RFP document for Disposal of Land on Long Term Lease Basis
Memo No. 249/III/Plg/827/13/ SJDA Date 21.2.2014
Tender no. 26/13-14/Plg/SJDA (2nd Call) dt. 21.2.2014
SILIGURI JALPAIGURI DEVELOPMENT AUTHORITY (SJDA)
DARJEELING, WEST BENGAL
DISPOSAL OF LAND AT UTTORAYON UNDER SJDA ON LONG TERM LEASE BASIS TO PRIVATE DEVELOPERS
REQUEST FOR PROPOSAL
February 2014
Project Consultant I-WIN Advisory Services Limited
Office of SJDA: Tenzing Norgey, Central Bus Terminus Tenzing Norgey Road(Hill Cart Road) Pradhan Nagar, Siliguri-734403 Phone : +91 353 2513334 Fax : +91 353 2510056 E-mail: [email protected]
Registered Office of Consultant: “Shilpangan”, S-02, CFB, LB-1, Sector-III, Salt Lake City, Kolkata-7000 098, Phone : +91 33 2335 6570/5507 Fax : +91 33 2335 6956. E-mail:[email protected]
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RFP document for Disposal of Land on Long Term Lease Basis
Bid Summary Sl. no Key Information Details Project Details 1 Project Title Disposal of land at Uttorayon under Siliguri Jalpaiguri Development Authority on Long Term Lease Basis. 2 Grantor Siliguri Jalpaiguri Development Authority. (SJDA) 3 Project Site • Land Area: 11.66 acres of land opposite City Centre, Uttorayan Complex, Siliguri. • Land is free from all encumbrances. • Site is situated on NH 31, on suburban part connecting Siliguri town to Bagdogra Airport. • Bagdogra Airport is approx 11 km from site and approx 6.4 km from Siliguri Town Railway Station. • The site is within 3 kms of the Tenzing Norgay Bus stand. • Situated at a serene location, adjacent to the office for the Software Technology parks of India. • The site is in close proximity to the Himanchal Paribahan Nagar.
4 Project Components Following land Uses are proposed to be developed: •Hospitality/Tourism •Healthcare • Mix-Used(residential cum commercial) where at least 20% of land is to be used for non-residential purposes. • Educational Institutions
5 Development Controls The proposed developments shall be proposed in line with the rulling the Division Regulation of SJDA and relevant rules and regulation of the respective authority. 6 Technical Specification As per the BIS codes and the National Building Code 2005, other Indian and International Standards.
7 Project Development The proposed development on the land of Uttorayon has to be initiated within two years from the date of signing of the Lease Agreement. A copy of the Detailed Land Use Report of the proposed development has to be submitted with SJDA and their consent has to be taken.
8 Lease Period and Rules The land allotted to any individual/ company/ institution etc. under the policy would be transferred by way of long term sub lease/ assignment of lease for a period up to 22/04/2101 with the option of renewal of such lease for the like period on the same terms and conditions and to such other terms and conditions as may be imposed and included in such renewal lease deed.
Eligibility Criteria for Bidders
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RFP document for Disposal of Land on Long Term Lease Basis
Bid Summary Sl. no Key Information Details Project Details 9 Technical Criteria Refer Clause No. 1.6 10 Financial Criteria Refer Clause No. 1.6 11 Criteria for Consortium Refer Clause No. 1.6 and Clause No. 1.7 Bid Submissions 12 Bid Submissions Refer Clause No 1.17.1 13 Bid Validity 180 days from the day of the bid submission 14 Bid security/ Earnest Rs. 10 lakhs (Rupees Ten Lakhs) in the form of Money Deposit unconditional and irrevocable Bank Guarantee/Demand Draft from a Nationalised / Scheduled Bank. (Refer Clause No 1.17.5) 15 Bid Evaluation The bidder who quotes the highest price shall be the preferred/ selected bidder. 16 Signing of the Sub- Lease The sub-lease period will not exceed the period up to Agreement 22/04/2101, however the same may be subject to renewal of such lease for the like period on the same terms and conditions and to such other terms and conditions as may be imposed and included in such renewal lease deed.
The date of signing to be decided by SJDA and communicated to the selected bidder. Important Dates 17 Event Description Date Last Date for Download of Bid Document - 22/04/2014
Last Date for Rising of queries- 16/04/2014.
Last date for submission of bids – 23/04/2014 by 2 pm.
Date of Opening of Technical Bid - 23/04/2014 at 3 pm.
Date of Opening of Price Bid – To be communicated later to the Technically qualified bidders.
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RFP document for Disposal of Land on Long Term Lease Basis
1. SECTION I: GENERAL INFORMATION AND INSTRUCTIONS TO BIDDERS
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RFP document for Disposal of Land on Long Term Lease Basis
1.1. PROJECT BRIEF
Siliguri Jalpaiguri Development Authority, a statutory body constituted under the West Bengal Town and Country Planning (Planning and Development) Act, 1979 of the Government of West Bengal wishes to dispose its land at Uttorayan in Siliguri on long term lease basis. In the context of the same SJDA invites proposal from Bidders in two separate envelopes. The proposal shall comprise of the Earnest Money Deposit, Technical bid and Price Bid (Refer Clause No. 1.17.)
SJDA has appointed I-WIN Advisory Services Ltd. as consultants for the assignment. The Consultant will act on behalf of SJDA for overall execution of this Bidding Process and will also assist SJDA in all matters including execution of agreements. The Last Date of submission of Bid is 23/04/2014 by 2 pm. The Bid document can be downloaded from the site of SJDA (www.sjda.org) between 22/02/2014 to 23/04/2014.
SJDA reserves the right to accept or reject any or all the Bids without assigning reasons thereof.
1.2. CONTENTS OF THE TENDER DOCUMENTS
The RFP comprises of the following sections:
Section I : General Information and Instructions to Bidders Section II : Preliminary Information Memorandum Section III : Formats for the Bid Submission
1.3. INTRODUCTION TO THE RFP
The words and expressions, which are defined, have the same meaning when used in the other sections of the RFP, unless separately defined.
The Section I sets out the bidding procedure and provides necessary details for the Bidders to prepare their Bid for the proposed project. The Section II comprises of the Project Site related Information. The prescribed formats for submission of Bids are annexed to the RFP in the Section III.
The Bidders are advised to submit their Bids complying with the requirements stipulated in the RFP document. The Bids may be rendered disqualified in case of receipt of incomplete Bids and/or the information is not submitted as per the prescribed formats.
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1.4. THE RFP DOCUMENT
The prospective Bidders can download the detailed RFP document from the site of SJDA (www.sjda.org) between 22/02/2014 to 23/04/2014.
1.5. SCOPE OF BID
The Bidders are expected to submit their Bids along with EMD in two separate envelopes:
Envelope I:
Technical Bid will comprise of the documents of the firm/ consortium as per the Minimum Eligibility Criteria in Clause No 1.6. & Clause no. 1.17.1 The formats given in the Section III are to be submitted in the Envelope I. (Refer to Section III Annexure I to VI for the Formats)
Envelope II:
Price Bid (Refer to Annexure VII in Section III for the Format).
Any conditional Price Bid or Price Bid not in the form of Lump sum amount will be liable to rejection by SJDA.
1.6. BIDDERS ELIGIBILITY CRITERIA
Technical Criteria:
a. Bidding Individually as well as in consortium in the form of SPV is allowed. b. The Bidder/ Consortium in the form of a SPV should be legally competent to enter into contract as per prevailing laws; c. The Bidder/Consortium in the form of a SPV should be financially sound. d. Income tax assessment orders for the last three years should be enclosed along with the tender. e. The maximum number of members allowed in a consortium is 3 (Three).
Bids submitted by a Consortium in the form of a SPV shall submit the Agreement to form the SPV or the MOU of the SPV.
Bids submitted by a Consortium in the form of a SPV of entities as members shall comply with the following requirements:
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o The Lead Member and the all other members of the consortium in the form of a SPV shall be jointly and severally liable for the implementation of the project and a statement to this effect shall be included in the Consortium SPV Agreement. o The Bid shall be legally binding on all the members of the consortium. o No member of the Consortium shall be changed after submission of the Bids/ Signing of the Lease Agreement. o The Bids will be evaluated based on the details and data furnished. SJDA decision will be final and binding.
f. A bidder/Consortium in the form of a SPV may be disqualified if it is determined by SJDA, at any stage of the bidding process that the Bidder/ Consortium fails to continue to satisfy the eligibility criteria. Supplementary information or documentation regarding the criteria may be sought from the Bidders at any time and the same shall be so provided within the time frame stipulated by SJDA. g. The Bidder should have at least one projects operating under any of the following: Hospitality/ Tourism Health care Mixed Use (Residential cum Commercial) where at least 20% of land is to be used for non-residential purposes. Educational Institutions
Financial Criteria:
a. The bidder should possess an average annual turnover of Rs. 5 Crore (Rupees Five Crore only) in the past three financial years. The Audited Annual Accounts for the preceding 3 years to be submitted. And
b. Minimum Net worth of Rs. 14 Crores (Rupees Fourteen Crore ) [(Subscribed and Paid up Share Capital + Reserve and Surplus) – (Revaluation Reserves + Miscellaneous expenditures not written off + 1Deferred Revenue Expenditure + Deficit in P & L Account if any)] in the last financial year (2012-13), as per the Audited Annual Accounts.
And
c. The Bidder should be operating in profits during the preceding 3 years. (Profit before tax will be considered)
d. The currency for evaluation is Indian Rupee (INR).
1.7. SPECIAL CONDITIONS FOR A CONSORTIUM
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For evaluation of Financial Capability, the following conditions shall additionally apply:
i) The maximum number of member in the Consortium shall be three including the Lead Member. ii) The Financial criteria in point no. a, c and d shall be applicable for all the members of the SPV. The criteria in point no. b shall be applicable for the consortium, as a whole i.e Net worth of SPV will be the summation of the individual company’s net worth. iii) The Technical Criteria can be met by any one member of the Consortium.
1.8. NON COMPLIANCE WITH RFP
SJDA reserves the right to terminate a Bidder’s participation in the bidding process at any time, should SJDA consider that a Bidder has, without the prior consent, failed to comply with the procedures and requirements prescribed in the RFP.
1.9. COST OF BIDDING
All the Bidders shall bear all costs associated with the preparation and submission of its Bid, including site visits, field investigations, data collection, analysis, etc. as also any discussions/negotiations. SJDA or its consultant shall not be responsible or liable for any such costs.
1.10. POWER OF ATTORNEY FOR BID SIGNATORY
1.10.1. Power of Attorney duly notarized and on a non judicial stamp paper worth Rs.100 (Rupees One Hundred Only), issued and signed by each member of the bidding consortium appointing the Lead Member to act on its behalf in such capacity as its representative for the implementation of the Project shall be submitted as per the format provided in Annexure IV of Section III of this RFP.
1.10.2. Power of Attorney duly notarized and on a non judicial stamp paper worth Rs.100 (Rupees One Hundred only) issued and signed by the Bidder/Lead Member of the Bidding Consortium in favour of a specified person to act as the official representative of the Bidder/Bidding Consortium for the purpose of signing documents, making corrections/modifications and interacting with SJDA. The same shall be submitted as per the format provided in Annexure IV of Section III of this RFP.
1.11. VALIDITY OF THE BIDS
1.11.1. The bidders shall keep their quotations valid/open for acceptance for a period of 180 days from the date of opening.
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1.11.2. In exceptional circumstances, prior to the expiry of the original Bid validity period, SJDA may request the Bidders to extend the period of validity for a specified additional period. The request for the extension shall be made in writing. Bidder will not be permitted to modify their Price Bid, but will be required to extend the validity of the EMD period of extension.
1.12. PAYMENT SCHEDULE:
1.12.1. EMD of the successful bidder shall be adjusted against the Lease Premium on Signing of the Agreement. 1.12.2. 25% of Lease Premium (including the EMD) shall be deposited within 30 days of Signing of the Agreement, with SJDA. 1.12.3. The balance 75% of the Lease Premium is to be paid in three equal installments within the next six months starting from the day of signing of agreement.
1.13. DEFAULT IN PAYMENT
In case payment is delayed by the Selected Bidder due to some factors beyond its control, SJDA, at its sole discretion may accept delayed payment with interest @18.00% p.a. beyond the permissible period of 15 days from the date of “Signing of Agreement” up to a maximum period of 60 days from the date of “Signing of Agreement”. However, in case the balance payment along with the due interest is not paid within the extended period as may be prescribed, the deal will be automatically cancelled and the EMD and the amount deposited/paid by the tendered till that date will automatically stand forfeited by SJDA. The selected Bidder will have no recourse to claim the forfeited amount.
1.14. SALES TAX, EXCISE DUTIES AND LEVIES :
All taxes / duties etc. if applicable and related to the transaction and execution of the lease agreement shall be paid by the Selected Bidder.
1.15. PRE-BID QUERIES 1.15.1. The Bidders should submit the queries in writing or by fax or e-mail and they can call to SJDA and its consultant’s office within 11 am to 5 pm on working days. The last date for submission of pre-bid queries is 16.04.14. 1.15.2. The mail id is [email protected] and [email protected] Fax no. SJDA : 0353 2510056 I-WIN Advisory Services Ltd. : 033 23356956
1.15.3. The queries sent across by email will be responded witih 48 hours of receipt.
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1.16. CLARIFICATION & AMENDMENT OF RFP DOCUMENTS
1.16.1. Bidder requiring any clarification on the RFP document shall request SJDA office or its consultants in writing or by e-mail or facsimile (any other) at the address indicated in the RFP. SJDA will respond to any request for clarification, which is received 1 working day before the Pre-Bid queries to enable other Bidders to react/incorporate prior to the due date. Copies of response given by SJDA will be forwarded to all Bidders who have attended the Pre-Bid Meeting, including a description of the query, but without identifying its source. 1.16.2. The Bidders shall note that reliance upon information/ clarification that is provided by any other source shall be at the risk of the Bidders. 1.16.3. At any time prior to the due date, SJDA may amend the RFP document by issuing an addendum. 1.16.4. Any addendum thus issued shall be part of the RFP document and shall be communicated by mail or by fax to all the Bidders attending the Pre- Bid Meeting and will also be posted to the websites of SJDA.
1.17. PREPARATION AND SUBMISSION OF BIDS
1.17.1. GENERAL SUBMISSIONS
The Bid shall be submitted in two separate envelopes as under, placed in an Outer envelope. The inner envelopes are to be clearly marked as Envelope I and II. The EMD shall be submitted in a separate envelope marked clearly as EMD, placed inside the outer envelope.
a) ENVELOPE I: TECHNICAL BID The following shall be submitted in the Technical Bid in original:
a. Certificate of Registration/ Incorporation. b. PAN card copy c. Service Tax registration certificate d. Professional Tax certificate
Note: In case the bidder is a consortium the details mentioned above, should be submitted for all the members of the consortium.
e. Covering Letter/ Letter of Application as per Annexure I of Section III, of this RFP. f. The Information of the Bidder to be submitted in the format given in Annexure II of Section III. g. Power of Attorney for the Bid signatory as per Annexure III of Section III, of this RFP.
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h. In case the Bidder being a Consortium, Power of Attorney and nominating one member as Lead Member of the Consortium as per Annexure IV of Section III, of this RFP. i. Bank Guarantee/ Demand Draft towards EMD for Rs. 10,00,000/- (Rupees Ten Lakhs only) as per Annexure V of Section III of the RFP. j. Financial Performance of the Bidder as per Annexure VI of Section III. k. In case the Bidder being a SPV, Agreement for the SPV or the MOU for the SPV is to be submitted. l. Audited Accounts for the Past three Financial Years. In case the bidder is a consortium the details for all the members of the consortium should be submitted. m. Proof of Turnover and Net worth. n. Income Tax Assessment orders for the last three financial years. o. The RFP document and the Minutes of the Meeting are to be stamped and signed by the authorized signatory on all the pages and submitted along with the Technical Bid. p. Documents in support of the experience criteria in Clause no 1.6 (g) are to be submitted. Work Orders and Completion Certificates for the assignments to be submitted.
b) ENVELOPE II: PRICE BID
An unconditional Price Bid as per Annexure VII of Section III, of this RFP has to be submitted form of a Lump sum amount for the entire land. Any conditional Price Bid or Price Bid not in the form of Lump sum amount will be liable to rejection by SJDA.
1.17.2. All the above submission in Technical Bid in original shall be placed inside the Envelope I. The price bid to be placed inside Envelope II. The outer envelope to contain the Envelope I, II and the EMD in a separate envelope. The Outer Envelope to be sealed, labeled as “BID FOR DISPOSAL OF LAND AT UTTORAYON ON LONG TERM LEASE BASIS”
1.17.3. SITE VISIT
Inspection of aforesaid land will be permitted at site for 2 days to the interested parties. The date and time of the site visit will be intimated during the Pre-Bid Meeting. However the costs towards the site visit will be borne by the respective Bidders. A representative of SJDA or its consultant will accompany the Bidders during the site visit. In case the Bidders do not attend the site visit then SJDA will not be liable for any site related issues or queries.
1.17.4. LAST DATE FOR SUBMISSION OF BIDS
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Tender should be submitted in a sealed envelope in the following address, Chief Executive Officer, Siliguri Jalpaiguri Development Authority , Tenzing Norgey, Central Bus Terminus Tenzing Norgey Road (Hill Cart Road), Siliguri, P.O. Pradhan Nagar, Siliguri – 734403, Dist Darjeeling, West Bengal by 12.00 Noon on 23/04/2014 along with Earnest Money Deposit (EMD) as per clause no 1.17.5.
1.17.5. EARNEST MONEY DEPOSIT
An Earnest Money Deposit of Rs. 10,00,000/- (Rupees Ten Lakhs only) is to be submitted in the form of irrevocable Bank Guarantee or Demand Draft drawn on any Nationalized or Scheduled Bank in favour of “Chief Executive Officer, Siliguri Jalpaiguri Development Authority” payable at Siliguri. The EMD is refundable. The Bank Guarantee or Demand Draft has to be valid for period of 6 months.
The EMD of the successful Bidder will be adjusted against the Lease Premium payable. The EMD of the unsuccessful Bidders will be returned after signing of the agreement between SJDA and Selected Bidder.
Any Bid not accompanied with Earnest Money Deposit will be treated as invalid.
The Earnest Money Deposit is to be submitted in a Separate Envelope which will be marked as “Earnest Money Deposit for Disposal of Land at Uttorayon under SJDA on Long Term Lease Basis.” This envelope will be placed inside the Outer Envelope.
At the sole discretion of SJDA the Bidders may be asked to renew the duration of validity EMD.
1.17.6. COMMON INSTRUCTIONS
All the inner envelopes shall indicate the name and address of the Bidder to enable the Bid to be returned unopened in case it is declared “late” or “ non responsive” or “non qualified” as the case may be.
If the outer envelope is not sealed and not marked as per clause no. 1.17.2 then SJDA will not assume any responsibility for the misplacement or premature opening of the Bid. If the outer envelope discloses the Bidder’s Identity SJDA will not guarantee anonymity of the bid submission, but this shall not constitute the grounds for rejection of the Bid.
1.17.7. SIGNING OF BID The Authorized signatory shall sign or initial with seal on each page of the RFP document and the Minutes of the Meeting as a token of acceptance of
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the conditions/terms of reference. The same are to be submitted along with the Technical Bid, in the Envelope I.
1.17.8. LATE BIDS The Bid received after the Due date & time will not be considered and will be returned unopened to the Bidder. There will be no exceptions to this requirement. It is the Bidders responsibility to ensure that the bids are received at SJDA office within the Due date & time.
1.17.9. MODIFICATION OR WITHDRAWAL OF BIDS a. The Bidders may modify, resubmit or withdraw their Bids after submission, but prior to the Due date & time. However a written notice of the modification, resubmission or withdrawal is received at SJDA office. The responsibility of submitting the modified Bid and resubmitting the same on or before the Due date will rest solely with the Bidder. b. The Bidders cannot modify their Bids after the Due date & time. The Bids shall only be modified, if the same is requested by SJDA only to accommodate clarifications on the Bids submitted. c. In the event of withdrawal of a Bid by the Bidder after the Due date but within the Bid Validity Period, the EMD of the Bidder shall be liable for Forfeiture.
1.18. BID OPENING AND EVALUATION
1.18.1. OPENING OF BIDS
a. The Bid received before the Due Date, subject to submission of the EMD etc. as stipulated in the RFP, Technical bid will be opened in the presence of the Bidder’s authorized representatives (authorized in writing) who wish to attend the same, at the time, date and location given below : Location : Siliguri Jalpaiguri Development Authority , Tenzing Norgey, Central Bus Terminus Tenzing Norgey Road (Hill Cart Road), Siliguri, P.O. Pradhan Nagar, Siliguri – 734403. Date : 23/04/2014 Time : 3 pm.
b. The Price Bids of the Bidders who qualify in the evaluation of Technical Bids only would be opened. The Price Bids shall be opened in the presence of the representatives of the Technically Qualified Bidders, who choose to attend. The final date will be communicated later on. c. In the event of SJDA’s office remaining closed on the day of opening of bid for any unforeseen reason, the bids shall be opened on the next working day of SJDA at same time in the presence of such of the technically qualified bidder’s representatives.
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1.18.2. PROCESS TO BE CONFIDENTIAL
Information relating to the examination, clarification, evaluation and comparison of Bids and recommendations for the award of a contract shall not be disclosed to the Bidders or any other persons not officially concerned with such process until the process is completed and issue of the LOA to the Preferred Bidder has been announced.
1.18.3. CLARIFICATION OF BIDS
a. To assist in the examination, evaluation and comparison of Bids, SJDA or its consultants may, at its discretion, ask any Bidder for information/clarification/substantiation. b. However, clarifications if any required from Bidder, shall be in written form and will be communicated to Bidder by SJDA.
1.18.4. EVALUATION OF THE TECHNICAL BID
The evaluation will be done based on that, the Bid: a. Meets/conforms to the eligibility criteria contained in the RFP. b. Has been properly signed and contains any required written representations or commitments. c. Is accompanied with supporting documents as stipulated in the RFP.
The evaluation is summarized as below:
Sl. No. Eligibility Criteria Qualified 1. General Technical Eligibility Criteria YES/ NO 2. Financial Criteria YES/ NO
If answer to any one of the above items is No, the Bid shall be non-qualifying and hence would not be taken for evaluation and opening of the Price Bid.
1.18.5. EVALUATION OF THE PRICE BIDS
a. If the submission is in substantial compliance with the Price Bid, then, Price Bid will be reviewed and evaluated. b. The sole criteria, for the evaluation of Price Bids is the highest value (H1) quoted in absolute figures. c. The Bidder quoting the Highest value (H1) will be considered as the “Preferred Bidder”. d. In case if price bids are conditional then the same may be rejected and not considered for Evaluation. e. Corrections of errors
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Wherever there is discrepancy between the amounts in figures and in words, the amount in words shall govern.
1.18.6. SPECIAL CONDITION FOR SELECTION OF PREFFERED BIDDER In the event of two or more Bidders offered the same value in the Price Bid then SJDA may- a. Call all such Bidders for negotiations/ resubmission of the Price Bids (Limited only to such Bidders) and select the Preferred Bidder based on the outcome of the negotiations/ re-submission of the Price Bids or b. Take such measure as may be deemed fit at the sole discretion of SJDA.
1.19. AWARD OF PROJECT/ SIGNING OF AUTHORIZATION AGREEMENT
1.19.1. SJDA’S RIGHT TO REJECT ANY OR ALL BIDS SJDA reserves the right to accept or reject any bid, and to annul the entire bidding process and reject all bids, at any time prior to the award of LoA, without thereby incurring any liability to the affected Bidder or Bidders and/ or any obligation to inform the affected Bidder or Bidders of the grounds for its action. In case of cancellation/rejection of bids the EMD of the Bidders will be returned back to the Bidders. 1.19.2. Issue of LOA after evaluation of the bids and approval of SJDA 1.19.3. Upon completion of the Bid evaluation process, acceptance of the Bid and intention of award of the Project/ Authorization would be conveyed by SJDA to the Preferred bidder, who satisfies all other compliance requirements. The Letter of Acceptance (LOA) would be issued by SJDA to the Preferred Bidder.
1.19.4. PAYMENT OF LEASE PREMIUM
The Preferred Bidder shall be required to pay: a. Non-refundable Lease Premium as per the Financial Proposal submitted by the Bidder is to be deposited with SJDA. The Lease Premium will be payable as per Clause No 1.12. in the form of Demand Draft drawn on any Nationalized or Scheduled Bank in favour of “Siliguri Jalpaiguri Development Authority” payable at Siliguri. b. If the Preferred Bidder fails to pay the above payments within the stipulated period, SJDA would have right to reject the Bid of the selected bidder by forfeiting the EMD of the Preferred Bidder and consider the offer of the second highest Bidder. The decision of SJDA in this regard is final and binding.
1.19.5. PAYMENT OF ANNUAL LEASE RENTALS
The Annual Lease Rentals shall be paid from the date of signing of Lease Agreement. Subsequently, every quarter, the Selected Bidder shall pay the
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Annual Lease rentals to SJDA as per the schedule of Lease Rentals to be finalized at the time of signing the Land Lease Agreement. The payment shall be in the form of Demand Draft drawn on any Nationalized/Scheduled Bank in favour of “Siliguri Jalpaiguri Development Authority” Payable at Siliguri.
The Annual Lease Rental may be revised as per Govt. notification prevailing rate given from time to time.
1.19.6. PAYMENT OF SIX MONTHS ADVANCE LEASE RENTALS
Selected Bidder shall pay Interest Free Advance Lease Rentals, an amount equivalent to six months Lease Rentals (of First Year) during the signing of Lease Agreement.
1.19.7. EXECUTION OF LEASE DEED
SJDA shall on the Compliance Date, Lease the project site to the Preferred Bidder on an “as is where is basis” under a valid Land Lease Deed.
1.19.8. POSSESSION OF DEMARCATED SITE TO SELECTED BIDDER
The Selected Bidder upon signing of the Lease Deed, and upon formal intimation to SJDA, can fix a date mutually agreeable to both parties, and take over the leased premises from SJDA with inventory and records of material/assets in the premises, if any.
1.19.9. PENALTY FOR DELAYED PAYMENTS If the Selected Bidder fails to make the lease rental payments to SJDA, the quarterly payments and yearly enhancement of deposits within the stipulated period, a penalty @ 18% per annum on the outstanding amounts would be effective from the 1st of the due month of the quarter in which the payment is due. SJDA further reserves the right to forfeit the deposit paid by the Selected Bidder towards the lease rentals. SJDA shall terminate the agreement with the Selected Bidder towards the lease rentals. SJDA shall terminate the agreement with the Selected Bidder for failure to make the lease payments for over 3 quarters, as per the terms of Agreement.
1.20. PROJECT DEVELOPMENT The proposed development on the land at Uttorayan has to be initiated within two years from the date of signing of the Lease Agreement. A copy of the Detailed Land Use Report of the proposed development has to be submitted with SJDA and their consent has to be taken.
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1.21. CORRUPT AND FRADULENT PRACTICES It is required that the Bidders observe the highest standard of ethics during the Bidding Process. In pursuance of this policy, SJDA:
Defines, for the purposes of this provision, the terms set forth below as follows: “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the Bidding process or in the execution of any Agreement with SJDA or its consultants, or bringing political pressure.
“Fraudulent Practice” means misrepresentation of facts in order to influence the bidding Process or in the execution of any agreement with SJDA to the detriment of SJDA, and includes collusive practice among Bidders (prior to or after Proposal Submission) designed to deprive SJDA of the benefits of free and open competition.
SJDA will reject the Bid, at any stage, if it determines that the Bidder recommended for selection has engaged in corrupt or fraudulent practices during Bidding Process.
1.22. TERMINATION / BREACH OF CONTRACT
In the event of non-fulfilment of the terms and conditions by the bidder, SJDA shall cancel the contract with immediate effect, in which case, the EMD along with any amount paid shall stand forfeited.
1.23. SETTLEMENT OF DISPUTES:
For any dispute arising out of the Bidding Process, the decision of SJDA shall be final and be binding on all parties.
1.24. LAWS APPLICABLE:
Indian Laws shall be the Applicable Law for the Bidding Process and will be instituted in a court of competent jurisdiction in Darjeeling, West Bengal.
1.25. MISCELLANEOUS INSTRUCTIONS a. The Land is to be handed over to the Selected Bidder free from all kind of encroachments. b. Bids that are incomplete in any respect or those that are not consistent with the requirements as specified in this RFP might be considered as non- responsive and may be liable for rejection. c. Adherence to formats, wherever prescribed, is required. Non-adherence to formats might be a ground for declaring a Bid non-responsive. d. All communication and information shall be provided in writing and in English language only.
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e. All financial data shall be given (converted) in Indian Rupees only. f. All communication and information provided should be legible, and wherever the information is given in figures, the same should also be mentioned in words. In case of conflict between amounts stated in figures and words, the amount stated in words will be taken as correct. g. No change in, or supplementary information to a Bid shall be accepted once submitted. However, SJDA or any of its advisors/agencies/consultants reserves the right to seek additional information and/or clarifications from the Bidders, if found necessary, during the course of evaluation of the Bid. Non-submission, incomplete submission or delayed submission of such additional information and/or clarifications sought by SJDA or its consultants, may be a ground for rejecting the Bid. h. All suits or proceedings relating to any dispute or claim arising out of or in course of performance of this contract shall be filed in appropriate court having jurisdiction in Siliguri. i. The submission of the Bid means and implies that the bidder has unconditionally agreed to and accepted all the above terms and conditions of the tender. j. SJDA reserves the right to reject any or all the quotations without assigning any reason thereof. k. In case of any doubt regarding the terms & conditions of the RFP, the decision of the Authorized Officer of SJDA will be final. l. The contract shall be treated as having been entered into as soon as the “Letter of Acceptance” is issued by Authorized Officer, SJDA to the successful bidder.
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2. SECTION II: PROJECT INFORMATION MEMORANDUM
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DISCLAIMER
The information provided in this Project Information Memorandum (PIM) is solely for information and SJDA shall not be responsible for any inaccuracy in it. Each Bidder should conduct their own investigations and analysis, and should check the accuracy, reliability and completeness of the information in this PIM and wherever necessary obtain independent information from appropriate sources. SJDA, their employees or any of its agencies/consultants/advisors make no representation or warranty and shall incur no liability under any law, statute, rule or regulation as to the accuracy, reliability or completeness of the PIM.
CONTENTS
Sl. No. Particulars Page No. 1. Introduction 23-24 2. About SJDA 25 3. Salient Features 26 4. Site Connectivity 27-28 5. Site Photographs 29 6. Socio Economic Profile 30-32 7. Site Potential, Proposed Land Usages and 33-35 Benefits to the region 8. Development Control Norms 36 9. Annexure A: Site Plan 37
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1. INTRODUCTION
West Bengal has today become a major investment destination in the country. This has however not happened overnight. The ground has been prepared over the past years. West Bengal has gradually become an attractive destination for investments. Many factors, though has led to such a growth which are availability of the factors of production for instance, land, labour capital, availability of adequate physical & social infrastructure such as power, tele-communication, urban infrastructure, water supply, medical facilities and education facilities, proper governance & regulatory framework in terms of rules & regulation relating to entry of firms, operations & exit of firms, integrity of public services, law and order and investment facilitation and government support & access to credit facilities.
In the state of West Bengal under the District of Darjeeling lies the city of Siliguri. The City of Siliguri is described as the gateway to the North East of India, Bhutan, Nepal and Bangladesh. The strategic location of the city makes it a base for essential supplies to the above regions and it has gradually developed as a profitable centre for a variety of businesses with many national companies and organisations setting up their offices here.
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Siliguri is a tourist destination, the hospitality sector and tourism sector constitutes an important part of Siliguri’s economy. The Siliguri Jalpaiguri Development Authority (SJDA) is the nodal agency for planning and development of the Siliguri Jalpaiguri Planning Area (SJPA) by Co-ordinating all departments and agencies. Its role includes creating infrastructure and real estate development in the region and providing facilities to investors.
Amongst all the development/investment opportunity or scope the key role is played by the Land availability for the development of the Project. The Siliguri Jalpaiguri Development Authority has land at Uttorayon, which it wants to give to private Investors on Long Term Lease Basis for the appropriate usage and development of the same.
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2. ABOUT SJDA
Siliguri Jalpaiguri Development Authority has been established under the West Bengal Town and Country (Planning & Development) Act 1979 (West Bengal Act - XIII of 1979) and has been entrusted with the responsibility of Planning & Development of Siliguri - Jalpaiguri Planning Area. It came into existence on the strength of said Act and on direction of Governor of West Bengal vide notification no- 1878 - T & CP/112-6/80 dtd. 17.3.1980 w.e.f. 1.4.1980 on cessation of Siliguri Planning Organization under T & CP Branch of Dev. & Planning Deptt., Govt. of West Bengal. At present, the total area is 2327.12 sq.km., covering areas of C.D. blocks of Siliguri, Matigara, Naxalbari, Phansidewa & Kharibari of in Darjeeling District and Jalpaiguri Sadar, Rajganj, Entire Mallbazar block, Mal Municipal area & and a part of Mainaguri P.S. in Jalpaiguri District. Jalpaiguri town is 45 Kms away from the Siliguri town.
Like-Other Development Authority, it is a body corporate having perpetual succession and a common seal with power to acquire, hold dispose of property both movable and immovable and to enter into contracts and shall by its corporate name sue and be sued. It consists of a Board of a Chairman and thirteen other members appointed by Stated Govt.
PRINCIPAL OFFICE OF SJDA: The Office is located at Tenzing Norgey, Central Bus Terminus Tenzing Norgey Road (Hill Cart Road), Siliguri, P.O. Pradhan Nagar, Siliguri – 734403, Dist.: Darjeeling, West Bengal
3. SALIENT FEATURE
BACKGROUND
Siliguri Jalpaiguri Development Authority (SJDA) has land which they wish to allot on Long term lease for proper development and best use of the same.
LAND AREA: The Land Area is 11.66 Acres. The site plan for the project site has been enclosed in Annexure A.
Description of Immovable property
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Name of Jl. No. Khaitan no. Plot No. Area in Acres Mouza Gourcharan 81 1049 (LR) 303 3.37 304 0.58 Ujanu 86 307 (LR) 340 4.76 342 0.72 340/471 0.75 343 0.27 245/437 1.21 Total 11.66
Name of Thana : Matigara Sub-Registration District : Siliguri II at Bagdogra District : Darjeeling
On the North – NF Railway Line, National Highway and STPI On the south – River Champta and Old Matigara Road (PWD) On the East – Land of SJDA On the West – River Champta
LOCATION:
The site at Uttorayon is strategically connected with the NH 31 in Siliguri city. It is the part of the township of Uttorayon and the site is within 3 kms from the Tenzing Norgey Bus Station. It is opposite to Siliguri City Centre, adjacent to the site is the office for the Software Technology Parks of India and in its close proximity is the Bartaman Office.
4. SITE CONNECTIVITY
The connectivity to the project site is of prime importance and hence the link to the site, vide Airways, Railways and Roadways has been given below:
AIRWAYS: Bagdogra International Airport is situated about 11 km away from the site the only airport in the region.
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RAILWAYS:
Siliguri has four important railway stations.
1. Siliguri Town - This is the oldest station in the area operational since 1883’s..
2. Siliguri Junction - This station was opened in 1949 and used to be the point of departure of all trains to the north-eastern states until the broad gauge was extended to New Bongaigaon. Siliguri Junction was the only station in India with tracks of all the three gauges used in India.
3. New Jalpaiguri - Opened in 1964 as a totally Greenfield project 2.5 km south of the Hasmi Chowk. Initially named New Siliguri (but later renamed New Jalpaiguri as it is located in Jalpaiguri District), this is now the most important station in the region. It is also known as NJP. This station connects Siliguri to every nook and corner of the country by railway. The station is the largest railway station in entire North East with a wide parking area and has been awarded as the cleanest railway station of India in the year 2011.
4. Bagdogra Railway Station - Siliguri Urban Agglomeration also has another railway station Bagdogra situated at Bagdogra, 15 km from the city, adjacent to Bagdogra airport.
5. Besides the above Railway Stations there is another Station – The Naxalbari railway station is situated west of Bagdogra in the heart of Naxalbari. The railway station has strategic importance as it facilitates not only the people of Naxalbari and Panitanki to connect with the other parts of the country but it also facilitates the people of Nepal (of places like Kakarvita, Dhulabari, Bittamore, etc.) to utilize the railway station as the means of communication with rest of India.
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ROADWAYS:
The Tenzing Norgay Central Bus Terminus situated next to the Siliguri Junction Railway Station is a major stop for most private and state-owned buses in the region.
There is another bus terminus named P.C. Mittal Bus Stand on Sevoke Road. All buses heading for the Dooars region via the Sevoke Coronation Bridge start from here.
The bus service from Siliguri Court More interconnects the different parts of the city such as Sivmandir, Bagdogra, Naxalbari, Panitanki, Medical, and Chatterhut.
The Bus service from Howrah Petrol pump and Jalpaimore connects the city with lower parts of Jalpaiguri district and Cooch Behar district.
Public transport includes cycle rickshaws, auto rickshaws, local buses and tempos. There is no metered vehicular transport. While 8-seater city autos ply between two fixed destinations of about 10–15 km, one can hire petrol-driven auto rickshaws from auto stands at a rate fixed by the municipal authorities.
Project Site outlined by Black Border
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5. SITE PHOTOGRAPHS
The Site is located just opposite to the City Centre and adjacent to the Software Technology Park of India. The site photographs are as given below:
Opposite to City Centre Land Position
The Site
The Site
Land Position Beside of Software Technology Parks of India
The Site
The Site
The site has been indicated in the above pictures.
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6. SOCIO ECONOMIC PROFILE
POPULATION:
Siliguri has achieved the position of second largest city in the West Bengal with a population of 6 lakh residents as of 2011; the urban agglomeration, which comprises of the city and its suburbs, was home to approximately 10 Lakhs.
SEX RATIO:
Males constitute 51% of the population and females 49%. In Siliguri, 10% of the population is under six years of age.
EDUCATION:
Siliguri has always been the hub of education. Apart from the residents of West Bengal, students from neighbouring states of Sikkim, Bihar and Assam and neighbouring countries of Bhutan, Nepal and Bangladesh come here to pursue education. Bengali and English are the prime languages of instruction. Nepali and Hindi are also used. The schools are affiliated to WBCHSE, CBSE or ICSE. Vocational courses are also available. Siliguri College established in 1950 is the oldest higher educational institution in the city. The North Bengal Medical College, located in Sushrutanagar, is the sole medical college in the region. Few engineering colleges has come up with good infrastructure. Besides the above there are many universities such as
BANKING:
The major banks operating around the site are Standard Chartered, HDFC, ICICI, Allahabad, State Bank of India, UTI, UCO, Vijaya, IDBI and UBKG bank with their branches. Maharastra, Bank of Baroda, Canara Bank, Karnatake bank, Andhra Bank, Sonali Bank are some other quotable name of banks of the region.
ECONOMY AND INDUSTRIES IN THE VICINITY
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Siliguri, the gateway of North-East Bengal is one of the fastest growing economic centers. It occupies the position of the trade hub of India. Transportation of Rice and urgent commodities to Nepal and Bangladesh are facilitated vide Siliguri. The Silk Route of India i.e. trade route between India and China is accessible only after crossing Siliguri .
4 "T" s - Tea, Timber, Tourism and Transport are the main businesses of Siliguri. Tea production and process of Siliguri have reserved a number or workers with it. Tea industry of Siliguri is developing at a very high speed.
Renowned auto mobile companies are gathering at Siliguri with their numerous Showrooms. Maruti Suzuki, Honda Siel, Toyota Kirloskar, Ford, Tata, JCB, Mahindra & Mahindra, Hyundai, General Motors are the examples of this. Two wheeler showrooms also taking their position at the Economy of Siliguri. Hero Honda, Kinetic, Honda scooters, Yamaha, TVS Suzuki, Bajaj, LML all these top ranked companies are now present at Siliguri.
Siliguri is also well known for its handicrafts like cane artwork and furniture; decorative items made of clay etc. It also has two state government owned cooperatives: Kanchan Food Processing Cooperative and the Himul Milk Processing and Diary Cooperative. There is also growing demand for handicrafts made out of wood, cane, jute and bamboo by the local artisans – and handicrafts from the hills like embroidery, woven shawls, bags and other items is popular all over the world.
Siliguri is one of the three satellite IT hubs and townships that the Government of West Bengal is developing. Siliguri Jalpaiguri Development Authority has taken an initiative to develop Siliguri into an IT/ITES hub. A software technology park is also initiated in the near vicinity of the site.
The organised retail sector has created a large number of jobs in the region.
Tourism industry of Siliguri is also flourishing day by day. A large number of hotels are establishing to cope up rate of demand of tourist. Tourists are attracted by the great variety of flora and fauna of Siliguri, beautiful landscapes, and the magnificent Himalayan range is fast becoming a preferred destination for domestic and international tourists.
The presence of Indian army, Border Security Force (BSF), CRPF, SSBand the Assam Rifles around the city have contributed to the growth of the local economy.
RECREATIONAL
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Kanchenjunga Stadium is the city's only outdoor stadium and have hosted national and international level matches.
In recent years the close proximity of the Teesta river has made Siliguri a destination for the white water rafting enthusiasts.
Apart from these many shopping malls the rising rapidly on the roads of Siliguri. Some popular shopping malls are the Cosmos, Orbit, City Center- Siliguri, City Style, Sun Flower situated on Sevoke road and Vishal Mega Mart on the Burdwan road.
The city recently also witnessed the arrival of its first set of multiplexes, CINEMAX and INOX.
7. SITE POTENTIAL, PROPOSED LAND USAGES AND BENEFITS TO THE REGION
7.1. SITE POTENTIAL AND OPPORTUNITIES
The site is located on the fringe of Siliguri along National Highway 31. It is just 3 km from the heart of Siliguri. Roads leading to Darjeeling, Assam, Kolkata, Katihar pass through the
Matigara Road which is the main arterial road of site. Distance from Bagdogra airport to the site is approx. 11 Km and at an approx. distance of 6 km from prominent railway station. Based on locational as well as other competitive advantages the potential and opportunities for the land is as given below:
Hospitality/Tourism Healthcare Mix-Used(residential cum commercial) where at least 20% of land is to be used for non-residential purposes. Educational Institutions
7.2. PROPOSED PROJECT COMPONENTS AND BENEFITS TO THE DEVELOPMENT OF REGION
The site is located very strategically opposite to the City Center of Siliguri and adjacent to The Software Technology Park of India. The strategic location acts as an added competitive advantage towards the site. The land area is of 11.66 acres which is contiguous. The Land will be made available on a Long term lease. Thus any development coming up at this site will have the benefits of the above discussed points.
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Based on local market needs, regional context and site suitability, a set of activities have been proposed to trigger the development and to respond to the aspirations of the surrounding development. The key aspect of the proposed development will be to boost the overall development of the region.
The selected Bidder will have to consider the extent of land available for development, all the restrictions applicable and accordingly phase out the development.
SJDA proposes the following land uses for the land at Uttorayon (mixed development of the following land uses):
Hospitality/Tourism Healthcare Mix-Used(residential cum commercial) where at least 20% of land is to be used for non-residential purposes. Educational Institutions
Hospitality:
The development under the Hospitality sector will be supported directly by the tourism sector. Tourists are attracted by the great variety of flora and fauna of Siliguri, beautiful landscapes, and the magnificent Himalayan range is fast becoming a preferred destination for domestic and international tourists. Further Darjeeling is well renowned hill station, famous for its beauty and aesthetic value in the entire country as well as abroad. The tourism projects such as “North Bengal Doors Mega Circuit”, “Destination Development of Tourism Gateway to North Bengal” and many such tourism initiatives etc have been successfully completed in this region. Thus the Tourism sector will be further strengthened and supported by these infrastructure developments. Star hotels/Budget Hotels can be developed with Banquetting and Conferencing Facilities etc.
Healthcare:
The development of the healthcare facilities will support the residential facilities of the Uttorayon township directly and the development of the nearby regions. It will have the support from the North Bengal Medical College, located in Sushrutanagar. There can be General Hospitals, Specialty Hospitals and even Medical College cum Hospitals can be set up. At present there is only one medical college in the region. Thus with increase in the number of residents the needs towards the Healthcare facilities will increase which can be partly met through suitable developments.
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Mix-Use (Residential cum Commercial):
The development under this will cater to the dual requirement of the residential demands of the region as well as the commercial business aspects. That is they will meet the Social and Entertainment Needs of the region. The developments under the commercial aspect of usage will be bringing in direct and indirect employment generation and create multiple job opportunities for the residents of the region as well the neighboring regions. Under the Commercial development club houses, CCD’s, coffee shops, Gym, Cineplex, Amphitheatre etc can be set up.
Educational Institutions:
Students from West Bengal and the neighboring regions of Bhutan, Nepal and Bangladesh etc. come here for their education. Further the site is within the Uttorayon township, which has an residential township. The educational facilities will support and cater to the demand and needs of this township and also the neighboring regions. Medical college cum Hospitals can be set up. ITI, Polytechnic Colleges can also be set up for upgrading the Technical knowledge base of the region. IT related training institutes and colleges can be set up which will further support Siliguri to grow into an IT hub.
8. DEVELOPMENT CONTROL NORMS
APPLICABLE DEVELOPMENT CONTROL & REGULATIONS
The proposed developments shall be in line with the Zoning and Sub-division regulation of Siliguri Jalpaiguri Development Authority (SJDA).
For the Technical specifications of the development the latest BIS codes and The National Building Code shall be followed. Other Indian and International Standards can be followed.
The Selected Bidder shall verify the changes/ modifications, relaxations if any in the above regulations, policies and statutory and Applicable laws.
ENVIRONMENTAL CLEARANCES
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As per the MoEF EIA Notification September 2006 and amendments to EIA Notification in December 2009, inter-alia, the projects that fall under the listed categories shall be subjected to prior environmental clearances.
The proposed development if falls under the category would require the EIA clearance.
ECO FRIENDLY GUIDELINES
The Developer is encouraged to develop Eco Friendly Project and employ Green Building Principles to the extent possible with the objective of efficient resource utilization, energy conservation/ savings and environmental protection.
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ANNEXURE A: SITE LOCATION MAP
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DEFINITIONS AND INTERPRETATIONS
DEFINITIONS In consulting these clauses, and the said conditions will have meaning herein assigned to them except where the subject or context otherwise requires:
Agreement shall mean the Sub Lease Agreement executed between SJDA and the preferred bidder, including recitals, addenda, Appendices and attachments thereto as may be amended, supplemented or modified in accordance with the provisions thereof
Annual Lease Rental means the lease rentals payable annually by the Selected Bidder to SJDA for the project site pursuant to the project site lease Deed, in accordance with the provisions hereof
Bid or Detailed bid or Proposal shall mean the bid submitted by the bidder in response to the RFP including clarifications and/or amendments to RFP, if any.
Bidder shall mean the applicant who has been issued with the RFP and submitted his bid in response to the RFP.
Bid Evaluation Committee shall mean the committee constituted by the SJDA for evaluating the Bids.
Consortium shall mean the group of legally constituted entities, who have come together, have agreed or have form a SPV for implementing the project, subject to the terms of this RFP.
Consortium Agreement shall mean an agreement to be entered into amongst all the members of the consortium to form an SPV.
Constituent Member shall mean any member of the Bidding Consortium, whose financials and/ or project related experience have been taken into account to meet the Eligibility criteria.
Eligibility Criteria shall mean the criteria stipulated in the RFP, which is required to be met by the Bidder based on his capability statement and documents to become eligible for opening and evaluation of the Financial Bid.
Financial Bid or Price Bid shall have the meaning as set forth in the RFP documents.
Financial Year or Accounting Year shall mean year commencing from 1st April in each year and ending on 31st March in the next Year. In case Bidders financial / accounting years are different from the above, the immediate past financial / accounting years of the Bidders as per their annual reports shall be applicable for the evaluation.
Firm/Company shall mean a single legal entity, which is a Registered Body, Government Agency or Statutory Body.
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Lead Member shall mean in case of a consortium at the RFP stage, which qualifies as per the eligibility criteria, and which shall continue to be the leader and be authorized as such for submission of Bid. The lead member will represent the consortium on all matters pertaining to the RFP and shall have the primary responsibility of developing and implementing the project.
Land Lease Deed shall mean sub lease agreement / deed entered into by and between the SJDA and the preferred Bidder.
Letter of Acceptance or LOA shall mean the letter to be issued by SJDA to the preferred Bidder conveying acceptance of the quotation in accordance with the terms of this RFP.
Power of Attorney shall mean the power of attorney in the format provided in RFP, to be furnished by the Bidder authorizing a person to sign the Bid and act for and on behalf of the Bidder during the Bidding process.
Preferred Bidder shall mean the successful Bidder, whose Bid is declared as the highest evaluated Bid as a result of the Bid evaluation process as set forth in this RFP document.
Project means, Disposal of Land at Uttorayan under SJDA on Long Term Lease Basis.
Project Agreements or Land Lease Deed shall mean Lease agreement and any other legal documents as mutually agreed to between the SJDA and the preferred Bidder, necessary for implementing the project.
Request for Proposal or RFP shall mean the Bid documents comprising sections I to III and any other addenda issued thereon.
Taxes and Duties shall mean all taxes, duties, fees etc. payable as per applicable laws in India in connection with the development, operation and management of the project.
INTERPRETATION 1. In the interpretation of this RFP, unless the context otherwise requires: 2. The singular of any defined term includes the plural and vice versa, and any word of expression defined in the singular has the corresponding meaning used in the plural and vice versa. 3. Reference to any gender includes the other gender. 4. Unless otherwise stated, a reference to a clause, sub-clause, paragraph, sub- paragraph, annex, exhibit, attachment, schedule or recital of this RFP. 5. A reference to any agreement is a reference to that agreement and all annexes, attachments, exhibits, schedules, appendices and the like incorporated therein, as the same may be amended, modified, supplemented, waived, varied, added to, substituted, replaced, renewed or extended, from time to time, in accordance with the terms thereof; 6. The terms “include” and “including” shall be deemed to be followed by the words “without limitation” , whether or not so followed; 7. Any reference to a person shall include such person’s successors and permitted assignees;
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8. A reference to a “writing” or “written” includes printing, typing, lithography and other means of reproducing words in a visible form; 9. Any date or period set forth in this RFP shall be such date or period as may be extended pursuant to the terms of this RFP; 10. A reference to “month” shall mean a calendar month, a reference to “week” shall mean a calendar week and a reference to “day” shall mean a calendar day, unless otherwise specified; 11. The terms “hereof”, “herein”, “hereto”, “hereunder” or similar expressions used in this RFP mean and refer to this RFP and not to any particular Article, Clause or Section of this RFP. The terms “Article”, “Clause”, “Paragraph” and “Schedule” mean and refer to the Article, Clause, Paragraph and Schedule of this RFP so specified;
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3. SECTION III:FORMATS FOR BID SUBMISSION
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ANNEXURE I
(To be submitted on the Letter Head of the Bidder)
LETTER OF APPLICATION/COVERING LETTER (Date and Reference)
To, Chief Executive Officer Siliguri Jalpaiguri Development Authority Tenzing Norgey Central Bus Terminus Tenzing Norgey Road (Hill Cart Road) Pradhan Nagar Siliguri - 734003
Sub: Disposal of land at Uttorayon on long term lease basis
Dear Sir/Madam
With reference to your RFP Documents dated DD/MM/YYYY, I/We, having examined all relevant documents and understood their content, hereby submit our Bid for the Land at Uttorayon. The proposal is unconditional and unqualified.
1. I/We acknowledge that the Authority will be relying on the information provided in the Proposal and the documents accompanying the Proposal for selection of the Bidder and we certify that all information provided in the Proposal and in the Appendix is true and correct and documents accompanying such Proposal are true copies of their respective originals.
2. I/We acknowledge the right of the Authority to reject our application without assigning any reason or otherwise waive our right to challenge the same on any account whatsoever.
3. I/We certify that in the last three years, we or any of our Associates have neither failed to perform any contract as evidenced by imposition of penalty or by an arbitral or judicial authority or a judicial pronouncement or arbitration award
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against the Applicant or by any PSU nor been expelled from any project or contract by any public authority or have had any contract terminated by any public authority for breach on our part.
4. I/We declare that:
(a) I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, in respect of any tender or request for proposal issued by or any agreement entered into with the Authority or any public sector enterprise or any government, Central or State; and (b) I/We hereby certify that we have taken steps to ensure that in conformity with the provision of the RFP, no person acting for us or on our behalf will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice.
5. I/We understand that the Authority may cancel the Selection Process at any time and that the Authority is neither bound to accept any Proposal nor to select the Preferred Bidder, without incurring any liability to the Applicants.
6. I/We certify that in regard to matters other than security and integrity of the country, we or any of our Associates have not been convicted by a Court of Law or indicted or adverse order passed by a regulatory authority which would cast a doubt on our ability to undertake the Consultancy for the Project or which relates to a grave offence that outrages the moral sense of the community.
7. I/We further certify that in regard to matters relating to security and integrity of the country, we have not been charge-sheeted by any agency of the Government or convicted by a Court of Law for any offence committed by us or by any our Associates.
8. I/We further certify that no investigation by a regulatory authority is pending either against us or against our Associates or against our CEO or any Directors/Managers/employees.
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9. I/We hereby irrevocably waive any right or remedy which we may have at any stage under law or howsoever otherwise arising to challenge or question any decision taken by the Authority in connection with the selection or in connection with the Selection Process itself in respect of the above mentioned Disposal of Land.
10. I/We agree and understand that the proposal is subject to the provision of the RFP document. In no case, shall I/We have any claim or right of whatsoever nature, if the allotment of land is not awarded to me/us or our proposal is not opened or rejected.
11. I/We enclose with our bid an Earnest Money Deposit(EMD) in the form of Demand Draft/ Bank Guarantee from a Nationalized/Scheduled Bank vide reference no……………………….
12. I/We agree to keep this offer valid for not less than 6 months from the PDD specified in the RFP.
13. A Power of Attorney in favour of the authorized signatory to sign and submit this Proposal and documents is attached herewith in Annexure III/IV.
14. The Financial/Price Bid is being submitted in separate cover. This Technical Proposal read with the Financial Proposal shall constitute the Application which shall be binding on us.
15. I/We agree and undertake to abide by all the terms and conditions of the RFP Document.
16. In witness thereof, I/we submit this Proposal under and in accordance with the terms of the RFP Document. Yours faithfully,
(Signature, name and designation of the authorised signatory) (Name and seal of the Applicant)
ANNEXURE II
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(To be submitted on the Letter Head of the Bidder)
INFORMATION OF THE BIDDER
Sl. Particulars Details No. 1. Basic Information of Organization a) Name of Firm b) Status in the Project Single Bidder/Lead Consortium Member/Other Consortium Member (Strike out whichever is not applicable) c) Country of incorporation d) Address of the corporate headquarters and its branch office(s), if any, in India. e) Date of incorporation and / or commencement of business f) Ownership of the Organization ( List of 1. Stakeholders/members who own 10% or more 2. stocks & their interest in the company 3. g) List of current directors h) Other key management personnel 2. Brief description of the Company including details of its main lines of business. 3. Proposed role and responsibilities of the Company in this project 4. Details of individual(s) who will serve as the point of contact/communication within the Company: a. NAME : b. DESIGNATION : c. COMPANY/ FIRM : d. ADDRESS : e. TELEPHONE NUMBER: f. EMAIL ADDRESS : g. FAX NUMBER : h. MOBILE NUMBER : Note: In case of a Consortium, the information above ( 1-4) should be provided for all the members of the consortium in separate sheets.
Certified that:-
(i) In case our offer is accepted and if we fail to pay the amount in the manner to be specified by SJDA in the “Letter of Acceptance”, the amount of Earnest Money
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RFP document for Disposal of Land on Long Term Lease Basis
Deposit and any further instalments paid by us under this offer shall stand absolutely forfeited by SJDA.
(ii) I/We agree to abide by the decision of SJDA, Darjeeling.
(iii) I/We have read and understood terms and condition and hereby unequivocally and unconditionally accepted the same.
SIGNATURE : ______
NAME : ______
DESIGNATION :______
COMPANY SEAL COMPANY : ______
DATE : ______
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RFP document for Disposal of Land on Long Term Lease Basis
ANNEXURE – III.
(On Stamp Paper of Rs. 100/-)
POWER OF ATTORNEY
TO WHOMSOEVER IT MAY CONCERN
Mr./ Ms.------(Name of the Person) domiciled at------(Address) acting as------(Designation and name of the firm), and whose signature is attested below, is hereby authorized on behalf of------(Name of the Bidder) to sign, and execute Agreements, Documents, Endorsements, Writings etc as may be required by Siliguri Jalpaiguri Development Authority (SJDA) or any governmental authority for disposal of 11.66 acre land at Uttorayon on long term lease basis and is hereby authorized to sign and file relevant documents in respect of the above.
(Attested signature of Mr./ Ms.------)
------
Name of Designated Person
------
Signature of authorized Person
------
Name of the Bidder
(Please provide the original on the stamp paper.)
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RFP document for Disposal of Land on Long Term Lease Basis
ANNEXURE IV
(On Stamp Paper of Rs. 100/-)
POWER OF ATTORNEY FOR CONSORTIUM
TO WHOMSOEVER IT MAY CONCERN
WHEREAS we have decided to participate in the bidding process for the “Disposal of 11.66 acre land at Uttorayan under Siliguri Jalpaiguri Development Authority on long term lease basis” (the “Project”) as member of ------[name of the Consortium/JV] independently, we, ------[name of authorising company/agency], a ------incorporated under the laws of ------, the registered address of which is ------, to lawfully represent and act on our behalf as the Lead Member of the Consortium/JV to sign any qualification statement, proposal, conduct negotiations, sign contracts, incur liabilities and receive instructions for us and on our behalf and execute all other necessary matters in connection with the Project. We hereby confirm that we are jointly and severally liable, together with other members of the Consortium/JV, to the SJDA for all of the obligations of the Consortium/JV in respect of our qualification statement, technical and financial Proposal for the Project, in accordance with the RFP document for the Project issued on ------and as amended prior to date hereof
We hereby ratify and confirm that all acts done by our said Attorney ------(name of lead member) shall be binding on us as if the same has been done by us personally. We hereby also ratify and confirm that if we are selected as Successful Bidder, we shall incorporate a Special Purpose Company under the Companies Act, 1956 as per the following shareholding pattern:
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RFP document for Disposal of Land on Long Term Lease Basis
Party % Shareholding
IN WITNESS WHEREOF, we have hereunto set our respective hands this ------day of ------2014 in the presence of the following witnesses
Witness 1 Witness 2
Signature ------Signature ------
Name ------Name ------
Address ------Address ------
By ------[the Authorising Company]
Signature ------[Signature of authorised signing officer]
Name ------[Name of authorised signing officer]
Title ------[Title of authorised signing officer]
(Please provide the original on the stamp paper.)
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RFP document for Disposal of Land on Long Term Lease Basis
ANNEXURE – V
BANK GUARANTEE
(To be issued by Scheduled Indian Bank)
B.G. No ------Dated ------
The Deed of Guarantee made between ------(Name of Bank) having its registered office at ------and Head Office at ------(place) and wherever the context so required shall include its successors and assignees (hereinafter called "The Surety/ Bank") and Siliguri Jalpaiguri Development Authority (SJDA) having its office at Tenzing Norgey, Central Bus Terminus, Tenzing Norgey Road (Hill Cart Road), Siliguri – 734403, Dist.: Darjeeling, West Bengal, India, wherever the context so requires shall include its successors and assignees (hereinafter called "The Client").
Whereas M/s. ------having its registered office at ------and wherever the context so required include their successors or assigns (hereinafter called "Bidder"), have bid for disposal of 11.66 acre land at Uttorayan on long term lease basis.
Whereas Client have sought EMD in the form of unconditional and irrevocable Bank Guarantee equivalent to sum of Rs. ------(Rupees ------only) as EMD for continued interest of the Bidder for the Project.
Now this Deed witnessed that in consideration of the said Bank having agreed on the request of the Bidder to stand as Surety for payment of Rs. ------(Rupees ------only) as EMD to Client towards continued interest of the Bidder subject to the following conditions:
a) We, ------(Name of the Bank) do hereby undertake to pay to the client an amount not exceeding Rs. ------(Rupees ------only) as EMD against breach by the said Bidder of any of the terms and/ or conditions contained in the Bid Document and other prior/ post
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RFP document for Disposal of Land on Long Term Lease Basis
communications. The decision of the client as to any such breach having been committed shall be absolute and binding on us.
b) We, ------(Name of Bank) do hereby undertake to, without any reference to the Bidder or any other person and irrespective of the fact that whether any dispute is pending between Client and Bidder before any court or tribunal or arbitrator relating thereto, pay the amount due and payable under this guarantee without any demur, merely on a demand from the Client stating that the amount claimed is due by reason of any breach by the said Bidder of any of the terms and conditions contained in the said Bid Document or by reason of the said Bidder's failure to perform the covenants of the same. Any such demand made on the Bank shall be conclusive, absolute and unequivocal as regards the amount due and payable by the Bank under this guarantee. However, Bank's liability under this guarantee shall be restricted to an amount not exceeding Rs. ------(Rupees ------only). c) We, ------(Name of Bank) further agree that the guarantee herein contained shall remain in full force for a period of 6 months from ------unless a demand or claim under this guarantee is made on the Bank in writing on or before ------. Thereafter, the Bank shall be discharged from all liabilities under this guarantee unless otherwise further extended by the Bank.
d) In order to give full effect to the guarantee herein contained Client shall be entitled to act as if we, ------(Name of Bank) are Client’s principal debtor in respect of all Client claims against the Bidder hereby guaranteed by us as aforesaid and we hereby expressly waive all our rights or surety ship and other rights, if any, which are in any way inconsistent with the above or any other provision of this guarantee. The Bank's guarantee to pay hereunder will not be determined or affected by Client 's proceeding against the Bidder and the Bank will be liable to pay the said sum as and when demanded by Client merely on first demand being made on the Bank by Client and even before any legal or other proceedings taken against the Bidder. Any letter of demand delivered at the Bank's above branch in India under the Seal of Client shall be deemed to be sufficient under this guarantee.
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RFP document for Disposal of Land on Long Term Lease Basis
e) We, ------(name of the Bank) further agree that Client shall have the fullest liberty without our consent and without effecting in any manner our obligation hereunder to vary, any of the terms and conditions or to extend time of performance by the said Bidder from time to time or to postpone for anything or from time to time any of the powers exercisable by Client against the said Bidder and to forebear or enforce any of the terms and conditions and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Bidder or for any of the forbearance, act, or omission on the part of the Client or any indulgence of Client to the said Bidder or any such matter of things whatsoever which under the law relating to the sureties would but for this provision have effect of so relieving us. f) This guarantee herein contained would come into force from the date of issue and would not be affected by any change in the constitution of the Bidder or ourselves or liquidation or winding up or dissolution or insolvency of the Bidder nor shall it be affected by any change in Client 's constitution or by any amalgamation or any absorption thereof or therewith, but shall ensure for and be available to and enforceable by absorbing or amalgamated Client or concern till the payment of the amount exceeding Rs.------(Rupees ------only) is made by the Bank.
g) We, ------(Name of the Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of Client in writing. h) For the purpose of enforcing legal rights in respect of this guarantee, courts in Darjeeling alone shall have jurisdiction. The Bank has powers to issue this guarantee in favour of. ------and the undersigned has full powers to do so under Power of Attorney dated ------granted to him by the Bank.
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RFP document for Disposal of Land on Long Term Lease Basis
In witnesseth I ------son of ------(Designation) Branch------! Division ------and constituted attorney of the said bank has set his signatures and Bank seal on this guarantee which is being issued on appropriate value of non-judicial stamp as per Stamp Act prevailing in ------, this ------(date) ------(Month), Year.
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RFP document for Disposal of Land on Long Term Lease Basis
ANNEXURE VI
(To be submitted on the Letter Head of the Bidder)
FINANCIAL PERFORMANCE
Net worth during the last 3 financial years (Rs. in Lakh)
Sl. No. 2010-11 2011-12 2012-13 Average of 3 years
Annual Turnover during the last 3 financial years (Rs. in Lakh)
Sl. No. 2010-11 2011-12 2012-13 Average of 3 years
SIGNATURE : ______
NAME : ______
DESIGNATION :______
COMPANY SEAL COMPANY : ______
DATE : ______
ANNEXURE VII
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RFP document for Disposal of Land on Long Term Lease Basis
(To be submitted on the Letter Head of the Bidder) PRICE BID
Reference No: Date:
To, Chief Executive Officer Siliguri Jalpaiguri Development Authority Tenzing Norgey Central Bus Terminus Tenzing Norgey Road (Hill Cart Road) Pradhan Nagar Siliguri - 734003
Subject: Disposal of land at Uttorayon on long term lease basis
I/We the undersigned, submit our Financial bid for the above in accordance to the RFP document. Our attached financial proposal is as follows:
Lease Premium:
Rs. In Figure: Rs. In Words:
In case of any discrepancy in the values, the amount quoted in words will be considered.
Our Financial Proposal will be binding on us subject to the modifications resulting from negotiations for a period of 180 days from the Proposal Due Date.
I/We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act, 1988”.
I/We understand you are not bound to accept any Proposal you receive.
Yours Sincerely
Authorized Signature Name and Title of Signatory Name of Firm Address:
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RFP document for Disposal of Land on Long Term Lease Basis
ANNEXURE VIII GUIDELINES FOR BIDDERS
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