GRANT OF LICENSE FOR DESIGN, PROCURE, INSTALLATION, … Food court at Lumbini Park.pdf · REQUEST FOR PROPOSAL FOR GRANT OF LICENSE FOR DESIGN, PROCURE, INSTALLATION, OPERATION AND

HYDERABAD METROPOLITAN DEVELOPMENT AUTHORITY

REQUEST FOR PROPOSAL

FOR

GRANT OF LICENSE FOR DESIGN, PROCURE,

INSTALLATION, OPERATION AND MAINTENANCE

OF THE MODERN FOOD COURT INSIDE LUMBINI

PARK, HYDERABAD, TELANGANA

ON

E-PROCUREMENT PLATFORM

METROPOLITAN COMMISSIONER,

BUDDHA PURNIMA PROJECT (BPP) BUILDING, HMDA,

#6-1-2/1, TANK BUND ROAD, HYDERABAD 500063

JULY 2020

Grant of License for Design, Procure, Installation, Operation and Maintenance of the Modern Food Court inside

Lumbini Park, Hyderabad, Telangana– RFP Document -----------------------------------------------------------------------------------------------------------------------------------------

Page 2

DISCLAIMER

1. The information contained in this Request For Proposal (RFP) document or subsequently provided to

Bidders/ Tenderer/, whether verbally or in documentary or any other form by or on behalf of Buddha

Purnima Project (BPP), Hyderabad Metropolitan Development Authority (herein after referred to as

HMDA/ The Authority) or any of its employees, is provided to Tenders on the terms and conditions set

out in this RFP document and such other terms and conditions subject to which such information is

provided.

2. This RFP document is not an agreement or an offer by the Authority to the prospective Bidders/

Tenderers or any other person/ entity. The purpose of this RFP document is to provide interested

parties with information that may be useful to them in the formulation & submission of their tenders

/proposals pursuant to this RFP document.

3. This RFP document 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 RFP document 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/ bidder

who reads or uses this tender. The assumptions, assessments, statements and information contained in

this RFP Document, may not be complete, accurate, adequate or correct. Each Bidder/ Tenderer 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 RFP Document and obtain independent advice from appropriate sources at their own. Information

provided in this RFP Document to the Bidders/ Tenderers 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 exhaustive

with regard to the 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/ Tenderer under any law, statute, rules or regulations or

tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense

which may arise from or be incurred or suffered on account of anything contained in this RFP Document

or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the RFP

document and any assessment, assumption, statement or information contained therein or deemed to

form part of this RFP document or arising in any way in this Selection Process.

6. The Authority also accepts no liability of any nature whether resulting from negligence or otherwise

however caused arising from reliance of any Bidder/ Tenderer upon the statements contained in this

RFP Document.

7. The Authority may in its absolute discretion, but without any obligation to do so, update, amend or

supplement the information, assessment or assumption contained in this RFP Document.

8. The issue of this Tender Document does not imply that the Authority is bound to select a Bidder/

Tenderer or to appoint the Selected Bidder/ Tenderer, as the case may be, for undertaking the Project

and the Authority reserves the right to reject all or any of the Tenders without assigning any reasons

whatsoever.



Page 3



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TABLE OF CONTENTS

Section Description Page No.

I INVITATION FOR PROPOSAL 04

II DATA SHEET 06

III GENERAL TERMS AND CONDITIONS 14

IV TERMS OF REFERENCE 19

V APPLICATION LETTER 30

VI EXPERIENCE IN ELIGIBLE PROJECT 33

VII ANNEXURE - A: LAYOUT & PLAN OF THE

PROPOSED MODERN FOOD COURT

34

VIII ANNEXURE - B: INDICATIVE MODERN FOOD

COURT

36



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HYDERABAD METROPOLITAN DEVELOPMENT AUTHORITY

METROPOLITAN COMMISSIONER, HMDA

REQUEST FOR PROPOSAL (RFP) DOCUMENT

(e-procurement Tender Notification No103/07/BPP/HMDA/2019 dated: 29.07.2020)

I. INVITATION FOR PROPOSAL

1.1 Hyderabad Metropolitan Development Authority (HMDA) envisaged developing

various recreational activities, lush green landscapes, food kiosks, other

entertainment facilities in the surrounding environs of BPP area, considering the rise

tourist footfalls in the region over past few years.

1.2 In this context, now, HMDA intends to select a bidder from amongst the eligible

bidders (herein the “Bidder”) for granting to such selected Bidder license rights in

terms hereof and more particularly the license agreement for undertaking

“Design,Procure, Installation, Operation and Maintenance the Modern Food Court

inside Lumbini Park, Hyderabad, Telangana”, India hereto (herein after referred to

as the “Project”) for a period of Five years from the date of the license agreement;

1.3 Pursuant to the aforesaid, Bids are invited on the e-procurement platform for the

Project from the eligible Bidders for undertaking the project on License format.

1.4 The RFP document can be downloaded from the electronic procurement platform of

Government of Telangana i.e. www.tender.telangana.gov.in. Time Schedule for the

interested bidder are mentioned below;

1.5 Interested Bidders shall uploaded their Bids /proposal online not later than the due

date and time specified above and in the manner specified in this RFP Document.

1.6 The signed and stamped hard copies of the uploaded documents along with the copy

of challan generated upon the payment towards EMD/Bid security in the e-

procurement platform shall be submitted at the address given below;

The Officer on Special Duty (OSD),

Buddha Purnima Project, HMDA

#6-1-2/1, Lumbini Park, Near Tank Bund Road,

Buddha Purnima Project (BPP), HMDA, Hyderabad – 500063.

Tele no: 040-23450502

Document download start date & time : 30-07-2020 @ 9.00 PM

Document download end date & time : 14-08-2020 @ 5.00 PM1

Last date and time of submission of tender[i.e Bid Due Date] : 14-08-2020 @ 5.10 PM

Date & time of Opening of Technical Tender: 14-08-2020 @ 5.20 PM

http://www.tender.telangana.gov.in/



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1.7 Terms of Reference (TOR) of the RFP / tenderis detailed at the end of the RFP

document and shall be part of the License Agreement.

1.8 A combination of Bidders is hereby expressly prohibited from submitting a Bid in

form of consortium. No Bidder shall submit more than one Bid for this project.

1.9 Any Bidder/s or Applicant who has been barred by the Central / State Government,

or any entity controlled by them from participating in any and the bar subsists as on

the date of Bid, would not be eligible to submit its Bid.

1.10 In addition to above, any Bidder/s who is/are found to be a DEFAULTER1 by

HMDA would not be eligible to submit its Bid. Even, if the entity submits the bid, it

will be summarily rejected during technical evaluation of the Bids.

1.11 In case, if the interested Bidder/s is one of the existing license holders and or past

expired license holder for any other projects under HMDA, then the such Bidder/s

shall obtain “No Due certificate” from the OSD, BPP, HMDA on or before the

preceding bid due date and submit along with the Bid.

1.12 Interested Bidders are encouraged to visit the Project Site at their own cost &

completely satisfy themselves before submitting its bid. Any further information/

clarifications with regards to the HMDA’s existing infrastructure at the project site

can be obtained from the Office of the BPP, HMDAor Administrative Officer (A.O),

BPP, HMDA.

1.13 More project details are provided in DATA SHEET and subsequent sections below.

For Buddha Purnima Project Office,

The Officer on Special Duty (OSD)

BPP, HMDA,

July 2020

1Defaulter means any HMDA’s License holder who has any pending dues to HMDA as on Bid due date.



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II. DATA SHEET

S.No KEY

INFORMATION

DETAILS

RFP DOCUMENT DETAILS

1. Project

Grant of License for Design, Procure, Installation, Operation and

Maintenance of the Modern Food Court inside Lumbini Park,

Hyderabad, Telangana

2. Authority Hyderabad Metropolitan Development Authority (HMDA)

3.

Project

Locations and

Area

Project Area:A total ground coverage area of 720 sq. ft in total.

Latitude & Longitude: 17°24'37.4"N &78°28'21.9"E

4.

Minimum

Development

Obligations of

Licensee

The selected Licensee shall aesthetically design& develop “MODERN

FOOD COURT”as per the indicative designprovided in the Annexure

– A & B(Layout plan & view)with “Temporary Structure” duly installing

/ commissioning the following project components stipulated under

“Minimum Development Obligations” with other support

infrastructure facilities defined below at its own cost and within three

(03) months from the date of handing over the site or signing the

License agreement, whichever is earlier.

A. MODERN FOOD COURTS

(a) The maximum permissible ground coverage area under this

License is ~ 720 Sq.ft and the overall built up area shall not exceed

1300 Sq.ft (i.e., Ground + First Floor is allowed)

(b) Staircase with at least twenty(20) risers, twenty (20) threads&SS

railing for support.

(c) Adequate seating to be provided to visitors/ customers with

adequate circulation area, keeping CORONA pandemic in mind.

(d) Entire facility – entry, exit, seating, circulation, kitchen, etc. shall

be designed so as to maintain social distancing to check spread of

Corona

(e) Kitchen with high end exhaust and chimney, (to avoid air

pollution in the surroundings), as per best industry standards

may be permitted, subject to statutory clearances

(f) Shade Awnings shall be erected to cover the seating area.

(g) The maximum height of the overall food court shall not exceed 24



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S.No KEY

INFORMATION

DETAILS

feet from the finished ground surface level.

B. PERMISSIBLE ACTIVITIES

(a) Multiple food stalls within the permissible project area only shall

be installed / commissioned for the sale of various eatery items /

products, cafeteriasand soft / fruit drinks to visitors/customers.

(b) Sale of multi cuisine foods, non-alcoholic beverages & natural

juices are permitted &any products approved /certified by Food

Safety and Standards Authority of India (FSSAI)

(c) Any other items other than above will not be allowed. However,

in case if the Licensee requests for any genuine similar food items,

it may be allowed but only with prior approval from HMDA.

(d) Food shall be cooked and served using gloves, spoons and other

cutleries so as to avoid direct human touch to check spread of corona

(e) Adequate sanitizers shall be provided and maintained neat and

hygienic.

(f) Establishment of Kitchen and cooking shall be permitted only

inside the project area.

(g) Only fresh cooked food shall be served to the customers that is

hygienic and cooked using fresh vegetables and quality

ingredients.

(h) Visitors/ public in general shall have the right for free and uninterrupted

access to the project site and drinking water facility; however, the

Licensee is permitted to charge the customers for the ordered food at

market rates, during the subsistence of License period.

C. OTHER SUPPORT FACILITIES

(a) Customers seating facility for a capacity of at least twenty (20)

persons, Side railing complying to SS 304 over the food court shall

be erects for the safety of the customers with a height of 1.2 meter.

(b) The required structural support members shall be designed &

implement to suit the structural standards complying to

400kg/sq.m of live load as per IS:875 part II and wind load as per

IS:875 part III.

(c) Glow back lit signage, Install the required dust bins (Min. 05 nos.



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S.No KEY

INFORMATION

DETAILS

at various locations within the project area) with safe disposal of Solid

wastes (including segregation of the waste) as per local authority

regulations, infrastructure related to disposal of liquid waste

arrangement shall be made in consultation with the local

competent authority, etc.

(d) Other materials / equipments such as Hygienic food storage

Containers, Refrigerators, Micro Ovens, etc. may be placed for

relevant usage by the Licensee within the food court.

(e) Liquid waste generated shall be drained into the existing drains

available at the proximity to the proposed site and the required

infrastructure shall be design and develop accordingly.

(f) At least 5 no. of Planter boxes (Ornamental plants) shall be added

within the project

All expenditure with respect to food court, site development, procure, design

& installation of modern food kiosks, its operations, marketing, maintenance

and associated business including Power connections & its charges, water

supply cum storage & its charges, GST, etc shall be payable by the Licensee

only.

5.

Other

obligations/

conditions

The following other obligations /conditions shall be fulfilled by the

preferred bidder before commencement of the project procurement &

associated developments:

a. The project’s conceptual master plan and design shall be prepared

duly considering the terms and condition of RFP document

b. This conceptual master plan shall be submitted within two weeks

from the date of issuing the LOA

c. The project design shall be innovative, creative and attractive and

shall ensure structural stability and safety. HMDA shall approve

such designs &views(before commencement of implementation)within

two weeks from the date of submission of designs & plans and

accordingly, the Licensee shall commence its development

activities. In case, if HMDA don’t have any comments on the

submitted designs /plans within two weeks, then it is construed as

deemed approval from HMDA.



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S.No KEY

INFORMATION

DETAILS

d. Commencement of development /installation of the approved

design shall be from the date of handing over the possession to the

selected Licensee.

e. However, post fulfillment of Minimum Development Obligations,

the Licensee shall obtained necessary clearances from HMDA

before commencement of operation.

f. Further, the Licensee shall obtained necessary clearances from

HMDA before commencement of operation.

g. The selected Licensee shall adhere to all the norms of fire safety,

other applicable norms stipulated by the local competent authority

and also obtain the insurance coverage for the project facilities.

h. The selected Licensee shall ensure that all statutory approvals,

clearances (including approvals from the authority on the final project

designs) are in place before undertaking installation of the subject

project. In addition to the above, the selected Licensee shall also ensure

that the entire development is in strict compliance with

applicable/relevant statutory acts, rules, regulations, guidelines,

legislations, judgements, etc. related to the food industry.

More details on the other obligations / conditions are indicated in the

clause 4.4 of this RFP document.

6. Earnest Money

Deposit (EMD)

An amount of Rs.95,200/- (Rupees Ninety-five Thousand Two

Hundred Only) shall be paid through online as per the procedure

stipulated in the e-procurement platform towards EMD /Bid security

and the copy of challan shall be submitted along with completed Bids.

7. Estimated

Project Cost

The estimated project cost for designing, procurement, installation and

other support infrastructure (inclusive of kitchen equipment, financing

charges, pre-operative expenditure& other furniture)is Rs. 60,00,000/ -

(Rupees Sixty Lakhs only)

8. Upset Price for

the First Year

Upset price for First year is Rs. 95,20,000/- (Rupees Ninety-Five Lakhs

Twenty Thousand only) excluding applicable GST. However, the

Bidders shall quote its (financial bid) license fee payable to HMDA

over and above the upset price.

TENDER CONDITIONS AND EVALUATION



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S.No KEY

INFORMATION

DETAILS

9. Tender Validity 90 days from the Bid Due Date (BDD)

10. Eligibility

Criteria

(a) Registered Firms(The firm should be registered under the Company Act

1956 / 2013 or under shops & establishments Act, 1988 or under

registrar of firms)or a Limited Liability Partnership (LLP) firms

registered under the applicable provisions of the LLP Act are only

eligible to participate for this Bid /tender.

(b) Technical capacity:Bidder should have successfully completed

experience of “Operating and Maintaining” any food court or

restaurant in area of at least 720 sq.ft for at least one year, during

the last five years from the bid due date”

The experience certificate from Public / Private sector organizations shall be

submitted towards demonstrating the experience / Capacity.

(c) Financial Capacity: Bidder shall fulfil the following below

financial requirements;

i. Net worth: “Minimum net-worth of at least Rupees Thirty (Rs.

30.00) Lakh at the close of the financial year preceding the Bid Due

Date; Certified by a Qualified Chartered Accountant (CA)” (For more

clarity, the Net worth shall be either as on 31st March 2019 or 31st

March 2020)

ii. Turnover: “The Bidder should have an annual turnover of at least

Rupees Fifty(Rs. 50.00) Lakhs at the close of the audited financial year

preceding the Bid Due Date”. Bidder shall submit the certificate

certified by a Qualified Chartered Accountant (CA)&copies of

Audited Balance Sheets. (For more clarity, the Net worth shall be

either as on 31st March 2019 or 31st March 2020)

(d) FSSAI License: Bidder shall have a valid FSSAI (Food Safety and

Standards Authority of India) License issued by the local

competent authority.

11. Tender

Evaluation

(a) Technical Evaluation: Bidder/s whose bids are responsive

(Detailed in the Clause 3.2.5, 3.2.6 and 3.2.7) and also meets the

Eligibility Criteria shall only be undertaken for further evaluation.

(b) Financial Evaluation: Price bids of technically qualified firms will

only be opened and evaluated.



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S.No KEY

INFORMATION

DETAILS

Note: The above Evaluation shall be strictly based on the documents uploaded

on e-procurement platform only.

12.

Criteria for

selection of

Bidder/s

The sole criterion for selection of the (among technically qualified

bidder/s) preferred Bidder is the Highest License Fee payable to

HMDA, quoted in Rupees over and above the upset price indicated

above.

13.

Pre-condition

for Signing

License

Agreement

(Only Preferred

Bidder after

receipt of Letter of

Acceptance)

The preferred Bidder shall fulfill all the following conditions for

signing the License Agreement within stipulated time indicated the

clause 3.4:

a) Security Deposit: Twenty Five percent (25%) of first year License

fee (Quoted Price) in the form of demand draft or Bank Guarantee

duly adjusting EMD amount paid drawn from a

nationalized/scheduled bank of India.

b) In addition to Security deposit, the Bidder shall pay one-month

advance License fee plus its applicable GST in the form of demand

draft.

c) The preferred Bidder shall pay two percent (02%) on the upset

price plus applicable GST towards non-refundable & irrevocable

Project Development Fee (PDF) in the form of Demand Draft

All the above said payments shall be in the form of DD drawn from any

Nationalized Bank in favor of Metropolitan Commissioner, HMDA

d) Preferred Bidder shall pay the Transaction Fee to TSTS as defined

in this tender

e) Preferred Bidder shall pay the Corpus Fund as defined in this

tender

All the above are pre conditions for signing License Agreement

DOCUMENTS IN TENDER SUBMISSION

14. Online

Submission

Bidders must uploaded their bids online not later than the due time

and date specified (in the clause 1.4) and in the manner specified in

this RFP Document.

15. Technical Bids Bidders shall upload the following requirements towards their



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S.No KEY

INFORMATION

DETAILS

Technical Bids;

(a) Application letter (Format provided in this tender)

(b) Experience certificates issued by the Public / Private Sector

organizations clearly specifying the Area & Duration of the

completed experience shall be submitted towards meeting the

Eligibility Criteria as defined in S. No. (10). of the Data sheet. Also,

documentary evidence such as Agreements, lease

deeds/agreement, photographs shall be submitted towards

demonstrating the technical experience.

(c) Net worth and Annual Turnover details certified by a Chartered

Accountant shall be submitted towards meeting Eligibility

Criteria as defined in S. no 10.c (i) & (ii) of the Data Sheet.

(d) Copies of Audited Balance sheets / IT returns of the latest financial

years preceding bid due date.

(e) Copy of valid FSSAI License.

(f) Copy of challan paid towards EMD/ Bid security.

(g) Copy of Registration Certificate of the Firm

(h) Copy of Bidder’s PAN card

(i) Copy of GST registration certificate

(j) Copy of latest IT Returns for the financial year preceding Bid Due

Date.

16. Financial Bid

Bidders shall be required to upload their Financial Bid / Quote per

annum (i.e. first year annual license fee) excluding applicable taxes.

(Quoted Financial / Bid Price shall be more than the Upset price indicated

above)

17. Payment of

License Fee

a) Licensee shall have a License Free Period for a duration of

maximum four (04) months from commencement of license

period, considering the development time& impact on Covid-19

pandemic.

b) Licensee shall pay its License Fee quoted in its financial bid “plus

applicable taxes such as GST together” to HMDA on monthly

basis on or before 10thof the every month as per the project award.

Note: Amendments / Addendum / Corrigendum, to the RFP if any, shall not be advertised in



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S.No KEY

INFORMATION

DETAILS

newspapers, but shall be posted on the website: www.tender.telangana.gov.in




Page 15

III. GENERAL TERMS AND CONDITIONS OF TENDER

3.1 Submission of Documents towards Technical Tender

a. Documents listed in the Sl no.15 of Data sheet shall be submitted, towards technical part

of the tender.

b. HMDA or TSTS shall not be responsible in any way for any failure of the Bidders with

regard to submission of the Bids using the e-procurement online system.

c. Amendments, if any, will be notified only in TSTS website i.e.,

www.tender.telangana.gov.in

3.2 Opening and Evaluation of Bids

1. Documents that are uploaded on e-procurement platform on or before the Bid Due Date

and time duly fulfilling the bid requirements in accordance with this RFP document shall

only be considered for Bid evaluation. The Evaluation shall be strictly based on the

documents uploaded on e-procurement platform only.

2. Incomplete tenders/Bids/proposals& unsigned tender forms or non-submission of the

same will be summarily rejected. Tenders submitted with any pre-condition or additional

conditions other than the conditions prescribed and supplied by the HMDA will also be

summarily rejected.

3. Tenders will be opened by the HMDA or its nominee on the dates mentioned, unless

extended by a notification published in HMDA and e-procurement portal website.

4. Each proposal will be given a number in the ascending order and will be recorded against

total number of tenders. For instance, if the total number of proposals received is five, the

first proposal will be recorded as 1/5, the second as 2/5 and so on.

5. Prior to Technical evaluation of Bids, the Authority will determine whether the Bid is

accompanied by the required EMD. Subject to confirmation of the EMD, the Technical

Bids will be taken up for determination of responsiveness of the Bid in terms hereof

6. Bids shall be considered responsive only if:

a) It is received by the Bid Due Date including any extension thereof.

b) Contains no false or misleading information or statement or undertaking

7. Other documents submitted towards technical tender will be opened and checked for all

the mandatory documents duly signed as per the list provided above. HMDA shall take a

decision at its sole discretion with regard to tenders without any of the said documents

submitted in any other format other than the prescribed.

8. HMDA reserves the right to seek further information / Clarifications from any of the

bidder on the uploaded documents only and the same shall be sought through a written

communication/ email.




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3.3 Evaluation of Price/ Financial Tenders:

i. HMDA will evaluate and compare the price Tenders of all the technically qualified

Bidders only. Negotiations at any level are strictly prohibited.

ii. Evaluation of financial tenders shall be in accordance with the point nos. 10, 11 and 12 of

Data Sheet.

iii. In the event that two or more Bidder(s) bids are computed/determined to have the same

annual license fee quotes (the “Tie Bidders”), the Authority shall identify the highest

bidder by draw of lots, which shall be conducted, with prior notice, in the presence of the

Tie Bidders who choose to attend.

3.4 Award of License:

i. The sole criterion for selection of the preferred Bidder shall be in accordance with the sl

nos. 12 of Data Sheet

ii. On acceptance of the Bid / tender, HMDA will communicate in written by issuing a

Letter of Acceptance (LoA) to such preferred Bidder (Bidder who is technically qualified and

offering highest license fee). Within two weeksof such communication, the Bidder shall fulfill

the conditions/ payments defined in sl no. 13 of Data Sheet. Non-fulfillment of the above

said payments within the stipulated time shall be deemed that the Bidder has withdrawn

its offer and the EMD already paid stands forfeited without any notice whatsoever.

Fulfillment of above payments is a precondition for signing the License agreement.

iii. In the event that the Highest Bidder withdraws or is not selected for any reason in the first

instance (the “first round of bidding”), the EMD paid by the Highest bidder shall be

forfeited by the Authority and may invite all the remaining technically qualified Bidders

to revalidate or extend their respective EMD or annul the Bidding Process, as the case

may be. In the event the Authority invites all the above said bidders to extend their EMD,

the Bidders will be asked to match the Financial Bid of the aforesaid Highest Bidder (the

“second round of bidding”). In the second round of bidding, if only one Bidder accepts

the Highest Bidder’s quoted amount, it shall be selected as the Preferred / Highest

Bidder. If two or more Bidders match the said Highest Bidder in the second round of

bidding, then the Bidder whose Financial Bid was higher as compared to other Bidder(s)

in the first round of bidding shall be the Preferred Bidder. For example, if the third and

fifth highest Bidders in the first round of bidding offer to match the said Highest Bidder

in the second round of bidding, the said third highest Bidder shall be the selected as the

Preferred / Highest Bidder.

iv. In the event that no Bidder offers to match the Highest Bidder in the second round of

bidding as specified, the Authority may, in its discretion, invite fresh Financial Bids (the

“third round of bidding”) from all Bidders except the Highest Bidder of the first round of



Page 17

bidding, or annul the Bidding Process, as the case may be. In case the Bidders are invited

in the third round of bidding to revalidate or extend their EMD, as necessary, and offer

fresh Bids, they shall be eligible for submission of fresh Financial Bids provided, however,

that in such third round of bidding only such Bids shall be eligible for consideration

which are higher than the Financial Bids of the second highest Bidder in the first round of

bidding”

v. Any negotiation with respect to the project site or facilities shall not be entertained in

whatsoever manner.

3.5 Project Approvals & Clearances

Further to issue of letter of acceptance (“LoA”), and in terms hereof and therein, the Successful

Bidder shall be responsible for obtaining requisite permissions from concerned authorities,

central and state governments, etc., required for undertaking project development &operations.

HMDA will execute License Agreement after due project approvals/ Clearances are obtained,

subject to fulfillment of other LOA conditions. Tentative list of approvals to be obtained by the

Successful Bidder is provided below.

Clearance/ approval from Local Authority, Fire Department, sanitation, public health, food safety

norms, structural safety certification from any Government Institution, etc, as may be required

Approvals/ clearances from any other department/s as may be required from time to time.

3.6 Bid Validity:

(a) Bids received will be valid for a period of Ninety days (90) from the Bid Due Date.

(b) In exceptional circumstances, prior to expiry of the original time limit (Bid Validity

Period), HMDA may request the Bidders to extend the period of validity for a specified

additional period. HMDA’s request and the bidder’s responses shall be made in writing.

However Bidder/s may refuse for any such extension without forfeiting its EMD and

their DDs shall be returned. Bidders agreeing the request may be required to provide a

fresh/ valid DD in lieu of the old DD submitted with tender. Bidders who submit the

new DD and agree to extend the bid validity shall only be considered for further

evaluation.

(c) During the above-mentioned period, no plea by the bidder for any sort of modification of

the tender based upon or arising of any alleged misunderstanding or mistake or any

other reason will be entertained.

(d) When the tender is under consideration, the EMD paid by the bidder shall be forfeited in

the event of a bidder either modifying OR withdrawing its tender, within the said

validity period.



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3.7 HMDA RESERVES RIGHT TO ACCEPT, REJECT OR CANCEL BIDS

a) Notwithstanding anything contained in this Bid, the Authority reserves the right to

reject any Bid and to annul the Bidding Process and reject all Bids at any time without

any liability or any obligation for such acceptance, rejection or annulment, and without

assigning any reasons thereof. In the event that the Authority rejects or annuls all the

Bids, it may, in its discretion, invite all eligible Bidders to submit fresh Bids hereunder.

b) HMDA shall have the right to accept, reject or cancel any tender without assigning any

reason and no grievance thereof will be entertained.

3.8 It shall be deemed that by submitting the Bid, the Bidder has:

i. Made visit to the Project site and has ascertained the site conditions, locations & its

surroundings, climate, availability of infrastructure and other applicable laws and

regulations of the state.

ii. Understood the HMDA’s & other local competent authority’s existing infrastructure and

the existing Licensee infrastructure.

iii. Accepted that only HMDA’s existing infrastructure shall be made available to the selected

Bidder under “AS IS WHERE IS BASIS”.

iv. Made a complete and careful examination of the RFP documents & received all relevant

information requested from Authority

v. Accepted the risk of inadequacy, error or mistake in the information provided in the

Tender Document or furnished by or on behalf of Authority relating to any of the matters

referred to in this RFP Document; and

vi. Satisfied itself about all matters, things, RFP Document, Project area and information,

including matters referred to herein necessary and required for submitting an informed

Bid, execution of the Project in accordance with the bidding documents and performance

of all of its obligations there under.

vii. Acknowledged and agreed that inadequacy, lack of completeness or incorrectness of

information provided in the RFP documents or ignorance of any of the matters referred to

hereinabove shall not be a basis for any claim for compensation, damages, extension of

time for performance of its obligations, loss of profits etc. from the Authority, or a ground

for termination of the License Agreement by the Licensee.

viii. Agreed to be bound by the undertakings, provided by it under and in terms hereof;

ix. Agreed that HMDA and its employees, consultants and its representatives, etc. are not

responsible in any respect for any discrepancy with regard to the Project and the RFP

document.



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3.9 Transaction Fee to TSTS:

All the Bidders shall pay transaction fee (@ 0.03% of Upset Price plus applicable Service

Tax) subject to a maximum of Rs. 10,000/- . Such payment shall be made online through

payment gateway to M/s TSTS ("Payment Gateway Service on e-procurement

platform”). Service Tax as levied by the Government of India on transaction fee,

electronic payment gateway charges are to be borne by the Bidders.

3.10 Corpus Fund:

The successful Bidder shall pay 0.04% of the quoted annual license fee towards e-

procurement corpus fund in the form of demand draft drawn in favour of “Managing

Director, Telangana State Technology services” payable at Hyderabad, at the time of

concluding agreement and hand over the same to Officer on Special Duty (OSD), BPP,

HMDA.



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IV. TERMS OF REFERENCE (TOR)

4.1 Licensee shall Design,Procure, Develop, Operate and Maintain the Project Facilities

(Indicated Below) within three (03) months from the License agreement date &

operate the project facilities within the “Permitted Project Area” along with other

support infrastructure facilities defined under ‘Minimum Development Obligations of

Licensee’ under sl. no. 5 of Data Sheet at its own cost.

4.2 The Project area shall be given to the selected bidder on “as is where is basis” for

undertaking the project operations. The maximum ground coverage project area,

which shall allot to the selected Licensee, is 720 sq. fts only as defined in the Data

sheet.

4.3 Minimum Development Obligations (MDOs)

(a) The selected Licensee shall aesthetically design & develop the “MODERN FOOD

COURT” with “Temporary Structure” duly installing / commissioning the following

project components with state of art interiors & exteriors under “Minimum

Development Obligations” with other support facilities defined below at its own cost

and within three (03) months from the date of handing over the site or signing the

License agreement, whichever is earlier.

(b) The following precautionary infrastructure measures need to be taken up by the

Licensee for erecting the proposed modern food court;

i. At least 600 mm soil shall be removed and back fill with the mixture of hard

soil duly well compacting the overall bed /ground level.

ii. Tiles shall be laid inside the food court meeting the standards stipulated in

the code of IS 875 part I. Licensee shall be recommended to use anyone of

the indicated makes / brands such as SOMANY, NITCO, KAJARIA, CERA.

(c) Seating arrangements: The Licensee shall design and develop the supporting

infrastructure to accommodate for at leasttwenty (20)persons. Seating shall be

permitted over the food court (i.e., first floor) and the Licensee shall design such food

court having recommended structural bearing capacity and other support furniture.

The Licensee shall arrange a one dedicated staircase with at least twenty(20) risers,

twenty (20) threads &SS 304 (Stainless Steel grade 304) railing with a thickness of 50

mm diameter for support for the visitors / customer to reach the first floor.Side SS

304 railing over the food court (first floor) shall be erects for the safety of the

customers with the height of one point two (01.20) meter from the finished floor level

over the food court.Specialdesign attention for first floor seating: The required

structural support members shall be designed & implement to suit the structural



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standards complying to 400kg/sq.m of live load as per IS:875 part II and wind load as

per IS: 875 part III.

(d) Adequate seating to be provided to visitors/ customers with adequate circulation

area, keeping CORONA pandemic in mind.

(e) Entire facility – entry, exit, seating, circulation, kitchen, etc. shall be designed so as to

maintain social distancing to check spread of Corona.

(f) The Licensee shall make its own arrangement to install shade Awnings to cover the

seating area proposed over the food court (Metal-Deck/ACP/Polycarbonate

materials) and with antislip finishing. The food court shall have a provision for

Custom Folding Window w/Hydraulic.

(g) Other materials / equipment such as Hygienic food storage Containers, Refrigerators,

Micro Ovens, etc. may be placed for relevant usage by the Licensee within the project

area.

(h) Establishment of Kitchen and cooking may be permitted only inside and upon prior

approval from HMDA in an area not exceeding 100 sq.ft within the project area only.

(i) Licensee shall be responsible for procuring the required power/electrical

infrastructure, water supply, underground drainage, etc from the concerned

departments duly paying the requisite payments at its own cost. HMDA shall not

bear any cost for these required connections.

(j) All the electrical wiring shall be installed by the certified electricians and no cut wires

are allowed to expose at the project area.

(k) Licensee shall sell only the permissible food eatery products only under the Minimum

Development Obligations of Licensee or any other similar product as may be

approved by HMDA for a price not more than Maximum Retail Price (MRP). Items/

products other than the above are prohibited from sale at project locations.

(l) Sale of Liquor and intoxicants or tobacco product / byproducts are strictly prohibited.

(m) Licensee will have to erect the necessary glow-lit sign boards, retro reflective signage

giving the contract details and tariff.

(n) In order to maintain the project area and surroundings neat and tidy, the Licensee

shall place adequate dustbins at desired locations for disposing the used plates,

glasses, spoons, sticks, papers, wrappers, etc. Licensee should dispose the garbage,

wasted food including bags etc., without chocking the drainage outlet. Use of plastic

/polythene bags are prohibited and it is advised to use cloth / paper bags.

(o) Licensee shall not carry on any other activity other than that permitted under this

License and if it comes to the notice of HMDA of any such unauthorized activity,

HMDA shall cancel/withdraw License at once without any advance notice.



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(p) Licensee shall be permitted for installation of light music system subject to playingthe

system within the recommended decibels frequency stipulated by the local competent

authority.

(q) The maximum height of the overall food court shall not exceed 24 feet from the

finished ground surface level.

(r) At least 5 no. of Planter boxes (Ornamental plants) shall be added within the project.

4.4 OTHEROBLIGATIONS / CONDITIONS:

(a) The Licensee shall prepare and design the overall project’s conceptual master layout

plan duly considering the terms and condition of RFP document and submit to

HMDA within two (02) weeks from the date of issuing the LOA for seeking the

approval on the conceptual plan & design. The conceptual plan shall cover the

following for enabling HMDA to grant approval;

i. Dimensions of the proposed food court, ground coverage area

ii. Materials to be used for construction of the project

iii. Tensile fabric structures designs (if proposed) ~ nos., materials, color

iv. 3D views and plans including area statement

v. Depict proper solid & liquid waste disposal plan

vi. Structural stability of food court shall be carried out to meet the stipulated

standards and a qualified structural engineer registered /empaneled under

local competent authority shall certify and a true copy of such certificate shall

be submitted along with the above design and plans

vii. Indicate the immovable assets to be transferred to HMDA post completion of

License period.

(b) The project design prepared by the preferred bidder shall be innovative, creative and

attractive and shall ensure structural stability and safety. Subject to review of the

design, HMDA shall approve such designs &views(before commencement of

implementation)within two weeks from the date of submission of designs & plans.

(c) In case, if HMDA don’t have any comments on the submitted designs /plans within

two weeks, then it is construed as deemed approval from HMDA.

(d) The Licensee shall commence development only after the approval /permission

from the BPP, HMDA on the submitted designs.

(e) However, post fulfillment of Minimum Development Obligations, the Licensee shall

obtained necessary clearances from HMDA before commencement of operation.

(f) The selected Developer shall adhere to all the norms of fire safety, other applicable

norms stipulated by the local competent authority and also obtain the insurance

coverage for the project facilities.



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(g) The layout & plans of the indicative modern food kiosk are enclosed as Annexure-A

in this RFP document as benchmark and HMDA expects the selected Licensee shall

develop this project.

(h) The operational time for the project shall be as per the time restrictions held by the

local competent authority including Police department.

4.5 The Licensee shall submit a copy of list of the items /food products regularly (once in

every one year or as & when the food menu is changed) which shall be made available to

the customer. Only upon the approval of HMDA, the Licensee is authorize/permitted

to sell and operate the project facilities.

4.6 The Licensee should keep up the standard and quality of the items, without any

complaint from the general public. On receipt of any complaint, the License will be

liable for cancellation.

4.7 Kitchen and cooking in the open space is strictly not permitted, if it comes to the

notice of HMDA of any such unauthorized activity related to installation of Kitchen

and cooking, HMDA shall cancel/withdraw License at once without any advance

notice.

4.8 Licensee shall not exorbitant rate/charge for the food or eatery products in

comparison with prevailing market rates. If the Licensee is found to charge

exorbitantly, then HMDA has right to direct the Licensee to sell accordingly.

4.9 All expenditure with respect to modern food court and its associated business

including Power charges, raw materials, taxes, water charges, applicable local

competent authorities charges (if any) etc. shall be payable by the Licensee only.

4.10 Bidders who submitted their tender are deemed to be fully satisfied about the Project,

Project Area, terms and conditions stipulated in the RFP document. HMDA and its

employees, consultants, advisors and its representatives, etc. are not responsible in

any respect for any discrepancy with regard to the Project site, HMDA’s existing

infrastructure and the RFP document.

4.11 HMDA shall not be responsible for any costs or expenses incurred by the bidders in

connection with the preparation and delivery of tenders, including costs and expenses

related to visit/s to the site. HMDA reserves the rights to cancel, terminate, change or

modify this Tender Process and /or requirements of tender conditions stated in this

document, without assigning any reason or providing any notice and without any

liability for the same.



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4.12 The License agreement shall be executed between the selected bidder (subject to the

terms and conditions stipulate in the tender document) and HMDA within two weeks from

the fulfillment of LOA conditions, subject to approval of designs. The project

development and operations shall be allowed only after execution of license

agreement, failing which it will be construed that the licensee is not willing /

accepting the terms and conditions spelt out in this tender. The EMD / Bid security

paid earlier shall be forfeited.

4.13 EMD will be refunded on application to the unsuccessful Bidders on the expiry of the

period of validity of tender OR the entrustment of the work to the successful Bidder

(herein referred to as Licensee) whichever is earlier. The EMD will not carry any

interest.

4.14 The Licensee shall not have any rights on transfer of license in whatever manner and

any such attempt shall entail HMDA for cancellation of license and the Licensee shall

be evicted from the project premises with immediate effect duly forfeiting the security

deposit paid by the Licensee.

4.15 The Licensee shall not use the allotted land for any other purpose other than the

permissible project facilities.

4.16 HMDA reserves the right to grant similar license for any other agency in and around

the project location for similar purpose. In this matter, the decision of Metropolitan

Commissioner, HMDA shall be final and bidding and existing Licensee shall not have

any right to raise any objection.

4.17 Licensee should not construct any permanent structure except temporary structures,

which shall be removed at its own cost after completion of the license period. The

Hon’ble supreme court has issued interim directions against any construction of

permanent structures and the licensee shall follow strictly the Supreme Court order or

any other court order /Govt., order issued from time to time.

4.18 Licensee shall be responsible for security & safety in the project area at their own cost.

The Licensee shall deploy required manpower during the project operation timings.

4.19 Licensee shall not use the plastic or polythene bags in the premises.

4.20 Licensee shall not have any claim for exemption in License fee if a Holiday is declared

by Govt., HMDA for what so ever reason.

4.21 LICENSE PERIOD AND LICENSE FEE

(a) License period shall be for a period of Five (05) years that shall commence from the

date of re-opening of Lumbini Park by the Government of Telangana. HMDA shall



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inform to the selected License with a written annexure indicating the commencement

of license period, which shall be the part and parcel of the license agreement.

(b) Further, the following conditions are provided for better clarity on the commencement of

License period;

i. If the agreement is concluded before re-opening of the parks by the Government, then

the License period shall commence from the date of re-opening of the park.

ii. If the agreement is concluded after the re-opening of the parks by the Government, then

the license period shall commence from the date of agreement only.

(c) Upset Price does not include any Taxes. However, the Licensee shall pay the License Fee

(quoted fee in its financial bid) plus applicable taxes (Such as GST, etc).

(d) First year License fee shall be the price quoted by the bidder in its financial bid. There

shall be an increment of 05% in the license fee every year over the previous year {i.e.,

02ndyear license fee is 05% over and above the License Fee of 01st year (Bidder’s

Quoted fee) and 3rdyear License Fee is 05% over and above that of the 2nd year}.

4.22 LICENSE FEE PAYMENT TO HMDA

a) Licensee shall have a License Free Period for a duration of maximum four (04)

months from commencement of license period, considering the development time&

impact on Covid-19 pandemic.

b) License fee is payable to HMDA by the Licensee on monthly basis &shall be an

amount of 1/12th of the QuotedLicense fee in its financial bid for the first year plus

GST. The License payment shall be paid through online gateway or through Escrow

account as instructed by the OSD, BPP, HMDA.

c) Licensee shall remit the License Fee on a monthly basis on or before 10thof every

month. However, delayed payments for any reason beyond 10th may be accepted till

15thof such month, subject to levy of penal interest at 13.5% for whole monthand

subject to maximum of three defaults2 during the entire License period. In case, if the

Licensee is found to exceed such said defaults for more than 3 times during the

active license period, then the license shall be liable for termination.

d) Further, if the Licensee do not pay its License fee to HMDA for suchpayable two

consecutive months, then HMDA shall stop the operations of the project without any

information and shall treat the Licensee as tress-passer or encroacher liable for

criminal action under law. The Licensee shall not have any rights on the project

facilities whatsoever the reasons may be.(For instance, the Licensee need to pay the

computed (1/12th of quoted license fee) advance monthly License fee on or before

10th of January 2020 or 15th January 2020 (subject to levy of penal interest) for the

2Defaults is defined as the delay in making the payment beyond 15th of such month.



Page 26

month “January 2020”, however, even if the Licensee could not make the payment

even after 15th January 2020 and till 10thnext month i.e., February 2020, then HMDA

shall stop the operations of the project without any information and shall treat the

Licensee as tress-passer or encroacher liable for criminal action under law).

4.23 WITHDRAWAL: In case, if the Licensee withdraws its License during its License

period, then the License shall follow and accept the procedures and conditions

outlined below;

i. The Licensee shallprovide a notice (“Withdrawal Notice”) in writing to HMDA

regarding its withdrawal from the project and its operations under the

signature of the Licensee only.

ii. The Withdrawal Notice shall be effective for a minimum period of three month

(“Withdrawal Period”) from the notice date.

iii. HMDA may accept the withdrawal notice (provided by the Licensee) subject the

below condition:

Licensee should submit the License fee for the withdrawal notice period,

clear all the payment dues (if any) and obtain No due Certificate from

HMDA.

Duringthe said Withdrawal Period, the Licensee shall continue to

perform such of their respective obligations under this License / License

Agreement which are capable of being performed with the object, as far

as possible, of ensuring continued availability of the Project/facility to

the users/visitors/tourist, failing which the Licensee in breach shall

compensate the HMDA for any loss or damage occasioned or suffered on

account of the underlying failure/breach.

iv. On acceptance of withdrawal notice by HMDA, the security deposit which is

already paid by the License stands forfeited without any notice whatsoever.

HMDA has complete rights in this regards and the Licensee has not right to

reclaim any deposits whatsoever the reason is.

v. By the end of the Withdrawal period, the Licensee shall stop the activity

granted under the License and leave the premises duly handing over the

premises to HMDA in original condition on “as is where is basis”. HMDA

shall treat the Licensee as tress-passer or encroacher liable for criminal action

under law, in case if the License does not vacate the premises on the date as

approved and intimated by the HMDA for withdrawal.



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vi. If the Licensee does not furnish the No Due Certificate issued by the HMDA,

then HMDA shall blacklist the said License holder for a period of five year for

participating in further tenders under HMDA.

4.24 Cancellation / Termination of License by HMDA: The following but not limited to,

shall be the grounds for cancelling the License Agreement by HMDA.

a) Default in payments by violating clause 4.24.

b) Non response to notices issued or not responding within the notice timeperiod.

c) The Show cause notice / termination notice issued by the HMDA will specify

the period after which the License shall stand cancelled.

In case of cancellation of License by HMDA or on expiry of the License period, the

Licensee shall with immediate effect, stop the activity granted under the License and

leave the premises duly handing over the premises to HMDA (duly clearly / paying the

payments) in original condition on “as is where is basis”, failing which it shall be

deemed that the Licensee has vacated the premises and possession reverted to the

licensor, and HMDA shall evict Licensee and treat the Licensee as tress-passer or

encroacher liable for criminal action under law.

4.25 The Successful bidder / Licensee shall always retain at least 51% of the stake in the

project throughout the license agreement period subject to the following.

a) The licensee has to seek prior approval of HMDA.

b) HMDA reserves the right to approve/deny the same. Before coming into force,

revised agreement shall be entered after duly verifying the credentials of the

new party and entering the same into the agreement

4.26 INSURANCE

a) The entire project along with all project infrastructural facilities, customers in the

project area and using the project facility, project staff, etc. shall be fully covered

under the relevant insurance coverage during the entire license period. The

insurance cover shall be against any unforeseen accidents, terrorist sabotage,

mechanical failure/ electrical failure/ or for any other reasons in the project area.

b) The coverage of general public, visitors and customers to the project facility shall be

covered under “Public Liability Insurance Act 1991 and amendments thereon”

c) Insurance for the entire project staff shall be fully covered under Group Personnel

Accident (GPA) Insurance policy as per Workmen Compensation Act 1923 &

amendments thereafter.



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d) The Licensee shall pay the premium regularly to Insurance Company and submit receipt

to the HMDA along with the duplicate copy of such Insurance policy premium receipt

for verification. Licensee will get the insurance policy renewed from time to time during

the license period.

4.27 TAXES& DUTIES

The Licensee has to bear all the taxes, penalties, charges, license fee, etc. connected with

project operations levied by the Government, which are in force.

4.28 PENALTY

a. The Licensee shall be liable to pay a minimum fine of Rs.50,000/- (Rupees Fifty

Thousand only) at the discretion of the HMDA for each misconduct or breach of

provisions under this agreement or any of its agents, servants, workmen to observe

or perform any of the terms and conditions of the agreement. If such incidents

occurs more than two times during the contract period, the agreement shall be

liable for termination duly forfeiting all deposits and the project area shall be taken

over by the HMDA without any intimation to the Licensee.

b. If the Licensee fails to pay the due installment within the stipulated time, penal

action under R.R Act will be taken as per the terms of the License, without

prejudice to the rights of HMDA to take action under R.R. Act or other legal

measures as may be considered necessary for recovery. Besides the Security

Deposit will be adjusted against pending dues.

4.29 INDEMNIFICATION

(a) HMDA shall not be responsible or liable for any loss to the Licensee due to

termination or non-renewal of the License either by HMDA or the Licensee as per

License terms and conditions or vacation of premises by the Licenseefor whatever

reason which may or may not be in the normal business of this License.

(b) The Licensee shall indemnify HMDA from all losses, thefts, damages claimed for

any injury or what so ever sustained by any third party or HMDA due to the act of

omission or commission by the Licensee or his agents or found vicariously liable to

compensate by any authority or court of law. The amount as falling due on such

claims or as per agreement clause may be lawfully recoverable from the Licensee.

(c) The Licensee indemnifies the HMDA for any claim by any person for the provisions

of various Acts enacted by the Central / State Governments, such as payment of

wages act., workmen’s compensation act., hours of employment regulation act.,

employment of children acts, ESIC, EPF etc.,



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(d) The HMDA shall not be responsible or liable to pay any compensation or refund any

portion of the License Fee and charges to the Licensee for reasons whatsoever. The

Licensee shall not interfere; damage the installations / infrastructure of the HMDA.

4.30 PROJECT PERSONNEL

(a) Licensee should provide laminated photo identity cards to the employees employed

by the Licensee for manning the project and its operations.

(b) Licensee, its employees, agents and servants shall observe, perform and comply with

all rules and regulations made by the authority, HMDA or any other department of

Government and / or local body of administration, in force from time to time and

applicable to under this agreement and to the area in which the said premises /

lands are located.

4.31 TRANSFER OF ASSETS:

4.31.1 All the infrastructural assets3which are developed, operated and maintained as per

the other terms and conditions stipulated in the tender document by the Licensee

shall be under the ownership of HMDA after the completion of project License

period.

4.31.2 On commencement of the fifth year from the date of License agreement, HMDA

shall have joint site inspection (Officials of HMDA and the Licensee) and record the

status (workability) of the infrastructural immovable assets / project

facilities(proposed &indicated during the design approval stage).The project’s

infrastructural immovable assets recorded shall be under the ownership of HMDA.

4.31.3 After the completion of License period, the License shall transfer all the

infrastructural assets recorded (during the commencement of fifth year) to

Hyderabad Metropolitan Development Authority (HMDA).

4.32 DISPUTE RESOLUTIONS

In the event of any dispute arising between HMDA and the Licensee, the decision of the

Metropolitan Commissioner, MC, HMDA shall be final and binding on the Licensee.

3Infrastructural assets (which are either developed by HMDA or the Licensee) means all civil infrastructure such as flooring, false ceiling, doors, window, glassed facades, steel hinges (if any), cable ducts, Landscape and any other immovable infrastructure assets indicated during the design approval stage.



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APPLICATION LETTER

Metropolitan Commissioner,

#6-1-2/1, Lumbini Park, Near Tank Bund Road,

Buddha Purnima Project (BPP), HMDA, Hyderabad - 500063

Tele no: 040-23450502

Sub: HMDA – DEV – BPP-Grant of License for Design, Procure, Installation, Operation

and Maintenance of the Modern Food Court inside Lumbini Park, Hyderabad,

Telanganafor Five Years – Reg.

-oOo-

In response to your Notice published in the Daily Newspaper and Government web

portal www.tender.telangana.gov.in, I /We submit my/our application as follows:

1. Name of the applicant's : ________________________________________

(in BLOCK LETTERS)

2. Address of the applicant

(a) Permanent _____________________________

(b) Temporary/correspondence address _________________________

Tel No .: Off __________________Resi:____________

3. Further, I/We acknowledge that the Authority will be relying on the information

provided in the Tender and the documents accompanying the Proposal for selection of

the Bidder, and we certify that all information provided in the Tender and in the

Appendices are true and correct, nothing has been omitted which renders such

information misleading; and all documents accompanying such Proposal are true

copies of their respective originals.

4. I / We shall make available to the Authority any additional information it may deem

necessary or require for supplementing or authenticating our Tender.




Page 31

5. I / We acknowledge the right of the Authority to reject our tender without assigning

any reason or otherwise and hereby waive our right to challenge the same on any

account whatsoever.

6. I / We certify that in the last five years, we have neither failed to perform on any

contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or

a judicial pronouncement or arbitration award against the Bidder, nor been expelled

from any project or contract by any public authority nor have had any contract

terminated by any public authority for breach on our part.

7. I/We declare that:

a) We have examined and have no reservations to the RFP Document, including any

Addendum issued by the Authority;

b) 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 RFP document issued by or any

agreement entered into with the Authority or any other public sector enterprise or

any government, Central or State; and

c) I/We hereby certify that we have taken steps to ensure that in conformity with the

provisions of this RFP Document, no person acting for us or on our behalf will

engage in any corrupt practice, fraudulent practice, coercive practice, undesirable

practice or restrictive practice.

8. I / We understand that you may cancel the Selection Process at any time and that you

are neither bound to accept any Tender that you may receive nor to select the Bidder,

without incurring any liability to the Bidder in accordance with the RFP Document.

9. 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 orders passed by a regulatory authority which would cast a doubt on our

ability to undertake the Project or which relates to a grave offence that outrages the

moral sense of the community.

10. I/We hereby irrevocably waive any right or remedy which we may have at any stage

at law or howsoever otherwise arising to challenge or question any decision taken by

the Authority (and/ or the Government of India) in connection with the selection of

Consultant or in connection with the Selection Process itself in respect of the above

mentioned Project.



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11. I/We agree and understand that the tender is subject to the provisions of the RFP

Document. In no case, shall I/we have any claim or right of whatsoever nature if the

Project is not awarded to me/us or our proposal is not opened or rejected.

12. In the event of my/our firm being selected as the Licensee, I/we agree and undertake

to provide our services in accordance with the provisions of the RFP Document on our

own and not through any sub Licensee or associate or any others.

13. I/We have studied RFPDocument and all other documents carefully. We understand

that we shall have no claim, right or title arising out of any documents or information

provided to us by the Authority or in respect of any matter arising out of or

concerning or relating to the Selection Process including the award of Project.

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

document. In witness thereof, I/we submit this Tender under and in accordance with

the terms of the Tender Document.

Yours faithfully,

(Signature, name and designation of the authorized signatory)

(Name and seal of the Bidder)

Place:



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FORMAT FOR

EXPERIENCE IN ELIGIBLE PROJECT/S

Signature ______________________

Name ______________________

Date _________________________

Notes:

* The claimed experience shall be supported by project completion certificates issued by

the Government Authorities/ Public/ Private Sector towards documentary evidence.

Experience details in this format shall be furnished in latest first order.

S# Name of

Project

Client Details Project Location Particulars of Project

Facilities

Completed

Certificate

Enclosed as

Proof of

Experience*

1

2

3



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ANNEXURE – A: LAYOUT & PLAN OF THE PROPOSED MODERN FOOD COURT



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ANNEXURE – B: INDICATIVE VIEWS OF MODERN FOOD COURT