vijayawada-520002, Krishna District, Andhra Pradesh. Phone No.: 0866-2410986; Email: [email protected]

Dear Sir,

Subject: Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada in PPP Mode on ‘Revenue Share’ Basis - Financial Proposal – Reg.

We, the undersigned, offer to undertake the Project in accordance with your Request for Proposal (RFP) dated , and our Proposal (Technical Proposal and Financial Proposal).

1. I / we hereby offer and agree to pay the following amount as ‘Revenue Share’ (exclusive of GST) for the first Year to the Authority for the aforementioned Project in terms of the Agreement as provided below:

Minimum Quoted Amount over and Total Amount* Total Amount* Guaranteed above the Minimum (In Figures) (A + (In Words) ‘Revenue Guaranteed ‘Revenue B) (A + B) Share’* Share’* (A) (B)

Rs.8,00,000/- *

* Excluding Taxes. GST Extra @ 18% at Present.

2. In case of a discrepancy between the amount expressed in figures vis-à-vis the amount expressed in words, the higher of the Two shall prevail.

3. The ‘Revenue Share’ 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 site and all the conditions that may affect the Proposal.

4. The ‘Revenue Share’ has been quoted by me/us is higher than the Minimum Guaranteed ‘Revenue Share’ specified in the Bidding Documents.

5. I / we understand that the Authority is not bound to accept any Proposal(s) received.

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 33

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume I - Instructions to Bidders

6. I/ we agree that my / our Financial Proposal shall remain valid for a period of 180 (One Hundred and Eighty) days from the Proposal Due Date prescribed for submission of Proposal.

7. I / we confirm that our Financial Proposal is unconditional and that we accept all terms and conditions specified in the Bidding Documents.

8. I / we agree to be bound by this offer if we are the Selected Bidder for the Project.

Thanking you,

Yours Faithfully,

Authorized Signatory:

Name and Title of the Signatory:

Name of the Bidder:

Notes: i. The Minimum Guaranteed ‘Revenue Share’ offered by the Selected Bidder shall be payable to the Authority from the Fourth month of execution of the Agreement and shall be escalated by 5% (Five percent) compounding annually throughout the Agreement Period. ii. The Minimum Guaranteed ‘Revenue Share’ is exclusive of GST. The GST shall be payable by the selected ‘O&M Agency’ over and above the ‘Revenue Share’. iii. The Minimum Guaranteed ‘Revenue Share’ shall be payable to the Authority, in advance monthly instalments. iv. The Minimum Guaranteed ‘Revenue Share’ payment details shall be furnished to the Authority adhering to the format as provided by the Authority.

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 34

SELECTION OF AGENCY FOR OPERATIONS & MANAGEMENT OF ‘BAPU MUSEUM’ AT VIJAYAWADA ON ‘O&M CONTRACT’ BASIS

REQUEST FOR PROPOSAL (RFP) VOLUME - II

DRAFT ‘O&M AGREEMENT’

DECEMBER 2020

DEPARTMENT OF ARCHAEOLOGY & MUSEUMS GOVERNMENT OF ANDHRA PRADESH O/o. THE COMMISSIONER/DIRECTOR, DEPT. OF ARCHAEOLOGY & MUSEUMS, BAPU MUSEUM, BANDAR ROAD, VIJAYAWADA-520002, KRISHNA DISTRICT, ANDHRA PRADESH. PHONE No.: 0866-2410986; EMAIL: [email protected] Website: www.aparchmuseums.nic.in

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P.

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

TABLE OF CONTENT

1. PARTIES...... 3 2. SUBJECT MATTER OF AGREEMENT...... 3 3. DATE OF COMMENCEMENT OF AGREEMENT ...... 3 4. PERIOD OF CONTRACT AND EXTENSION ...... 4 5. DELIVERY OF POSSESSION OF PROPERTY ...... 4 6. SECURITY DEPOSIT ...... 4 7. COMMISSIONING OF FACILITIES & OBLIGATIONS ...... 4 8. MINIMUM GUARANTEED ‘REVENUE SHARE’ ...... 5 9. PERIODICITY AND PLACE OF PAYMENT OF MINIMUM GUARANTEED ‘REVENUE SHARE’ ...... 6 10. PENALTY FOR DELAY IN PAYMENT OF DUES ...... 6 11. INSURANCE/SECOND PARTY’S OBLIGATION UNDER PUBLIC LIABILITIESINSURANCE ACT, 1981 . 6 12. OPERATIONS & MANAGEMENT OF EXISTING FACILITIES ...... 7 13. SECURITY MEASURES FOR INFLAMMABLE MATERIALS ...... 7 14. FIXING OF RATES ...... 7 15. TRADE NAME AND STANDARDS...... 7 16. MAINTENANCE OF QUALITY OF FOOD & SERVICES AND PREVENTION OF IMMORAL/ILLEGAL ACTIVITIES ...... 8 17. RIGHTS TO BENEFITS AND CONCESSIONS ...... 8 18. APPOINTMENT OF EMPLOYEES AND CONTRACTORS/SUPPLIERS ...... 8 19. LIABILITY FOR COMPLIANCE WITH LABOUR AND INDUSTRIAL LEGISLATION ...... 9 20. TAX & OTHER LIABILITIES ARISING OUT OF OPERATION ...... 9 21. ENVIRONMENT / POLLUTION ASPECT ...... 9 22. MAINTENANCE OF BOUNDARIES OF THE SCHEDULE PROPERTY ...... 9 23. RIGHT TO INSPECTION AND SURVEY ...... 10 24. ROUTINE AND NON-ROUTINE REPAIRS AND MAINTENANCE...... 10 25. SECOND PARTY NOT TO TRANSFER INTEREST IN THE PROPERTY ...... 10 26. FORCE MAJEURE ...... 10 27. EXTENSION OF TIME/EXCUSE OF PERFORMANCE ...... 11 28. EVENTS OF DEFAULT ...... 11 29. TERMINATION OF THE AGREEMENT BY THE SECOND PARTY ...... 11 30. TERMINATION OF AGREEMENT BY FIRST PARTY...... 11 31. TAKING OVER OF THE PROPERTY ON TERMINATION / EXPIRY OF THE CONTRACT ...... 12 32. PART OF THE CONTRACT ...... 12 33. JURISDICTION ...... 12

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 1 Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

34. DISPUTE RESOLUTION ...... 12 35. NOTICES ...... 13 36. CONSEQUENCES OF TERMINATION OR EXPIRY OF AGREEMENT BY EFFLUX OF TIME ...... 13 SCHEDULE-A MINIMUM GUARANTEED ‘REVENUE SHARE’ ...... 15 SCHEDULE-B SCHEDULE OF ASSETS OF BAPU MUSEUM ...... 16 SCHEDULE-C SPECIAL TERMS & CONDITIONS FOR THE ‘O&M’ OF BAPU MUSEUM ...... 19 SCHEDULE-D DETAILS OF BAPU MUSEUM ...... 24 SCHEDULE-E TOTAL PROJECT COST FOR THE DEVELOPMENT OF BAPU MUSEUM ...... 30 SCHEDULE-F MONTHLY & YEARLY OVERHEASDS OF BAPU MUSEUM ...... 31

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 2

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

DRAFT ‘Operations & Management’ (O&M) AGREEMENT

1. PARTIES This agreement made this day of 2021 between

Department of Archaeology & Museums, Government of Andhra Pradesh, O/o. The Commissioner/Director, Dept. of Archaeology & Museums, Bapu Museum, Bandar Road, Vijayawada-520002, Krishna District, Andhra Pradesh, through its Commissioner/Director herein after called the FIRST PARTY (which expression shall unless excluded by or repugnant to the context include its successors in office and assigns) of the FIRST PART; And , a [Proprietorship/ Partnership Firm /LLP/Company] having its registered office at through , its duly authorized signatory hereinafter called the SECOND PARTY (which expression shall unless excluded by or repugnant to the context include its successors in office and assigns) of the SECOND PART.

2. SUBJECT MATTER OF AGREEMENT The subject matter of this Agreement is ‘Operations & Management’ (O&M) of ‘Bapu Museum’ at Vijayawada as detailed in Schedule A.

3. DATE OF COMMENCEMENT OF AGREEMENT

This agreement shall commence from day of (the start date) to day of_ _ (the end date).

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 3

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement 4. PERIOD OF CONTRACT AND EXTENSION

4.1. This Agreement shall be for a period of 10 (Ten) Years starting from day of .

4.2. This Agreement may have a scope for extension for another 5 (Five) Years, if there is no default by the SECOND PARTY during the Agreement period. The provisions of this Agreement except for Clause 4.2 will apply mutatis mutandis to the extended period.

5. DELIVERY OF POSSESSION OF PROPERTY

5.1 The property mentioned in Schedule-A would be handed over by FIRST PARTY to the SECOND PARTY on “as is where is” basis within 7 (Seven) days of commencement of this agreement, free from all charges and encumbrances.

6. SECURITY DEPOSIT

6.1. The SECOND PARTY has furnished a Demand Draft to FIRST PARTY for Rs. /- (Rupees only) [equal to 50% (fifty percent) of the first Year’s Minimum Guaranteed ‘Revenue Share’/ Six Months Minimum Guaranteed ‘Revenue Share’] prior to signing of this agreement.

6.2. The FIRST PARTY will have the right to revoke the Demand draft against any such incidents for which the SECOND PARTY is liable and fails to comply the agreement or indemnify. The SECOND PARTY should submit a new Demand Draft within 30 days of such incident.

7. COMMISSIONING OF FACILITIES & OBLIGATIONS

7.1. The SECOND PARTY will ensure that the project facilities i.e. ‘Operations & Management’ of the ‘Bapu Museum’ at Vijayawada are commissioned and opened within 1 (One) Month for ‘Bapu Museum’ and 3 (Three) Months for ‘Handicrafts Bazaar & Food Court’ from the date of signing of this Agreement.

7.2. The SECOND PARTY may develop any other ‘Tourism Related Project Components’ such as Handicrafts Bazaar, Food Court, Night Bazaar etc., as per the market assessment and with the prior consent of the Dept. of Archaeology & Museums, Govt. of A.P. and as per the applicable development norms of the concerned Local Authorities (VMC).

7.3. The SECOND PARTY will be required to obtain and maintain all the applicable statutory approvals and clearances for ‘Operations & Management’ of the facilities throughout the Project Period.

7.4. All existing landscape features and trees should be retained undisturbed.

7.5. Any Upgradation Plan of the proposed project shall be prepared and finalized duly considering the existing structures and in consultation with the FIRST PARTY.

7.6. The movable existing furniture can be utilised by the ‘SECOND PARTY’. If the selected ‘O&M Agency’ wishes to replace any of the existing furniture, he may do so but the same cannot be taken back by the ‘SECOND PARTY’ after completion of the agreement period.

7.7. Fixtures and refurbishment to the existing structure to be made by the SECOND PARTY should be with prior approval of the FIRST PARTY and should not be taken back by the SECOND PARTY after completion of the agreement period.

7.8. The SECOND PARTY shall have the right to demand, charge, collect and retain the user fee from users of the project facilities and transfer the project facilities to the FIRST PARTY or its authorised representative upon expiry of the Agreement Period in accordance with the provisions of this ‘O&M Agreement’.

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 4

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

7.9. In case, the Operation of the project facilities in 1 (One) Month for ‘Bapu Museum’ and 3 (Three) Months for ‘Handicrafts Bazaar & Food Court’ from the date of signing of Agreement is not achieved by the SECOND PARTY, even if the Annual/Monthly Fee is paid without default, it will be considered as Event of Default.

7.10. The FIRST PARTY or its authorised agencies shall inspect the facilities anytime to check compliance with the conditions specified in the ‘RFP’ & Agreements and general condition of the maintenance of the project from time to time and can take appropriate action in case the Project is not operational in terms with the Agreement.

7.11. In any case, subject to Force Majeure, if the operations are closed for more than Three Months without information to/permission from the FIRST PARTY, the FIRST PARTY shall have the right to cancel the Project, even if the ‘Revenue Share’ is paid without default by the SECOND PARTY.

8. MINIMUM GUARANTEED ‘REVENUE SHARE’

8.1. The SECOND PARTY shall be fully entitled to all earnings / profits from the operations of the schedule property.

8.2. The SECOND PARTY quoted the Minimum Guaranteed 'Revenue Share' of Rs. … (Rupees only) [quoted amount of Selected Bidder] plus GST / Taxes as applicable.

8.3. In view of the following 3 (Three) Shows, which are yet to be completed and commissioned by the FIRST PARTY, which will be completed and commissioned, one by one, as soon as possible, by the FIRST PARTY, there shall be a ‘25% Reduction’ in payment of the Minimum Guaranteed ‘Revenue Share’ quoted by the Bidder for the first Year, proportionately in the ‘Monthly Payments’, for the effected number of Months, till the completion and commissioning of the following 3 (Three) Shows as follows. (i) Immersion Projection Mapping at inside of the Bapu Museum – 10% Reduction. (ii) Projection Mapping at outside of the Victoria Museum – 12.5% Reduction. (iii) Sound & Light Show at inside of the Victoria Museum – 2.5% Reduction.

These reductions in the payment of the Minimum Guaranteed ‘Revenue Share’, shall be automatically ceased to be in force with immediate effect, as soon as the respective ‘Shows’ are completed and commissioned.

8.4 In view of the present footfalls scenario and uncertainty of the future footfalls as well for at least one more Year due to COVID 19 situation, the FIRST PARTY offered 50% reduction in the Minimum Guaranteed ‘Revenue Share’ quoted by the Bidder for the first Year, , for a period of 9 (Nine) Months after the completion of 3 (Three) Months of waiver for the development and commissioning period. However, from the second Year onwards the ‘Revenue Share’ would be escalated by 5% on the quoted amount for the first Year, thereafter compounded annually throughout the Project Period as provided in Schedule-B.

8.5 The SECOND PARTY should pay the Minimum Guaranteed ‘Revenue Share’ to the FIRST PARTY notwithstanding the fact that the upgradation of project facilities is not completed or SECOND PARTY does not start the commercial operation of the Project. In other words, the SECOND PARTY shall not be entitled to seek any reduction of Minimum Guaranteed ‘Revenue Share’, claim, damages, compensation or any other consideration from the FIRST PARTY on account of any reason.

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 5

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

9. PERIODICITY AND PLACE OF PAYMENT OF MINIMUM GUARANTEED ‘REVENUE SHARE’

9.1. There will be 3 (Three) Months moratorium on payment of Minimum Guaranteed ‘Revenue Share’ from the date of signing of Agreement for ‘Operations & Management’ of the facility.

9.2. The Minimum Guaranteed ‘Revenue Share’ shall be payable by the SECOND PARTY to the FIRST PARTY from the Fourth month from the date of signing of the Agreement.

9.3. The Minimum Guaranteed ‘Revenue Share’ shall be payable in advance monthly instalments by the SECOND PARTY to FIRST PARTY on or before 7th Day of the relevant Month.

9.4. For the purpose of computation or payment of Minimum Guaranteed ‘Revenue Share’, Annual/Year denotes 12 (Twelve) calendar Months after 3 (Three) Months from the date of signing of the Agreement.

9.5. The payment shall be either through bank draft in the name of Dept. Of Archaeology & Museums, Govt. Of A.P. payable at Vijayawada or NEFT/RTGS Transfer.

9.6. The SECOND PARTY shall adhere to the format provided by the FIRST PARTY to furnish the Minimum Guaranteed ‘Revenue Share’ Payment details.

10. PENALTY FOR DELAY IN PAYMENT OF DUES

10.1. In the event of delay in payment beyond the period as stipulated above, a penal interest @ 18% (eighteen percent) per annum shall be payable by the SECOND PARTY to FIRST PARTY on the amount due and payable.

10.2. A delay in the payment of more than 6 (Six) Months from the date the amount became due shall be considered to be an event of default and will automatically entitle the FIRST PARTY to cancel the existing agreement by and between the parties and revoke the Security Deposit.

11. INSURANCE/SECOND PARTY’S OBLIGATION UNDER PUBLIC LIABILITIESINSURANCE ACT, 1981

11.1. SECOND PARTY shall take adequate coverage of insurance as specified in Clause11 for the property and all substances which have been declared to be hazardous substances under the notification issued from time to time under Public Liabilities Insurance Act, 1981 or any rule framed there under or any applicable law.

11.2. The SECOND PARTY shall at its own cost insure the property as specified in Schedule-A against any such risk to the property or properties due to the fault and negligence of the SECOND PARTY during the subsistence of the agreement in the name of FIRST PARTY.

11.3. The SECOND PARTY shall take adequate coverage of insurance for the property and properties against damage, destruction by fire, flood, earthquake, mob violence, or such other causes.

11.4. In the event of occurrence of any of the eventualities covered by the insurance, taken by the FIRST PARTY or SECOND PARTY the amount payable under the insurance policy shall be receivable by FIRST PARTY.

11.5. The SECOND PARTY shall, from time to time, pay the premium(s) to be paid under the insurance policy to be taken out in the above respects and submit the original document to FIRST PARTY.

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 6

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement 11.6. The SECOND PARTY shall be responsible for pursuing any claims at its own costs, acting as the agent of FIRST PARTY. After the due amount has been received by FIRST PARTY, the FIRST PARTY shall transfer the money to the SECOND PARTY for undertaking the work of repair and / or renovation of the damages and destruction portion of the property at a cost not less than the claim amount received and within the period not exceeding 6 (Six) Months from the date of receipt of the claim amount from FIRST PARTY.

12. OPERATIONS & MANAGEMENT OF EXISTING FACILITIES 12.1. The SECOND PARTY shall have the right to upgrade and/or modification to the existing facilities in the schedule property. However, application with designs, drawings and other necessary details particularizing such upgradation and / or modification of the existing facilities subject to the provisions of this Agreement shall have to be submitted to the relevant local authority as required under applicable regulations for necessary approvals. The approvals and clearances shall be communicated by the SECOND PARTY to the FIRST PARTY.

12.2. In regard to upgradation/modification and / or creation of new / additional facilities where approval / permission of local bodies is required it will be the sole responsibility of the SECOND PARTY to diligently obtain such approvals /permissions and shall keep FIRST PARTY indemnified. 12.3. The SECOND PARTY shall complete ‘Operations & Management’ of the project facilities within 1 (One) Month for ‘Bapu Museum’ and 3 (Three) Months for ‘Handicrafts Bazaar & Food Court’ from execution of this Agreement.

12.4. Any modification and/or addition carried out in violation of the stipulations aforesaid shall be deemed unauthorized construction and shall be considered to be SECOND PARTY Event of Default.

12.5. The SECOND PARTY shall transfer the project facilities to the FIRST PARTY or its authorized representative upon expiry of the Agreement in accordance with the provisions of this Agreement.

13. SECURITY MEASURES FOR INFLAMMABLE MATERIALS

13.1 The SECOND PARTY shall not store combustible and explosive materials and / or any other prohibited materials in the schedule premises. However, SECOND PARTY may keep adequate quantities of liquefied petroleum gas, kerosene, petrol and high/low speed diesel, etc. for the purpose of cooking and operation of diesel generating sets, etc. after taking due permission, care, and measures as per law of the land from appropriate Authority.

14. FIXING OF RATES

14.1. The SECOND PARTY shall follow all the ‘Tariffs’ fixed by FIRST PARTY for all the facilities & services to be provided by it in the ‘Museum Premises’ for the Entry as well as all the Shows in the Museum. The SECOND PARTY shall have the right to decide the rates for all the facilities & services to be provided by it in the ‘Tourism Project Components’ viz., Handicrafts Bazaar & Food Court. The SECOND PARTY shall have the right to decide the ‘Product Mix’ and Rates in the Handicrafts Bazaar and the Cuisine & Menu for Food & Beverages, and the Prices for the same in the Food Court.

15. TRADE NAME AND STANDARDS

15.1. The SECOND PARTY is free to have its own business identity for operating the facility. However, trade name and logo of “‘BAPU MUSEUM’’’ and ‘’Dept. of Archaeology & Museums’’ “(Name of the project property)” or as specified by the FIRST PARTY and the SECOND PARTY shall also be visibly displayed at the premises. The SECOND PARTY shall

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 7

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement ensure that the crockery/ cutlery/linen, etc. used in the property is of the standard brand of industry acceptance.

16. MAINTENANCE OF QUALITY OF FOOD & SERVICES AND PREVENTION OF IMMORAL/ILLEGAL ACTIVITIES

16.1. The SECOND PARTY shall have to maintain high standard of the quality of food and services to be provided at the Property and take due care to prevent any immoral/illegal activities in the premises. In order to ensure enforcement of the above provisions, FIRST PARTY shall have the right of inspection without notice.

16.2. Prior permission to provide any service other than mentioned in the document shall be obtained from FIRST PARTY.

16.3. If FIRST PARTY finds issue with food quality, hygiene, services, etc., the FIRST PARTY may issue a notice to address the same within 30 days. If the quality of food is not improved within 30 days, it will be treated as an Event of Default and necessary actions will be initiated.

16.4. The SECOND PARTY shall be responsible for all the required licenses like Food/Health Licenses, etc. as relevant and approvals related to running the property/business.

16.5. The SECOND PARTY shall keep indemnified the FIRST PARTY for any liability /losses / claims that may arise in this regard and shall have to settle such liabilities/ losses / claims, if any, at its own cost. The FIRST PARTY has the right to revoke the Security Deposit if such claims are not settled by the SECOND PARTY.

16.6. The SECOND PARTY shall not act in any manner, which may be detrimental to the interest / Reputation/ credibility of the FIRST PARTY.

16.7. Any violation of the above shall be treated as an Event of Default.

17. RIGHTS TO BENEFITS AND CONCESSIONS

17.1. FIRST PARTY shall pass on to the SECOND PARTY all available Government sanctions as per existing laws and / or under any new law or due to any other modification and / or change, in future, in any of the State / Central Government Rules and / or annual financial bills (Budget) of the State / Central Government for the promotion / benefit of Tourism, Hotel Industry, if received by FIRST PARTY shall not pre-empt or adjust such amounts received towards future payments /rentals, etc. However, the FIRST PARTY is not liable to ensure any such benefits and concessions to the SECOND PARTY.

18. APPOINTMENT OF EMPLOYEES AND CONTRACTORS/SUPPLIERS

18.1. The SECOND PARTY shall have the right to select and appoint employees / staff / contractors / suppliers, as it may deem fit, for smooth operation and functioning of the facility, as per law of the land, adhering to the norms and technical eligibility criteria fixed by the FIRSTPARTY for the selection of any such employees / contractors / suppliers.

18.2. The SECOND PARTY may absorb any present employee of FIRST PARTY, if any, working at the property, with the consent of the FIRST PARTY.

18.3. The FIRST PARTY indemnifies the SECOND PARTY against any disruption of work caused by any of the existing employees, contractors, labour union relating to the scheduled property for the period prior to the signing of this Agreement.

18.4. The staff hired/employed by the SECOND PARTY shall be in the payrolls of the SECOND PARTY or its service providers and staff so employed shall have no claim of any relationship in any

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 8

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement manner with the FIRST PARTY even after pre-mature termination of the agreement and/or expiry of the agreement.

18.5. The SECOND PARTY undertakes to indemnify FIRST PARTY against any financial and other liabilities in relation to the employees/contractors/suppliers/brands who maybe engaged by the SECOND PARTY.

19. LIABILITY FOR COMPLIANCE WITH LABOUR AND INDUSTRIAL LEGISLATION 19.1. The SECOND PARTY undertakes to abide by all relevant labour and industrial legislations’ including Minimum Wages Act, PF Act, ESI Act, Shops and Establishment Act as applicable to the relevant industry.

19.2. The SECOND PARTY indemnify FIRST PARTY to the extent of any liability accrued to the SECOND PARTY during the tenure of this agreement. FIRST PARTY similarly indemnify the SECOND PARTY to the extent of any liability accrued to FIRSTPARTY prior to the signing of this agreement.

20. TAX & OTHER LIABILITIES ARISING OUT OF OPERATION

20.1. Property Tax, if any, will be paid by the FIRST PARTY, which shall be borne by the ‘SECOND PARTY’ as part of the ‘Annual Overheads’ during the ‘O&M Period’, since all the overheads are proposed to be met by the ‘SECOND PARTY’.

20.2. SECOND PARTY shall be responsible for the payment of all other liabilities / taxes/ duties resulting from the operation of the facility, as presently applicable or may be made applicable during the tenure of this agreement.

20.3. The liability of the SECOND PARTY towards those mentioned above shall be limited to the period during which this agreement remains operative.

21. ENVIRONMENT / POLLUTION ASPECT

21.1. The SECOND PARTY shall be solely responsible for obtaining all necessary approvals / clearances as required from the appropriate State / Central Environment / Pollution Authorities and to observe and follow at its own cost all relevant State / Central Environment / Pollution rules and regulations as applicable or made applicable during the period of this agreement.

21.2. Regardless of whether or not a given hazardous material (as such term may be defined in any applicable environmental law) is permitted under applicable environmental law, the SECOND PARTY shall only bring within the scheduled property such hazardous material as are needed in its normal course of business.

22. MAINTENANCE OF BOUNDARIES OF THE SCHEDULE PROPERTY

22.1. The SECOND PARTY shall maintain the boundaries of the schedule property and shall get them so cleared as and when necessary for upkeep and beautification of the schedule property. The SECOND PARTY shall also maintain all the boundary marks in good condition.

22.2. The SECOND PARTY shall on being required by the FIRST PARTY so to do erect and maintain in good order at its own expenses, all boundary lines and marks provided that in the event of its neglecting to carry out any necessary work within 30 days from the date of receipt of notice from the FIRST PARTY, the FIRST PARTY shall be entitled to carry out such work and recover from the SECOND PARTY all costs and expenses thereof.

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 9

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement 22.3. If at any time during the period of this Agreement, the FIRST PARTY is of the opinion that the state of the boundary marks or lines is such that a re-survey of the area is necessary, the FIRST PARTY may direct such re-survey of the area to be made at the cost of the SECOND PARTY.

22.4. In case it is found on resurvey that the SECOND PARTY has committed any irregularity by encroaching upon any extra land, or any breach of its obligations hereunder, the SECOND PARTY shall keep the FIRST PARTY indemnified against any legal / financial implications / claims due to encroachment / use inoccupation of any additional land beyond the land area allotted / handed over as mentioned in Schedule-A enclosed.

23. RIGHT TO INSPECTION AND SURVEY

23.1. The SECOND PARTY shall at all times allow the Officers of the FIRST PARTY and/or Government of Andhra Pradesh, authorised by the Commissioner/Director, Dept. of Archaeology & Museums, Govt. of A.P., free and undisturbed access to property including the appurtenant land for the purpose of inspection, survey and otherwise with or without notice.

24. ROUTINE AND NON-ROUTINE REPAIRS AND MAINTENANCE

24.1. The SECOND PARTY shall make or cause to be made at its own cost such routine maintenance, repairs and minor alterations from time to time as deemed necessary for maintaining the scheduled property in good condition.

25. SECOND PARTY NOT TO TRANSFER INTEREST IN THE PROPERTY

25.1. The SECOND PARTY shall have no authority to transfer, assign, or dispose of FIRST PARTY’s right or obligation or interest by way of mortgage, charge, sale, hypothecation, pledge, hire, encumbrance or otherwise in manner or part with the possession of the schedule property or any part thereof or allow or create any lien, charge, attachment or other claims thereof. Any deviation from the same shall be considered to be a serious breach of this agreement and will be an event of default.

25.2. The SECOND PARTY shall have the right to sub-license the project facilities or part thereof, provided however, that it shall be obligatory upon the SECOND PARTY to incorporate clauses in all such sub-license deeds with such respective Third Parties, that (i) the period of the sub- license shall be for a duration lesser than this Agreement and pursuant to its expiry, can be renewed, at the discretion of SECOND PARTY within the period of subsistence of this Agreement; and (ii) in case of Termination of this Agreement (by efflux of time or pre-mature), all the sub-license(s) shall be terminated and the facilities shall be transferred back to the FIRST PARTY.

26. FORCE MAJEURE

26.1. An event of “Force Majeure” shall mean the following events or circumstances, to the extent that they delay or otherwise adversely affect the performance beyond the reasonable control of SECOND PARTY, or its agents and contractors, or their duties and obligations under this Agreement, or the performance by FIRST PARTY of their respective duties and obligations under this Agreement:

a) Acts of God, tornadoes, hurricanes, floods, sinkholes, fires and other casualties, landslides, earthquakes, epidemics, quarantine, pestilence, and/or abnormal inclement weather; b) Acts of a public enemy, acts of war, terrorism, effects of nuclear radiation, blockages, insurrections, riots, civil disturbances, or national or international calamities; and c) Any temporary restraining order, preliminary injunction or permanent injunction, unless based in whole or in part on the actions or failure to act of SECOND PARTY.

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 10

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

27. EXTENSION OF TIME/EXCUSE OF PERFORMANCE

27.1. SECOND PARTY shall be entitled to an adjustment in the time for excuse of the non- performance of any duty or obligation of SECOND PARTY under this Agreement for Force Majeure events described in Clause 26, but only for the number of days due to and/or resulting as a consequence of such causes and only to the extent that such occurrences actually prevent or delay the performance of such duty or obligation or cause such performance to be commercially unreasonable.

28. EVENTS OF DEFAULT

28.1. Events of Default by SECOND PARTY shall mean the following:

28.1.1. Delay in payment of Minimum Guaranteed ‘Revenue Share’ in advance monthly instalments. 28.1.2. Delay in payment of Minimum Guaranteed ‘Revenue Share’ for more than Six Months. 28.1.3. Fails or does not issue such Security Deposit Demand Draft within 30days of its becoming due. 28.1.4. Fails to maintain in full force and affect those policies of insurance. 28.1.5. Fails to Operate the project facilities in 1 (One) Month for ‘Bapu Museum’ and 3 (Three) Months for ‘Handicrafts Bazaar & Food Court’ from the date of signing of Agreement. 28.1.6. Carries out any unauthorized construction. 28.1.7. Carries out a material breach of this agreement.

28.2. Events of Default by FIRST PARTY shall mean the following:

28.2.1. Delay in handing over the schedule property. 28.2.2. Schedule property is not free from charge and/or encumbrances

29. TERMINATION OF THE AGREEMENT BY THE SECOND PARTY

29.1. The SECOND PARTY shall have the option to terminate the Agreement at any time before its expiry by clear notice of 3 (Three) Months in writing to the FIRST PARTY intimating its intention to do so provided, however, that the SECOND PARTY shall not be released of its obligations under this agreement unless and until the SECOND PARTY restores use of the entirety of the property, makes payment of all sums payable by it to the FIRST PARTY under this agreement and has discharged all liabilities under any rule/law in existence. The SECOND PARTY shall have to carry on discharging its obligations and maintain operation of the Property till being released of its obligation by the FIRST PARTY.

29.2. On the happening of any one of the Events of Default by FIRST PARTY as enumerated in Clause 28.2.

30. TERMINATION OF AGREEMENT BY FIRST PARTY

30.1. The FIRST PARTY shall be at liberty to terminate this agreement on any one or more of the following grounds:

30.1.1. Subject to Force Majeure, the SECOND PARTY fails to start commercial operation of the scheduled property within a period of 1 (One) Month for ‘Bapu Museum’ and 3 (Three) Months for ‘Handicrafts Bazaar & Food Court’ from the date of signing of the Agreement. 30.1.2. The scheduled property is used by the SECOND PARTY for purposes other than the purposes mentioned in this Agreement.

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 11

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

30.1.3. Subject to Force Majeure, the SECOND PARTY fails to substantially perform or comply with any commitment, agreement, covenant, term or condition (other than those specifically described in any other subparagraph of this Clause) of this Agreement. 30.1.4. If the SECOND PARTY fails to remedy any such act of default as stipulated in this Agreement within 30 (thirty) days after receipt of written notice of default with respect thereto from FIRSTPARTY. 30.1.5. If any representation or warranty made by SECOND PARTY hereunder is intentionally false or misleading in any material respect when made and such false or misleading representation or warranty either has a material adverse effect on the Development or has resulted in an unfair competitive advantage materially benefiting the SECOND PARTY in the offer selection process considering SECOND PARTY’S response to the offer in total. 30.1.6. Subject to Force Majeure, on the happening of any one of the Events of Default by SECOND PARTY as enumerated in Clause 28.1.

31. TAKING OVER OF THE PROPERTY ON TERMINATION / EXPIRY OF THE CONTRACT

31.1. All immovable property together with those that have been upgraded by the SECOND PARTY shall be handed over to the FIRST PARTY, free of cost.

31.2. All movable property financed by the SECOND PARTY shall be removed within a period of 30 days from the date of termination/expiry of the contract with prior written approval of FIRST PARTY.

31.3. The movable property, as per schedule annexed to this agreement, shall be handed over to the FIRST PARTY by the SECOND PARTY at the time of expiry/termination of this agreement.

32. INDEMNIFICATION

32.1. The SECOND PARTY indemnifies and holds FIRST PARTY harmless from and against all liabilities, losses, claims, damages, costs and expenses that may be incurred by or asserted against any such party / FIRST PARTY or any liability accrued by the SECOND PARTY during the period of this Agreement.

32. PART OF THE CONTRACT

32.1. All documents relating to computing the Minimum Guaranteed ‘Revenue Share’ and taking over the property and the property schedule shall form part of this Agreement.

33. JURISDICTION

33.1. The parties hereto, by this agreement do hereby confer express jurisdiction on the courts of Vijayawada to entertain any proceeding arising out of this agreement.

34. DISPUTE RESOLUTION

34.1. In the event of any dispute arises between the parties, the representatives for both the sides shall use their best efforts to amicably resolve the dispute within 30 (thirty) days.

34.2. Any issue, which is not settled in 30 (thirty) days, will be referred to the Secretary, Tourism Department, Government of Andhra Pradesh or Chairman of Dept. of Archaeology & Museums, Govt. of A.P., for an amicable solution.

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 12

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement 34.3. Any dispute or disagreement, which cannot be resolved by the above or if any party is not satisfied with the amicable solution, shall be further, referred to the Courts at Vijayawada.

35. NOTICES

35.1. Any contractual notice, report, certificate or other communication to be given to the either party under this Agreement shall be served by sending the same by facsimile transmission (with a confirmation copy by mail or by hand delivery) to or by leaving the same at, the respective addresses set out in this Agreement or such other addresses as may be nominated for the purpose.

Notices to be issued by either party shall include the following:

35.1.1. Notice intimating SECOND PARTY that the Minimum Guaranteed ‘Revenue Share’ has fallen due and if the same is not paid on an immediate basis the FIRSTPARTY shall be forced to invoke the penalty clause. 35.1.2. Notice intimating SECOND PARTY that the Minimum Guaranteed ‘Revenue Share’ has fallen due for more than Six Months and if the same is not paid within the remaining days left then FIRST PARTY will terminate the Agreement. 35.1.3. Notice by FIRST PARTY to SECOND PARTY in case of any Event of Default committed by SECOND PARTY. 35.1.4. Notice by FIRST PARTY that the SECOND PARTY has not remedied such event of default for more than 30 (thirty) days and if the same is not remedied within a further period of 30 (thirty) days then FIRST PARTY will terminate the Agreement. 35.1.5. Notice by SECOND PARTY to FIRST PARTY in case of any Event of Default committed by FIRST PARTY. 35.1.6. Notice by SECOND PARTY that the FIRST PARTY has not remedied such event of default for more than 30 (thirty) days and if the same is not remedied within a further period of 30 (thirty) days then the SECONDPARTY will terminate the Agreement.

36. CONSEQUENCES OF TERMINATION OR EXPIRY OF AGREEMENT BY EFFLUX OF TIME

36.1. On the date when agreement terminates or expires, the possession of the project and project facilities along with all the immovable assets shall revert to the FIRST PARTY or its nominee, free and clear of any charges, liens and Encumbrances created or suffered by the SECOND PARTY.

36.2. The SECOND PARTY shall at its cost remove from the site all such moveable assets, which are not taken over by or transferred, to the FIRST PARTY or its nominated agency. In the event the SECOND PARTY fails to remove such objects within the stipulated time, the FIRST PARTY or its nominated agency may remove and transport or cause removal and transportation of such objects, after giving the SECOND PARTY notice of its intention to do so to a suitable location for safe storage. The SECOND PARTY shall be liable to bear the reasonable cost and the risk of such removal, transportation and storage.

36.3. The SECOND PARTY or its nominee(s) or sub-contractor or sub-licensee, and or persons claiming through or under them, as the case may be, shall cease to conduct all commercial activities within the project site from the transfer date.

36.4. The SECOND PARTY shall hand over to the FIRST PARTY or its nominated agency all documents including the operations manuals, designs, documents, and records relating to the Users, bookings made and such other information relating to the project.

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 13

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement 36.5. To the extent possible, the SECOND PARTY shall assign to the FIRST PARTY or its nominated agency at the time of handover/ transfer all unexpired guarantees and warranties by sub- contractors, suppliers, and all insurance policies in respect of the project assets.

36.6. On the date when agreement terminates or expires, the project assets shall be in fair condition, subject to normal wear and tear, having regard for the nature of the asset, the construction and life of the facilities, constructions, structures, etc.

36.7. The personnel of the SECOND PARTY shall continue to be the employees of the SECOND PARTY and reverting back of the project and project facilities shall not in any manner affect their status as employees of the SECOND PARTY and they shall have no claim to any type of employment or compensation from the FIRST PARTY.

36.8. Till the time the possession of the project facilities reverts back to the FIRST PARTY, all risks shall lie with the SECOND PARTY for loss of or damage to the whole or any part of the project facilities, unless the loss or damage is due to an act or omission of the FIRST PARTY in contravention of its obligations under this Agreement.

36.9. The handover of immovable property comprising the project and the project assets shall be deemed to be a termination of all right of way and license rights granted to the SECOND PARTY in relation to the project. The movable assets installed by the SECOND PARTY comprising the project assets shall be deemed to be transferred by delivery of possession.

36.10. Pursuant to the reverting back of the possession of the project facility to the FIRST PARTY, the obligations and the rights of the SECOND PARTY under this Agreement shall terminate vis-à- vis the FIRST PARTY and the SECOND PARTY shall no longer act in its capacity as SECOND PARTY in relation or pursuant to this Agreement.

IN WITNESS WHERE OF THE PARTIES HAVE CAUSED THEIR COMMON SEALS TO BEHEREUNTO AFFIXED ON THE DATE, MONTH AND YEAR FIRST HERE IN ABOVE WRITTENAS HERE IN AFTER APPEARING.

IN WITNESS WHEREOF, the Parties have executed and delivered this Agreement by their duly authorized representative on the date first above written:

SIGNED ON BEHALF OF FIRST PARTY SIGNED ON BEHALF OF SECOND Name of FIRST PARTY: Dept. of Archaeology & PARTY Name of SECOND PARTY: Museums, Govt. of A.P.

(Signature) (Signature) Designation Designation Full Postal Address Full Postal Address Phone: Phone: Fax: Fax: Email: Email: Mobile: Mobile:

In presence of Witnesses: (i) (ii)

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. 14

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement Dated: Place:

SCHEDULE-A MINIMUM GUARANTEED ‘REVENUE SHARE’

The SECOND PARTY quoted the Minimum Guaranteed ‘Revenue Share’ of Rs……………………….and agreed to make payment of Minimum Guaranteed ‘Revenue Share’ to the FIRST PARTY during the period of Agreement as under.

Minimum Guaranteed Minimum Payment Years O&M Period ‘Revenue Share’* Guaranteed Due Payable/Annum with 5% ‘Revenue Dates Escalation/Annum Share’* Payable/Month ………… to …………. Exempted Not 1. (Three Months) Applicable

………………………………….. …………… to …………… 2. (50% of the quoted (First Year) ‘Revenue Share’ for 9 Months in the first Year)

3.

4. Before 5. 10th of 6. every relevant 7. Month 8. 9. 10. 11. 12. 13. 14. 15. XXXXXX to XXXXXXX 16. (Nine Months)

*In addition to the above payments, Applicable GST is payable as per the norms of Govt. of India.

DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 15

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

SCHEDULE-B SCHEDULE OF ASSETS OF BAPU MUSEUM (To be included after the Joint Site Visit prior to the Signing of Agreement)

I. BAPU MUSEUM GROUND FLOOR

1) BUDDHA & JAINA GALLERY: 24 1. Limestone Sculptures - 11 2. Stone Sculptures - 3 3. Bronze Sculptures - 6 4. Paintings - 4

OTHER OBJECTS: 1. Led Wall Panel TV - 1 2. Kiosks - 1 3. AR Stands/Frames - 10 4. Fans - 5 5. Fire Fighters - 2 6. CC Cameras - 2 7. Content Stand – 1

2) HINDU SCULPTURES GALLERY: 76 1. Stone Sculptures - 49 2. Bronze Sculptures - 27

OTHER OBJECTS: 1. Kiosks - 1 2. AR Stands - 17 3. Fans - 7 4. Fire Fighters - 1 5. CC Cameras - 3 6. Content Stand - 2

3) PRE, PROTO & EARLY HISTORIC GALLERY: 1. Showcase No.1: Stone Tools - 24 2. Showcase No.2: Stone Tools - 27 3. Showcase No.3: Stone Tools-17 + Copper Swords-5 + Copper Axe-1 = 23 4. Showcase No.4-Limestone Plaques - 14 5. Showcase No.5: Terracotta figurines, Stucco figurines & Beads Chains - 39 6. Showcase No.6: Pottery - 13 7. Flat Showcase No.1: Iron Objects - 10 8. Flat Showcase No.2: Bricks-2 + Pottery-34 = 36 9. Flat Showcase No.3: Sarcophagus-1 + Pottery = 6 10. Old Showcase No.1: Bronze Image - 1 11. Old Showcase No.2: Bronze Images - 6 12. Old Showcase No.3: Bronze Images - 10

OTHER OBJECTS: 1. AR Stands - 10

DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 16

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement 2. Fans - 2 3. Fire Fighters - 1 4. CC Cameras - 3 5. Content Stand - 1

II. BAPU MUSEUM FIRST FLOOR

1) Weapons Gallery: 1. Showcase No.1: Various types Swords – 25 2. Showcase No.2: Guns-04 + Pistol-1 + Revolver-1 + Hand Cannons-2 = 8 3. Showcase No.3: Various types Swords, Helmet, Body Armour & Shield – 14 4. Showcase No.4: Arrows-28, Bows-02, Shield-01 & Swords-05 = 36 5. Flat Showcase No.5: Cannon Balls – 20 6. Flat Showcase No.6: Daggers – 20 7. Flat Showcase No.7: Swords - 16

OTHER OBJECTS: 1. Kiosks – 1 2. AR Frames – 5 3. Fans – 9 4. Fire Fighters – 2 5. CC Cameras – 2 6. Content Stands - 3

2) Mid-Century Gallery: 1. Flat Showcase-1: Bidri Ware - 23 2. Flat Showcase-2: Porcelain ware-12 & Enamel Ware-08 = 20 3. Flat Showcase-3: Celadon Ware - 18 4. Flat Showcase-4: Paintings-24 & Side Room Paintings-14 = 38

OTHER OBJECTS: 1. LED TV – 1 2. AR Frames – 5 3. Fans – 8 4. Fire Fighters – 2 5. CC Cameras – 1 6. Content Stands - 5

3) Textile Gallery: 1. Show Case No.1 - 4 2. Show Case No.2 - 1 3. Show Case No.3 - 5 4. Paintings – 7

OTHER OBJECTS: 1. AR Stands – 1 2. Fans – 2 3. Fire Fighters – 2 4. CC Cameras – 1 5. Content Stands - 1

4) Epigraphy Gallery: 1. Stone Inscriptions-10 + Limestone Sculptures-4 + Saddle Querns-4 = 18 2. Painting – 1

DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 17

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement OTHER OBJECTS: 1. LED TV - 1 2. Content Stand - 1

5) Coins Gallery:

1. Show Case No.1: Silver Punch marked Coins - 9 2. Show Case No.2: Potin Coins - 11 3. Showcase No.3: Potin Coins-05 + Silver Coins-04 = 9 4. Showcase No.4: Potin Coins - 14 5. Showcase No.5: Copper Coins - 8 6. Showcase No.6: Gold-01 + Silver-02 + Copper-08 = 10 7. Showcase No.7: Silver-02 + Copper-08 = 10 8. Showcase No.8: Gold-4 + Copper-5 = 9 9. Showcase No.9: Copper-6 + Silver-10 =16 10. Showcase No.10: Copper-4 + Silver-8 = 12 11. Showcase No.11: Nickle-7 + Silver-2 + Bronze-1 = 10

OTHER OBJECTS: 1. AR Stands – 2 2. Fans – 2 3. Fire Fighters – 1 4. CC Cameras – 1 5. Content Stand - 1

Beside of the Steps: 1. CC Camera – 1 2. FireFighters - 1

OLD BUILDING (VICTORIA HALL) 1. Queen Victoria Portrait with Pedestal 2. Seating Buddha 3. Meka Basavadandanada Stone Sculpture

Generator - 1 Water Cooler with Aquafresh - 3 (Old Building, New building & Library Hall) Thunder Bolts - 2 (New Building).

DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 18 Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

SCHEDULE-C SPECIAL TERMS & CONDITIONS FOR THE ‘O&M’ OF BAPU MUSEUM

1. In the premises of the ‘Museum’, no protected monument shall be used for the purpose of holding any meeting, reception, party, conference or entertainment except under and in accordance with a permission in writing granted by the Authority.

2. In the premises of the ‘Museum’, no person shall, within a protected monument, do any act which causes or is likely to cause damage or injury to any part of the monument.

3. In the premises of the ‘Museum’, no person shall, cook or consume food except, if any, permitted to be used for that purpose by the Authority.

4. In the premises of the ‘Museum’, no person shall, hawk or sell any goods or wares, canvass any custom for such goods or display any advertisement in any form or show a visitor round for monetary consideration, except under the authority of or under and in accordance with the conditions of license granted by the Authority.

5. In the premises of the ‘Museum’, no person shall, violate any practice, usage or custom applicable to or observed in the monument.

6. In the premises of the ‘Museum’, no person shall, bring any tools or arms or animals, for any purpose other than the maintenance of the monument, or any vehicles except in areas reserved for the parking thereof.

7. During the tenure of ‘O&M Period’, the selected ‘O&M Agency’ shall adhere to the ‘Rules & Regulations’ pertaining to applicable ‘Archeology & Museums Acts’ of Govt. of A.P., and Govt. of India, such as “Andhra Pradesh Ancient and Historical Monuments and Archaeological Sites and Remains Rules 1960” and “The Antiquities and Art Treasures Act, 1972” etc.

8. During the tenure of ‘O&M Period’, all Antiquities, Artefacts and Protected Monuments shall be under the ‘Lock & Key’ of the ‘Authorised Officials’ of the Dept. of Archeology & Museums, Govt. of A.P., and any periodical cleaning and maintenance of all such items, shall be carried out by the concerned ‘Authorised Officials’ of the Dept. of Archeology & Museums, Govt. of A.P.

9. During the tenure of ‘O&M Period’, required repairs & maintenance works in the premises of the ‘Museum’, if any, shall be carried out by the selected ‘O&M Agency’ under the supervision of the concerned Authorised Officials of the Dept. of Archeology & Museums, Govt. of A.P.

10. During the tenure of ‘O&M Period’, required restoration, repairs & maintenance of the Antiquities, Artefacts and Protected Monuments, if any, shall be carried out by the ‘Qualified & Authorised Persons’ of the Dept. of Archeology & Museums, Govt. of A.P., only.

11. The concerned ‘Officers’, authorised by the Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P., shall have the right to inspect the ‘Museum Premises’ at any time with or without prior intimation to the ‘O&M Agency’. The concerned ‘Officers’ authorised by the Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P., may undertake inspection of the ‘CC TV Footage’ on Fortnightly/Monthly basis or as and when required.

12. The selected ‘O&M Agency’ shall maintain proper records of the number of visitors, revenues generated from various shows and other project components and shall submit a comprehensive “Monthly Report” to the Dept. of Archeology & Museums, Govt. of A.P. The selected ‘O&M Agency’ shall submit Fortnightly/Monthly Reports; Quarterly/Half Yearly Reports and Annual Reports; on a regular basis. The selected ‘O&M Agency’ shall submit the ‘Audited Annual Reports’ certified by the qualified Chartered Accountants, for the ‘O&M’ of ‘Bapu Museum’ exclusively. DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 19 Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

13. The selected ‘O&M Agency’ shall confine all his activities only within the specified area handed over to him and for the O&M of the Museum.

14. The selected ‘O&M Agency’ shall bear all the required mandatory rates, taxes, charges, claims by any Govt. Depts. or Local Authorities, if any.

15. The selected ‘O&M Agency’ shall bear all overheads pertaining to the O&M of the Museum, such as the cost of Electricity, Wi-Fi Internet within the Museum, Track Lighting in the Museum and other Illuminations used in the Museum Premises, Water, Generator, Toilets, Chairs, Dustbins, and any other charges. The proof of payment of Electricity and other charges shall be submitted to the Dept. of Archeology & Museums, Govt. of A.P., every month regularly before 10th Day of each Month.

16. The selected ‘O&M Agency’ shall have to arrange a silent / noiseless Generator Set, as stand by for Electricity at their own cost.

17. The selected ‘O&M Agency’ shall explore the possibility of “Solar Energy” as alternative ‘Renewable Energy Source” for reducing the cost of ‘Electricity’ considerably, which will reduce their operating overheads phenomenally for the ‘O&M Agency’. The selected ‘O&M Agency’ can tap the applicable ‘Subsidies’ for the “Solar Energy” by the concerned Govt. Agencies and undertake the required Liaison with them with the support of Dept. of Archeology & Museums, Govt. of A.P.

18. The selected ‘O&M Agency’ shall be responsible for operating, maintaining and updating of the Software & APPs etc., for the AR, VR, Projection Mapping, Immersive Projection Mapping etc., with the respective AMCs with the concerned Vendors.

19. The selected ‘O&M Agency’ shall take adequate coverage of insurance in the name of the Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P., as ‘Claiming Authority’ for the entire Property including the Artifacts, Antiquities and all the other Properties of ‘Bapu Museum’ as part of the ‘Annual Overheads’ against any risk to the property/ properties due to any theft in the Museum or breakage or damage due to the fault or negligence of the ‘O&M Agency’ during the subsistence of the Agreement. The Operator shall take adequate coverage of insurance for the property and properties against any possible damage, destruction by fire, flood, earthquake, mob violence or any such other causes.

20. The selected ‘O&M Agency’ shall deploy adequate number of qualified and experienced persons like supervisors, gallery staff, etc., to ensure efficient and high standards of service. All staff members should be provided with ‘ Uniforms’ as approved by the Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P.,. Each personnel employed or engaged by the selected ‘O&M Agency’ shall wear a photo identity card provided by the them and as approved by selected ‘O&M Agency’.

21. During the tenure of ‘O&M Period’, the Dept. of Archeology & Museums, Govt. of A.P., may depute some ‘Qualified Archaeological Staff’ for certain ‘Specialised Jobs/Tasks’, as per the requirement from time to time.

22. During the tenure of ‘O&M Period’, the selected ‘O&M Agency’ shall follow the stipulated ‘Museum Timings’, as per the directions of the Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P., from time to time during ‘O&M Period’. The proposed Museum Timings shall be ‘8 Hours Day’ (10.00 AM to 6.00 PM). The Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P., may consider the extending the ‘Museum Timings’, if the selected ‘O&M Agency’ requests for the extension of the daily timings, to increase the ‘Footfalls’ for the Museum, subject to their willingness to increase the ‘Staffing’ for additional working hours on ‘Shift Basis’ as per the mandatory requirements of the concerned Labour Dept., Govt. of A.P.

DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 20 Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

23. The selected ‘O&M Agency’ may request for additional timings up to 10.00 PM for the ‘Tourism Development Components’ such as Handicrafts Bazaar & Food Court and the Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P., is authorised to accord such permission, which won’t be applicable for ‘Museum Timings’.

24. The selected ‘O&M Agency’ may request for the additional timings for ‘Tourism Development Project Components’ such as ‘Night Bazaar’ up to 12.00 in the Midnight, and the Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P., is authorised to accord such permission, subject to the approval from the ‘Local Authorities’ such as VMC, Police and Labour Depts., as per the norms of the concerned Authorities.

25. During the tenure of ‘O&M Period’, the selected ‘O&M Agency’ shall obtain all the required mandatory approvals, clearances, registrations, NoCs etc., for the ‘Operations & Management’ of Cafeteria, Handicrafts Bazaar, Food Court etc., from the concerned Authorities on their own and the Dept. of Archeology & Museums, Govt. of A.P., extends required support for them.

26. The selected ‘O&M Agency’ shall maintain sufficient fire safety measures all the time as per applicable Rules and Regulations.

27. During the tenure of ‘O&M Period’, the selected ‘O&M Agency’ shall follow all the mandatory requirements for the Staff employed such as working hours, leaves, overtime, ESI, PF etc. as per the applicable Norms of the Labour Dept., Shops & Establishments Act etc., and they are directly responsible and accountable for any deviations in this regard.

28. During the tenure of ‘O&M Period’, the selected ‘O&M Agency’ must employ adult labour only. Employment of child labour will lead to the termination of the agreement. The operator shall engage only such workers, whose antecedents and character have been thoroughly verified and after police verification and other formalities. Police verification certificate shall be produced for each and every worker engaged by the operator.

29. During the tenure of ‘O&M Period’, the selected ‘O&M Agency’ shall follow the ‘Museum Holidays’ as per the Museology Norms such as ‘Friday Holiday’ and ’6 Days Week’ (Saturday to Thursday) and shall follow the applicable ‘Public Holidays’, as per the directions of the Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P.

30. The selected ‘O&M Agency’ may request for the additional working days on ‘Public Holidays’ for the Museum, to increase the footfalls for the Museum and willing to increase the Staffing as per the mandatory requirement. The Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P., is authorised to accord such permission.

31. The selected ‘O&M Agency’ may request for additional working days on ‘Public Holidays’ for the ‘Tourism Development Project Components’ such as Cafeteria, Handicrafts Bazaar, Food Court etc., as per the Norms of the Labour Dept., Shops & Establishments Act etc., subject to their willingness to increase the Staffing as per the mandatory requirements. The Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P., is authorised to accord such permission.

32. The selected ‘O&M Agency’ shall adhere to the Food Safety & Standards Act (FSSA) 2006, Food Safety and Standards Rules 2010 and any other Food Safety & Standards as applicable, for the ‘O&M’ of the Cafeteria, Food Court, Kitchens & Stores and any other Food Handling Areas. The selected ‘O&M Agency’ shall be solely liable for any damages/criminal liability, all third-party claims consequent to violation of any of the provisions of FSSA Act & Rules or any issue arising out of food contamination, poisoning and related issues.

DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 21 Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement 33. The selected ‘O&M Agency’ shall have to maintain high standards of cleanliness, courtesy and manners by his staff and shall set high standards of quality, and the directions of the Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P., shall be liable to be complied with in this regard.

34. The selected ‘O&M Agency’ shall keep all the Antiquities, Artefacts, Statues and Protected Monuments, in the Museum, free from dust, pest and any other damage. The operator shall clean and maintain all these Antiquities, Artefacts, Statues and Protected Monuments, without damaging them. The cleaning and maintenance of all such items, shall be carried out periodically under the direct supervision of the concerned Authorised Officials of the Dept. of Archeology & Museums, Govt. of A.P.

35. The selected ‘O&M Agency’ shall maintain & back-up the CC TV Footage for a minimum period of 1 Year for any periodical quarterly inspections or as and when required by the Authorised Officials of the Dept. of Archeology & Museums, Govt. of A.P. The selected ‘O&M Agency’ shall also keep the CC TV Footage data on any other back-up source for a minimum period of ‘5 Years’.

36. The selected ‘O&M Agency’ shall follow the required (i) Daily Handing Over Protocols and (ii) Weekend Handing Over Protocols for the “Museum Building” regularly without fail, to the concerned DD or AD, Archaeology, or any other Designated Officer by the Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P. The “O&M Agency’ shall not open any of the Cabinets for which the Dept. of Archeology & Museums, Govt. of A.P., shall be the sole custodian of the Locks & Keys of all these Cabinets in the Museum. The concerned DD or AD Dept. of Archeology & Museums, Govt. of A.P., shall be responsible for the Cleaning, Supervision and Maintenance of all these Cabinets in the Museum.

37. All the Properties of the Bapu Museum including the Land & Buildings, Protected Monuments, Statues, Artifacts, Antiquities, Cabinets, Displays, Equipment, Installations, Generators and any other Infrastructure lying in the Premises shall belongs to the absolute owner, the Dept. of Archeology & Museums, Govt. of A.P., only. The ‘O&M Agency’ shall not have any kind of right, what so ever, on these Properties under the ‘O&M Contract’.

38. If the Dept. of Archeology & Museums, Govt. of A.P., wishes to take up any developments, they can undertake any kind of developmental activities in the Premises of the Bapu Museum.

39. The selected ‘O&M Agency’ shall undertake the beautification and erect the required temporary structures at his own cost. The operator shall be responsible for the landscaping and maintaining green areas around the Museum within museum Premises. On completion of the ‘O&M Period’ all the developments shall come back to the Dept. of Archeology & Museums, Govt. of A.P., and no cost or compensation shall be payable in this regard.

40. The selected ‘O&M Agency’ shall undertake clearing of any choking in the drainages, manholes, etc., removal of beehives and cobwebs / honey webs from the property and its premises, cleaning and sweeping of roof tops with brooms / mechanized sweeping, cleaning of signage. All dust bins shall be properly cleaned from in and outside and should be emptied at the end of the shifts on regular basis. The operator shall ensure waste management as per Solid Waste Management Rules, 2016 or any other applicable laws/rules from time to time.

41. The selected ‘O&M Agency’ shall undertake cleaning and maintain the Museum Galleries, Public Areas, Staff Toilets, Terrace, Back Yard, Premises, etc., used by the Visitors/Employees, as part of the ‘Museum Property’ handed over to them and shall be kept clean & hygienic.

42. The selected ‘O&M Agency’ shall maintain the whole premises of the Museum as “No Smoking & Tobacco Free Zone and No Liquor Zone”. DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 22 Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

43. The selected ‘O&M Agency’ shall put up the required signage and names as per the directions of the Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P., and all signage designs shall be approved by the Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P.

44. The selected ‘O&M Agency’ shall not encumber the property by way of pledge, hypothecation, mortgage, charge, lien, lease, leave and license or in any other manner. The operator shall not raise any kind of finance or funding in the name of property under any circumstances whatsoever. The operator shall be allowed to use the property on ‘O&M Contract’ basis only.

45. The Dept. of Archeology & Museums, Govt. of A.P., reserves the right to terminate the ‘O&M Contract’, as per the Terms of the Agreement, duly following the procedure laid down in this Agreement for such termination, if the ‘O&M Agency’ fails to fulfil any of the obligations under the Agreement or default on any of the conditions of this Agreement or play any mischief or misbehave in the premises of the ‘Bapu Museum’.

46. In case of any difficulty in carrying out the terms of this agreement or in case of any difficulty in interpretation of any provision of this agreement the decision of the Commissioner/Director, Dept. of Archeology & Museums, Govt. of A.P., shall be final and binding.

DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 23 Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

SCHEDULE-D DETAILS OF BAPU MUSEUM

About the Bapu Museum

Department of Archaeology and Museum restored, renovated and developed ‘Bapu Museum’ as an ‘International Standard Museum’ by implementing with advance technology display galleries.

The ‘Bapu Museum’ spreads in a total built-up area of 20,000 Sft in a new building and the total area of the entire Museum premises 3.80 Acres.

‘Bapu Museum’ has unique collection of Antiquities from Paleolithic Stone Age to Modern Age.

‘Bapu Museum’ has 10 Galleries i.e. Pre Historic Gallery, Early Historic Gallery, Buddha Gallery, Brahmanical Gallery, Arms & Weapons Gallery Coins, Epigraphy, Textile, Painting, Bidri Ware, Chines And Celadon Ware Galleries.

Each Gallery has its own Unique Display System i.e., Labelling, Lighting System, Graphic Design for better understanding even to illiterate visitors also.

The Display Pedestals and Cabins are made with a quality Korean Stone. Each Gallery and Pedestal Display as thematic way.

First time in South India, Department of Archaeology & Museums, Govt. of A.P., is implementing Projection Mapping in the ‘Bapu Museum’, highlighting the “Glories of Andhra” through Projecting Mapping from Prehistory to Freedom Fighting in Andhra.

The Dept. of Archaeology & Museums, Govt. of A.P., adopted advanced display technological applications to the ‘Bapu Museum’ with Augmented Reality (AR), Virtual Reality (VR), Immersive Projection Mapping Experience Theatre, Themed Oriented Interactive Displays, 20 Feet Digital Interactive Touch Wall, Interactive Kiosks, Digital Book.

‘Bapu Museum’ is the first Museum in India implementing Immersive Projection Mapping Experience Theatre, Audio & Video (AV) Technology and Virtual Reality (VR).

Displays in Bapu Museum

The Dept. of Archaeology & Museums, Govt. of A.P., wanted to develop the ‘Bapu Museum’ with International Standards by implementing advance technology in displaying of the objects and other mode of displaying techniques. The Dept. of Archaeology & Museums, Govt. of A.P., is promoting Museum, Culture and Heritage Education to the Visitors, National and International Tourists by using various types of Audio & Visual Aids, Augmented Reality (AR), Virtual Reality (VR). 3D LED Wall Object Displaying Technology and Advanced Kiosk.

Display Cabinets

Notably, the Museum has 9 important Galleries viz., Brahmanical Gallery, Jaina and Buddha Gallery, Pre & Early Historic Gallery, Epigraphy Gallery, Textiles Gallery, Painting Gallery, Mid-Century Art Perspectives Gallery, Numismatics Gallery and Arms and Weapons Gallery. Each Cabinet is displayed with Antiquities in the fore-front and high-quality graphic images, which are historically and archaeologically date and theme wise in the background, making it all a pleasure to see.

DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 24 Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

The Dept. of Archaeology & Museums, Govt. of A.P., has taken every care in placing the objects inside the cabinet. Even the trifling aspects like the display cabinets, which have been designed and executed to precision. The cabinets have been furnished with Korean Sheets. Korean sheets have a greater life, longevity and also give a decent look. These sheets look and have a finish similar to Granite-stone laid cabinets. Unlike, decolam the joints and gaps in between the frames of the sheet are negligible.

The pedestals in the cabinets are placed raised above the ground and certain are placed at ground level. In all this, the Museum paid utmost attention to make the articles are eye- catching and discernible. Taking all this into consideration the articles are placed into the cabinets.

The images on the wall in the display cabinets are wisely chosen, to enhance the authenticity and aestheticism. Graphic panels are installed in the cabinets, exemplifying the importance of the articles placed in the display cabinets.

These cabinets are also placed theme-wise, making it all educative. Temple structures, Vaishnavism, Shaivism, etc., are assimilated and presented in a way to make the visitors understand and learn about the ancient past in a much more interactive way. Just exactly in a way the department wants to educate the visitors about the great heritage interestingly and simply.

The Dept. of Archaeology & Museums, Govt. of A.P., designed, assimilated, organised and presented the objects and allied artefacts, with an overwhelming aspiration to preserve the heritage and be the flag bearers in promoting it to the future generations.

‘Bapu Museum’ raising the bar in Technology

Department of Archaeology and Museums implementing advance display technology in ‘Bapu Museum’ to promote heritage and culture education through antiquities in Andhra Pradesh. A walk-through about different displays and projection technologies employed in ‘Bapu Museum’ is presented first time in India.

Interactive Cabinet Display

Interactive Cabinet Displays are installed inside the Museum and they can be found one at every Gallery. These interactive cabinet displays have been developed using touch-based application. Visitors can know more information about the artefacts, articles displayed at a single touch on the screen. Visitors can interact, understand and go through the details of history with Interactive displays. Present at the end of the gallery, these displays help people to check on information, if in-case they missed it.

Interactive Cabinet Displays are Four (4) Categories

(i) Buddhism and Jainism (ii) Temples in Andhra Pradesh (iii) Forts and Monuments (iv) Excavations and Epigraphy

Each cabinet shows unique and importance of the Jaina and Buddha sculptures, artefacts, important Temples and their significance, history and details about the articles belonging to a particular gallery. State-of-the-art Technology is used for the first time in in India in Bapu Museum.

These displays are of immense use for elderly people and the young lads alike. History can be inculcated to the young generation with ease creating interest in them. A good way to preserve and promote our heritage.

DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 25 Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

20 Feet Display Wall

There is innovation in every corner of Bapu Museum. To corroborate the statement, there is 20 feet interactive digital board installed in the Museum. The 20 feet digital board displays all antiquities in the Museum. We can find information about anything and everything related to the antiquities. Subtle details can be studied here. This digital board is a display of great visual finesse.

Almost all the information about different articles in the Museum can be found on the 20 feet digital board. From the categories of articles, visitors can pick certain article to be it an artefact, antiquity, textile or anything and know the information in detail about it. It is a one-stop place to know about the Museum in total.

Augmented Reality (AR) based Sculptures

Images powered with advanced Augmented Reality (AR) technology are interactive with the visitors in Bapu Museum. Scanning the images powered with augmented reality technology, using a smartphone will make the images speak. Images start speaking, narrating their stories in a much interesting way. Irrespective of their age, both young and old will certainly appreciate this feature in the Museum. ‘Bapu Museum’ is the first Museum implementing AR in India.

When the idols are scanned, a narrative in the form of a beautiful cartoon character pops out and speaks about the idol. Children and young people will certainly enjoy this feature. Entertainment and Education are served on a single platter in this way.

Immersive Projection Mapping Room /Audio & Video (AV) Room

This takes Virtual Reality (VR) to a whole new level. This room is a 360-degree projection immersive theatre. It creates a small world around the viewer’s eliminating the need for a VR headset. Viewers can sit in the center of the room and experience the visual treat in 360 degrees. Here, it takes back from Pre- historic to modern era. It is not just seeing them but feel them as they move around you in a whole new transformed arena of Virtual Reality. We can see the evolution of human being and activities like work, fight, hunt and many more sitting close next to them. ‘Bapu Museum’ is the first Museum implementing immersive projection mapping technology in India.

Digital Book

People fond of books will be attracted to this. One can gets interact and feeling that they are reading a book. The top 10 Buddhist world heritage sites are displayed in this digital book using a projector. The projection is so impressive that the visitor gets a feeling of reading a real book and to add to this when the pages turn the experience gets even more realistic. School children, young people and aged persons will find this a real pleasure to watch this book. ‘Bapu Museum’ is the first Museum installing digital book in India.

Virtual Reality (VR)

An unparalleled technology, that creates a frontier between the real world and the way see it is Virtual Reality. VR allows its users to experience the real environment in more immersive ways. ‘Bapu Museum’ caters to its visitors an immersive display of ‘Araku Valley’ in A.P., using Virtual Reality. Visitors can immerse into the beauty of ‘Araku Valley’ in A.P., and its surrounding locations. Along with these visitors also can choose from historical narratives. Amazing ‘Under Sea’ experience powered with Virtual Reality will certainly enthrall the visitors. The visitors to the ‘Bapu Museum’ are catered with Virtual Reality as an add-on great experience.

DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 26 Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

Kiosk

A kiosk with ‘Question and Answers’ awaits the visitors at the end of their journey in the Museum. The kiosk has questions and answers that test the keen observation of the visitors. This is to encourage and appreciate the visitors for their patronage towards learning the history and in a way helping to keep the heritage last long. A ‘Certificate of Appreciation’ is provided for participating in the Quiz, which they would treasure it and be proud of. The kiosk also serves as a means to gather feedback from the visitors to know how they felt visiting the Museum, and also to record recommendations and suggestions which they would like to share with the Museum authorities.

Proposed Ticket Rates at Bapu Museum

Proposed Ticket Rates for Bapu Museum New Museum Building Sl. Proposed Ticket Rates Rate in Rupees No. 1 Child 30.00

2 Adults 50.00 3 Foreigners 300.00 4 Foreigners – Child 200.00 5 Photography 200.00 6 High end Professional Video Camera 1000.00 7 Photography – Foreigners 500.00 8 High-end Professional Video Camera 1500.00 - Foreigners 9 Parking: 2-Wheeler & 4-Wheeler 20.00 & 40.00 respectively

Proposed Tickets Rates for Victoria Jubilee Building Outside Projection Mapping / Laser Show 1 Child 30.00

2 Adult 50.00 3 Foreigners- Child 300.00

4 Foreigners- Adult 500.00

Proposed Ticket Rates for Victoria Jubilee Building Inside Sound & Light Show 1 Adult & Child 10.00

2 Foreigners – Adult & Child 100.00

DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 27 Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

Proposed Tickets Rates at ‘Bapu Museum’ – Inside Immersive Projection Mapping Room / Audio & Video (AV) Room and Virtual Reality (VR)

14 Child 20.00

15 Adult 30.00 16 Foreigners- Child 200.00

17 Foreigners- Adult 300.00

Museum Ground Floor Plan

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. DEPARTMENT OF ARCHAEOLOGY & MUSEUMS 28 Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

Museum First Floor Plan

DEPT. OF ARCHAEOLOGY & MUSEUMS, GOVT. OF A.P. DEPARTMENT OF ARCHAEOLOGY & MUSEUMS 29

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

SCHEDULE-E TOTAL PROJECT COST FOR THE DEVELOPMENT OF BAPU MUSEUM

S.No. Item Cost Rs. (INR) 1 Construction of New Building 4,80,00,000.00

2 Upgradation of Bapu Museum 8,00,00,000.00

3 Renovation of Victoria Memorial Hall 50,00,000.00

4 Upgradation of Sri Pingali Venkaiah Gallery 55,00,000.00

5 Projection Mapping/Laser Show on Victoria Memorial 2,00,00,000.00 Hall 6 Sound and Light show inside Victoria Memorial Hall 50,00,000.00

7 Addl. Miscellaneous Works 50,00,000.00

8 Total Rs.16,80,00,000.00

DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 30

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement

SCHEDULE-F MONTHLY & YEARLY OVERHEASDS OF BAPU MUSEUM

Operations & Management Overheads for the Bapu Museum

Expenditure Details: Sl.No. Issues of the Maintenance Cost per Month in Cost per Year in Rupees Rupees 1 Staff Remunerations (29 Members) 3,59,500.00 40,31,400.00 2 Maintenance of Internet Connections 10,000.00 1,20,000.00 3 Maintenance of Garden and Sanitation inside 15,000.00 1,80,000.00 the Museum and it Premises 4 Payment of Electricity Bill and Internet 3,00,000.00 36,00,000.00 Connection of the Museum 5 Maintenance of Digital Displays Software and 50,000.00 6,00,000.00 Hardware in the Museum 6 Aqua Fresh & Water Coolers Maintenance 5000.00 60,000.00 Total 7,39,500.00 88,74,000.00

Staff Particulars of Bapu Museum:

S. Description of Post Qualification of the No. of Posts Required Salary per No. Posts Month Rs. (INR) 1 Projectionist / Digital B.Tech – Electrical 1 17,500/- Interactive Display Engineering operator (Operating 3D Projection Mapping person) 2 Electrician ITI/Polytechnic 1 15,000/- Electrical 3 Overall Museum In PG 1 15000/- charge (Archaeology/History) 4 Ticket Booking Clerk Intermediate 1 12,000/-

5 Gallery Attender Intermediate 7 12,000/- (Victoria Building-1; 7X12,000 Ground Floor-2; =84,000/- First Floor-2; AV Room-1; Sound & Light Show-1 6 Sweepers (Inside 8th class 4 12,000/- Museum) Old Building-1 4X12,000 = New Building-3 =48,000/- (Ground Floor-1 First Floor-1, Varanda-1) 7 Security Guards 10th class 8 12,000/- Morning Shift-4 08X12,000 (East Gate-1 = 96,000/- Main Entrance

DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 31

Selection of Agency for ‘Operations & Management’ of ‘Bapu Museum’ at Vijayawada Volume II – Draft O&M Agreement S. Description of Post Qualification of the No. of Posts Required Salary per No. Posts Month Rs. (INR) Gate-2) Parking-1 Night Shift-4 (East Gate-1 Main Entrance Gate-1 Old Building-1 New Building-1) 8 Gardeners 8th class 4 12,000/- (Sculptures gallery Lawn-01 4X12,000 = New building Entrance Lawn- =48,000/- 01 A.D. Office Entrance Garden- 01 Back side-01) 9 Scavenger --- 2 12,000/- 2X12,000 = =24,000/- Total 29 3,59,500/-

*****

DEPARTMENTDEPT. OF ARCHAEOLOGY OF ARCHAEOLOGY & MUSEUMS, & MUSEUMS GOVT. OF A.P. 32