Request For Qualification: Directorate of Tourism Government of Uttar Pradesh

Directorate of Tourism
Government of Uttar
Pradesh
Request for Qualification
Instruction to Bidders
Operation of Rahi Tourist Bungalow, Mathura

City through Private Sector Participation on
Lease and Development basis in the state of
Uttar Pradesh
April 2022
Tender No ______ (PPP)Lease/2022
Paryatan Bhawan, C-13, Vipin Khand,

Gomti Nagar, Lucknow - 226010
Tel: 0522-2308017/2308993
Fax: 0522-2307074/2308937
Operation of Rahi Tourist Bungalow, Mathura City through Private Sector Participation on Lease and Development
basis in the state of Uttar Pradesh
DISCLAIMER
subsequently provided to Applicant(s), whether verbally or in documentary or any

other form, by or on behalf of the Authority or any of its employees or advisors, is
provided to Applicant(s) on the terms and conditions set out in this RFQ and such
other terms and conditions subject to which such information is provided.
This RFQ is not an agreement and is neither an offer nor invitation by the Authority to
the prospective Applicants or any other person. The purpose of this RFQ is to provide
interested parties with information that may be useful to them in the formulation of
their application for qualification pursuant to this RFQ (the
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 Applicant may
require. This RFQ may not be appropriate for all persons, and it is not possible for the
Authority, its employees or advisors to consider the investment objectives, financial
situation and particular needs of each party who reads or uses this RFQ. The
assumptions, assessments, statements and information contained in this RFQ may
not be complete, accurate, adequate or correct. Each Applicant should therefore,
conduct its own investigations and analysis and should check the accuracy,
adequacy, correctness, reliability and completeness of the assumptions,
assessments, statements and information contained in this RFQ and obtain
independent advice from appropriate sources.
Information provided in this RFQ to the Applicant(s) is on a wide range of matters,

some of which may depend upon interpretation of law. The information given is not
intended to be an exhaustive account of statutory requirements and should not be
regarded as a complete or authoritative statement of law. The Authority accepts no
responsibility for the accuracy or otherwise for any interpretation or opinion on law
expressed herein.
The Authority, its employees and advisors make no representation or warranty and
shall have no liability to any person, including any Applicant or Bidder, under any law,
statute, rules or regulations or tort, principles of restitution or unjust enrichment or
otherwise for any loss, damages, cost or expense which may arise from or be
incurred or suffered on account of anything contained in this RFQ or otherwise,
including the accuracy, adequacy, correctness, completeness or reliability of the RFQ
and any assessment, assumption, statement or information con tained therein or
deemed to form part of this RFQ or arising in any way with pre-qualification of
Applicants for participation in the Bidding Process.
The Authority also accepts no liability of any nature whether resulting from
negligence or otherwise howsoever caused arising from reliance of any Applicant
upon the statements contained in this RFQ.
The Authority may, in its absolute discretion but without being under any obligation to
do so, update, amend or supplement the information, assessment or assumptions
contained in this RFQ.
The issue of this RFQ does not imply that the Authority is bound to select and short -
list pre-qualified Applications for Bid Stage or to appoint the selected Bidder or
Concessionaire, as the case may be, for the Project and the Authority reserves the
right to reject all or any of the Applications or Bids without assigning any reasons
whatsoever.
Directorateof Tourism, Government of Uttar Pradesh

The Applicant shall bear all its costs associated with or relating to the preparation and
submission of its Application including but not limited to preparation, copying,
postage, delivery fees, expenses associated with any demonstrations or
presentations which may be required by the Authority or any other costs incurred in
connection with or relating to its Application. All such costs and expenses will remain
with the Applicant and the Authority shall not be liable in any manner whatsoever f or
the same or for any other costs or other expenses incurred by an Applicant in
preparation or submission of the Application, regardless of the conduct or outcome of
the Bidding Process.
INSTRUCTION FOR E TENDERING
The bidding process for this tender will be completed online through e-tender portal.
The tender document can be downloaded free of cost from the e-tender portal.
The bidder has to register with his/her Digital Signature Certificate (DSC) in the e-
tendering system and subsequently he/she will be allowed to carry out his/her e - bid
submission activities. Registering the Digital Signature Certificate (DSC) is a one-
time activity. Before proceeding to register his/her DSC, the bidder should first log on
to the e-tendering system using the user login option on the home page with the login
id and password with which he/she has registered.
For successful registration of DSC on e-procurement portal http://etender.up.nic.in,
the bidder must ensure that he/she should possess class-2/class-3 DSC issued by
any certifying authorities approved by the controller of certifying authorities,
Government of India, as the e-procurement website http://etender.up.nic.in is
presently accepting DSCs issued by these authorities only. The bidder can obtain
user login id and perform DSC registration exercise even before e-bid submission
date starts. The bidder shall be required to use own digital signature while uploading
its bid. The bidder shall be required to upload the bid using its digital signature only.
Failure to comply or usage of digital signature of other firm shall be liable for rejection
of the bid.
The bidders must upload all the required documents electronically in the pdf format,
only on the e- tender portal https://etender.up.nic.in. It is suggested that the pdf files
should be made in grayscale using the minimum readable appropriate resolution so
that the size of the files is minimized for fast uploading on the e-tender portal
https://etender.up.nic.in.
Along with uploading the e-bids online, the demand draft towards the tender fee has
to be submitted in original (hard copy) in a separate envelop on or before the last
date & time of the tender submission date at the address given below. The demand
drafts Government of Uttar
and payable at Paryatan Bhawan 4th floor, C-13, Vipin Khand,
Gomti Nagar, Lucknow 226010, Uttar Pradesh, India

REQUEST FOR QUALIFICATION
VOLUME I
INSTRUCTIONS TO BIDDERS
TABLE OF CONTENTS
Sl. No. Contents Page

No.
Letter for Submission of Qualification Application 7
1 Introduction 10
1.1 Project Background 10
1.2 Brief description of Bidding Process 11
1.3 Schedule of Bidding Process 15
2 Instructions to Applicants 16
2A General 16
2.1 Scope of Application 16
2.2 Eligibility of Bidders 16
2.3 Change in Composition of the Consortium 22
2.4 Number of Applications and costs thereof 22
2.5 Site visit and verification of information 22
2.6 Acknowledgement by Applicant 23
2.7 Right to accept or reject any or all Applications 23
2B Documents 24
2.8 Contents of the RFQ 24
2.9 Clarifications 25
2.10 Amendment of RFQ 25
2C Preparation and Submission of Application 26
2.11 Language 26
2.12 Format and signing of Applications 26
2.13 Sealing and marking of Applications 26
2.14 Application Due Date 27
2.15 Late Applications 28
2.16 Modifications/ substitution/ withdrawal of Applications 28
2D Evaluation Process 29
2.17 Opening and Evaluation of Applications 29
2.18 Confidentiality 30
2.19 Tests of responsiveness 30
2.20 Clarifications 31
2E Qualification and Bidding 31
2.21 Short-listing and notification 31
2.22 Proprietary data 31
2.23 Correspondence with the Applicant 31
2.24 Validity of Applications 31
5
Directorate of Tourism, Government of Uttar Pradesh
3 Criteria for Evaluation 32

3A Qualification Phase 32
3.1 Evaluation parameters 32
3.2 Technical Capacity for purposes of evaluation 32
3.3 Details of Experience 32
3.4 Short-listing of Applicants 32
3.5 Contacts during Application Evaluation 32
4 Fraud and Corrupt Practices 33
5 Pre-Application Conference 35
6 Miscellaneous 36
Appendices 37
I Letter Comprising the Bid for Pre-Qualification 38
Annex I Details of Applicant 42
Annex - II Technical Capacity of Applicant 44
Annex - III Financial Capacity of Applicant 45
Annex - IV Certificate for Associate relationship 47
Annex - V Statement of Legal Capacity 48
II Format for Power of Attorney for signing of Application 49
IIA Format for Power of Attorney for Lead Member 51
III Declaration regarding clean track record 53
IV Format for Joint Bidding Agreement 54
Annexure A (Project Details) 59
6
Government of Uttar
Pradesh
LETTER FOR SUBMISSION OF QUALIFICATION APPLICATION
To,
Director General Tourism

Government of Uttar Pradesh
C-13, Vipin Khand
Gomti Nagar
Lucknow - 26010
Ref: Submission of Application against your TenderReference No: dated
Operation of Rahi Tourist Bungalow, Mathura City through

Private Sector Participation on Lease and Development basis in the state
of Uttar Pradesh Project
Dear Sir,
We, the undersigned Applicants, having read and examined in detail the entire RF Q,
do hereby propose to Operation of Rahi Tourist Bungalow, Mathura City through
Private Sector Participation on Lease and Development basis in the state of
Uttar Pradesh as specified in the RFQ, Tender Reference Number dated
along with the following:
a. BID DOCUMENT FEES (NON-REFUNDABLE)

We have enclosed a crossed Demand
Uttar payable at Lucknow for the
sum of Rs 20,000/- (Rupees Twenty Thousand only) as Application Document
fees.
b. CERTIFICATE OF AUTHORITY
We have enclosed a Power of Attorney authorizing the signatory to sign the
Application on behalf of the Applicant.
c. This Application is made for the express purpose of our selection as Successful
Bidder / Concessionaire for aforesaid Project.
d. I / We shall make available to the Authority any additional information it may find
necessary or require to supplement or authenticate the Application.
We hereby declare that our Application is made in good faith, without collusion or
fraud and the information contained in the Application is true and correct to the
best of our knowledge andbelief.
We understand that our Application is binding on us and that you are not bound to
accept an Application you receive.
7
Thanking you,
Yours faithfully,
Name of the Applicant Entity:
(Signature of the Authorized Signatory of the Applicant)

Name of the Authorized Signatory of the Applicant
Designation of the Authorized Signatory of the Applicant
Seal of the Company
Date:
Business Address of the Applicant entity:
8
Invitation for Qualification Proposal
9
1. INTRODUCTION
1.1 Project Background
1.1.1 Embedded in the heart of India is Uttar Pradesh, a land where cultures have
evolved, and religions emerge. The greatness of Uttar Pradesh lies not only in
this confluence, but also in the emergence of cultural and religious traditions
along some of the greatest rivers in the Indian sub-continent the Ganga and
the Yamuna. Throughout history, great cities have emerged and established
along great rivers. Within India, the Ganga and the Yamuna have nurtured a
culture because of which religious faith, rituals, culture, and intellectual
enlightenment have evolved in places along the two rivers.
1.1.2 In recent times, Uttar Pradesh has gained the attention and interest as an
important outbound tourist destination. Apart from being home to one of the
Seven Wonders of the World, it also offers a range of cultural experiences,
landscapes, and tourism products. In addition to religious tourism, Uttar
Pradesh can be positioned as cultural, agriculture and leisure -based tourism.
Uttar Pradesh has a lot to offer to an avid tourist as it is very rich in terms of
cultural history. Uttar Pradesh is well-known for its culture, ancient civilization,
and spirituality and epic history.
1.1.3 Government of Uttar Pradesh (GoUP) through Directorate of Tourism,
Government of Uttar Pradesh (hereinafter referred to as
) owns properties/assets in the State of Uttar Pradesh. GoUP
through the Director General Tourism is working on multiple projects for
tourism development in Uttar Pradesh. One of such projects is Operation of
Rahi Tourist Bungalow, Mathura City through Private Sector Participation on
Lease and Development basis in the state of Uttar Pradesh.
1.1.4 The primary objective of the proposed project is to provide quality Tourists
with shelter / accommodation facility, food, refreshment and similar service
offerings on a commercial basis so as to enhance the tourist experience at the
destination.
1.1.5 With the objective of providing upgraded facilities to the tourists, better
management and promoting tourism, Government of Uttar Pradesh (GoUP)
through the Director General, Tourism, Government of Uttar Pradesh (the
) is envisaging Operation of Rahi Tourist Bungalow, Mathura City
through Private Sector Participation on Lease and Development basis in the
state of Uttar Pradesh and has decided to carry out the bidding process for
selection of a private entity to whom the Project may be awarded. Brief
particulars of the Project are as follows:
Estimated
Name of the Plot Current Build-up
(indicative) Project
Project Area Area
Cost (Rs Cr.)
Rahi Tourist
Bungalow, 8,595 Sqm. 2,082 Sqm. 5.89
Mathura City
(Please refer Annexure A for project site details)

10
1.1.6 The estimated investment in the Project Estimated Project Cost has
been specified in Clause 1.1.5. The Estimated Project Cost is indicative and
the assessment of actual investments in all respects will have to be made by
the Applicant.
1.1.7 The Authority intends to pre-qualify and short-list suitable Applicants (the
Applicants who will be eligible for participation in the Bid Stage, for
awarding the Project through an open competitive bidding process in
accordance with the procedure set out herein.
1.1.8 The Authority shall receive Applications pursuant to this RFQ in
accordance with the terms set forth herein as modified, altered, amended
and clarified from time to time by the Authority, and all Applications shall
be prepared and submitted in accordance with such terms on or before
the date specified in Clause 1.3 for submission of Application (the
Due ).
1.1.9 The scope of work will broadly include Development of the CSMM and its
operations & maintenance thereof as per the provisions of the
Development Agreement and Schedules.
1.1.10 The statements and explanations contained in this Request for
Qualification - (the document) are intended to provide a better
understanding to the Applicants about the subject matter of this
and should not be construed or interpreted as limiting in any way or
manner the scope of services and obligations of the Developer set forth in
amend, alter,
change, supplement or clarify the scope of work, the Concession to be
awarded pursuant to the RFP or the terms thereof. Consequently, any
omissions, conflicts or contradictions in the Bidding Documents including
this RFQ are to be noted, interpreted and applied appropriately to give
effect to this intent, and no claims on that account shall be entertained by
the Authority.
1.1.11 The Selected Bidder shall through a SPV undertake designing, financing,
developing / upgrading, operation and maintenance of the Project in
accordance with the Guidelines & Polices issued by the concerned
Government (Government of India and GoUP) through Public Private
Partnership mode on Lease and Development basis for a concession period
of 30 (thirty) years (the ) including construction /
upgradation period (the .
1.2 Brief description of Bidding Process
1.2.1 The Authority has adopted a two-stage e-bid process (collectively referred to
as the "Bidding Process") for selection of the bidder for award of the Project.
The first stage (the Qualification Stage of the Bidding Process involves
pre-qualification of interested parties on the basis of their Technical Capacity
and Financial Capacity in accordance with the provisions of Clause 3A &
clause 2.2.2. of this RFQ (the ). At the end of this stage, the
Authority expects to announce a short-list of suitable pre-qualified Applicants
who shall be eligible for participation in the second stage of the Bidding
Process (the "Bid Stage") comprising Request for Proposals (the
for or ). The bidder shall be required to pay Tender
Document Fees (NON-REFUNDABLE) and Tender Processing Fee (NON-
REFUNDABLE) via crossed Demand
Tourism, Uttar Pradesh, payable at Lucknow for the sum of Rs
20,000/- (Rupees Twenty Thousand only) as Bid Document fees
11
1.2.2 In the Qualification Stage, Applicants would be required to furnish all the
information specified in this RFQ. Only those Applicants that are pre-qualified
and short-listed by the Authority shall be invited to submit their Bids for the
Project in the second stage. The Authority is likely to provide a comparatively
short time span for submission of the Bids for the Project. The Applicants are,
therefore, advised to visit the site and familiarize themselves with the Project.
1.2.3 In the Bid Stage, the Bidders will be called upon to submit their technical &
financial offers (the "Bids") in accordance with the RFP and other documents
to be provided by the Authority (collectively the "Bidding Documents"). The
qualified bidders shall be evaluated basis the technical qualification (TQ)
parameters detailed out in the RFP, those scoring not less than the
Technical will be eligible for the financial
evaluation ( ). The financial quote shall be opened for the
eligible bidders only i.e. the bidders meeting the minimum technical marks. In
case of less than 2 (two) Eligible Bidders, the Authority reserves the right to
lower the minimum technical experiencescore.
1.2.4 The Eligible Bidder quoting the highest financial quote shall be the selected
Bidder. The remaining Bidders shall be kept in reserve and may, in
accordance with the process specified in the RFP, be invited to match the Bid
submitted by the Highest Bidder in case such Highest Bidder withdraws or is
not selected for any reason. In the event that none of the other Bidders match
the Bid of the Highest Bidder, the Authority may, in its discretion, invite f resh
Bids from the remaining Bidders or annul the Bidding Process, as the case
may be.
1.2.5 For the purpose of Qualification, Applicants would be required to furnish all
the information as specified in this RFQ and any other documents provided by
the Authority.
1.2.6 Applicant may be a company incorporated under Indian Companies Act,

registered partnership firm or LLP (Limited Liability Partnership) incorporated
under relevant Indian Laws. It is hereby clarified that save and except for
aforesaid entities, other entities are not eligible to submit bids under this RFQ.
An eligible entity may submit its bid individually or come together with other
eligible entities to submit its bid in form of a consortium in accordance with
terms of this RFQ.
Interested parties may download the RFQ documents from

https://etender.up.nic.in/or uptourism.gov.in. This RFQ contains information
about the Project, bidding process, Bid submission and qualification Proposal
requirements.
1.2.7 During the Bid Stage, Bidders are invited to examine the Project in greater
detail, and to carry out, at their cost, such studies as may be required for
submitting their respective Bids for award of the concession including
implementation of the Project.
1.2.8 As part of the Bidding Documents, the Authority will provide a draft
Concession Agreement along with its schedules, project details prepared by
the Authority or its consultants and other information pertaining / relevant to
the Project available with it.
1.2.9 Further and other details of the process to be followed at the Bid Stage and
the terms thereof will be spelt out in the Bidding Documents.
12
1.2.10 During the Bid Stage, the shortlisted applicants will be required to deposit,
along with its Bid, an unconditional, unequivocal and irrevocable bid security
(the Bid Security refundable no later than 60 (sixty) days from the Bid
Due Date, except in the case of the Selected Bidder whose Bid Security shall
be retained till it has provided a Performance Security under the
Development Agreement. The Bidders will have an option to provide Bid
Security in the form of a crossed Demand Draft or a Bank Guarantee. In case
Bid Security is furnished in the form of Bank Guarantee, the validity period of
the Bank Guarantee shall not be less than 240 (two hundred and forty) days
from the Bid Due Date, inclusive of a claim period of 60 (sixty) days and may
be extended (subject to a maximum of 180 days) as may be mutually agreed
between the Authority and the Bidder from time to time. The Bid shall be
summarily rejected if it is not accompanied by the Bid Security. For the
purpose of this clause, Demand Draft shall be made
any scheduled bank payable at Lucknow. Bank
Guarantee shall be made
at any scheduled bank inLucknow.
1.2.11 During the Bid stage, Financial Bids shall be invited on the basis of the
highest concession fee (the ) proposed to be paid to the
Authority as per the provisions hereof and more particularly of the Draft
Development Agreement by the Selected Bidder for implementing the Project.
The Concession Fee will be escalated by Indexation Parameter every year.
From sixth year onwards, higher of the escalated Concession Fee or five
percent of the Gross Revenue from operations for the Project will be payable
as Concession Fee. The concession period is pre-determined and fixed as 30
(thirty) years.
Indexation Parameter
shall mean: - The Indexation Parameter shall be calculated by the following
formula:
(Gross Revenue of the year Gross Revenue of immediately
preceding year)
Indexation Parameter = X 100%
Gross Revenue of immediately preceding year
However, Indexation Parameter shall be subject to a minimum limit of 5%.

Indexation Parameter will be computed from second year of operations. Up to
the second year of operations, Indexation Parameter will be taken as five
percent.
The Developer shall submit a Business Plan setting out therein, projected
Gross Revenue for each year of concession. Based on said projections, the
Developer shall pay annual Concession Fee to Authority at beginning of each
year during the term of Development Agreement, subject to annual
reconciliation within one month of the filing of audited financial
statement/annual return, which should be within six months of expiry of the
Tourism Business, updated periodically from time to time, that sets out how it
is intended to operate, manage and develop the Project Property over a
planning horizon and will include financial projections for the plan period. In
addition to the aforesaid annual Concession Fee, the Selected Bidder would
be required to pay an Upfront Premium
13
1.2.12 Any queries or request for additional information concerning this RFQ shall be
submitted in writing or e-mail to the officer designated in Clause 2.13 .3. The
envelopes/communications shall clearly bear the following identification/title:
Operation of Rahi
Tourist Bungalow, Mathura City through Private Sector Participation on
Lease and Development basis in the state of Uttar Pradesh
14
1.3 Schedule of BiddingProcess
The Authority shall endeavor to adhere to the following schedule:
NO. EVENT DESCRIPTION DATE

Qualification Stage
1. Last Date of Receiving Queries 25th April, 2022
2. Pre-Application Conference 26th April, 2022, 12.00 PM
3. Response to Pre-Application 29th April, 2022
Queries
4. Application Due Date 12th May, 2022, 2:00 PM
5. Date for opening of Qualification
13th May, 2022, 12:00 PM
Bid and announcement of short-
listed Applicants
Bid Stage
6. Sale of Bid Documents To be informed later
7. Last Date of receiving Pre-Bid
To be informed later
Queries
8. Pre-Bid Conference To be informed later
9. Response to Pre-Bid Queries To be informed later
10. Bid Due Date To be informed later
11. Date of opening of Technical Bids To be informed later
12. Announcement of eligible bidders To be informed later
13. Date of opening of Financial Bid To be informed later
14. Announcement of selected bidders To be informed later
15. Issue of Letter of Award To be informed later
16. Validity of Bids 120 days of Bid Due Date
17. Signing of Concession Agreement Within 30 days of award of LOA
Note: In case any above mentioned date lies on public holiday, the next
working day shall be considered as such date.
Authority will endeavor to adhere to the dates indicated above. However, it

reserves the right to effect changes to the above dates, if the need arises.
(uptourism.gov.in) & https://etender.up.nic.in/nicgep/app from time to time.
15
2. INSTRUCTIONS TO APPLICANTS
2A. GENERAL
2.1 Scope of Application
2.1.1 The Authority wishes to receive Applications for Qualification in order to short-
list experienced and capable Applicants for the Bid Stage.
2.1.2 Short-listed Applicants may be subsequently invited to submit the Technical &
Financial Bids for the Project
2.2 Eligibility of Applicants
2.2.1 For determining the eligibility of Applicants for their pre-qualification

hereunder, the following shall apply:
a) The Applicant is eligible to submit only one Application for the Project. An
Applicant applying individually or as a member of a Consortium shall not
be entitled to submit another Application either individually or as a member
of any Consortium, as the case may be.
b) The Applicant may be a single entity or a group of entities (the

together to implement the Project. However, no
Applicant, applying individually or as a member of a Consortium, as the
case may be, can be member of another Consortium. The term Applicant
used herein would apply to both single entity and a Consortium including
each Member of the Consortium.
c) An Applicant may be a Company incorporated under Indian Companies

Act as amended / modified / replaced from time to time or a firm
registered under Indian Partnership Act, 1932 or a Limited Liability
Partnership (LLP) registered under the Limited Liability Partnership (LLP)
Act, 2008.
d) The Applicant shall not have a conflict of interest (the

that affects the Bidding Process. Any Applicant found to have a Conflict of
Interest shall be disqualified. An applicant shall be deemed to have a
Conflict of Interest affecting the Bidding Process, if:
(i) the Applicant, its Member or its Associate (or any constituent
thereof) and any other Applicant or any of its Associate thereof ( or
any constituent thereof) have common controlling shareholder s or
other ownership interest; provided that this disqualification shall
not apply in cases where the direct or indirect shareholding of an
Applicant or an Associate thereof (or any shareholder thereof
having a shareholding of not more than 25% (twenty five per cent)
of the paid up and subscribed share capital of such Applicant or
Associate, as the case may be) in the other Applicant or Associate,
is not more than 25% (twenty five per cent) of the subscr ibed and
paid up equity share capital thereof; provided further that this
disqualification shall not apply to any ownership by a bank,
insurance company, pension fund or a public financial institution
16
referred to in section 2(72) of the Companies Act, 2013. For the

purposes of this Clause 2.2.1, indirect shareholding held through
one or more intermediate persons shall be computed as follows:
(aa) where any intermediary is controlled by a person through
management control or otherwise, the entire shareholding held by
such controlled intermediary in any other person (the Subject
Person shall be taken into account for computing the
shareholding of such controlling person in the Subject Person; and
(bb) subject always to sub-clause (aa) above, where a person
does not exercise control over an intermediary, which has
shareholding in the Subject Person, the computation of indirect
shareholding of such person in the Subject Person shall be
undertaken on a proportionate basis; provided, however, that no
such shareholding shall be reckoned under this sub-clause ( bb) if
the shareholding of such person in the intermediary is less than
26% of the subscribed and paid up equity shareholding of such
intermediary; or
(ii) Such Applicant or any Associate thereof receives or has received

any direct or indirect subsidy, grant, concessional loan or
subordinated debt from any other Applicant or Associate, or has
provided any such subsidy, grant, concessional loan or
subordinated debt to any other Applicant or any Associate thereof ;
or
(iii)Such Applicant has the same legal representative for purposes of

this Applicant as any other Applicant; or
(iv) Such Applicant, or any Associate thereof has a relationship with

another Applicant, or any Associate thereof, directly or through
common third party/ parties, that puts either or both of them in a
position to have access to each
influence the Applicant of either or each other;or
(v) Such Applicant or any Associate thereof has participated as a

consultant to the Authority in the preparation of any documents,
design or technical specifications ofthe Project.
Notwithstanding anything stated herein, a conflict-of-interest situation

arising at the Qualification will be considered to subsist only, as between
such Applicants attracting conflict of interest provisions on account of
shareholdings, who submit bids under this document.
Explanation:
For purposes of this RFQ, Associate means, in relation to the Applicant /

Consortium Member, a person who directly or indirectly, controls, is
controlled by, or is under the common control with such Applicant/
Consortium Member. As used in this definition, the expression
means, with respect to a person which is a company or corporation, the
ownership, of more than 50% (fifty per cent) of the voting shar es of such
person, and with respect to a person which is not a company or
corporation, the power to direct the management and policies of such
person by operation of law.
17
2. An Applicant shall be liable for disqualification if any legal, financial or

technical adviser of the Authority in relation to the Project is engaged by
the Applicant, its Member or any Associate thereof, as the case may be, in
any manner for matters related to or incidental to the Project during the
Bidding Process or subsequent to the (i) issue of the LOA or (ii) execution
of the Development Agreement.
3. In case the Applicant is a Consortium, it shall, in addition to forming an

SPV, comply with the following requirements;
i. The number of members in a Consortium would be limited to 3 (three);
ii. The shareholding commitments of all the members of the Consortium

shall be in accordance with Clause 2.3;
iii. the Application should contain the information required for each
member of the Consortium;
iv. Members of the Consortium shall nominate one member as the lead
member (the The other members of the Consortium
shall be termed as The nomination(s) of Lead
Member shall be supported by a Power of Attorney, as per the format
at Appendix II A, signed by all the members of the Consortium;
v. The Bid should include a brief description of the roles and

responsibilities of individual members, particularly with reference to
financial, technical and / or operation & maintenance obligations;
vi. An individual Applicant cannot at the same time be member of a

Consortium applying for qualification. Further, a member of a
particular Applicant Consortium cannot be a member of any other
Applicant Consortium applying for qualification;
vii. The Parties to the Consortium should establish a SPV and execute the
Development Agreement in respect of the Project awarded to such
Consortium.
viii. Members of the Consortium shall enter into a binding Joint Bidding
Agreement JBA as per the format provided in Appendix IV,
for the purpose of submitting Application and should submit the same
along with the Qualification Application. The JBA should be specific to
the Project and should fulfil the requirements set out below, failing
which the Application shall be considered non-responsive. The JBA
shall, inter alia:
a. convey the intent to form an SPV with shareholding/ownership

equity commitment(s) in accordance with Clause 6, which would
enter into the Development Agreement and subsequently carry out
all the responsibilities as Developer in terms of the Development
Agreement, in case the Concession to undertake the Project is
awarded to the Consortium;
18
b. clearly outline the proposed roles and responsibilities of each

member at eachstage;
c. commit the minimum equity stake to be held by each member;

and
d. Include a statement to the effect that all members of the

Consortium (including Associate, whose technical or financial
experience has been claimed) shall under the Development
Agreement, be liable jointly and severally for obligations of the
Developer in relation to the Project.
e. Except as provided under this RFQ and the Bidding Documents,

there shall not be any amendment to the JBA without the prior
consent of the Authority.
2.2.2 To be eligible for qualification and short-listing, an Applicant shall fulfil the
following conditions of eligibility:
2.2.2.1 For Bidders having experience in Tourism / Hospitality business:
(A) Technical Capacity: For demonstrating technical capacity and

experience (the ), the Applicant shall have:
(i) Been in existence (incorporated / registered) on or before 1 st April

2017, and;
Shall be in operation of Tourism / Hospitality business for the last

three financial years, if the directors of the bidder company who own
a controlling stake are engaged in the operation of Tourism /
Hospitality business for the last three financial years in their
respective professions / businesses, then it shall be assumed that
the bidder company has demonstrated to have the technical capacity
to participate in the bidding process as per this Clause
(B) Financial Capacity: For demonstrating financial capacity (the

), the Applicant shall have:
(i) The Applicant shall have a minimum average annual turnover of

INR 1,75,00,000/- (Rupees One Core Seventy Five Lakhs only)
for the last three financial years for which audited financial
statements are available (i.e. 2017-18, 2018-19 and 2019-2020)
and;
(ii) The Applicant should have a minimum Net Worth of INR

90,00,000/- (Rupees Ninety Lakhs only) at the end of the preceding
financial year (i.e. 2019-20).
Note:
I. The Technical and Financial capacity mentioned in clause 2.2.2.1
(A) (ii) and 2.2.2.1 (B) (i) & (ii) shall be fulfilled by the Applicant
either by itself or through its Associate subject to terms of this
RFQ.
2.2.2.2 For Bidders not having experience in Tourism / Hospitality business:

19
(A) Technical Capacity: For demonstrating technical capacity and

experience (the ), the Applicant shall have:
(i) Been in existence (incorporated / registered) on or before 1 st April

2017;
(B) Financial Capacity: For demonstrating financial capacity (the

), the Applicant shall have:
(i) The Applicant shall have a minimum average annual turnover of

INR 3,00,00,000/- (Rupees three crores only) for the last three
financial years for which audited financial statements are available
(i.e. 2017-18, 2018-19 and 2019-2020), and;
(ii) The Applicant should have a minimum Net Worth of INR

1,75,00,000/- (Rupees one crore seventy five lakhs only) at the
end of the preceding financial year (i.e. 2019-20).
Note:
I. The Technical and Financial capacity mentioned in clause 2.2.2.2
(A) (ii) and 2.2.2.2 (B) (i) & (ii) shall be fulfilled by the Applicant
either by itself or through its Associate subject to terms of this
RFQ.
2.2.3 The Applicant shall enclose with its Application, to be submitted as per the
format at Appendix-I, complete with its Annexes, the following:
(i) Certificate(s) from its statutory auditors stating that the Applicant is in
existence or incorporated on or before 1st April 2014);
(ii) Certificate(s) from its statutory auditors specifying the annual turnover
of the Applicant, for the three preceding financial years (i.e. 2017-18, 2018-
19 and 2019-2020); and
(iii) Certificate(s) from its statutory auditors specifying the net worth of the
Applicant as at the close of the preceding financial year (i.e. 2019-20).
Provided that in case Applicant is a partnership firm or LLP, the following

shall be required to be submitted :- Income Tax Audit Certificate (in case of
partnership firm) or audited accounts/Statement of Accounts and Solvency
and annual return filed with ROC (in case of LLP).
2.2.4 The Applicant should submit a Power of Attorney along with Board
resolution in favour of executants as per the format at Appendix-II,
authorizing the signatory of the Application to commit the Applicant. In case
the Applicant is a Consortium, the members thereof should furnish a Power
of Attorney in favour of the Lead Member in the format at Appendix IIA.
2.2.5 The Applicant (single entity or consortium of entities) shall incorporate
Act, 2013, to act as Developer to execute the Development Agreement and

implement the Project.
2.2.6 In computing the Technical Capacity and Financial Capacity of the

Applicant under Clauses 2.2.2, 2.2.3 and 3.2, the Technical Capacity and
Financial Capacity of their respective Associate would also be eligible
20
hereunder; provided however the Applicant shall ensure and procure that
-in period.
It is clarified that a certificate from a qualified external auditor who audits the
book of accounts of the Applicant shall be provided to demonstrate that a
person is Associate of the Applicant.
2.2.7 The following conditions shall be adhered to while submitting the

application:
a. Applicants should attach clearly marked and referenced continuation

sheets in the event that the space provided in the prescribed forms in the
Annexes is insufficient. Alternatively, Applicants may format the
prescribed forms making due provisions for incorporation of the
requested information;
b. information supplied by an Applicant (or constituent Member, if the
named
in the Application and not, to other associated companies or firms;
c. in responding to the prequalification phase, Applicant should demonstrate
their capabilities in accordance with Clause 3.1, 3.2 and 3.3; and
d. In case the Applicant is a Consortium, each Member should substantially
satisfy the qualification requirements to the extent specified herein.
2.2.8 While Qualification is open to persons from any country, the following
provisions shall apply:
(a) Where, on the date of the Application, not less than 15% (fifteen percent) of
the aggregate issued, subscribed and paid up equity share capital in an
Applicant is held by persons resident outside India or where an Applicant is
controlled by persons resident outside India; or
(b) if at any subsequent stage after the date of the Application, there is an
acquisition of not less than 15% (fifteen percent) of the aggregate issued,
subscribed and paid up equity share capital or control, by persons resident
outside India, in or of the Applicant;
then the Qualification of such Applicant or in the event described in sub clause
(b) above, the continued Qualification of the Applicant shall be subject to
approval of the Authority from national security and public interest
perspective. The decision of the Authority in this behalf shall be final,
conclusive and binding on the Applicant.
The holding or acquisition of equity or control, as above, shall include direct or

indirect holding/ acquisition, including by transfer, of the direct or indirect legal
or beneficial ownership or control, by persons acting for themselves or in
concert and in determining such holding or acquisition, the Authority shall be
guided by the principles, precedents and definitions contained in the
Securities and Exchange Board of India (Substantial Acquisition of Shares
and Takeovers) Regulations, 2011, or any substitute thereof, as in force on
the date of such acquisition.
The Applicant shall promptly inform the Authority of any change in the
shareholding, as above, and failure to do so shall render the Applicant liable
for disqualification from the Bidding Process.
21
2.2.9 Notwithstanding anything to the contrary contained herein, in the event that
the Application Due Date falls within three months of the closing of the
latest financial year of an Applicant, it shall ignore such financial year for
the purposes of its Application and furnish all its information and
certification with reference to the 3 (three) years or 1 (one) year, as the
case may be, preceding its latest financial year. For the avoidance of doubt,
financial year shall, for the purposes of an Application hereunder, mean the
accounting year followed by the Applicant in the course of its normal
business.
2.2.10. Any entity which has been barred by the Central/ State Government, or any
entity controlled by it, from participating in any project (BOT or otherwise), and
the bar subsists as on the date of Application, would not be eligible to submit
an Application, either individually or as member of a Consortium.
2.2.11 An Applicant including any Consortium Member or Associate should, in the

last 3 (three) years, 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 Applicant, Consortium
Member or Associate thereof, as the case may be, nor has been expelled
from any project or contract by any public entity nor have had any contract
terminated by any public entity for breach by such Applicant, Consortium
Member or Associate thereof.
2.2.12 An Applicant including any Consortium Member shall not be eligible to submit
Application in the following cases:
(i) If it has been convicted by any Court of Competent Jurisdiction;
(ii) If charge sheet has been submitted against the Applicant including any
Consortium member before a Court of Competent Jurisdiction.
2.3 Change in Composition of the Consortium

2.3.1 Change in the composition of a Consortium will not be permitted by the Authority
during the Qualification Stage.
2.3.2 Where the Bidder is a Consortium, change in the composition of a Consortium may
be permitted by the Authority during the Bid Stage, only where:
1. the application for such change is made no later than 15 (fifteen) days
prior to the Bid Due Date;
2. the Lead Member continues to be the Lead Member of the Consortium;
3. the substitute is at least equal, in terms of Technical Capacity, to the
Consortium Member who is sought to be substituted and the modified
Consortium shall continue to meet the pre-qualification and short-listing
criteria for Applicants; and
4. the new Member(s) expressly adopt(s) the Application already made on
behalf of the Consortium as if it were a party to it originally and is not an
Applicant/Member/Associate of any other Consortium bidding for this
Project.
2.3.3 Approval for change in the composition of a Consortium shall be at the sole
discretion of the Authority and must be approved by the Authority in writing.
2.3.4 The modified/ reconstituted Consortium shall submit a revised Jt. Bidding
Agreement before the Bid Due Date.
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2.3.5 Notwithstanding anything to the contrary contained in sub-clause (d) (i) of Clause
2.2.1, an Applicant may, within 10 (ten) days after the Application Due Date, remove
from its Consortium any Member who suffers from a Conflict of Interest, and such
removal shall be deemed to cure the Conflict of Interest arising in respect thereof.
2.4 Number of Applications and costs thereof
2.1.2 No Applicant shall submit more than one Application for the Project. An
Applicant shall not be entitled to submit another Application.
2.1.3 The Applicants shall be responsible for all of the costs associated with the
preparation of their Applications and their participation in the Bid Process. The
Authority will not be responsible or in any way liable for such costs, regardless
of the conduct or outcome of the Bidding Process.
2.2 Site visit and verification of information

Applicants are encouraged to submit their respective Application after visiting
the Project site and ascertaining for themselves the site conditions, location,
surroundings, climate, availability of power, water and other utilities for
construction, access to site, handling and storage of materials, weather data,
permissible land use, building byelaws, other applicable laws and regulations,
and any other matter considered relevant by them.
2.3 Acknowledgement byApplicant
2.3.1 It shall be deemed that by submitting the Application, the Applicant has:
(a) made a complete and careful examination of this RFQ;
(b) received all relevant information requested from the Authority;
(c) accepted the risk of inadequacy, error or mistake in the information provided in this
RFQ or furnished by or on behalf of the Authority relating to any of the matters
referred to in Clause 2.5 above;
(d) agreed to be bound by the undertakings provided by it under and in terms hereof;
2.3.2 The Authority shall not be liable for any omission, mistake or error in respect
of any of the above or on account of any matter or thing arising out of or
concerning or relating to the RFQ or the Bidding Process, including any error
or mistake therein or in any information or data given by the Authority.
2.4 Right to accept or reject any or all Applications
2.4.1 Notwithstanding anything contained in this RFQ, the Authority reserves the
right to accept or reject any Application and to annul the Bidding Process and
reject all Applications, at any time without any liability or any obligation for
such acceptance, rejection or annulment, and without assigning any reasons
thereof.
2.4.2 The Authority reserves the right to reject any Application if:
(a) at any time, a material misrepresentation is made or uncovered, or
23
(b) the Applicant does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the
Applicant.
Such misrepresentation / improper response shall lead to the disqualification

of the Applicant. If the Applicant is a Consortium, then the entire Consortium
and each Member may be disqualified / rejected. If such disqualification/
rejection occurs after the Applications have been opened and the Highest
Bidder gets disqualified/ rejected, then the Authority reserves the right to
annul the Bidding Process and to invite fresh Bids.
2.4.3 In case it is found during the evaluation or at any time before signing of the
Development Agreement or after its execution and during the period of
subsistence thereof, including the concession thereby granted by the
Authority, that one or more of the pre-qualification conditions have not been
met by the Applicant, or the Applicant has made material misrepresentation or
has given any materially incorrect or false information, the Applicant shall be
disqualified forthwith if not yet appointed as the Developer either by issue of
the LOA or entering into of the Development Agreement, and if the Applicant
/SPV has already been issued the LOA or has entered into the Development
Agreement, as the case may be, the same shall, notwithstanding anything to
the contrary contained therein or in this RFQ, be liable to be terminated, by a
communication in writing by the Authority to the Applicant, without the
Authority being liable in any manner whatsoever to the Applicant, without
prejudice to any other right or remedy which the Authority may have under
this RFQ, the Bidding Documents, the Development Agreement or under
applicable law.
2.4.4 The Authority reserves the right to verify all statements, information and
documents submitted by the Applicant in response to this RFQ. Any such
verification or lack of such verification by the Authority shall not relieve the
Applicant of its obligations or liabilities hereunder nor will it affect any rights of
the Authority thereunder.
2.4.5 Any condition or qualification or any other stipulation contained in the

Application shall render the Applicant liable to rejection as a non-responsive
Application.
2.4.6 The documents including this RFQ and all attached documents, provided by
the Authority are and shall remain or become the property of the Authority and
are transmitted to the Applicant solely for the purpose of preparation and the
submission of an Application in accordance herewith. Applicants are to treat
all information as strictly confidential and shall not use it for any purpose other
than for preparation and submission of their Application. The provisions of
this Clause 2.7.6 shall also apply mutatis mutandis to Applications and all
other documents submitted by the Applicants, and the Authority will not
return to the Applicants any Application, document or any information
provided along therewith.
2B. DOCUMENTS
2.5 Contents of the RFQ
2.5.1 This RFQ comprises the disclaimer set forth hereinabove, the contents as
listed below, and will additionally include any Addenda issued in accor dance
24
with Clause 2.10.
Invitation for Qualification
Section 1. Introduction
Section 2. Instructions to Applicants
Section 3. Criteria for Evaluation
Section 4. Fraud &Corrupt Practices
Section 5. Pre-Application Conference
Section 6. Miscellaneous
Appendices
I. Letter comprising the Application

II. Power of Attorney forsigning of Application
II.A Power of Attorney for Lead Member (in case of Consortium)
III. Declaration Regarding Clean Track Record
IV. Joint Bidding Agreement
2.5.2 The Draft Development Agreement and Schedules provided by the Authority
as part of the Bid Documents shall be deemed to be part of the RFP.
2.6 Clarifications
2.6.1 Applicant requiring any clarification on the RFQ may notify the Authority in
writing or e-mail in accordance with Clause 1.2.12. They should send in their
queries before the date specified in the schedule of Bidding Process
contained in Clause 1.3. The Authority shall endeavor to respond to the
queries within the period specified therein. The Authority will publish all the
queries and its responses thereto, and upload on the website
https://etender.up.nic.in/and uptourism.gov.in without identifying the source of
queries.
2.6.2 The Authority shall endeavor to respond to the questions raised or

clarifications sought by the Applicants. However, the Authority reserves the
right not to respond to any question or provide any clarification and nothing in
this Clause shall be taken or read as compelling or requiring the Authority to
respond to any question or to provide any clarification.
2.6.3 The Authority may also on its own motion, if deemed necessary, issue
interpretations and clarifications to all Applicants. All clarifications and
interpretations issued by the Authority shall be deemed to be part of the RFQ.
Verbal clarifications and information given by the Authority or its employees
or representatives shall not in any way or manner be binding on the Authority.
2.7 Amendment of RFQ
2.7.1 At any time prior to the Application Due Date, the Authority may, for any
reason, whether at its own initiative or in response to clarifications requested
by an Applicant, modify the RFQ by the issuance of Addenda.
2.7.2 Any Addendum thus issued will be uploaded on the https://etender.up.nic.in/.

Applicants are advised to keep watch on https://etender.up.nic.in/ and
Authority website for any modification in RFQ and other updates about the
Project. The Applicants must submit their Applications in compliance of the
25
latest updates, addendums, modifications or amendments issued by the

Authority. The Authority does not assume any responsibility to Applicants,
who fails to submit their Application in accordance with latest updates,
addendums, modifications or amendments issued by the Authority before
Application Due Date. In such case the Authority may reject any bid for the
non-compliance of hereunder.
2.7.3 In order to afford the Applicants a reasonable time for taking an Addendum
into account, or for any other reason, the Authority may extend the Application
Due Date.
2C PREPARATION AND SUBMISSION OF APPLICATION
2.8 Language
The Application and all related correspondence and documents in relation to

the Bidding Process shall be in English language. Supporting documents and
printed literature furnished by the Applicant with the Application may be in any
other language provided that they are accompanied by true translations of it in
the English language, duly authenticated and certified by the Applicant.
Supporting materials, which are not translated into English, may not be
considered. For the purpose of interpretation and evaluation of the
Application, the English language translation shall prevail.
2.9 Format and signing ofApplication
2.9.1 The Applicant shall provide all the information sought under this RFQ. The
Authority will evaluate only those Applications that are received in the
required formats and complete in all respects. Incomplete and /or conditional
Applications shall be liable to rejection.
2.9.2 The Applicants should submit their Applications online only in the
le of the e-tender portal https://etender.up.nic.in. The
Applications shall be submitted only from the Application submission start
date till the bid submission end date and time given in the e-tender portal
https://etender.up.nic.in. Therefore, bidders are advised to submit the e- bids
well in time.
2.9.3 The proposal, all correspondence and documents shall be written in English.
In case of accompanying literature or brochures, etc. Being in a language
other than English, a certified translation should accompany the documents
as part of the tender. All proposals and accompanying documentation will
become the property of the Department of Tourism and will not be returned.
The Applicants should submit their e-bid considering the server time
displayed on the e-tender portal https://etender.up.nic.in. The server time is
the time by which the e-bid submission activity will be allowed till the
permissible time on the last/end date of submission of e-bids indicated in the
e-tender schedule. Once the e-bid submission date and time is over, the
Applicants cannot submit their e-bid. The Applicants shall only be held
responsible for any delay and whatsoever reason in submission of e-bid. The
procedure for submission of e-bids by the Applicants on the e-tender portal
https://etender.up.nic.in is already available on the portal and has also been
explained in the tender document under e- section.
2.9.4 The Application and its copy shall be typed or written in indelible ink and
signed by the authorized signatory of the Applicant who shall also initial each
26
page in blue ink. In case of printed and published Documents, only the cover
shall be initialled. All the alterations, omissions, additions or any other
amendments made to the Application shall be initialled by the person(s)
signing the Application. The Application shall contain page numbers and shall
be bound together in hard cover and submitted online.
2.10 Sealing and Marking of Applications
2.10.1 The Applicants shall submit the Application in the format specified at
Appendix-I, together with the documents specified in Clause 2.13.2 (A) and
mark the e-envelope as Qualification Application The e-envelopes of the
Qualification Bid shall then be uploaded as per 2.12.2.
2.10.2 (A) Each Qualification envelope shall contain:
(i) Application in the prescribed format (Appendix-I) along with Annexes

and supporting documents;
(ii) Power of Attorney for signing the Application as per the format at
Appendix- II;
(iii) copy of Memorandum and Articles of Association, if the Applicant is a

body corporate, and if a partnership / LLP then a copy of its
partnership deed;
(iv) balance sheet and profit and loss
account for the preceding five years;
(v) Crossed Demand Draft or Payment Receipt towards the Bidding

Documents fee as specified in Clause 1.2.1;
(vi) A copy of the RFQ with each page stamped and initialled by the
person signing the Application in pursuance of the Power of Attorney
referred to in sub-clause (ii) hereinabove.
(vii) Power of Attorney for Lead Member of the Consortium in the

prescribed format (Appendix II A), if applicable.
(viii) Joint Bidding Agreement (in case of Consortium) as prescribed in the
prescribed format at Appendix IV
2.10.3 The bid shall be addressed to:
ATTN. TO: Director General

AUTHORITY: Directorate of Tourism, Government of Uttar Pradesh
ADDRESS: Paryatan Bhawan, C-13, Vipin Khand, Gomti Nagar,
Lucknow 226010
FAX NO.: +91 522-2307074/2308937
E-MAIL ADDRESS: ttd.upt@gmail.com , dg.upt1@gmail.com
PHONE NO.: +91 522-2308017/2308993
WEBSITE uptourism.gov.in
2.10.4 Applications submitted by courier, fax, telex, telegram or e-mail shall not be
27
entertained and shall be rejected.
2.11 Application Due Date
2.11.1 Applications should be submitted up to till 1400 hours IST on the Application
Due Date, in the manner and form as detailed in this RFQ.
2.11.2 The Authority may extend the Application Due Date by issuing an Addendum
in accordance with Clause 2.10 uniformly for all Bidders.
2.12 Late Applications

2.12.1 The server time indicated in the bid management window on the e-tender
portal https://etender.up.nic.in will be the time by which the e-application
submission activity will be allowed till the permissible date and time scheduled
in the e-tender. Once the Application Due Date time is over, the Applicant
cannot submit his/her application. Applicant has to start the e-Application
submission well in advance, so that the submission process passes off
smoothly. The Applicant only, will be held responsible if his/her e-Applications
are not submitted in time due toany reasons.
2.12.2 It shall be deemed that prior to the submission of the proposal, the Applicant
has:
A. Made a complete and careful examination of terms andconditions
/requirements, and other information as set forth in this RFQ document.
B. received all such relevant information as it has requested from the DoT,
and;
C. Made a complete and careful examination of the various aspects of the
project.
The DoT shall not be liable for any mistake or error or neglect by the Applicant
in respect of the above.
2.13 Modifications/substitution/ withdrawal of Applications
2.13.1 Withdrawal: At any point of time, a Applicant can withdraw his/her e-

Application submitted online before the Application Due Date and time. For
withdrawing, the Applicant should first log in using his/her login id and
password and subsequently by his/her digital signature certificate on the e
procurement portal https://etender.up.nic.in. The Applicant should then select
The page listing all the bids
details of
the Application to be withdrawn. After selecting the option,
the bidder has message "Do you want to withdraw this
bid?" displayed in the for the selected bid. The
bidder also has to enter the Application withdrawing reasons and upload the
letter giving the reasons for withdrawing before
The Applicant has to conf irm again before finally
withdrawing his / her selected Application. Once the Applicant has withdrawn
his/her bid he/she cannot re-submit this Application again.
2.13.2 Resubmission: The Applicant can resubmit his/her e-bids as and when
required till the Application Due Date and time. The new Application will
replace the e-Applications submitted earlier. The payment made by the
Applicant earlier will be used for revised e-applications and the new
Application submission summary generated after the successful submission
of the revised e-Application will be considered for evaluation purposes. For
28
resubmission, the Applicant should first log in using his/her login id and
password and subsequently by his/her digital signature certificate on the e-
tender procurement portal https://etender.up.nic.in. The Applicant should
The page listing all
details of the bid to be resubmitted. After selecting the Resubmi

-Application documents
by following the methodology provided in clause submission of e-application
above. The Applicant can submit their revised applications as many times as
possible by uploading their e-applications documents within the scheduled
date& time for submission of e-applications. No e-applications can be
resubmitted subsequently after the deadline for submission of e-application.
2.13.3 The DoT may, in exceptional circumstances, and at its sole discretion, extend
the above Application due date by issuing acorrigendum.
2D. EVALUATION PROCESS
2.14 Opening and Evaluation of Applications
2.14.1 Bidders are advised to submit their applications on e-tender portal only. On
receipt on the e-tender portal, the Qualification Application will be opened by
the Bid Evaluation Committee (BEC) members in the Office of the Department
of Tourism, Paryatan Bhawan, Lucknow.
2.14.2 The Authority will open all e-applications, in the presence

authorized representatives who choose to attend at 4th floor, Paryatan
Bhawan, C-13, Vipin Khand, Gomti Nagar, Lucknow 226010 on the date and
time The representatives
who are present shall record their attendance on the attendance sheet. In the
event of the specified date of e-bid opening being declared a holiday f or the
purchaser, the e-bids shall be opened at the appointed time and place on the
next working day.
2.14.3 The Authority will subsequently examine and evaluate Bids in accordance
with the provisions set out in Section 3 of the RFQ.
2.14.4 Applicant are advised that qualification of Applicant will be entirely based on
the provision this RFQ. Applicant will be deemed to have understood and
agreed that no explanation or justification on any aspect of the Bidding
Process or selection will be given.
2.14.5 The Authority reserves the right to reject any proposal not submitted on time
and which does not contain the information/documents as set out in this
tender document. To facilitate evaluation of proposals, the Authority may, at
its sole discretion, seek clarifications in writing from any Applicant regarding
its proposal.
2.14.6 Any information contained in the Application shall not in any way be construed
as binding on the Authority, its agents, successors or assigns, but shall be
binding against the Applicant if the Project is subsequently awarded to it on
the basis of such information.
2.14.7 The Authority reserves the right not to proceed with the Bidding Process at
any time without notice or liability and to reject any or all Application(s) without
assigning any reasons.
29
2.14.8 Where any information is found to be patently false or amounting to a material

misrepresentation, the Authority reserves the right to reject the Application in
accordance with the provisions of Clauses 2.7.2 and 2.7.3.
2.15 Confidentiality
Information relating to the examination, clarification, evaluation, and
recommendation for the short-listed pre-qualified Applicants shall not be
disclosed to any person who is not officially concerned with the process or is
not a retained professional advisor advising the Authority in relation to, or
matters arising out of, or concerning the Bidding Process. The Authority will
treat all information, submitted as part of application, in confidence and will
require all those who have access to such material to treat the same in
confidence. The Authority may not divulge any such information unless it is
directed to do so by any statutory entity that has the power under law to
require its disclosure or is to enforce or assert any right or privilege of the
statutory entity and/ or the Authority or as may be required by law or in
connection with any legalprocess.
2.16 Tests of Responsiveness
2.16.1 Prior to evaluation of Applications, the Authority shall determine whether each
Application is responsive to the requirements of the RFQ. An application shall
be considered responsive only if:
(a) it is received as per format at Appendix-I.
(b) it is received by the Application Due Date including any extension thereof pursuant
to Clause 2.14.2;
(c) it is signed, sealed, bound together in hard cover, and marked as stipulated in
Clauses 2.12 and 2.13;
(d) it is accompanied by the Power of Attorney for signing the Application and Power of
Attorney for Lead Member as specified in Appendix II & II-A;
(e) it contains all the information and documents (complete in all respects) as requested
in this RFQ;
(f) it contains information in formats same as those specified in this RFQ;
(g) it contains certificate from its statutory auditor in the format specified at Appendix-I of
the RFQ;
(h) it is accompanied by the crossed Demand Draft or Payment Receipt towards the
Bidding Documents fee (non- refundable) as specif ied in Clause 1.2.1;
(i) it is accompanied by the JBA in case of Consortium, as stipulated in Clause 2.2.1;
(j) it does not contain any condition or qualification; and
(k) it is not non-responsive in terms hereof;
(l) it submits the Qualification Application envelope as stipulated in clause 2.13.2 along
30
with all the Appendices and Annexure.
2.16.2 The Authority reserves the right to reject any Application which is non-
responsive and no request for alteration, modification, substitution or
withdrawal shall be entertained by the Authority in respect of such Application.
2.17 Clarifications
2.17.1 To facilitate evaluation of Applications, the Authority may seek clarifications

from any Applicant regarding its Application. Such clarification(s) shall be
provided within the time specified by the Authority for this purpose. Any
request for clarification(s) and all clarification(s) in response thereto shall be in
writing.
2.17.2 If an Applicant does not provide clarifications sought under Clause 2.20.1
above within the prescribed time, its Application shall be liable to be rejected.
In case the Application is not rejected, the Authority may proceed to evaluate
the application by construing the particulars requiring clarification to the best
of its understanding, and the Applicant shall be barred from subsequently
questioning such interpretation of the Authority.
2E. QUALIFICATION AND BIDDING
2.18 Short-Listing and Notification
After the evaluation of Bids for Qualification, the Authority would announce a
list of short-listed pre-qualified Applicants who shall be eligible for participating
not entertain any query or clarification from Applicants who fail to qualify.
2.19 Proprietary Data
All documents and other information supplied by the Authority or submitted by

an Applicant to the Authority shall remain or become the property of the
Authority. Applicants are to treat all information as strictly confidential and
shall not use it for any purpose other than for preparation and submission of
their applications. The Authority will not return any Application or any
information provided along therewith.
2.20 Correspondence with the Applicant
Save and except as provided in this RFQ, the Authority shall not entertain any
correspondence with any Applicant in relation to the acceptance or rejection
of any application.
2.21 Validity of Applications
The Applications shall be valid for a period of not less than 180 (one hundred
and eighty) days from the Application Due Date. The validity of Applications
may be extended subject to a maximum period of 180 days by mutual
consent of the respective Applicant and the Authority.
31
3. CRITERIA FOR EVALUATION
3A. QUALIFICATION STAGE
3.1 Evaluation Parameters
3.1.1 Applicants have to meet the eligibility criteria specified in Clauses 2.2.1 , 2.2.2
and 2.2.3, the evaluation would be as per this Section 3. Applications of
Applicants who do not meet these criteria shall be rejected.
3.1.2 The and capability is proposed to be established by

the following parameters:
(a) Technical Capacity; and

(b) Financial Capacity
3.2 Technical Capacity for purposes of Evaluation
The Applicant shall fulfil the eligibility criteria as specified in Clause 2.2.2 and
substantiate the fulfilment of the eligibility criteria as per the category through
documentary proofs.
3.3 Details of Experience
3.3.1 The Applicant should furnish the details of Eligible Experience for the last 7
(seven) financial years immediately preceding the Application Due Date.
3.3.2 The Bidders must provide the necessary information relating to Technical
Capacity as per format at Annex-II of Appendix-I.
3.4 Short-listing of Applicants

3.4.1 All Applicants who fulfil the conditions of eligibility specified in Clauses
2.2.1 and 2.2.2 and meet the other conditions specified in this RFQ shall be
pre-qualified.
3.5.2. The Applicant who meet the eligibility criteria set forth in Clauses 2.2.1 and
2.2.2 will be shortlisted and eligible for the
3.5 Contacts during Application Evaluation
Applications shall be deemed to be under consideration immediately after

they are opened and until such time the Authority makes official intimation of
award/rejection to the Applicants. While the Applications are under
consideration, Applicants and/ or their representatives or other interested
parties are advised to refrain, save and except as required under the Bidding
Documents, from contacting by any means, the Authority and/ or their
employees/ representatives on matters related to the applications under
consideration.
32
4. FRAUD AND CORRUPT PRACTICES
4.1 The Applicants and their respective officers, employees, agents and adviser s
shall observe the highest standard of ethics during the Bidding Process.
Notwithstanding anything to the contrary contained herein, the Authority may
reject an Application without being liable in any manner whatsoever to the
Applicant if it determines that the Applicant has, directly or indirectly or
through an agent, engaged in corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice in the Bidding Process.
4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove,
if an Applicant is found by the Authority to have directly or indirectly or
through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice during
the Bidding Process, such Applicant shall not be eligible to participate in any
tender or RFQ issued by the Authority during a period of 2 (two) years f rom
the date such Applicant is found by the Authority to have directly or indirectly
or through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice, as the
case may be.
4.3 For the purposes of this Clause 4, the following terms shall have the meaning
hereinafter respectively assigned tothem:
a. corrupt practice means (i) the offering, giving, receiving, or soliciting,

directly or indirectly, of anything of value to influence the actions of any
person connected with the Bidding Process (for avoidance of doubt,
offering of employment to, or employing, or engaging in any manner
whatsoever, directly or indirectly, any official of the Authority who is or
has been associated in any manner, directly or indirectly, with the
Bidding Process or the LOA or has dealt with matters concerning the
Concession Agreement or arising therefrom, before or af ter the
execution thereof, at any time prior to the expiry of one year from the
date such official resigns or retires from or otherwise ceases to be in
the service of the Authority, shall be deemed to constitute influencing
the actions of a person connected with the Bidding Process); or (ii)
save and except as permitted under sub clause (d) of Clause 2.2.1,
engaging in any manner whatsoever, whether during the Bidding
Process or after the issue of the LOA or after the execution of the
Concession Agreement, as the case may be, any person in respect of
any matter relating to the Project or the LOA or the Concession
Agreement, who at any time has been or is a legal, financial or
technical adviser of the Authority in relation to any matter concerning
the Project;
b. means a misrepresentation or omission of facts

or suppression of facts or disclosure of incomplete facts, in order to
influence the Bidding Process;
c. means impairing or harming or threatening to

impair or harm, directly or indirectly, any person or property to
influence any Process;
33
d. means (i) establishing contact with any

person connected with or employed or engaged by the Authority with
the objective of canvassing, lobbying or in any manner influencing or
attempting to influence the Bidding Process; or (ii) having a Conflict of
Interest; and
e. means forming a cartel or arriving at any

understanding or arrangement among Applicants with the objective of
restricting or manipulating a full and fair competition in the Bidding
Process.
34
5. PRE-APPLICATION CONFERENCE
5.1 A Pre-Application conference of the interested parties shall be convened at

the designated date at UP Tourism office in Lucknow. A maximum of two
representatives of each Applicant shall be allowed to participate on production
of authority letter fromthe Applicant.
5.2 During the course of Pre-Application conference, the Applicants will be free to
seek clarifications and make suggestions for consideration of the Authority.
The Authority shall endeavor to provide clarifications and such further
information as it may consider appropriate for facilitating a fair, transparent
and competitive Bidding Process.
35
6. MISCELLANEOUS
6.1 The Bidding Process shall be governed by, and construed in accordance with,
the laws of India and the Courts at Lucknow shall have exclusive jurisdiction
over all disputes arising under, pursuant to and/ or in connection with the
Bidding Process.
6.2 The Authority without incurring any obligation or liability, reserves the right, at
any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or
supplement the Bidding Process or modify the dates or other terms and
conditions relating thereto;
(b) consult with any Applicant in order to receive clarification or further
information;
(c) pre-qualify or not to pre-qualify any Applicant and/ or to consult with any
Applicant in order to receive clarification or further information;
(d) retain any information and/ or evidence submitted to the Authority by, on
behalf of, and/ or in relation to any Applicant;and/ or
(e) independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or on
behalf of any Applicant.
6.3 It shall be deemed that by submitting the Application, the Applicant agrees
and releases the Authority, its employees, agents and advisers, irrevocably,
unconditionally, fully and finally from any and all liability for claims, losses,
damages, costs, expenses or liabilities in any way related to or arising from
the exercise of any rights and/ or performance of any obligations hereunder
and the Bidding Documents, pursuant hereto, and/ or in connection with the
Bidding Process, to the fullest extent permitted by applicable law, and waives
any and all rights and/ or claims it may have in this respect, whether actual or
contingent, whether present or infuture.
36
Appendices
37
APPENDIX I
Letter Comprising the Application for Pre-Qualification
(Refer Clause 2.13.2A)
To,

C-13, Vipin Khand
Gomti Nagar
Lucknow 26010
Operation of Rahi Tourist Bungalow, Mathura City through

Private Sector Participation on Lease and Development basis in the
state of Uttar Pradesh
Dear Sir,
With reference to your RFQ document dated , I/we, having

examined the RFQ document and understood its contents, hereby submit my/our
Application for the aforesaid project. The Application is unconditional and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information

provided in the Application and the documents accompanying such Bid for
selection of the Developer for the aforesaid project, and we certify that all
information provided in the Application and in Annexes I to IV is true and
correct; nothing has been omitted which renders such information misleading;
and all documents accompanying such Application are true copies of their
respective originals.
3. This statement is made for the express purpose of our selection as Developer
for the development, construction, operation and maintenance of the
aforesaid Project.
4. I/ We shall make available to the Authority any additional information it may

find necessary or require to supplementor authenticate the application.
5. I/ We acknowledge the right of the Authority to reject our Application without

assigning any reason or otherwise and hereby waive to the fullest extent
permitted by applicable law our right to challenge the same on any account
whatsoever.
6. I/ We certify that in the last three years, we/ any of the consortium member
or our/their Associate 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, 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:
38
(a) I/ We have examined and have no reservations to the Bidding

Documents, including any Addendum issued by theAuthority;
(b) I/ We do not have any conflict of interest in accordance with Clauses

2.2.1(c) and 2.2.1(d) of the RFP document;
(c) 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, as defined in Clause 4.3 of
the RFQ document, in respect of any tender or request for proposal
issued by or any agreement entered into with the Authority or any
other public sector enterprise or any government,
Central or State; and
(d) I/ We hereby certify that we have taken steps to ensure that in

conformity with the provisions of Section 4 of the RFQ document, no
person acting for us or on our behalf has engaged or will engage in
any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice.
(e) the undertakings given by us along with the Application in response to

the RFQ for the Project were true and correct as on the date of making
the Application.
8. I/ We understand that you may cancel the Bidding Process at any time and
that you are neither bound to accept any Application that you may receive nor
to invite the Applicants to apply for the Project, without incurring any liability to
the Applicants, in accordance with Clause 2.17.6 of the RFQ document.
9. I/ We believe that we / our Consortium satisfy(s) the annual turnover criteria

and meet(s) all the requirements as specified in the RFQ document and are/
is qualified to submit an Application.
10. I/ We certify that in regard to matters other than security and integrity of the
country, we / any member of the Consortium or any of our / their Associate
have not been convicted by a Court of Law or indicted or adverse orders
passed by a regulatory authority which could 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.
11. I/ We further certify that in regard to matters relating to security and integrity
of the country, we / any member of the Consortium or any of our /their
Associate have not been charge-sheeted by any agency of the Government
or convicted by a Court of Law.
12. I/ We further certify that no investigation by a regulatory authority is pending

either against us or against any member of the Consortium or against our /
their Associate or against our CEO or any of our Directors/ Managers/
employees.
13. I/ We undertake that in case due to any change in facts or circumstances

during the Bidding Process, we are attracted by the provisions of
disqualification in terms of the provisions of this RFQ; we shall intimate the
39
Authority of the same immediately.
14. The Statement of Legal Capacity as per format provided in Appendices of the
RFQ document, and duly signed, is enclosed. The power of attorney for
signing of Application as per format provided at Appendix II, power of attorney
for Lead Member at Appendix II A (in case of Consortium) of the RFQ, is also
enclosed.
15. 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 in connection with the selection of the
Applicant, or in connection with the selection/ Bidding Process itself, in
respect of the above mentioned Project and the terms and implementation
thereof.
16. I/ We agree and undertake to abide by all the terms and conditions of the
RFQ document.
17. I/ We certify that in terms of the RFQ, my/our annual turnover for the three
preceding years is (Rs in words).
18. I/ We acknowledge and agree that in the event of a change in control of an

Associate whose Technical Capacity and/ or Financial Capacity is taken into
consideration for the purposes of short-listing and pre-qualification in
accordance with this RFQ, I/We shall promptly inform the Authority f orthwith
along with all relevant particulars and the Authority may disqualify us or
withdraw the Letter of Award, as the case may be. I/We further acknowledge
and agree that in the event such change in control occurs after signing of the
Development Agreement but prior to Financial Close of the Project, it would,
notwithstanding anything to the contrary contained in the Agreement, be
deemed a breach thereof, and the Development Agreement shall be liable to
be terminated without the Authority being liable to us in any manner
whatsoever.
19. I/ We have studied all the Bidding Documents carefully and also surveyed the
Project. We understand that except to the extent as expressly set forth in the
Development Agreement, 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 relating to the Bidding Process including the
award of Concession.
20. The crossed Demand Draft or Payment Receipt towards the cost of Biding
Documents (non-refundable) and crossed Demand Draft towards tender
processing fees (non-refundable) as specified in Clause 1.2.1 is attached.
21. I/ We agree and understand that the Application is subject to the

provisions of the Bidding Documents. In no case, I/we shall have any claim
or right of whatsoever nature if the Project / Concession is not awarded to
me/us or our Application is not opened or rejected.
22. I/ We shall keep this application valid for 180 (one hundred and eighty) days
from the Bid Due Date specified in the RFQ.
23. I/ We declare that we/ any Member of the Consortium, or our/ its associates
40
are not a Member of a/ any other Consortium submitting an application for the
Project.
24. {We, the Consortium Members agree and undertake to be jointly and
severally liable for all the obligations of the Developer under the
Concession Agreement till occurrence of Financial Close in accordance with
the Development Agreement.}
In witness thereof, I/we submit this application under and in accordance with the
terms of the RFQ document.
Yours faithfully,
Date:
(Signature, name and designation of the Authorised Signatory)
Place: Name and seal of the Bidder
41
Appendix I
Annex-I
Details of Applicant
Details of the Applicant / Lead Member
1. Name of the Applicant/Lead Member
2. Address of the Applicant
3. Status of the Applicant
4. Details of Incorporation Date:
Ref. #
5. Details of Commencement of Business Date:
Ref. #
6. Valid Sales tax registration no.
7. Valid Service tax registration no.
8. Permanent Account Number (PAN)
9. Name & Designation of the contact person

to whom all references shall be made
regarding this RFQ
10. Telephone No. (with STD Code)
11. E-Mail of the contact person:
12. Fax No. (with STD Code)
13. Website
14. Financial Details (as per audited Balance Sheets) (in Crores)
15. Year 2017-2018 2018-2019 2019-2020
16. Turn Over
17. PAT
18. Net Cash
42
Accruals = (PAT
+ Depreciation)
19. Net worth
Net Worth shall mean (Subscribed and

Paid-up Equity + Reserves) less
(Revaluation reserves +
miscellaneous expenditure not written
off + reserves not available for
distribution to equity shareholders
20. Name & Designation of Authorized

Signatory
21. Telephone No. (with STD Code)
22. E-Mail of the Contact Person:
23. Fax No. (with STD Code)
24. A statement by the Applicant or any of their Associate disclosing material

non- performance or contractual non-compliance in past projects,
contractual disputes and litigation/ arbitration in the recent past is given
below (Attach extra sheets, if necessary):
Note: - Annex 1 is to be provided by each member of the consortium.
43
Appendix I
Annex-II
Technical
Capacity
(Refer Clause 2.2.2 (A) (i)
The Applicant shall submit certificate from its Statutory Auditor certifying the
Technical Capacity of the Applicant
Certificate from the Statutory Auditor
Based on its books of accounts and other published information authenticated

by it, this is to certify that _____ _ (name of
the Applicant/Associate) is in existence and incorporated on
_________________ (Date of incorporation)
Name of the audit firm:
The Applicant shall submit certificate from its Statutory Auditor certifying the Technical
Capacity of the Applicant
44
Appendix-I
Annex-III
Financial
Capacity
(Refer clause 2.2.2 (B) (i))
Annual Turnover
Applicant type
2017-2018 2018-2019 2019-2020 Conversion Rate
(if applicable)
Applicant or
Consortium
Member
Associate
TOTAL
Name of Net worth Conversion Rate

Bidder (as on Application Due Date) (if applicable)
Applicant Net Cash Accruals

type (PAT + Depreciation Dividends)
Conversion Rate
2017-2018 2018-2019 2019-2020 (if applicable)
Applicant
Associate
TOTAL
1. An Applicant consisting of a single Entity should fill in details as per the row titled
single Entity Applicant.
2. The Applicant should provide details of its own Financial Capacity or of an

Associate specified in Clause2.2.1.
Instructions:
1. The Applicant shall attach copies of the balance sheets, financial statements and
Annual Reports for 3 (three) years preceding the Bid Due Date. The financial
statements shall:
a. reflect the financial situation of the Applicant and its Associate where the
financials;
b. be audited by a Statutory Auditor including the above mentioned information

to be made available on a CA certificate (with valid UDIN) validating the same;
45
c. be complete, including all notes to the financial statements; and
d. correspond to accounting periods already completed and audited (no

statements for partial periods shall be requested or accepted).
2. Annual Turnover = Annual Income from Tourism / Hospitality services only as

indicated in the annual financial statement
3. Net Worth shall mean (Subscribed and Paid-up Equity + Reserves) less
(Revaluation reserves + miscellaneous expenditure not written off + reserves not
available for distribution to equity shareholders).
4. Year 1 will be the latest completed financial year, preceding the Application Due
Date. Year 2 shall be the year immediately preceding Year 1 and so on. In case
the Application Due Date falls within three months of the close of the latest
financial year, it shall ignore such financial year for the purposes of its application
and furnish all its information and certification with reference to the five years
preceding its latestfinancial year.
5. The Applicant shall also provide the name and address of the Bankers to the
Applicant.
46
Appendix I
Annex-IV
In the event that credit is being taken for the Eligible Experience of an Associate, as
defined in Clause 2.2.6, the Applicant should also provide a certificate in the f ormat
below:
Certificate from Statutory Auditor/ Company Secretary regarding

Associate$
Based on the authenticated record of the company, this is to certify that

%of the subscribed and paid up voting equity of
(name of the Bidder / Associate) is held as on 31st March 2020, directly or
indirectly by.............................. (name of Associate / Applicant). By virtue of
the aforesaid share-holding, the latter exercises control over the former,
who is an Associate in terms of Clause 2.2.1 of this RFQ.
A brief description of the said equity held, directly or indirectly, is given

below:
{Describe the share-holding of the Applicant and the Associate.}
Name of the audit firm:

Seal of the audit firm: (Signature, name and designation of the authorised
signatory).
Date:
$ In the event that the Applicant exercises control over an Associate by operation of
law, this certificate may be suitably modified and copies of the relevant law may be
enclosed and referred to.
47
Appendix I
Annex-V
Statement of Legal Capacity
(To be forwarded on the letterhead of the Applicant / Lead Member)
Ref. Date:
To,

C-13, Vipin Khand
Gomti Nagar
Lucknow 26010
Dear Sir,
We hereby confirm that we/ our members in the Consortium (constitution of which
has been described in the application) satisfy the terms and conditions laid out in the
RFQ document.
We have agreed that............................... name) will act as the Lead

Member of our consortium.*
We
representative/ will act as the representative of the consortium on its behalf* and has
been duly authorized to submit the RFQ. Further, the authorized signatory is vested
with requisite powers to furnish such letter and authenticate the same.
Thanking you,
Yours faithfully,
(Signature, name and designation of the authorized signatory)
48
APPENDIX II
Power of Attorney for signing of Application
(To be executed on a Stamp Paper)
(Refer Clause 2.2.4)
Know all men by these presents, We................................................................ (name of

the firm and address of the registered office) do hereby irrevocably constitute,
nominate, appoint and authorize Mr/ Ms (name),
and presently residing at
Consortium and as our true and

lawful attorney (hereinafter referred to as name and on our
behalf, all such acts, deeds and things as are necessary or required in connection
with or incidental to submission of our Qualification Application for the Operation of
Rahi Tourist Bungalow, Mathura City through Private Sector Participation on
Lease and Development basis in the state of Uttar Pradesh (hereinafter
referred to the Project proposed or being developed by the Director General
Tourism, Uttar Pradesh, Lucknow Authority including but not limited to
signing and submission of all applications and other documents and writings,
participate in pre- application meetings and other conferences and providing
information/ responses t o the Authority, presenting us in all matters before the
Authority, signing and execution of all contracts including the Development
Agreement and undertakings consequent to acceptance of our application, and
generally dealing with the Authority in all matters in connection with or relating to or
arising out of our application for the said Project and/ or upon award thereof to us
and/or till the entering into of the Development Agreement with theAuthority.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts,
deeds and things done or caused to be done by our said Attorney pursuant to and in
exercise of the powers conferred by this Power of Attorney and that all acts, deeds
and things done by our said Attorney in exercise of the powers hereby conferred
shall and shall always be deemed to have been done by us.
For
(Signature, name, designation and address)
Witnesses:
1.
49
2.
Appendix II
Page 2
(Notarised)
Person identified by me/ personally appeared before
me / signed before me/ Attested / Authenticated*
(* Notary to specify as applicable)
(Signature, Name and Address of the Notary)
Seal of the Notary
Registration Number of the Notary
Date :
Accepted
(Signature)
(Name, Title and Address of the Attorney)
Notes:
The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of
the executant(s) and when it is so required, the same should be under common
seal affixed in accordance with the required procedure.
Wherever required, the Applicant should submit for verification the extract of the
charter documents and documents such as a board resolution/
power of attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Applicant.
50
APPENDIX II A
Power of Attorney for Lead Member of
Consortium (To be executed on a Stamp Paper)
Whereas, the Directorate of Tourism, Government of Uttar Pradesh Authority

has invite Operation of Rahi Tourist
Bungalow, Mathura City through Private Sector Participation on Lease and
Development basis in the state of Uttar Pradesh , Project
Whereas, , , and (collectively the

are interested in applying for the
Project in accordance with the terms and conditions of the Request for Qualif ication
and other connected documents in respect of the Project, and
Whereas, it is necessary for the Members of the Consortium to designate one of

them as the Lead Member with all necessary power and authority to do for and on
behalf of the Consortium, all acts, deeds and things as may be necessary in
for the Project and its execution.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS
We, having our registered office at , M/s. ,

having our registered office at , and M/s. , having our
registered office at , [the respective names and addresses of the
registered office] (hereinafter collectively referred to as Principals do hereby
irrevocably designate, nominate, constitute, appoint andauthorise M/s
, having its registered office at , being one of the
Members of the Consortium, as the Lead Member and true and lawful attorney of the
Consortium (hereinafter referred to as Attorney and hereby irrevocably
authorise the Attorney (with power to sub-delegate) to conduct all business for and
on behalf of the Consortium and any one of us during the Bidding Process and, in the
event the Consortium is awarded the Concession/ Contract, during the execution of
the Project and in this regard, to do on our behalf and on behalf of the Consorti um, all
or any of such acts, deeds or things as are necessary or required or incidental to the
submission of its Application for the Project, including but not limited to signing and
submission of all applications and other documents and writings, particip ate in
and other conferences, respond to queries, submit information/
documents, sign and execute contracts and undertakings consequent to acceptance
of the Application of the Consortium and generally to represent the Consortium in all
its dealings with the Authority, and/ or any other Government Agency or any person,
in all
Application for the Project and/ or upon award thereof till the Development
Agreement is entered into with the Authority.
51
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts,
deeds and things lawfully done or caused to be done by our said Attorney pursuant to
and in exercise of the powers conferred by this Power of Attorney and that all acts,
deeds and things done by our said Attorney in exercise of the powers hereby
conferred shall and shall always be deemed to have been done by us/ Consortium.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS DAY OF
20**.
For (Name & Title)

For (Name & Title)
For (Name & Title)
Witnesses:
1
2
(Executants)
(To be executed by all the Members of the Consortium)
Notes:
The mode of execution of the Power of Attorney should be in accordance with
the procedure, if any, laid down by the applicable law and the charter
documents of the executant(s) and when it is so required, the same should be
under common seal affixed in accordance with the requiredprocedure.
Also, wherever required, the Applicant should submit for verification the
extract of the charter documents and documents such as a board or
executing
this power of attorney for the delegation of power hereunder on behalf of the
Applicant.
52
Appendix - III
Declaration Regarding Clean Track Record
(Affidavit on Stamp Paper)
[Date]
To,

C-13, Vipin Khand
Gomti Nagar
Lucknow - 26010
Sir,
I / We have carefully gone through the Terms & Conditions contained in the RF Q
Document No. dated , regarding
the Operation of Rahi Tourist Bungalow, Mathura City through Private Sector
Participation on Lease and Development basis in the state of Uttar Pradesh. I
hereby declare that we/ our Consortium has not been debarred / blacklisted by any
Ministry/Department of Government of India or any State Government or any
Government Organization.
Also, I hereby declare that we/ our Consortium has, in the last 3 (three) years, have
neither failed to perform on any contract, as evidenced by imposition of a penalty b y
an arbitral or judicial authority or a judicial pronouncement or arbitration award
against the Applicant, Consortium Member or Associate thereof, as the case may be,
nor has been expelled from any project or contract by any public entity nor have had
any contract terminated by any public entity for breach by such Applicant, Consortium
Member or Associate thereof
I further certify that I am competent officer to make this declaration.
Yours faithfully,
(Signature of the Authorized Signatory of the Applicant)

Printed Name
Designation
Seal
Date:
Business Address:
Documentary Proof Required:

Certificate from the Company Secretary to the effect that the Applicant ( f rom
each member in case of Consortium) is not blacklisted by any
Ministry/Department of Government of India or State Government as per the
format provided above. 53
Appendix IV
Joint Bidding Agreement

(Refer Clause 2.2.1(3) (viii))
(Applicable in case of Consortium)
(To be executed on Stamp paper of appropriate value)
THIS JOINT BIDDING AGREEMENT is entered into on this the ................day of
AMONGST
1. registered office at.................... (hereinafter referred to asthe
successors and permitted assigns)
AND
2. registered office at.................... (hereinafter referred to asthe
successors and permitted assigns)
AND
3. registered office at referred to as the

which expression shall, unless repugnant to the context include its
successors and permitted assigns)}
The above mentioned parties of the FIRST, SECOND and, THIRD PART are
WHEREAS,
A. , established under the , represented by its

and having its principal offices at ] (hereinafter referred to as
shall, unless repugnant to the context or
meaning thereof, include its administrators, successors and assigns) has
invited Applications (the Application by its Request for Qualification
dated (the
Operation of Rahi Tourist Bungalow,
Mathura City through Private Sector Participation on Lease and
Development basis in the state of Uttar Pradesh Project
public private partnership.
B. The Parties are interested in jointly applying for the Project as members of a
Consortium and in accordance with the terms and conditions of the RFQ
The number of Parties will be shown here, as applicable, subject to a maximum of 3 (three).
54
document and other bid documents in respect of the Project.
C. It is a necessary condition under the RFQ document that the members of the
Consortium shall enter into a Joint Bidding Agreement and furnish a copy
thereof with the Application.
NOW IT IS HEREBY AGREED as follows:
1. Definitions and Interpretations
In this Agreement, the capitalised terms shall, unless the context otherwise
requires, have the meaning ascribed thereto under the RFQ.
2. Consortium
the purposes of jointly participating in the Bidding Process for the Project.
The Parties hereby undertake to participate in the Bidding Process only through
this Consortium and not individually and/ or through any other consortium
constituted for this Project, either directly or indirectly or through any of their
Associate.
3. Covenants
The Parties hereby undertake that in the event the Consortium is declared the
selected Bidder and awarded the Project, it shall incorporate a special purpose
ompanies Act 2013 for entering into a
Development Agreement with the Authority and for performing all its obligations
as the Contractor in terms of the Development Agreement for the Project.
4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as

described below:
a) Party of the First Part shall be the Lead member of the Consortium and shall
have the power of attorney from all Parties for conducting all business for
and on behalf of the Consortium during the Bidding Process and until the
Appointed Date under the Development Agreement when all the obligations
of the SPV shall become effective;
b) {Party of the Second Part shall be and}
c) {Party of the Third Part shall be }
5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Project and in accordance with the terms
of the RFQ document and the Development Agreement.
6. Shareholding in the SPV
55
6.1. The Parties agree that the proportion of shareholding among the Parties in
the SPV shall be as follows:
First Party:
Second Party:
{Third Party:}
The Parties undertake that the members in the consortium shall hold equity
as follows:
The Selected Bidder (shall directly hold 100% of subscribed and paid up
equity share capital of the Developer until execution of Development
Agreement, and thereafter shall directly hold at least 51% (fifty one per cent)
of subscribed and paid up equity share capital of the Developer, until
2ndanniversary of COD. Thereafter after expiry of 2nd anniversary, the
Selected Bidder shall hold at least 26% (twenty six per cent) in the Project
SPV until the 5th anniversary of COD.
6.2. Further, the Selected Bidder besides aforesaid requirement, each member of
the Consortium whose experience will be evaluated under RFQ and
subsequently the RFP, shall subscribe to and directly hold at least 26%
(twenty six per cent) of the paid up and subscribed equity of the SPV until
date of execution of the Development Agreement; and thereafter the
members of the Consortium shall collectively and directly hold at least 51%
(fifty one per cent) of the subscribed and paid up equity of the SPV at all times
until the 2nd anniversary of the COD, wherein the lead member shall
compulsorily hold 26% of the paid up and subscribed equity share capital of
the Developer. Thereafter, upon expiry of 2nd anniversary of the COD the Lead
Member shall continue to hold at least 26% (twenty six per cent) of the
subscribed and paid up equity share capital of the Project SPV until 5 th
anniversary of COD.
6.3. Thereafter, Consortium Members shall collectively in proportion to their

shareholding hold at least 26% (twenty six percent) of the subscribed and
paid up equity of the SPV at all times until the 5th anniversary of COD.
6.4. The Parties shall comply with all equity lock-in requirements set forth in the
Development Agreement.
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement
that:
a. Such Party is duly organized, validly existing and in good standing under the
laws of its incorporation and has all requisite power and authority to enter
into this Agreement;
b. The execution, delivery and performance by such Party of this Agreement

has been authorized by all necessary and appropriate corporate or
governmental action and a copy of the extract of the char ter documents and
56
board resolution/ power of attorney in favour of the person executing this

Agreement for the delegation of power and authority to execute this
Agreement on behalf of the Consortium Member is annexed to this
Agreement, and will not, to the best of its knowledge:
i. require any consent or approval not already obtained;
ii. violate any Applicable Law presently in effect and having applicability to
it;
iii. violate the memorandum and articles of association, by-laws or other

applicable organizational documents thereof;
iv. violate any clearance, permit, concession, grant, license or other

governmental authorization, approval, judgment, order or decree or any
mortgage agreement, indenture or any other instrument to which such
Party is a party or by which such Party or any of its properties or assets
are bound or that is otherwise applicable to such Party;or
v. create or impose any liens, mortgages, pledges, claims, security

interests, charges or Encumbrances or obligations to create a lien,
charge, pledge, security interest, encumbrances or mortgage in or on
the property of such Party, except for encumbrances that would not,
individually or in the aggregate, have a material adverse effect on the
financial condition or prospects or business of such Party so as to
prevent such Party from fulfilling its obligations under this Agreement;
c. this Agreement is the legal and binding obligation of such Party, enforceable
in accordance with its terms against it; and
d. there is no litigation pending or, to the best of such Party's knowledge,

threatened to which it or any of its Associate is a party that presently af f ects,
or which would have a material adverse effect on the financial condition or
prospects or business of such Party in the fulfilment of its obligations under
this Agreement.
8. Termination
This Agreement shall be effective from the date hereof and shall cont inue in
full force and effect until the Financial Close of the Project is achieved under
and in accordance with the Development Agreement, in case the Project is
awarded to the Consortium. However, in case the Consortium is either not
qualified for the Project or does not get selected for award of the Project, the
Agreement will stand terminated in case the Applicant is not qualified or upon
return of the Bid Security by the Authority to the bidder, as the case may be.
9. Miscellaneous
a. This Joint Bidding Agreement shall be governed by laws of India.
b. The Parties acknowledge and accept that this Agreement shall not be
amended by the Parties without the prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND
57
DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.
SIGNED, SEALED AND DELIVERED

For and on behalf of
LEAD MEMBER by: SECOND PART
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of For and on behalf of
THIRD PART
(Signature)
(Name)
(Designation)
(Address)
SIGNED, SEALED AND DELIVERED
For and on behalf of
In the presence of:
1. 2.
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in
accordance with the procedure, if any, laid down by the Applicable Law and the
charter documents of the executant(s) and when it is so required, the same
should be under common seal affixed in accordance with the required
procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter
documents and documents such as resolution / power of attorney in favor of the
person executing this Agreement for the delegation of power and authority to
execute this Agreement on behalf of the Consortium Member.
58
Annexure A (Project Details)

1 Project Site Location:
Rahi Tourist Bungalow, Mathura, is located on at the entrance of Mathura town from Delhi
on NH-2 (now called NH19) in the Mathura district of Uttar Pradesh. (Google co-ordinates:
with mixed locality having mainly residential profile along with various religious and heritage
structures.
Location
Source: Google maps
2 Project details:
Estimated
Plot Current Build-up
Name of the Project (indicative) Project Cost
Area Area
(Rs Cr.)
Rahi Tourist Bungalow,
8,595 Sqm. 2,082 Sqm. 5.89
Mathura City
3 Site Photographs:
Site Photographs
Exterior of the Building Exterior of the Building
59
Interior of the Building Interior of the Building
Exterior of the Building
Source: Site Survey
60

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Directorate of Tourism

Request for Qualification

Operation of Rahi Tourist Bungalow, Mathura

Tender No ______ (PPP)Lease/2022

Paryatan Bhawan, C-13, Vipin Khand,

subsequently provided to Applicant(s), whether verbally or in documentary or any

Information provided in this RFQ to the Applicant(s) is on a wide range of matters,

Directorateof Tourism, Government of Uttar Pradesh

INSTRUCTION FOR E TENDERING

Directorateof Tourism, Government of Uttar Pradesh

Sl. No. Contents Page

3 Criteria for Evaluation 32

LETTER FOR SUBMISSION OF QUALIFICATION APPLICATION

Director General Tourism

Ref: Submission of Application against your TenderReference No: dated

Operation of Rahi Tourist Bungalow, Mathura City through

a. BID DOCUMENT FEES (NON-REFUNDABLE)

(Signature of the Authorized Signatory of the Applicant)

Business Address of the Applicant entity:

Invitation for Qualification Proposal

1.1 Project Background

(Please refer Annexure A for project site details)

1.2.6 Applicant may be a company incorporated under Indian Companies Act,

Interested parties may download the RFQ documents from

However, Indexation Parameter shall be subject to a minimum limit of 5%.

1.3 Schedule of BiddingProcess

The Authority shall endeavor to adhere to the following schedule:

NO. EVENT DESCRIPTION DATE

Authority will endeavor to adhere to the dates indicated above. However, it

(uptourism.gov.in) & https://etender.up.nic.in/nicgep/app from time to time.

2.1 Scope of Application

2.2 Eligibility of Applicants

2.2.1 For determining the eligibility of Applicants for their pre-qualification

b) The Applicant may be a single entity or a group of entities (the

c) An Applicant may be a Company incorporated under Indian Companies

d) The Applicant shall not have a conflict of interest (the

referred to in section 2(72) of the Companies Act, 2013. For the

(ii) Such Applicant or any Associate thereof receives or has received

(iii)Such Applicant has the same legal representative for purposes of

(iv) Such Applicant, or any Associate thereof has a relationship with

(v) Such Applicant or any Associate thereof has participated as a

Notwithstanding anything stated herein, a conflict-of-interest situation

For purposes of this RFQ, Associate means, in relation to the Applicant /

2. An Applicant shall be liable for disqualification if any legal, financial or

3. In case the Applicant is a Consortium, it shall, in addition to forming an

i. The number of members in a Consortium would be limited to 3 (three);

ii. The shareholding commitments of all the members of the Consortium

v. The Bid should include a brief description of the roles and

vi. An individual Applicant cannot at the same time be member of a

a. convey the intent to form an SPV with shareholding/ownership

b. clearly outline the proposed roles and responsibilities of each

c. commit the minimum equity stake to be held by each member;

d. Include a statement to the effect that all members of the

e. Except as provided under this RFQ and the Bidding Documents,

2.2.2.1 For Bidders having experience in Tourism / Hospitality business:

(A) Technical Capacity: For demonstrating technical capacity and

(i) Been in existence (incorporated / registered) on or before 1 st April

Shall be in operation of Tourism / Hospitality business for the last

(B) Financial Capacity: For demonstrating financial capacity (the