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MMRDA Convention & Exhibition Centre, Commercial
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Tender Booklet No.:
INTERNATIONAL FINANCE AND BUSINESS CENTRE
BANDRA -KURLA COMPLEX, MUMBAI
A PLOT FOR CONVENTION AND EXHIBITION CENTRE & COMMERCIAL
COMPLEX
ON LEASE
MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY, MMRDA OFFICE
BUILDING, E-BLOCK, BANDRA-KURLA COMPLEX, MUMBAI - 400 051
Telephone No.: 2659 1236, 2659 4084Fax No : 2659 1264
E-mail: [email protected]
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MMRDA Convention & Exhibition Centre, Commercial
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TABLE OF CONTENTS
1. REQUEST FOR PROPOSAL
................................................................................................................
4
BANDRA KURLA
COMPLEX........................................................................................................................
4DETAILS OF RFP
.........................................................................................................................................
4SALE OF BID
DOCUMENTS........................................................................................................................
4SUBMISSION OF BIDS
................................................................................................................................
4
2. DISCLAIMER
.......................................................................................................................................
5
3.
DEFINITIONS.......................................................................................................................................
6
4. PROJECT
LOCATION.........................................................................................................................
8
BACKGROUND.............................................................................................................................................
8CONCEPT OF THE CONVENTION & EXHIBITION CENTRE (C&EC)
.......................................................
8PARTICULARS OF
LAND.............................................................................................................................
9
5. CONVENTION & EXHIBITION CENTRE AREA SPECIFICATIONS
............................................... 10
CONVENTION
AUDITORIUM.....................................................................................................................
10EXHIBITION
AREAS.......................................................................................................................................
AREA STATEMENT FOR THE C&EC CONTD.
.........................................................................................
11
PERMITTED
VARIATIONS.........................................................................................................................
14CONSTRUCTION REGULATIONS
............................................................................................................
15
6. COMMERCIAL
CONSIDERATIONS.................................................................................................
17
TIME
PERIODS...........................................................................................................................................
18PROJECT STRUCTURE
............................................................................................................................
18
7. SUBMISSION AND EVALUATION OF
BIDS....................................................................................
19
SUBMISSION OF BIDS
..............................................................................................................................
19INITIALLING OF THE BIDS
........................................................................................................................
20RESPONSIVENESS OF BID
......................................................................................................................
20EVALUATIONS OF
BIDS............................................................................................................................
21STEP 1 (COVER 1) COMPLIANCE WITH MINIMUM ELIGIBILITY CRITERIA
...................................... 23STEP 2 (COVER 2) FINANCIAL
BID.......................................................................................................
24STEP 3 (COVER 3) - EVALUATION OF TECHNICAL AND BUSINESS PROPOSAL
.............................. 25TIME
TABLE................................................................................................................................................
26
8. GENERAL INFORMATION TO THE BIDDER
...................................................................................
27
PRE-BID
MEETING.....................................................................................................................................
27SITE VISIT AND SURVEY
..........................................................................................................................
27INSTRUCTIONS TO BIDDERS
..................................................................................................................
27VALIDITY OF TERMS OF THE
BID............................................................................................................
30FEES AND DEPOSITS TO BE PAID BY THE
BIDDERS...........................................................................
30EARNEST MONEY DEPOSIT:
...................................................................................................................
30COMMENCEMENT GUARANTEE
.............................................................................................................
31COMPLETION GUARANTEE
.....................................................................................................................
31
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MMRDA Convention & Exhibition Centre, Commercial
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9. EXHIBITS
...........................................................................................................................................
32
PRINCIPLES OF THE MEMORANDUM OF UNDERSTANDING TO BE EXECUTED
BETWEEN THEMEMBERS OF A CONSORTIUM
(Exhibit-.1).............................................................................................
32FORMAT OF THE COVERING LETTER (Exhibit-2)
.................................................................................
33FORMAT OF THE LETTER OF COMMITMENT
(Exhibit-3).......................................................................
35FORMAT OF LETTER OF ACCEPTANCE (Exhibit-4)
...............................................................................
37Description of the Bidding Company / Bidding Consortium
(Exhibit-5).......................................................
39Cover 1: Format for Information Submission: Minimum Eligibility
Criteria (Exhibit-6) ................................ 40Cover 3
Format for BUSINESS PROPOSAL (Exhibit-7)
.........................................................................
42FORM OF BID (Exhibit-8)
...........................................................................................................................
44Location plan
(Exhibit-9)..............................................................................................................................
48Block plan (Exhibit-10) ........ . 49
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MMRDA Convention & Exhibition Centre, Commercial
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MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY(MMRDA)
Grant of Lease of Land for developing and operating a Convention
&Exhibition Centre , Commercial Complex at Bandra-Kurla
Complex,
Mumbai, India
1. REQUEST FOR PROPOSAL
BANDRA KURLA COMPLEX
1.1 Mumbai Metropolitan Region Development Authority (MMRDA)
constituted under theMumbai Metropolitan Region Development
Authority Act, 1974 has been developingBandra- Kurla Complex (BKC)
as a Finance and Business District Centre at centrallylocated place
in Greater Mumbai. A large number of financial institutions and
bankssuch as UTI, ICICI, IL&FS, NABARD, NSE, BOB, BOI, CITI
Bank, SBI, Dena Bank,SEBI have already established their offices in
BKC. Others like SIDBI, Punjab NationalBank and Canara Bank have
committed to establish their offices in BKC. BKC is thusemerging as
a new business district of Mumbai. Considering the potential
forConvention and Exhibition Centre in such a business district,
MMRDA has reserved aplot of land of 7.5 ha. MMRDA now proposes to
allocate a plot of land of 5.5 ha. forsuch development of
Convention & Exhibition Centre and also proposes to allocatea
plot of land of 2.00 ha for a Commercial Complex, thus totalling
7.5 ha. MMRDAnow invites bids for grant of lease of land for
development, operation and Maintenanceof the Convention &
Exhibition Centre and Commercial Complex in BKC as set out inthis
Request for Proposal (RFP) for grant of lease of land.
DETAILS OF RFP1.2 This Document is in two volumes:
Volume I: Request for Proposal (RFP)
Volume II: MMRDA (Disposal of Land) Regulations including
the
Draft Lease Deed and Development Control Regulations for
BKC.
SALE OF BID DOCUMENTS
1.3 The Bid Document will be available at a price of Rs.25,000/-
(Rupees Twenty FiveThousand only) non-refundable payable in Mumbai
by a Demand Draft drawn infavour of MMRD Fund, from the office of
the
Lands Manager4th Floor, MMRDA Building
Bandra Kurla Complex, Bandra (East) Mumbai 400 051Telephone :
26594099, Fax : 26594178/26591264
Email : mmrda @ giasbm01.vsnl.net.in
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MMRDA Convention & Exhibition Centre, Commercial
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SUBMISSION OF BIDS
1.4 The schedule of sale of RFP Documents and Submission of Bids
is given below;
Sr.No Activity Date and Time
1 Sale of RFP Documents 21 November, 2005 to 22 December
2005
2 Pre Bid Conference 1.00 p.m., 21 December 2005
3 Last date of receipts ofBids
12.00p.m., 22 December 2005
4 Opening of Bids 4.00p.m., 29 December 2005
Metropolitan Commissioner
Mumbai Metropolitan Region Development Authority
Bandra- Kurla Complex, Bandra (East)
Mumbai 400051
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2. DISCLAIMER
2.1 Though adequate care has been taken in the preparation of
this Request for ProposalDocument, the Bidder should satisfy
himself that the Document is complete in allrespects. Intimation of
discrepancy, observed if any, should be given to the
officementioned below immediately.
Metropolitan CommissionerMumbai Metropolitan Region Development
Authority
Bandra-Kurla Complex, Bandra (East) Mumbai 400051Fax No.: 00 91
22 26594178, 26591264.
If this office receives no intimation by the date, which is 7
days prior to pre-bidconference, it shall be presumed that the
Bidder is satisfied that this Request forProposal Document is
complete in all respects.
2.2 Neither MMRDA, nor their employees make any representation
or warranty as to theaccuracy, reliability or completeness of the
information in this RFP nor is it possible forMMRDA to consider the
investment objectives, financial situation and particular needsof
each party who reads or uses this RFP. MMRDA recognises the fact
that certainprospective Bidders may have a better knowledge of the
Project than others and thusencourages all prospective Bidders to
conduct their own investigations and analysisand check the
accuracy, reliability and completeness of the information in this
RFPand obtain independent advice from appropriate sources.
2.3 Neither MMRDA nor their employees will have any liability to
any prospective Bidder orany other person under the law of
contract, tort, the principles of restitution or unjustenrichment
or otherwise for any loss, expense or damage which may arise from
or beincurred or suffered in connection with anything contained in
this RFP, any matterdeemed to form part of this RFP, the award of
the Project and any other informationsupplied by or on behalf of
MMRDA or their employees or otherwise arising in any wayfrom the
selection process for the Project.
2.4 MMRDA reserves to itself the right to reject any or all of
the Bids submitted inresponse to this Request for Proposal at any
stage without assigning any reasonswhatsoever.
2.5 MMRDA reserves to itself the right to change any or all of
the provisions of thisRequest for Proposal. Such changes will be
intimated to all parties procuring thisRequest for Proposal prior
to pre-bid conference.
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MMRDA Convention & Exhibition Centre, Commercial
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3. DEFINITIONS
3.1 Arbitrator:The Arbitrator is the person appointed by MMRDA
to resolve disputes as provided inclause 8.30 of section 8.
3.2 Authority:Authority means the Mumbai Metropolitan Region
Development Authority
3.3 Bid :Bid means the proposal submitted by the intending
bidder in response to this Requestfor Proposal Document issued by
MMRDA.
3.4 Bidder: Bidder means the Bidding Company or Bidding
Consortium, as defined below, whichhas submitted a Bid in response
to this Request for Proposal Document.
3.5 Bidding Company:If a single corporate entity makes the Bid
for the Project, it shall be referred to as aBidding Company.
3.6 Bidding Consortium: If the Bid for the Project is made
jointly by more than one entity, then this group of
entities shall be referred to as Bidding Consortium and such
entities shall be referredto as Consortium Members. Bidding
Consortium will have to incorporate an SPV priorto grant of
Lease.
3.7 Critical Clearances:Critical clearances means all such
clearances, licenses and permits, the obtaining ofwhich are
Conditions Precedent to the construction of the Facility.
3.8 Document / Bid Document:Document / Bid Document means this
Request for Proposal Document which has tobe submitted.
3.9 Financially Significant Consortium Member: Member with at
least 15% equity in the SPV would be referred to as Financially
Significant Consortium Member.
3.10 Lessee:Lessee means the successful bidding company or SPV
with which MMRDA entersinto a Lease Deed.
3.11 Lease deed: The deed of grant of lease of land under this
invitation of bids to be entered into
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MMRDA Convention & Exhibition Centre, Commercial
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between MMRDA and the Successful Bidder.
3.12 Lead Consortium Member: In case of a Bidding Consortium the
Lead Consortium Member shall be that
Financially Significant Consortium Member with the largest but
at least 26% equitystake in the proposed SPV and is vested with the
prime responsibility of developingthe Project and would require to
be declared as such in the Consortium-MOU to beexecuted between the
Consortium Members as per format presented in Exhibit 1.
The Lead Consortium Member shall be the authorised
representative of the BiddingConsortium and shall be liable to
MMRDA for all the obligations till the execution ofthe Lease
Deed.
The Lead Consortium Member shall necessarily be a company -
private limited or apublic limited.
3.13 Project:To design, finance, construct, operate, maintain
and market the Convention &Exhibition Centre & Commercial
Complex on the land leased by the MMRDA accordingto the conditions
of this Document and the Lease Deed to be entered into with
MMRDA.
3.14 Special Purpose Vehicle (SPV): SPV shall mean the new
corporate entity to be established by the Selected Bidder to
serve as the Special Purpose Vehicle for the execution of the
Project. In case of aselected bidder being Bidding Company it will
have to continue to hold at least 51% inthe equity in the
Convention & Exhibition Centre project for a period not less
than 20years from zero date. If the selected bidder is a Bidding
Consortium it will have toestablish the SPV according to the equity
structure mentioned in the MOU in case ofa selected bidder being
Bidding consortium, all the Financially Significant
Consortiummembers including the Lead consortium member will have to
continue to hold theirequity in the SPV for Convention &
Exhibition Centre for a period not less than 20years from zero
date.
3.15 Responsive Bidder:Responsive Bidder is one whose proposal
is found responsive after evaluation of thebid as outlined in
Section 7.
3.16 Rank 1 Bidder:The Bidder selected and ranked as no.1
according to the evaluation criteria asdetailed in Section 7 for
grant of lease of land.
3.17 Zero Date: "Zero Date" means the date of issue of
Commencement Certificate (issued undersection 45 of the Maharashtra
Regional and Town Planning Act, 1966) to the proposeddevelopment or
a date after the efflux of nine months from the date of execution
of theLease Deed, whichever is earlier.
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4. PROJECT LOCATION
BACKGROUND
4.1 The MMRDA is a statutory body constituted under the
provisions of Mumbai MetropolitanRegion Development Authority Act
1974. The MMRDA is also appointed as the SpecialPlanning Authority
appointed under section 40 of the Maharashtra Regional and
TownPlanning Act, 1966 for Bandra -Kurla Complex Notified Area by
the State Governmentand is engaged in promoting the planned and
orderly development of the notified area.
4.2 The International Finance and Business Centre (IFBC) is a
part of Bandra-KurlaComplex. IFBC spread over an area of 130
hectares & already has leading financialinstitutions like
ICICI, UTI, Citibank, IL&FS, NSE, NABARD, BOB, SBI, SEBI BOI,
DenaBank, operating in this Centre. Similarly leading banks like
and are in the process ofdeveloping their office buildings.
A large Diamond Bourse and a 440 room Trident (Oberoi) hotel are
nearing completionunder construction. The IFBC has thus emerged as
the new finance and business districtof Mumbai. The total
employment of IFBC is expected to be around 150,000
CONCEPT OF THE CONVENTION & EXHIBITION CENTRE (C&EC)
4.3 Recognising the need of the Convention & Exhibition
facilities in such a businessdistrict, MMRDA has decided to promote
the establishment of a state-of-the-artConvention & Exhibition
Centre, that will be a first of its kind in the country. As
WesternIndia has no major Convention & Exhibition Centre, it is
expected that Convention &Exhibition Centre would meet the
growing needs not only of Mumbai city but also of theentire
country. It has the following advantages :
A central location at the junction of the downtown and uptown
areas of the city,in close proximity to Mumbais airport, that will
be further enhanced with thedevelopment of the Western Freeway
(presently under construction).
A large unencumbered site in a well-planned area of the city. A
substantial hotel room cluster with the 440 room Trident Oberoi in
the nearby
location (adjacent to the site), 770 room Grand Hyatt just to
the north, 505 roomTaj Lands End in Bandra (West) and the large
hotel room clusters near theairports and in Juhu.
A market with considerable latent demand, especially for
exhibition space, dueto lack of suitable facilities.
A large economy with Mumbai being at its commercial centre.
Strong space rental rates for exhibition spaces that compare
favourably with
other centres in South East Asia. Construction costs in Mumbai
and the country are still lower than in most parts
of the world.
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MMRDA Convention & Exhibition Centre, Commercial
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PARTICULARS OF LAND4.4 Out of plot No. C-64 land admeasuring
55000 sq.m. is allocated for Convention &
Exhibition Centre and 20,000 sq.m. is allocated for Commercial
Complex for its useas described in Section 5 & 6 of this
RFP.
4.5 The plots in the International Finance & Business Centre
are already developed withroads, storm water drainage, water supply
and underground sewerage. The Lessee willhave to apply for power
supply, gas & telephone facilities, easily available in the
area, tothe appropriate authorities.
4.6 The plot is situated at a distance of 200 m. from the High
Tide Line along the MahimCreek delineated by the Chief
Hydrographer, Government of India. For CRZ purposesthe width of
adjoining Mahim Creek governs the width of CRZ. The distance of 200
m.is more than the width of the creek. The plot is therefore
outside the ambit of CoastalRegulation Zone as prescribed by the
Ministry of Environment and Forest. TheCoastal Zone Management Plan
(CZMP) based on this has also been approved by theMinistry of
Environment and Forest
4.7 The land put to bidding is situated in Greater Mumbai and
falls within the purview of theUrban Land (Ceiling &
Regulation) Act, 1976. The Lessee will be granted exemptionunder
Section 20 thereof to hold the land on lease.
4.8 The development of infrastructure will proceed in accordance
with and subject to plansand programmes of the Metropolitan
Authority subject however to any unforeseencontingencies. Failure
to accomplish such plans or non-availability of the
infrastructureamenity will not relieve the Lessee of the
obligations devolving upon him.
4.9 Though the F.S.I. permissible for commercial use in BKC is
2.00. The plots of land forConvention & Exhibition Centre and
Commercial Complex are not being offered fordevelopment with 2.00
FSI but are being offered with fixed built up area as
describedbelow:
(i) The Plot of land admeasuring 55,000m2 is designated as
Commercial &Exhibition Centre and
(ii) Plot of land admeasuring 20,000m2 is designated as
Commercial Complex.The total built up area being made available for
Convention & ExhibitionCentre is 65,000 m2 and the total built
up area being made available forCommercial Complex is 50,000 m2.
The grand total of built up area beingmade available for (i) and
(ii) is 1,15,000 m2. In this case the total plot of landis (i)
55,000 m2+ (ii) 20,000 m2 = 75,000 m2 and the total built up area
beingmade available in this RFP is 1,15,000 m2 only. Except F.S.I.
all otherDevelopment Control Regulations of Bandra Kurla Complex
will be have to beadhered to.
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MMRDA Convention & Exhibition Centre, Commercial
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5. CONVENTION & EXHIBITION CENTREAREA SPECIFICATIONS
5.1 The convention & exhibition centre facility is estimated
to require approximately51,700 sq.m. of built up area which will be
reckoned as 65,000 sq.m. for computationof FSI after accounting for
height in excess of 4.20 m. for exhibitions areas. TheConvention
& Exhibition Centre facility should have 5 exhibition halls
having minimumcolumn less area of 5,000 sq.m. each with average
clear height of minimum 12mtr.and the entire area being fully air
conditioned.
5.2 Within the convention & exhibition centre a full-fledged
auditorium with a minimumcapacity of 2000 fixed seats is to be
provided with Simultaneous Interpretation Systems(SIS) and state of
the art audio-visual equipment. This facility is to be constructed
inaccordance with the international standards and specifications
(such as those of OperaConvention Centre at New York, National
Conference Centre at Thailand). TheConvention Auditorium may be
located on a ground or first / upper level with a
suitablyimpressive entry, security and foyer area that may be
shared with other facilities withinthe Convention & Exhibition
Centre . A list of various activities and functions is given
inSchedule -1.
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MMRDA Convention & Exhibition Centre, Commercial
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AREA SPECIFICATIONS FOR THE CONVENTION & EXHIBITION
CENTRE
Schedule IList of various activities /functions and their
minimum capacity in CONVENTION &EXHIBITION CENTRE
Sr. No. Area / use Units1 Public Areas
General Reception/Entrance Hall/Lobby As perPublic Toilets
designTicketing
2 Conv., Conf.& Meeting Facilities
Capacity/personsConvention Auditorium (Main) 2000Convention Hall
(Multipurpose) 1500Conference Hall-1 300Conference Hall-2
300Conference Hall-3 100Conference Hall-4 100Conference Hall-5
50Conference Hall-6 50Banquet Hall 500Board Rooms (12) various
sizes 50-250VVIP Reception Rooms & Lounges 50Theatres - 1 (Made
from M'Purpose conf) 50-100Theatres 2 100-200Banquet
Kitchens/Stores/ReceivingPre Function AreasCirculation
3 ExhibitionsExhibition HallReception/lobby/toilets/food
counters
5 Nos}
Loading/Unloading Area/Storage/Administration }As per
DesignCirculation }
4 Food & Beverage (inc.Kitchens) Capacity/personsCoffee
Shops 200Cafeteria 150Vegetarian Restaurant 200Speciality
Restaurant I 125Speciality Restaurant II 125Bar (2) 200Food Court
With Multiple outlets 300Total Meals at a time 1300Circulation As
per Design
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MMRDA Convention & Exhibition Centre, Commercial
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AREA SPECIFICATIONS FOR THE C&E CENTRE. Schedule I
Contd.
5 Speciality Areas & AdministrationMedia Centre }Public
Address & Paging }Business Centre & Secretarial Support
}Infirmary/Medical Centre }Administration Offices }Information
Booths }As per DesignTelephone Kiosks }Post Office }Changing Rooms
for Artists }Simultaneous Transition Studios/Booths }Security Nerve
Centre & Related Areas }Circulation }
6 Support Areas/Back of the HouseEmployees Lockers &
Facilities }Employees Dining Room & Servicing }Personnel
Offices & Related Facilities }Mechanical Plant }Other
Engineering Facilities }Linen Rooms & Housekeeping }As per
DesignFurniture Storerooms }Miscellaneous storerooms }Receiving
area }Warehouse for Precon.Storage/Setup }Circulation }
7 Shops & Offices Nos.Travel Agent/Tour Operation 4PCO/PEO
5Car Rental 2Banks/Curency Exchange 3ATMs 4Stationery Stores
2Florist 1Book Shop 2Courier Service 2Hoteliers Association
1Tourism Office 3Photo Shop 1Airlines Offices 6Chemist
2Circulation
8 Car Parking Basement Car Parking As per DC Rules
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5.3 The area specifications related to various activities /
functions given in earlier table aresummarised below for the
purpose of computing the built up area to be utilised.
Sr.No. User of Land Area sq.m. Built up areaused in sq.m.
Plot Areasq.m.
1 Exhibition Centre *
5 exhibition halls of minimum 5000sq.m. each
Total Exhibition Space 26600 39900
2 Convention Auditorium ( 2000persons)
3
4
Other convention hall (multipurpose), conference halls,
Boardrooms, Reception, Lounges,Circulation etc.
Public Areas
(Sr.no.2+3+4)= 13,300 13,300
5 Food and Beverage (includingkitchen)
6 Speciality areas-media,administration, secretarial
support,circulation etc.
7 Support areas/back of the housefacilities, dormitories, Guest
rooms,etc.
8 Shop & Offices- Travel agents, touroperators, banks , air
line bookingetc. (Sr.
No.5+6+7+8)=11,800 11,800
9 Total Convention & ExhibitionCentre
51,700 65,000
10 Grand Total 65000 55000
All the above areas will be fully air-conditioned
* The height of Exhibition areas being around 12 m. the
equivalent FSI is 1.5 times the floor area.
Note For the purposes of computing FSI the Development Control
regulations provided in VolumeII will apply. Car parking and areas
used for engineering services and storage are permittedfree of FSI.
However stairwells and lift shafts are counted in FSI.
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MMRDA Convention & Exhibition Centre, Commercial
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PERMITTED VARIATIONS
5.4 The construction of Convention & Exhibition Centre shall
be in accordance with theareas laid down in the area specifications
provided in para 5.3. Variations from theseareas to suit
architectural layouts and Lessees interpretation of market
conditions, arepermitted within the following limits:
1 Exhibition space : refer Sr. No.3in schedule I
5 Exhibition Halls of minimum5000sq.m. each (total
26600sq.m.)
Reduction 0%
Increase No limit2 Convention Auditorium
Refer Sr.no.2 in schedule I(capacity 2000 seats)
___________________________
Other convention facilities
Reduction 0% in seating capacity
Increase No limit.
____________________________________
Reduction up to 15% in number capacity
Increase No limit.3 F&B Facilities : Refer Sr.no.4 in
schedule IReduction up to 15% in number capacity
Increase No limit.
4 Other Facilities : Refer Sr.no.7 inschedule I
Revenue Earning Facilities
Reduction up to 15% in number capacity
Increase No limit.
5 Parking Minimum According to DC RegulationsIncrease No
limit
5.5 In addition to the variation in sizes permitted for the
different elements, variation shallalso be permitted in
configuration of all the suggested facilities if justified
forcommercial purposes. It is intended that, in keeping with modern
trends and nowavailable technology maximum Multi-purpose uses be
made of the spaces availablewithin the Convention & Exhibition
Centre .
The implementation of the entire project, drawing up of the
detailed layouts, designsand engineering drawings would be
undertaken by the selected bidder. It is expectedthat the selected
bidder shall meet the minimum area/capacity/ specification laid
outby MMRDA. It is envisaged that the developer may build this
Convention & ExhibitionCentre with appropriate design and
specifications comparable with other internationalConvention
Centre.
Out of the plot noC-64 admeasuring 75000 sq.m.(as shown on map
at Exhibit 10). The
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MMRDA Convention & Exhibition Centre, Commercial
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successful bidder will have choice to configure at one place the
plot admeasuring 55000sq.m., only for the proposed development of
Convention & Exhibition Centre providedthat their remains a
plot of 20000 sq.m. as a Commercial Complex plot and shall
have50000 sq.m. as permissible built up area which can be used for
commercial uses suchas Shopping Arcade/Mall, Entertainment
facilities including Multiplex, Hotel and/orService Apartments,
Commercial Office space, Business Centres, F&B facilities,
Health& Sports facilities. This 50,000 sq.m. permissible built
up area will have to be consumedin 20,000sq.m. Commercial Centre
plot only and transfer of this permissible built up areato
Convention & Exhibition Centre plot shall not be permitted
under any circumstances.
In the Exhibition Centre the areas of the Exhibition Halls are
expected to be of the heightof 12 m. The areas that are more than
4.2mt. in height will have to be calculated at 1.5times for
calculating the consumption of total built up areas.
CONSTRUCTION REGULATIONS
5.6 The maximum height from ground level of any buildings within
the IFBC has to be aspermitted by Department of Civil Aviation
which is currently 40 m.
The ground coverage shall be defined as per the set-backs
prescribed for varying heightof buildings and as prescribed by
Chief Fire Officer (CFO), BMC. The minimum setbackalong the roads
for this site is 12 m.
The Lessee shall provide adequate area for parking in accordance
with the provisions ofMMRDA Bandra-Kurla Notified Area Development
Control Regulations, 1979 (VolumeII). Car parking spaces at
basement, stilt or upper levels are permitted free of FSI.A double
basement is also permitted
The successful bidder shall obtain all the necessary permissions
required from thestatutory authorities and government
organisations.
The total permissible built up area available for development of
the Convention &Exhibition Centre facility is 65000 sq.m. as
explained in the table given in para 5.3
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MMRDA Convention & Exhibition Centre, Commercial
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above. Additional permissible built up area 50,000 sq.m. is
available to the bidder forCommercial development purposes. The
total plot area offered to the bidder is 75,000sq.m. It is intended
that the Lessee develops the 20,000 sq.m. plot for the
CommercialComplex in a way to attract a variety of uses with
complementary areas of activity. Inorder to do this a wide range of
uses are permitted and complete flexibility allowed onarea
allocation to remaining commercial users in this 50,000sq.m. built
up area ofCommercial Complex only. An illustrative list of
activities is given below:
Multiplex Hotel and Restaurant etc. Shopping Malls F&B
Facilities Offices/Business
Centres/Shops/
Health and Sports Facilities
Entertainment Centre
5.7 Subject to the stipulation as given in para 3.14 the Lessee
will be permitted as per theprovisions of clause 3(p) of the draft
Lease Deed to sub lease or assign his lease-hold rights and
interests to a different company without any transfer fee in the
firstinstance.
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MMRDA Convention & Exhibition Centre, Commercial
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6. COMMERCIAL CONSIDERATIONS6.1 The selected bidder will be
required to pay 100% of the lease premium quoted for
Convention & Exhibition Centre and Commercial Complex within
total 3 months fromthe time his bid is accepted. Out of this 50%
shall be paid within one month fromthe time his bid is accepted and
remaining 50% shall be paid within two monththereafter.
6.2 . The lessee shall be permitted to enter into contractual
license or management contractarrangements with suitable parties
for any or all of the facilities at market drivencommercial
terms.
6.3 Bidders for the development of the Convention &
Exhibition Centre facility and theCommercial development may follow
the SPV approach. This will enable inclusion ofConsortium partners
that have an interest in construction, Convention &
ExhibitionCentre operation, Professional Exhibitions Operators
& Professional ConventionOperators and other parties with an
interest as real estate developers or for specificuses within the
development such as Shopping Mall, Entertainment, Hotel,
ServiceApartment or Commercial Space.
6.4 Subject to stipulation given in para 3.14 all or any
shareholders of the SPV shall bepermitted Exit at any point in time
after 20 years from the date of commissioning ofConvention &
Exhibition Centre by transferring their equity to a party or
parties whomthey shall independently identify and negotiate terms
for such transfer. Such transfershall be subject to the approval of
MMRDA, which shall not unreasonably bewithheld. MMRDA shall not
have any obligation to purchase the equity of any exitingparty in
the SPV.
6.5 The property may be mortgaged to providers for debt finance
up to the limit of theamount of premium paid to MMRDA, subject to
approval of MMRDA as prescribed inthe MMRDA (Disposal of Land)
Regulations 1977.
TIME PERIODS
6.6. The Convention & Exhibition Centre is to be built
within a period of 4 years from thedate of execution of lease deed
and transfer of the site to the winning bidder. Anytime taken more
than this 4-year period shall be subject to payment of
liquidateddamages for the delay. Payment of liquidated damages will
not affect the liabilities ofthe Lessee.
6.7. The bidder will have to construct Convention &
Exhibition Centre first and obtainOccupancy Certificate from MMRDA
before applying for Occupancy Certificate forCommercial Complex
from MMRDA. The construction schedule is as given in thefollowing
table :
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MMRDA Convention & Exhibition Centre, Commercial
Complex.Request for Proposal
19
Table
Convention & Exhibition Centre(65,000sq.m. total)
Commercial Complex (50,000sq.m. total)
1. Construction upto 25% of the built up areawithin first
year
Construction upto 15% of the built up areawithin first year
2. Construction upto 50% of the built up areawithin second
year
Construction upto 40% of the built up areawithin second year
3. Construction upto 75% of the built up areawithin third
year
Construction upto 65% of the built up areawithin third year
4. Full construction of Convention & ExhibitionCentre within
fourth year
95% construction of CommencementCertificate within fourth
year
Note : The Convention & Exhibition Centre should be
completed before the CommercialComplex and Occupation Certificate
of C& EC (65, 000 sq.m.) to be obtained prior torequesting for
Occupation certificate of Commercial Complex (50,000 sq.m.).
6.8 The bank guarantee towards liquidated damages shall be for
an amount ofRs.20 crores in favour of MMRDA payable in Mumbai who
shall have theoption to encash such guarantee at the rate of Rs. 50
lakhs per months delayover the stipulated date, without prejudice
to MMRDAs right to recoveradditional liquidated damages.
PROJECT STRUCTURE
6.9 The grant of lease shall be for a period of 80 years. The
relationship betweenMMRDA and the successful bidder will be set
forth and described under the termsand conditions of the Lease Deed
to be entered between MMRDA with the selectedbidder.
6.10 The Lessee will have the option to sell, mortgage or
transfer the Commercial Complex(50000 sq.m.) subject to the
relevant provisions of clause 3(p) of the Lease Deed.This is
subject to the condition that the Lessee shall establish an
appropriateindependent management facility to maintain, operate and
market the Convention &Exhibition Centre (65000sq.m.) during
the lease period to the entire satisfaction ofMetropolitan
Commissioner, MMRDA. (Copy of the draft Lease Deed is available
inVol-II)
6.11 The Lessee, should they desire, has the option to transfer
land, building and all otherassets of the Convention &
Exhibition Centre to MMRDA free of any price orpecuniary
consideration and free of liabilities of any sort after 20 years
from the dateof execution of the Lease Deed by giving a notice in
writing of at least one year.
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MMRDA Convention & Exhibition Centre, Commercial
Complex.Request for Proposal
20
7. SUBMISSION AND EVALUATION OF BIDS
SUBMISSION OF BIDS
7.1 The submission of Bids by interested parties in response to
the Request for Proposalshall be in three separate sealed covers as
indicated below.
Cover 1 Compliance to Minimum Eligibility Criteria
7.2 The information to be submitted by the Bidders in Cover 1 of
their Bids as describedin this Section.
7.3 The Bidder shall place one (1) original + two (2) copies of
the Cover 1 in a sealedenvelope, which shall be inscribed as
under:
Cover 1 Compliance to Minimum Eligibility Criteria
Submitted by: _________________________(name of Bidder)
Cover 2 Financial Bid
7.4 The Information to be submitted by the Bidders in the
Financial Bid (Cover 2) isdescribed in this Section.
7.5 The Bidder shall place original Financial Bid, This
document, in a sealed envelope,which shall be inscribed as
under:
Cover 2 Financial Bid
Submitted by: _________________________(name of Bidder)
Cover 3 Technical and Business Proposal
7.6 The Information to be submitted by the Bidders in Cover 3 is
described in thisSection.
7.7 The Bidder shall place one (1) original + two (2) copies of
the information onFinancial, Technical and Managerial Capabilities
in a sealed envelope, which shall beinscribed as under:
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MMRDA Convention & Exhibition Centre, Commercial
Complex.Request for Proposal
21
Cover 3 Business Proposal
Submitted by: ____________________ (name of Bidder)
Outer envelope
7.8 The 3 covers of the Bid organised as above, shall be placed
in a sealed outerenvelope or a box, with the following
inscription:
Bid For : Lease of Land for Developing and Operating Convention
and ExhibitionCentre and Commercial Complex, in Bandra-Kurla
Complex, Mumbai,India
Name of the Bidder :
_______________________________________________
ToChief, Town and Country Planning Division
Mumbai Metropolitan Region Development Authority,Bandra-Kurla
Complex, Bandra (East), Mumbai 400051
7.9 The Bidder can submit the Bid by registered post/ courier or
submit the Bid in person,so as to reach the designated address by
the time and date stipulated in Section 1.MMRDA shall not be
responsible for any delay in submission of the Bids. Any
Bidreceived by MMRDA after the due date and time for submission of
the Bids stipulatedin Section 1 shall not be opened.
INITIALLING OF THE BIDS
7.10 Each page of the Bid document should be initialled by the
Authorised Representativeand Signatory of the Bidding Company /
Bidding Consortium.
RESPONSIVENESS OF BID
7.11 The Bids received will be subject to a responsiveness check
followed by a step-wiseevaluation procedure as described below.
7.12 A Bid shall be deemed Non-responsive if it does not satisfy
any of the followingconditions:
a) It is not received by the due date specified Section 1.
b) It does not include sufficient information for it to be
evaluated and/or is not in theformats specified
c) It is not signed and / or sealed in the manner and to the
extent indicated in thissection.
d) It is not accompanied by a Demand Draft of the specified
amount of the EarnestMoney .
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MMRDA Convention & Exhibition Centre, Commercial
Complex.Request for Proposal
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EVALUATIONS OF BIDS
7.13 The Bids of Responsive Bidders shall be evaluated in the
following three steps.
STEP 1 (COVER 1) COMPLIANCE WITH MINIMUM ELIGIBILITY
CRITERIA
7.14 In the first step, MMRDA will evaluate the information
submitted by the Bidder inCover 1 of the Bid. Only Bidders meeting
the minimum eligibility criteria shall beconsidered for the
subsequent steps. The minimum eligibility criteria and the
formatfor the information to be submitted in Cover 1 are as
described below:
Evaluation of Minimum Eligibility Criteria: Cover 1
7.15 The objective of the minimum eligibility criteria is to
shortlist Bidders who have:
a) The financial strengths necessary to contribute and / or
arrange the fundsrequired to execute the Project in the desired
time frame.
b) The technical skills necessary to design, construct, operate
and maintain theFacility as per the Principles of Good Industry
Practice and have a project designfrom an Architect who has
designed / has been associated with world classConvention Centre
project.
c) The commercial skills necessary to market the Facility and
successfully developbusiness.
MINIMUM ELIGIBILITY CRITERIA7.16 Eligibility Criteria for
Bidding
Corporate entities (public or private limited company registered
under TheCompanies Act, 1956 or equivalent International Law) will
be eligible to bid for theProject.
7.17 Eligibility Criteria for Financial Capability
The Bidding Company or for a Bidding Consortium, the Lead
Consortium Membersatisfying any two out of the three eligibility
criteria for financial capability specifiedbelow would be
considered as meeting Eligibility Criteria for Financial
Capability. Incase of a Bidding Consortium, the Lead Consortium
Member shall have the option toaggregate the strengths of its
Financially Significant Consortium members. The onusto demonstrate
the relationship as Financially Significant Consortium member
withthe Bidding Consortium for the purpose of aggregation rests
with the LeadConsortium member. The three eligibility criteria
are:
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MMRDA Convention & Exhibition Centre, Commercial
Complex.Request for Proposal
23
Tangible Networth1 not less than Rs.400 crores as per the latest
audited financialstatement. The certificate in effect of tangible
net worth from government approvedChartered Account firm should be
attached.Annual turnover2 not less than Rs.800 crores as per the
latest audited financialstatement.Net Profit3 not less than Rs.100
crores as per the latest audited financial statement orAverage
annual net profit of the last three financial years not less than
Rs.100 crores.
Eligibility Criteria for Technical Experience7.18 The Bidding
Company or for a Bidding Consortium every Financially
Significant
Consortium Member, will be required to submit the details of
their experienceaccording to the categorisation given below. They
will be considered as meetingEligibility Criteria for Experience,
if they meet the eligibility criteria for experiencespecified in
any one of the categories given below.
7.19 Category "I: In a directly related field of activity
(defined as Convention &Exhibition Centres, Hotels,
Restaurants, and Banquet Halls)
7.20 The Bidding Company or the Bidding Consortium shall have
developed during lastfive years at least one project having Capital
Cost not less than Rs.250crores relatedto category 1.
7.21 The turnover of the Bidding Company or a combined turnover
of FinanciallySignificant Consortium Members of the Bidding
Consortium from the directly relatedfield of activities shall not
be less than Rs.1,000crores.
7.22 Category "II" : In an indirectly related field of activity
(defined as shoppingcenters, commercial complexes, housing or
office complexes, retail stores,entertainment centres, amusement
parks and large projects)
7.23 The Bidding Company or the Bidding Consortium shall have
developed during lastfive years at least one Project having Capital
Cost not less than Rs.300croresrelated to category 2.
7.24 The turnover of the Bidding Company or the combined
turnover of the FinanciallySignificant Members of the Bidding
Consortium from the directly related field ofactivities shall not
be less than Rs 1,200crores.
7.25 Project Design - The Bidding Company or the Bidding
Consortium shall submit adetailed conceptual Project design for the
proposed Convention & Exhibition Centrefrom an Architect who
has designed/has been associated with any of the world
classConvention and Exhibition Centre Projects. The design shall be
submitted on not lessthan 10 drawings of AO size and also on a
CD.
1 Tangible Networth = (Equity Capital + Reserves and Surplus -
Revaluation Reserve) - (Accumulated Losses + Intangibleassets)
2 Turnover has been defined as the gross sales of the company
net of excise. This does not include other related income
andnon-operating income
3 Net Profit = Profit after Tax (PAT)
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MMRDA Convention & Exhibition Centre, Commercial
Complex.Request for Proposal
24
7.26 Format for Cover I compliance to minimum eligibility
criteria
Bidders are required to organise Cover 1 Compliance with Minimum
EligibilityCriteria according to the following checklist:
Cover 1 Compliance to Minimum Eligibility Criteria
Section 1 Covering Letter as per the format specified in
Exhibit-2
Earnest Money Deposit for an amount of Rs.100,000,000 (Rupees
Tencrores) by way of Demand Draft, drawn on any
schedule/commercialbank, payable at Mumbai in favour of MMRD
Fund.
a) Description of the Bidding Company / Bidding Consortium as
per the formatspecified in Exhibit 5
b) In case of a Bidding Consortium, MoU amongst the Consortium
Members,incorporating the principles as in Exhibit 1 (If
applicable)
Section 2
c) Letters of Acceptance, as per the format specified in Exhibit
4, from each ofthe Consortium Members in case of a Bidding
Consortium.
a) Consideration for Evaluation of Minimum Eligibility Criteria
as per the formatspecified in Exhibit 6
Section 3
b) Letters of Commitment as per the format specified in Exhibit
3, from each ofthe entities which are Financially Significant
Consortium Member, the strengthsof which is to be considered for
the purpose of evaluation.
a) Audited Annual Reports for the last three financial years, of
which the lastaudited results made available should not be more
than 15 months old as onlast date of submission of RFP.
Section 4
b) Information Requirements as per the formats specified
a)A detailed conceptual design of Convention & Exhibition
Centre to besubmitted on minimum 10 drawings of AO Size and also on
a CD.
Section 5
b)A letter of acceptance from Architect indicating his C.V. and
details of hisrelevant experience in the designing of Convention
and Exhibition Centreproperly documented, on a hard copy as well as
on a CD to be authenticatedby the bidding company/Consortium by a
separate letter.
7.27 MMRDA on demand will return unopened Financial Bids and
Technical Bids (Covers2 and 3) of the Bidders who do not comply
with the minimum eligibility criteria.
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MMRDA Convention & Exhibition Centre, Commercial
Complex.Request for Proposal
25
STEP 2 (COVER 2) FINANCIAL BID
7.28 The Financial Bid is to be submitted in the Form of Bid
given in Exhibit 8.
The evaluation criteria for assessment of the Financial Bids are
as described below:.
OBJECTIVE OF FINANCIAL BID EVALUATION7.29 The objective of the
evaluation of Financial bid is to rank the bidders, short listed
on
the basis of the evaluation of information as contained in cover
1, on the basis of thebid price quoted by them.
METHODOLOGY FOR EVALUATION OF BIDS7.30 The bidder will have to
quote separately for the Convention & Exhibition Centre and
the Commercial Complex. The built-up area (considered for FSI
computation) ofConvention & Exhibition Centre shall be
considered as 65,000 sq.m. irrespective ofthe reduction that may be
possible on finalisation of detailed architectural
designs.Similarly the floor space considered for FSI computation
for the Commercial Complexwill be 50,000 sq.m. The bidder will have
to quote a fixed rate of Rs.20,000 persq.m. of built up area for
total built up area 65,000 sq.m. for Convention &
ExhibitionCentre. The amount will be Rs.130 crores. The bidder will
also have to quote a rateof premium higher than Rs.70,000 per sq.m.
of built up area for 50,000 sq.m. of totalbuilt up area for
Commercial Complex. The premium amount will be higher thanRs.350
crores. The total minimum amount of lease premium to be quoted by
thebidder will be higher than Rs.480 crores of the total amount of
lease premium that willbe payable to MMRDA 50% will have to be paid
within one month and the balancewill have to be paid within two
months i.e. within three months from the time the bid isaccepted.
The lease period is of 80 years as is indicated in the M.M.R.D.A.
(Disposalof land) Regulation 1977.
7.31 The above quotes shall be submitted by the Bidders in Cover
2 : Financial Bid inaccordance with the Format Enclosed in Exhibit
8
7.32 The bids will be first ranked according to the highest rate
and premium quoted for theConvention & Exhibition Centre and
Commercial Complex (after correcting thearithmetic errors if any).
A ranked list of Bidders based on the results of theevaluation will
prepared. The top ranked Bidder will be designated the Rank
1Bidder.
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MMRDA Convention & Exhibition Centre, Commercial
Complex.Request for Proposal
26
STEP 3 (COVER 3) - EVALUATION OF TECHNICAL AND BUSINESS
PROPOSAL
TECHNICAL & BUSINESS PROPOSAL: EVALUATION CRITERIA7.33 The
objective of MMRDA in evaluation of Technical and Business Proposal
of the
bidder is to assess the following skills:
Project conceptualisation and design skills that offer the most
optimal design solutionfor the proposed Facility.
Project Management Skills that would help expedite the project
development phase and ensure timely construction of the
Facility
Operation and Maintenance skills, that ensure consistently
superior service atreasonable cost.
Specifically, the Business Proposal shall be assessed for
technical sufficiency andwill include the following :
7.34 A Detailed Report shall be submitted on the Technical Plan
of the bidder, coveringalso the financial plan and his business
plan. Report shall also provide plan to meeteach of the item
specifications mentioned in the Section 5 & 6. This report
shall alsoinclude and be explained in detail a detailed conceptual
project design by theArchitect who has designed/has been associated
with any of the world classConvention and Exhibition Centre
Projects
Financial Plan7.35 The Financial Plan shall include the
following;
a) Detailed Project Costb) Project Funding Structurec) Financial
Projections d) Estimated Tariffe) Feasibility Analysis with
justification of assumptions.
Business proposal evaluation7.36 The evaluation process shall
include matters such as:
a) The design and planning of facilities in the C&ECb)
Relevant skills and suitability of promotersc) Ability to
implementd) Ability to managee) Ability to market
7.37 In evaluating the Business Proposal, MMRDA reserves the
right to seek clarificationsfrom the Bidders. The Bidders shall be
required to furnish such clarifications.
7.38 The Technical and Business Proposal of only the Rank 1
bidder will be opened. He
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MMRDA Convention & Exhibition Centre, Commercial
Complex.Request for Proposal
27
may also be requested to make a presentation at his own cost,
for clarifications andadditional information on bidders capability,
concept plan and the business proposalin this regard to the
evaluation committee appointed by the MetropolitanCommissioner,
MMRDA. The Committee may seek further clarifications and
makesuggestions in respect of the proposal, within the permitted
built-up area, which willnot include any change in the premium or
the manner in which it is to be paid. Thesesuggestions will have to
be incorporated by the bidder.
7.39 On reaching an agreement with the bidder and the terms and
conditions to beincluded in the Lease Deed, the Metropolitan
Commissioner shall submit theproposal to the Metropolitan Authority
for the allotment of land to the Rank 1 bidder.
7.40 If the bidder and the Committee shall fail to reach a
consensus, the Committee will beentitled to open the Technical and
the Business Proposal of the bidder ranked nextand repeat the
procedure.
Time Table
7.41 MMRDA intends to complete the entire process of bid
evaluation and award within aperiod of 180 days starting from the
opening of Cover-I. In order to enable MMRDA tomeet the target,
Bidders are expected to respond expeditiously to clarifications,
ifany, requested during the evaluation process. MMRDA shall adhere
to the aboveschedule to the extent possible. MMRDA, however,
reserves the right to modify thesame. Intimation to this effect
shall be given to all Bidders including request forextending the
bid validity if required.
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MMRDA Convention & Exhibition Centre, Commercial
Complex.Request for Proposal
28
8. GENERAL INFORMATION TO THE BIDDER
PRE-BID MEETING
8.1 A Pre-bid meeting shall be held to clarify any queries that
the Bidders may have.Queries in writing may preferably be sent to
MMRDA a week prior to the date of pre-bid conference.
8.2 The minutes of the pre- bid conference incorporating the
clarifications will becirculated to all the intending bidders and
shall form part of Request for ProposalDocument.
SITE VISIT AND SURVEY
8.3 Bidders may, prior to submitting their Bid for the Project,
visit and examine the site ofthe Project and its surroundings at
their own expense and obtain and ascertain forthemselves, at their
own responsibility, all technical data and other
informationnecessary for preparing their Bids including, inter
alia, the actual nature andconditions at the site, availability of
materials, stores, labour, probable sites for labourcamps, etc.
required for the execution of the work over the entire duration of
theconstruction period, after taking into account the local
conditions, restrictions,obstructions in work, if any, etc.
8.4 For the above purpose, the bidders may approach Mr.
Kulkarni, ArchitectT&CP Dn., MMRDA may or may not depute a
representative to accompany theBidder. The Bidders shall be
responsible for all arrangements and shall release andindemnify
MMRDA, and/or its agents from and against all liability in respect
thereofand shall be responsible for any personal injury, loss of or
damage to property or anyother loss, damage, costs or expenses,
however caused, which, but for the exerciseof such permission,
would not have arisen.
8.5 The Bidders shall be deemed to have full knowledge of the
site, whether physicallyinspected or not.
INSTRUCTIONS TO BIDDERS
8.6 All Bidders shall note the following:
8.7 Bids that are incomplete in any respect or those that are
not consistent with therequirements as specified in this Request
for Proposal may be considered non-responsive and may be liable for
rejection.
8.8 Strict adherence to formats, wherever specified, is
required. Non-adherence toformats shall be a ground for declaring
the Bid non-responsive.
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MMRDA Convention & Exhibition Centre, Commercial
Complex.Request for Proposal
29
8.9 For a Bidding Consortium the Bid submitted by the Consortium
should contain signedletters submitted by each of the Consortium
Members, stating that the entire Bid hasbeen examined and each key
element of the Bid is agreed to, in the format asspecified in
Exhibit -4. The Bid shall contain a copy of the MoU entered into
betweenthe Consortium Partners, as per the Principles of MoU stated
in Exhibit -1. In theabsence of such a MoU, the Bid would be
considered and evaluated as one from anindividual company alone,
submitting the Bid.
8.10 In case a Consortium is selected, the Lead Consortium
Member shall continue toremain the representative of the Consortium
and shall be responsible to MMRDA forthe fulfilment of all
contractual obligations binding on the Selected Bidder till the
SPVis incorporated and the Lease Deed executed with the SPV.
8.11 In case of SPV, MoU of potential SPV shareholders
accounting for 74% of theproposed authorised capital will be
enclosed. The applicant bidder shall be the LeadConsortium Member
designated in the MOU.
8.12 All communication and information should be provided in
writing and in the Englishlanguage only.
8.13 The metric system shall be followed for units.
8.14 All communication and information provided shall be
legible, and wherever theinformation is given in figures, the same
should also be mentioned in words. In caseof conflict between
amounts stated in figures and words, the amount stated in wordswill
be taken as correct.
8.15 No change in, or supplementary information to a Bid shall
be accepted oncesubmitted. However, MMRDA reserves the right to
seek additional information fromthe Bidders, if found necessary,
during the course of evaluation of the Bid. Non-submission,
incomplete submission or delayed submission of such
additionalinformation or clarifications sought by MMRDA, may be a
ground for rejecting the Bid.
8.16 The Bids shall be evaluated as per the criteria specified
in this RFP Document.However, within the broad framework of the
evaluation parameters as stated in theRequest for Proposal, MMRDA
reserves the right to make modifications to the statedevaluation
criteria, which would be uniformly applied to all the Bidders.
8.17 No Consortium Member can propose to be a member of more
than one BiddingConsortium for submission of the Bid for the
Project.
8.18 The Bidder shall designate one person in case of bidding
company and the LeadManager and lead Co(Contact Person and
Authorised Representative andSignatory) authorised to represent the
Bidder in its dealings with MMRDA. Thisdesignated person shall hold
the Power of Attorney and be authorised to perform alltasks
including but not limited to providing information, responding to
enquiries,entering into contractual commitments on behalf of the
Bidder etc. The CoveringLetter submitted by the Bidder shall be
signed by the Authorised Signatory and shallbear the stamp of the
entity thereof.
8.19 The Bid (and any additional information requested
subsequently) shall also bear theinitials of the Authorised
Signatory and stamp of the entity thereof on each page of
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MMRDA Convention & Exhibition Centre, Commercial
Complex.Request for Proposal
30
the Bid.
8.20 For a Bidding Consortium, no change in the membership of
the Consortium, inresponsibilities, or in equity commitments of any
Consortium Member whosestrengths are being credited for evaluation,
shall be permitted after submission of theBid.
8.21 Further to Bid submission, if at any stage thereafter, a
change in the responsibilitiesor membership in the Consortium whose
strengths have been credited for evaluationis proposed, it will
need to be communicated to MMRDA in writing for its approval.MMRDA
reserves the right to reject such requests for a change of
Consortiumstructure, if in its opinion; it would adversely affect
the strengths of such Consortiumas originally evaluated.
8.22 In any case, notwithstanding the above, the Lead Consortium
Member, in case ofBidding Consortium, shall not be allowed to
change its equity contribution in theConsortium if it results in
its equity holding becoming
(i) Less than 26%
(ii) Less than the equity holding of any other Consortium Member
in the BiddingConsortium.
(iii) MMRDA also reserves the overriding right to reject any Bid
pursuant to anychange in the composition of the Bidding Consortium
without ascribing anyreasons whatsoever.
(iv) MMRDA reserves the right to reject any or all of the Bids
without assigningany reason whatsoever.
(v) Mere submission of information does not entitle the Bidder
to meet aneligibility criterion. MMRDA reserves the right to vet
and verify any or allinformation submitted by the Bidder.
(vi) If any claim made or information provided by the Bidder in
the Bid or anyinformation provided by the Bidder in response to any
subsequent query byMMRDA, is found to be incorrect or is a material
misrepresentation of facts,then the Bid will be liable for
rejection. Mere clerical errors or bona fidemistakes may be treated
as an exception at the sole discretion of MMRDAand if MMRDA is
adequately satisfied.
(vii) The Bidder shall be responsible for all the costs
associated with thepreparation of the Bid. MMRDA shall not be
responsible in any way for suchcosts, regardless of the conduct or
outcome of this process.
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MMRDA Convention & Exhibition Centre, Commercial
Complex.Request for Proposal
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VALIDITY OF TERMS OF THE BID
8.23 Each Bid shall indicate that it is a firm and irrevocable
offer, and shall remain validand open for a period of not less than
180 days from the last date for submission ofthe Bid. The bid shall
be so irrevocable notwithstanding anything conferred in section5 of
the Contract Act 1872. Non-adherence to this requirement may be a
ground fordeclaring the Bid as non-responsive. However, MMRDA may
solicit the Biddersconsent for extension of the period of validity
and the Bidder shall agree toreasonably consider such a request.
The request and response shall be in writing. ABidder accepting
MMRDAs request for extension of validity shall not be permitted
tomodify his Bid in any other respect.
FEES AND DEPOSITS TO BE PAID BY THE BIDDERS
Fees for Request For Proposal (RFP) Document
8.24 The Request for Proposal document would be made available
to the prospectivebidders on submission of a written request and a
demand draft of Rs 25,000(Rupees Twenty Five Thousand only-non
refundable) drawn in favour of MMRDFund.
EARNEST MONEY DEPOSIT:
8.25 The Bidder is required to pay Earnest Money Deposit by way
of Demand Draft ofRs. 10,000,0000 (Rupees Ten Crores) drawn on any
scheduled commercial bank,payable at Mumbai in favour of MMRD
Fund.
8.26 The bid, which is not accompanied by the above Earnest
Money Deposit, shall berejected by MMRDA as non-responsive.
8.27 The earnest money so deposited shall stand forfeited to
MMRDA:
(a) If the Bidder revokes his Bid at any time during the
stipulated period or duringmutually agreed extended period of Bid
validity.
(b) If the Bidder, within the period of Bid validity, in MMRDAs
opinion,
commits a material breach of any of the terms and / or
conditions contained inthe RFP Document and / or in subsequent
communication from MMRDA in thisregard and / or
fails or refuses to act upon the Letter of allotment (in the
event of the allotmentof the plot to it) and/or
fails or refuses to furnish the Commencement Guarantee within
the stipulatedtime (viz. 30 days from the issue of the Letter of
allotment).
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MMRDA Convention & Exhibition Centre, Commercial
Complex.Request for Proposal
32
COMMENCEMENT GUARANTEE
8.28 The Successful Bidder will have to furnish at the time of
allotment of plot andexecution of the Lease Deed, the Commencement
Guarantee in an agreeable formatfrom a scheduled bank payable in
Mumbai, which shall be for an amount equal toRs. 10,000,0000
(Rupees Ten Crores). The Commencement Guarantee shallremain valid
till the Zero Date.
COMPLETION GUARANTEE
8.29 The Successful Bidder will be required to submit before
issue of the CommencementCertificate by MMRDA in respect of the
proposed development, a CompletionGuarantee in the form of a Bank
Guarantee in an agreeable format from a scheduledbank payable in
Mumbai for an amount of Rs.20crores. The completion Guaranteeshall
be required to remain valid from the Zero Date.
SETTLEMENT OF DISPUTE8.30 If there is any dispute or any
difference of opinion as to the interpretation of
the terms of this document or anything arising thereon from such
dispute ordifference it shall be decided finally by the
Metropolitan Commissioner,M.M.R.D.A. and his decision shall be
final and binding.
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MMRDA Convention & Exhibition Centre, Commercial
Complex.Request for Proposal
33
Tender forms and Exhibits are available in the tender document
only