REQUEST FOR QUALIFICATION Development of Eluru as a Smart City on Public Private Partnership (PPP) mode through Swiss Challenge Approach under the Andhra Pradesh Infrastructure Development Enabling Act (APIDEA), 2001 & Amendment - Act No. 3 of 2017 August 2018 Eluru Smart City Corporation Limited Eluru, Andhra Pradesh REQUEST FOR QUALIFICATION Development of Eluru City as a Smart City on Public Private Partnership (PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001 & Amendment – Act No. 3 of 2017 ELURU SMART CITY CORPORATION LIMITED (ESCCL) O/o Municipal Commissioner, Eluru Municipal Corporation, Eluru, Andhra Pradesh – 534001 NIT No: ESCCL/Eluru Smart City/01 Date: 3rd August 2018 NOTICE INVITING TENDER THROUGH INTERNATIONAL COMPETITIVE BIDDING FOR THE SELECTION OF DEVELOPER FOR DEVELOPMENT OF ELURU AS A SMART CITY ON PUBLIC PRIVATE PARTNERSHIP (PPP) MODE THROUGH SWISS CHALLENGE APPROACH UNDER THE ANDHRA PRADESH INFRASTRUCTURE DEVELOPMENT ENABLING ACT (APIDEA), 2001 & AMENDMENT - ACT NO. 3 OF 2017 1. The Government of Andhra Pradesh (GoAP) intends to develop Eluru city as a Smart City and has constituted an SPV (Special Purpose Vehicle) in the name and style of Eluru Smart City Corporation Limited (ESCCL) vide order G.O.Ms. No. 9 MA&UD (UBS) Dept.; Dated: 02nd January 2017. GoAP has accorded permission to ESCCL to adopt the Swiss Challenge approach for the selection of a developer for Eluru Smart city (Developer) and to consider the Expression of Interest submitted by M/s Shapoorji Pallonji and Company Pvt. Ltd. (The Original Project Proponent - OPP) vide order G.O.Ms. No. 58 MA&UD (UBS) Dept.; dated 08th February 2017. Andhra Pradesh Urban Infrastructure Asset management Limited (APUIAML) is the Transaction Advisor & PMC to ESCCL for the subject project. 2. A detailed proposal for development of Eluru as a Smart City was submitted by the Original Project Proponent to ESCCL. The GoAP vide G.O.Ms. No. 250 MA&UD (UBS) Dept.; Dated 31st July 2018 has approved the detailed proposal of Original Project Proponent for development of Eluru as smart city through Swiss challenge route and also approved the issue of tender document to invite the counter proposals. 3. ESCCL through this NIT invites competing counter proposals through International Competitive Bidding, from eligible bidders for selection of Developer for the above mentioned Eluru Smart City project. 4. ESCCL proposes to adopt a two-stage bidding process for this purpose. The first stage involves qualification of bidders who make an application in accordance with the provision of the Request for Qualification (RFQ) document. Qualified bidders shall be eligible for participation in the second stage of the bidding process. i.e., Request for Proposal (RFP). In the second stage, the RFP document including the commercial bid submitted by the ‘Original Project Proponent’ shall be made available to the qualified bidders. 5. The RFQ document along with the Project information can be accessed from http://eluru.cdma.ap.gov.in/ and http://www.apurban.com/ starting at 16:00 Hrs. (IST) from 6th August 2018 subject to terms and conditions set out therein. RFQ submissions are required to be sent/submitted to the address mentioned in the RFQ and the last date for submission is 16:00 Hrs. (IST) on 4th September 2018. For queries please write to: [email protected] Contact: Mr. Bashir A. Shirazi, +91 9985502547 Andhra Pradesh Urban Infrastructure Asset management Limited (APUIAML) Sd/- Chairman, ESCCL, Eluru Eluru Smart City Corporation Limited Page 2 of 123 REQUEST FOR QUALIFICATION Development of Eluru City as a Smart City on Public Private Partnership (PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001 & Amendment – Act No. 3 of 2017 DISCLAIMER 1. The information contained in this Request for Qualification document ("RFQ") or subsequently provided to Applicants (“Bidders”), whether verbally or in documentary or any other form by or on behalf of Eluru Smart City Corporation Limited (ESCCL) (herein after referred to as the "Authority") or any of its employees, is provided to Bidders on the terms and conditions set out in this RFQ and such other terms and conditions subject to which such information is provided. 2. This RFQ is neither an agreement nor an offer by the Authority to the prospective Bidders or any other person. The purpose of this RFQ is to provide interested parties with the information that may be useful to them in the formulation & submission of their Proposals pursuant to this RFQ. 3. This RFQ 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. 4. This RFQ may not be appropriate for all persons, and it is not possible for the Authority and its employees to consider the objectives, technical expertise and particular needs of each party who reads or uses this RFQ. The assumptions, assessments, statements and information contained in this RFQ, 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 and information contained in this RFQ and obtain independent advice from appropriate sources. Information provided in this RFQ to the Bidders may be on a wide range of matters, some of which may depend upon interpretation of law. The information given is not intended to be an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. The Authority accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on the law expressed herein. 5. The Authority and its employees / 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 RFQ or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the RFQ and any assessment, assumption, statement or information contained therein or deemed to form part of this RFQ or arising in any way in this Selection Process/ Tender Process (hereinafter defined). 6. The possession or use of this RFQ in any manner contrary to any applicable law is expressly prohibited. The Bidders shall inform themselves concerning, and shall observe any applicable legal requirements. The information does not purport to be comprehensive or to Eluru Smart City Corporation Limited Page 3 of 123 REQUEST FOR QUALIFICATION Development of Eluru City as a Smart City on Public Private Partnership (PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001 & Amendment – Act No. 3 of 2017 have been independently verified. Nothing in this RFQ shall be construed as legal, financial or tax advice. 7. The Authority also accepts no liability of any nature whether resulting from negligence or otherwise however caused arising from reliance of any Bidder upon the statements contained in this RFQ. 8. The Authority may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumption contained in this RFQ. The issue of this RFQ does not imply that Authority is bound to select an Applicant/Bidder or to appoint the Selected Applicant/Bidder, as the case may be, for the development of the project and the Authority reserves the right to reject all or any of the Proposals without assigning any reasons whatsoever including the right to close the Tender Process or annul the Tender Process at any time, without incurring any liability or being accountable to any person(s) in any manner whatsoever. 9. The issue of this RFQ does not imply that the Authority is bound to select a firm/ consortium or to enter into any contract with the Selected Bidder or with the Concessionaire, as the case may be, for the Project and the Authority reserves the right to reject all or any of the Bidders or Bids, at any stage of the Bidding Process, without assigning any reason whatsoever including the right to close the Tender Process or annul the Tender Process at any time, without incurring any liability or being accountable to any person(s) in any manner. 10. Each Bidder shall bear all its costs associated with or relating to the preparation and submission of its Bid including but not limited to analysis, 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 Bid. All such costs and expenses will remain the responsibility of the Bidder and the Authority shall not be liable in any manner whatsoever for the same and/or for any other costs or other expenses incurred by a Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of the Bidding Process. 11. Laws of the Republic of India are applicable to this RFQ. Eluru Smart City Corporation Limited (ESCCL) Eluru Smart City Corporation Limited Page 4 of 123 REQUEST FOR QUALIFICATION Development of Eluru City as a Smart City on Public Private Partnership (PPP) Mode through Swiss Challenge Approach under the APIDEA, 2001 & Amendment – Act No. 3 of 2017 INVITATION FOR TENDER THROUGH INTERNATIONAL COMPETITIVE BIDDING FOR SELECTION OF DEVELOPER Development of Eluru as a Smart city on Public Private Partnership (PPP) Mode through Swiss Challenge Approach under the APIDE Act, 2001 & Amendment – Act No. 3 of 2017 Date: 06th August 2018 Background 1.