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Setting up “Composite Logistics Hub” at Pawarkheda, District Hoshangabad in State of Madhya Pradesh on PPP Model

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Setting up “Composite Logistics Hub” at Pawarkheda, District Hoshangabad in State of Madhya Pradesh on PPP Model Setting up “Composite Logistics Hub” at Pawarkheda, District Hoshangabad in state of Madhya Pradesh on PPP Model Request for Proposal (RFQ cum RFP) Volume I: Instruction to Bidders Issued By: Mandi Board Government of Madhya Pradesh December 2009 Project Consultants In collaboration with Volume I: Instruction to Bidders Setting up of “Composite Logistics Hub” on PPP at Pawarkheda in state of Madhya Pradesh Contents Page Contents 1 Disclaimer 3 Schedule of Bidding Process 5 Data Sheet 6 Definitions, Interpretations and Abbreviations 9 1. INTRODUCTION 14 1.1. Background 14 1.2. Developer Responsibilities 14 1.3. Development Obligations 15 1.4. Bidding Process 17 2. INSTRUCTIONS TO BIDDERS 19 2.1. General Terms of Bidding 19 2.2. Eligibility of Bidders 20 2.3. Bids submitted by Consortiums 21 2.4. Change in Ownership 22 2.5. Cost of Bid 22 2.6. Site Visit and Due Diligence 22 2.7. Bidder’s Responsibilities 23 2.8. Right to Accept any Bid and to Reject any or all Bids 23 2.9. Questions and Clarifications 24 2.10. Pre-Bid Conference & Clarifications 25 2.11. Amendment of RFP 25 Preparation and Submission of Bids 25 2.12. Language 25 2.13. Format and Signing of Bid 25 2.14. Sealing and Marking of Bids 26 2.15. Bid Due Date 27 2.16. Late Bids 28 2.17. Modifications/Substitutions/Withdrawal of Proposals 28 2.18. Validity of Bids 28 1 Volume I: Instruction to Bidders Setting up of “Composite Logistics Hub” on PPP at Pawarkheda in state of Madhya Pradesh 2.19. Correspondence with the Bidder 28 2.20. Bid Security 29 2.21. Bid Variable & Reserve Price 30 2.22. Performance Security 30 2.23. Disqualifications 30 3. EVALUATION OF BIDS & OBLIGATIONS OF SELECTED BIDDER 32 3.1. Pre-Qualification 32 3.2. Financial Bid 34 3.3. Opening of Bids 35 3.4. Tests of Responsiveness 35 3.5. Selection of Selected Bidder 36 3.6. Obligations of Selected Bidder 37 3.7. Pre-conditions to signing the Concession Agreement 37 3.8. Pre-conditions to Effective Date 37 3.9. Contact during Bid Evaluation 37 4. FRAUD AND CORRUPT PRACTICES 39 5. MISCELLANEOUS 41 APPENDICES 42 I. Format for Letter of Bid 43 II. Power of Attorney for Lead Member of Consortium 46 III. Format for Power of Attorney for Signing Bid 48 IV. Letter of Intent to form Consortium 49 V. Format for Bidder Details 51 VI. Format for Technical Capacity 52 VII. Format for Financial Capacity 53 VIII. Board Resolution for Bidding Entities 54 IX. Format for Financial Bid 55 X. Bank Guarantee format for Performance Security 58 XI. Format for Anti – Collusion Certificate 60 XII. Format for Project Undertaking 61 A – Single Bidder 61 B – Consortium 62 XIII. Format of Memorandum of Understanding 63 XIV. Proposed Site Layout & Land Details 65 2 Volume I: Instruction to Bidders Setting up of “Composite Logistics Hub” on PPP at Pawarkheda in state of Madhya Pradesh Disclaimer The information contained in this Request for Qualification cum 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 Mandi Board 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 or offer by the Mandi Board 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 making their technical and financial offers pursuant to this RFP. This RFP includes statements, which reflect various assumptions and assessments arrived at by the Mandi Board 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 Mandi Board 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, especially the Project Information Memorandum, may not be complete, accurate, adequate or correct. Each Bidder should, therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, statements and information contained in this RFP and obtain independent advice from appropriate sources. 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 should not be regarded as a complete or authoritative statement of law. The Mandi Board accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed herein. The Mandi Board, 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. This RFP is being made available by the Mandi Board on the terms set out in this RFP. The possession or use of this RFP in any manner contrary to any applicable law is expressly prohibited. The Bidders shall inform themselves concerning, and shall observe and comply with, all applicable legal requirements. This RFP is a summary of available information and no reliance shall be placed on any information or statements contained herein, and no representation or warranty, expressed or implied, is or will be made in relation to such information and no liability is or will be accepted by the Mandi Board, its respective advisors, consultants, contractors, servants and/or its agents in relation to the accuracy, adequacy or completeness of such information or statements made nor shall it be assumed that such information or statements will remain unchanged. The Mandi Board 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. 3 Volume I: Instruction to Bidders Setting up of “Composite Logistics Hub” on PPP at Pawarkheda in state of Madhya Pradesh Neither the information in this RFP nor any other written or oral information in relation to the selection process of the Bidder or otherwise is intended to form the basis of or the inducement for submission of the Bids by the Bidders or for any investment activity or any decision to enter into any contract or arrangement in relation to the Project and should not be relied as such. Neither Mandi Board, nor their employees or advisors or consultants shall be liable to any Bidder under any law including the law of contract, tort, the principles of restitution or unjust enrichment or otherwise for any loss, expense or damage which may arise, or to be incurred, or suffered, in connection with this RFP, or any other information supplied by or on behalf of Mandi Board or its employees, advisors or consultants or otherwise arising in any way from the selection process mentioned in this RFP. Nothing contained in this RFP is, or shall be relied upon as, a representation of fact or promise as to the future. Any summaries or descriptions of documents or contractual arrangements contained in any part of this RFP are only indicative and cannot be and are not intended to be comprehensive, nor any substitute for the underlying documentation (whether existing or to be concluded in the future), and are in all respects qualified in their entirety by reference to them. This RFP outlines Mandi Board’s expectations in relation to the Bids to be submitted by the Bidders. The Mandi Board, its respective advisers, consultants, contractors, servants and/or agents do not accept any responsibility for the legality, validity, effectiveness, adequacy or enforceability of any documentation executed, or which may be executed, in relation to the Project or its operation and maintenance. Nothing in this RFP shall constitute the basis of a contract which may be concluded in relation to the Project and its operations and maintenance nor shall such documentation/ information be used in construing any such contract. Each Bidder must rely on the terms and conditions contained in any contract, when, and if, finally executed, subject to such limitations and restrictions which may be specified in such contract. Laws of the Republic of India are applicable to this RFP. Each Bidder’s acceptance of delivery of this RFP constitutes its agreement to, and acceptance of, the terms set forth in this Disclaimer. The Mandi Board, may, at its sole 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 Mandi Board, is bound to select a Bidder or to appoint the Selected Bidder or Developer, as the case may be, for the Project and the Mandi Board reserves the right to reject all or any of the Bidders or Bids without assigning any reason whatsoever.
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