RFP FOR CONSULTANT / TRANSACTION ADVISOR FOR PROJECT STRUCTURING AND BID PROCESS MANAGEMENT 2019

Price Rs. 2360/-

(Incl. GST)

RFP No. F-1(R-86)/JMRC/DCA/Rev./17-18/09 Dated : 13.08.2019

SELECTION OF CONSULTANT / TRANSACTION ADVISOR FOR

PROJECT STRUCTURING AND BID PROCESS MANAGEMENT FOR
LEASING OF LAND SPACES ADJACENT/ ABOVE METRO STATIONS
OF PHASE-1A

REQUEST FOR PROPOSAL

[2nd Stage]

Jaipur Metro Rail Corporation Ltd.

(A Govt. of Rajasthan Undertaking)
Corporate Affairs Directorate
2ndFloor,A-Wing, Admin Building, Metro Depot,
Bhrigu Path, Mansarovar, Jaipur (Rajasthan) - 302020
Website:www.jaipurmetrorail.in,http://transport.rajasthan.gov.in/jmrc
CIN: U60221RJ2010SGC030630

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 RFP FOR CONSULTANT / TRANSACTION ADVISOR FOR PROJECT STRUCTURING AND BID PROCESS MANAGEMENT 2019

TABLE OF CONTENTS
DISCLAIMER .................................................................................................................................................................. 4
DEFINITIONS ................................................................................................................................................................. 5
1. NOTICE INVITING BIDS ............................................................................................................................... 6
1.1 INTRODUCTION .............................................................................................................................................. 6
1.2 SCHEDULE OF BIDDING PROCESS ....................................................................................................... 9
1.3 ELIGIBILITY CRITERIA OF BIDDERS .................................................................................................... 11
1.4 SALES / DOWNLOAD OF RFP ................................................................................................................. 11
2. INSTRUCTIONS TO BIDDERS .................................................................................................................. 13
2.1 GENERAL INSTRUCTIONS ........................................................................................................................ 13
2.2 DUE DILIGENCE BY BIDDER .................................................................................................................. 15
2.3 PRE-BID CONFERENCE ............................................................................................................................ 16
2.4 CLARIFICATION / AMENDMENT /ADDENDUM ............................................................................... 17
2.5 COST OF BID DOCUMENT (TENDER FEE) AND E-TENDER PROCESSING FEE .................. 17
2.6 BID SECURITY .............................................................................................................................................. 18
2.7 SUBMISSION OF PROPOSAL ................................................................................................................... 19
2.8 EVALUATION OF PROPOSALS ................................................................................................................. 21
2.8.1 GENERAL ........................................................................................................................................................ 22
2.8.2 EVALUATION OF TECHNICAL BID......................................................................................................... 23
2.8.3 EVALUATION OF FINANCIAL BID .......................................................................................................... 26
2.8.4 COMBINED AND FINAL EVALUATION .................................................................................................. 27
2.8.5 AWARD OF CONTRACT, SIGNING OF AGREEMENT & PERFORMANCE SECURITY: .......... 27
2.9 CONFLICT OF INTEREST .......................................................................................................................... 30
3. TERMS OF REFERENCE (TOR) ............................................................................................................... 33
3.1 DETAILS OF AREA OF LAND / SPACES .............................................................................................. 33
3.2 SCOPE OF WORK ......................................................................................................................................... 33
3.2.1 INCEPTION REPORT: [DELIVERABLE: INCEPTION REPORT] ...................................................... 34
3.2.2 FEASIBILITY STUDY [DELIVERABLE: FEASIBILITY REPORT] .................................................... 34
3.2.3 DETAILED PROJECT STRUCTURING (DELIVERABLE : DPSR) ................................................... 36
3.2.4 PREPARATION OF TERM SHEET [DELIVERABLE: TERM SHEET] ............................................. 38
3.2.5 PREPARATION OF RFP DOCUMENT: [DELIVERABLE: DRAFT RFP & FINAL RFP] ............... 38
3.2.6 BID PROCESS MANAGEMENT AND SELECTION OF DEVELOPER/
CONCESSIONAIRE ...................................................................................................................................... 39
3.2.7 ASSISTANCE IN CONTRACT: ................................................................................................................... 39
3.2.8 CONSULTATION WITH JMRC .................................................................................................................. 40
3.2.9 OTHER TERMS & CONDITIONS: ............................................................................................................ 40
3.2.10 COORDINATION ........................................................................................................................................... 41
3.3 TIMELINES AND DELIVERABLES .......................................................................................................... 41

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3.4 DURATION & VALIDITY OF CONTRACT ............................................................................................... 42

3.5 EXTENSION OF TIME ................................................................................................................................. 42
3.6 LIQUIDATED DAMAGES ............................................................................................................................ 43
3.7 PROFESSIONAL FEE [Project Development Fee] ............................................................................... 44
3.7.1 FIXED FEE: .................................................................................................................................................... 44
3.7.2 SUCCESS FEE .............................................................................................................................................. 44
3.8 APPROVALS AND PROGRESS REPORTS ............................................................................................. 45
3.9 TERMINATION OF CONTRACT AGREEMENT ..................................................................................... 45
3.10 RISK & COST ................................................................................................................................................. 46
3.11 PENALTY FOR FAILURE TO EXECUTE THE WORK AS PER CONTRACT
AGREEMENT ................................................................................................................................................. 46
3.12 FORCE MAJEURE ........................................................................................................................................ 46
3.13 ARBITRATION ................................................................................................................................................ 47
3.14 FRAUD AND CORRUPT PRACTICES ...................................................................................................... 48
ANNEXURE - I ............................................................................................................................................................. 50
CHECK LIST ................................................................................................................................................................. 50
ANNEXURE – II............................................................................................................................................................ 52
COVERING LETTER FORMAT ................................................................................................................................ 52
ANNEXURE-III ............................................................................................................................................................. 54
STANDARD FORMAT FOR POWER OF ATTORNEY FOR SIGNING THE BID ......................................... 54
ANNEXURE-IV ............................................................................................................................................................. 56
INFORMATION ABOUT BIDDER ............................................................................................................................ 56
ANNEXURE-V .............................................................................................................................................................. 58
STATEMENT OF MANAGERIAL & FINANCIAL CAPACITY............................................................................. 58
ANNEXURE-VI ............................................................................................................................................................. 59
INFORMATION FOR TECHNICAL COMPETANCY ............................................................................................ 59
ANNEXURE-VII ............................................................................................................................................................ 60
FORMAT OF CURRICULUM VITAE (CV) ............................................................................................................. 60
ANNEXURE-VIII .......................................................................................................................................................... 62
APPROACH AND METHODOLOGY ....................................................................................................................... 62
ANNEXURE-IX ............................................................................................................................................................. 63
FORMAT OF FINANCIAL BID / BOQ .................................................................................................................... 63
ANNEXURE-X .............................................................................................................................................................. 64
FORMAT OF BANK GUARANTEE FOR BID SECURITY ................................................................................. 64
ANNEXURE-XI ............................................................................................................................................................. 68
FORMAT OF BANK GUARANTEE .......................................................................................................................... 68
ANNEXURE-XII ............................................................................................................................................................ 71
FORMAT OF AGREEMENT ...................................................................................................................................... 71

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 RFP FOR CONSULTANT / TRANSACTION ADVISOR FOR PROJECT STRUCTURING AND BID PROCESS MANAGEMENT 2019

DISCLAIMER

The information contained in this Request for Proposal document (RFP) or

subsequently provided to Applicants, whether verbally or in documentary or
any other form by or on behalf of the JMRC or any of its employees or advisers,
is provided to Applicants on the terms and conditions set out in this RFP and
such other terms and conditions subject to which such information is
provided.

This RFP is not an agreement or an offer by JMRC to the prospective bidders or

any other person. The purpose of this RFP is to provide interested parties with
information that may be useful to them in the formulation of their Bids
pursuant to this RFP. However, its terms & conditions shall be binding for the
successful bidder. This RFP includes statements, which reflect
variousassumptions and assessments arrived at by JMRC in relation to the
Work. Such assumptions, assessments and statements do not purport to
contain all the information that each applicant may require. This RFP may not
be appropriate for all persons, and it is not possible for JMRC, its employees or
advisers to consider the objectives, technical expertise and particular needs of
each party who reads or uses this RFP. The assumptions, assessments,
statements and information contained in this RFP, 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 and
information contained in this RFP and obtain independent advice from
appropriate sources.

JMRC, its employees and advisers make no representation or warranty and

shall have no liability to any person including any Applicant under any law,
statute, rules or regulations or tort, principles of restitution or unjust
enrichment or otherwise for any loss, damages, cost or expense which may
arise from or be incurred or suffered on account of anything contained in this
RFP or otherwise, including the accuracy, adequacy, correctness, reliability or
completeness of the RFP and any assessment, assumption, statement or
information contained therein or deemed to form part of this RFP or arising in
any way in this Selection Process.

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 RFP FOR CONSULTANT / TRANSACTION ADVISOR FOR PROJECT STRUCTURING AND BID PROCESS MANAGEMENT 2019

DEFINITIONS

Authority Jaipur Metro Rail Corporation Limited

Agency The Bidder, selected by JMRC in pursuance of the selection
process consequent to this bidding
Applicant Shortlisted firms after evaluation of EoI No. F.1(R-86)/
JMRC/DCA/Rev./2017-18 Dated : 06.02.2019
Agreement The Contract to be executed between JMRC and successful
bidder, subsequent to the Letter of Acceptance, as per the
format prescribed.
Bidder The eligible firm submitting bid against this RFP
Commencem The date on which the agency shall commence the service
ent Date as per Notice to Proceed issued by JMRC.
Corporation Jaipur Metro Rail Corporation Limited
DPSR Detailed Project Structuring Report
Govt. Government of India / Any other State Government in India
JMRC Jaipur Metro Rail Corporation Limited
LoA Letter of Award
JMRC’s http://transport.rajasthan.gov.in/jmrc &
website www.jaipurmetrorail.in
Law and The contract shall be governed by the Acts and laws of
India, the rules, regulations and bye-laws of the
Language
concerned public bodies and authorities. Language of
the Contract shall be English.

PBG Performance Bank Guarantee

PSD Performance Security Deposit
QCBS Quality Cost Based Selection
RFP This Request for Proposal including all the clarifications/
amendments issued, if any.
ToR Terms of Reference

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1. NOTICE INVITING BIDS

1.1 INTRODUCTION
(i) Jaipur Metro Rail Corporation is a Government of Rajasthan
Undertaking, incorporated under the companies Act 1956, having its
registered office at Admin Building, Metro Depot, Bhrigu Path,
Mansarovar, Jaipur- 302020. JMRC started its commercial operations on
its first line from Mansarovar to Chandpole (Phase 1A) from 3rd June,
2015 with the mission of providing safe, green, comfortable and fast
mass rapid urban transit system to the capital city of Rajasthan. Phase
1A is of 9.6 KM in length, with eight elevated and one underground
station, at approximately one KM intervals. Phase 1B is a 2.4 KM stretch
from Chandpole to Bari Chaupar (Underground) is under construction at
present and scheduled to be commercially operationalised in near future.
(ii) Corporation has spaces for property development adjacent to/or above
seven metro stations of phase-1A and the details are as follows:
Approximate Area of land/Space
S. No. Metro Station near (Sqm.)
Gate No.1 Gate No.2
1. Mansarovar 3278
2. New Aatish Market 2505 5560
3. Vivek Vihar 3785 998
4. Ram Nagar 1790 2314
5. Civil Lines (South) - 980
Railway Metro Station (Chandpole -
6. 1710
side)
7. Chandpole Land adjacent to metro
957
station
space above station -
1700
building
(iii) JMRC desires to earn non-fare revenue by leasing these land space
(s)/station building space to developers/end users for the benefit of
Jaipur Metro Rail Project & its users. Accordingly, JMRC has decided to
carry out the process for selection of Consultant/ Transaction Advisor for
project structuring and bid process management for leasing of these
spaces available adjacent to or above seven metro stations of phase-1A.
(iv) JMRC invites Bids in two part format (Technical Bid and Financial Bid)
only from shortlisted firms for selection of property Consultant /
Transaction Advisor who shall develop concept plans, business plans
and appropriate project structuring to prepare RFP documents & to

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 RFP FOR CONSULTANT / TRANSACTION ADVISOR FOR PROJECT STRUCTURING AND BID PROCESS MANAGEMENT 2019

assist JMRC in selection of the developers/end users for this purpose.

(v) JMRC has adopted a QCBS based selection process for this purpose. The
bids comprising technical and financial bid are to be submitted in two
separate files (Technical Bid in PDF format and Financial bid in MS-
Excel format). In the first step, a technical evaluation based on marking
system (QCBS) will be carried out. Based on this technical evaluation, a
list of short listed bidders will be prepared along with eligibility marks. In
the second step, financial evaluation of eligible bidder will be carried out
as specified in this RFP. Bids will finally be ranked according to their
combined technical and financial scores.
(vi) This RFP is 2nd stage of Expression of Interest (EoI) issued on 06.02.2019
for shortlisting of eligible bidders for engagement of Transaction
Advisor/Consultant for property development of spaces available at
adjacent/above Metro Stations of phase-1A. After conclusion of the EoI
process, a list of shortlisted eligible bidders was uploaded on SPP portal
& JMRC website.
(vii) This Request for Proposal (RFP) has been addressed to the following
shortlisted applicants:
S. No. Name of Shortlisted Consultant Firms E-Proc. Login Id#

1. M/s CRISIL Infrastructure [email protected]

Advisory, CRISIL House,
Central Avenue Road,
Hiranandani Business Park,
Powai, Mumbai-400076
2. M/s Deloitte Touche [email protected]
Tohmatsu India LLP, 7th
Floor, Building 10, Tower B,
DLF Cyber City Complex,
DLF City Phase-II,
Gurugram- 122002,
Haryana, India
3. M/s Ernst & Young LLP, 3rd [email protected]
& 6th Floor, Worldmark-1,
IGI Airport Hospitality
District, Aerocity, New Delhi-
110037 India
4. M/s Eptisa India Private [email protected]
Limited, PS Srijan Corporate

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S. No. Name of Shortlisted Consultant Firms E-Proc. Login Id#

Park, Unit 1203, 12th Floor,

Tower 1, Plot No.2, Block
EP& GP Sector-V, Salt Lake
City, Kolkata-700091
5. M/s Jones Lang LaSalle [email protected]
Property Consultants
(India) Pvt. Limited, 1110,
11th Floor, Ashoka Estate,
Barakhamba Road, New
Delhi-110001
6. M/s KPMG India Private [email protected]
Limited, 1st Floor,
LodhaExcelus, Apollo Mills
Compound, N.M. Joshi Marg,
Mahalaxmi, Mumbai -
400011, India
7. M/s Price water house [email protected]
coopers Pvt. Limited, Y-14,
Block EP, Sector-V, Salt Lake
City, Kolkata-700091
8. M/s. Knight Frank India [email protected]
Pvt. Limited, 15th Floor,
Tower ‟B‟, Signature Towers,
South City-1, Gurgaon
122001, Haryana, India
9. M/s WAPCOS Limited, B- [email protected]
76, Gautam Marg, Shyam
Nagar, Jaipur

It is not permissible to transfer this RFP to any other firm/bidder. These

bidders are authorized to submit online bids through authorized login
credentials mentioned above.
# The shortlisted bidders have been requested in parallel to share their e-
procurement portal login credentials to participate in this RFP process.
The bidder will be able to participate online using above mentionedeproc-
login ID.

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1.2 SCHEDULE OF BIDDING PROCESS

The Schedule of RFP process is as under:
S. No. Item Particulars

i. RFP No. F.1(R-86)/JMRC/DCA/Rev./17-18/09

dated 13.08.2019
ii. Websites for www.jaipurmetrorail.in
downloading tender http://eproc.rajasthan.gov.in
Document and
subsequent clarification www.sppp.rajasthan.gov.in
/ modification, if any http://transport.rajasthan.gov.in/jmrc
iii. Cost of Bid Document Rs. 2,360(including GST)
(Non-Refundable) DD (Rupee Two Thousand Three Hundred
/Banker‟s cheque in Sixty Only)
favour of Jaipur Metro
Rail Corporation
iv. e-tender Processing Fee Rs. 1,180(including GST)
(Non-Refundable) (DD/ (Rupees One Thousand One Hundred
Banker‟s cheque in Eighty Only)
favour of MD, RISL)
v. Estimated Cost ₹54 Lakhs
vi. Bid Security ₹1.08 Lakh
vii. RFP Download Start 16/08/2019
Date
viii. Pre-bid Conference* 23/08/2019 at (1200 Hrs) at Chintan
Hall, 2nd Floor, Admin Building, Metro
Depot, Bhrigu Path, Mansarovar,
Jaipur
ix. Last date of submitting 26/08/2019 (1800 Hrs)
queries / seeking
clarification*
x. Tentative date for 30/08/2019 (1800 Hrs)
Replies to Queries by
JMRC
xi. Online Bid submission 02/09/2019 (1100 Hrs)
Start Date / Time
xii. Last date and time of 17/09/2019 (1800 Hrs)
downloading of Bid

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S. No. Item Particulars

Document including
clarifications/
amendments, if any.
xiii. Last date and time for 18/09/2019 (1500 Hrs)
online Bid submission
xiv. Physical submission of 18/09/2019 (1700 Hrs)
original DD / BC / BG
for cost of Bid
document/ Tender fee,
Bid Security and e-
tender Processing Fee
(in favour of MD, RISL)
in JMRC office (Refer
Clause 2.8 iv)
xv. Date and time for 18/09/2019 (1730 Hrs)
opening of Technical Bid
xvi. Website for Online Bid https://eproc.rajasthan.gov.in
Submission
xvii. Bid Validity 180 days from the last date of
submission of the Bid.

Note:
i. The date of Pre-bid Conference and Query Submission/reply, etc.,
are tentative and may be changed at the discretion of JMRC. In
case of any change, same will be notified on the above mentioned
websites/portals.
ii. Corrigendum, Addendums and subsequent clarifications on bid
terms, if any, can be downloaded from the above mentioned
websites/portals. Intimation for change in the schedule of Bid
opening, etc., shall be notified on above-mentioned websites only.
Keep visiting these websites/portals for any subsequent
clarifications & modifications.
iii. Physical submission of bid is not allowed. Bid shall be
submitted ONLINE only at https://eproc.rajasthan.gov.in
iv. Technical Bids will be opened online on the specified date & time
in presence of bidders or their authorized representative who
chooses to attend. In the event of the date specified for bid opening

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 RFP FOR CONSULTANT / TRANSACTION ADVISOR FOR PROJECT STRUCTURING AND BID PROCESS MANAGEMENT 2019

being declared as a government holiday, the due date for opening

of bids will be the next working day at the same time and place or
on any other day/time, as intimated by the JMRC.
v. The date & time of opening of financial bid shall be informed to
short listed applicants through websites/ portals after conclusion
of evaluation.
vi. Technical bid of only those bidders/applicant shall be opened who
has submitted the original DD/BC/BG for cost of bid document/
Tender fee, Bid Security and e-tender Processing Fee in JMRC
office within the date & time as mentioned in Schedule of Bidding
Process.

1.3 ELIGIBILITY CRITERIA OF BIDDERS

S. No. Eligibility Required Supporting Document
The bidder should be one of the Nil
shortlisted/qualified applicant in the
1. EoI no. F.1(R-86)/JMRC/DCA/Rev.
/17-18 issued on 06.02.2019 as
single stage of this process.
The bidder should not have been Self-declaration/
blacklisted or debarred or any of its Undertaking to this affect
contracts have not been terminated on applicant firm‟s
due to breach of contract, during letterhead.
last 3 FYs (2016-17, 2017-18 & (included in Annexure-IV
2. 2018-19) & during current FY upto of this RFP)
the due date of submission of EOI,
by any of the state
Government's/Central Government's
/department /organisation/PSU

The bidder should obtain minimum As per clause 2.8.2(iii) of

60 marks out of 100 marks as per RFP
3.
marking criteria mentioned in clause
2.8.2 of this RFP

1.4 SALES / DOWNLOAD OF RFP

The RFP document can be downloaded from the websites/portals
mentioned above. However, The cost of bid document/ tender fees is to
be deposited at the time of submission of bid.

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All the interested bidders are invited to attend the pre bid conference as
per schedule mentioned above.
Managing Director
Jaipur Metro Rail Corporation

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2. INSTRUCTIONS TO BIDDERS
2
2.1 GENERAL INSTRUCTIONS

i. This (Request for Proposal) RFP document and any addenda thereto,
together with any further communications are issued for the purpose of
inviting bids only. The bidder shall not disclose any information
contained in the documents or otherwise supplied in connection with
this bid invitation to any third party except for the purpose of preparing
his Bid.
ii. The bidders are advised to explicitly read General Condition of Contract
(GCC) of JMRC available on its website https://www.jaipurmetrorail.in
and/or https://transport.rajasthan.gov.in/jmrc before submitting the
proposal. By submitting the proposal, the bidder agrees to all the points
included in the scope of lease/ RFP, relevant to the contract, terms &
conditions mentioned in the GCC referred above. Where the provisions of
this RFP are in conflict with the GCC, the former shall prevail.
iii. Each bidder will be deemed to have inspected the sites, the surroundings
and inspected all necessary documentation and made all inquiries, prior
to participating in the bid process.
iv. Corrections or overwriting, if any, should be avoided. However, if there
are any, must be accompanied with initials of authorised signatory only.
However, whitener should not be used for any corrections.
v. Bids submitted ONLINE ONLY at https://eproc.rajasthan.gov.in. Bids
sent by fax, post or e-mail will not be considered.
vi. If some or any of the document/annexure(s) is/are missing, the
Corporation has the right to reject the Bid as invalid Bid.
vii. The proposal shall not contain any conditional/ variable offer or scheme
etc. Bids containing such offers will be summarily rejected.
viii. Bids complete in all respects must be submitted online not later than the
date and time indicated in the schedule (clause 1.2). JMRC may, at its
discretion, extend this deadline for the submission of Bids by amending
the schedule and in that case all rights and obligations of JMRC and the
bidders previously subject to the original deadline shall thereafter be
subject to the deadline as extended.

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ix. JMRC may at its sole discretion and at any time during the processing of
Bid, disqualify any bidder from the Bidding process if the bidder has :–
a. Made misleading or false representations in the forms, statements
and attachments submitted in proof of the eligibility requirements.
b. Submitted Bid document, which is not accompanied by required
documentation and Earnest Money Deposit (Bid Security) is non-
responsive.
c. Fails to provide clarifications related thereto, when sought.
x. JMRC, at its sole discretion and 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 bidder in order to receive clarification or further
information;
c. retain any information and/ or evidence submitted to the JMRC by,
on behalf of, and/ or in relation to any bidder; and/ or
d. Independently verify, disqualify, reject and/ or accept any and all
submission or other information and/ or evidence submitted by or
on behalf of any bidder.
xi. No further discussion /interface will be held with the bidders whose bids
have been rejected/ disqualified / technically disqualified.
xii. Any Bid not accompanied by valid Earnest Money Deposit (Bid
Security), e-tender processing fee and the cost towards Bid document,
in acceptable form will be liable to be treated as being non-responsive.
xiii. The Bid and all related correspondence and documents in relation to
the Bidding Process shall be in English or Hindi language. Supporting
documents and printed literature furnished by the bidder may be in
any other language provided that they are accompanied by
translations of all the pertinent passages in the English /Hindi
language, duly authenticated and certified by the bidder. Supporting
materials, which are not translated into English/Hindi, may not be
considered. For the purpose of interpretation and evaluation of the
Bid, the English language translation shall prevail.
xiv. The JMRC reserves the right to verify all statements, information and
documents submitted by the bidder in response to the Bid Document.

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Any such verification or lack of such verification by the JMRC shall

not relieve the bidder of its obligations or liabilities hereunder nor will
it affect any rights of the JMRC there under.
xv. It shall be deemed that by submitting the Bid, the Applicant has:
(a) made a complete and careful examination of the RFP;
(b) received all relevant information requested from the JMRC;
(c) accepted the risk of inadequacy, error or mistake in the information
provided in the RFP or furnished by or on behalf of the JMRC;
(d) satisfied itself about all matters, things and information, including
matters referred to in herein above, necessary and required for
submitting the Bid and performance of all of its obligations there
under;
(e) acknowledged that it does not have a Conflict of Interest; and
(f) agreed to be bound by the undertaking provided by it under and in
terms hereof.
xvi. Each Applicant/Bidder shall submit only one Bid. The
Applicants/Bidders shall be responsible for all of the costs associated
with the preparation of their Bids and their participation in the Selection
Process including subsequent negotiation(s) and/or visits to the JMRC.
The JMRC will not be responsible or in any way liable for such costs,
regardless of the conduct or outcome of the Selection Process.
2.2 DUE DILIGENCE BY BIDDER
i. The bidders are required to examine carefully all the contents of the RFP
document& GCC and take them fully into account before submitting the
Bid. Failure to comply with the requirement(s) above referred documents,
will be at the bidder‟s own risk & responsibility.
ii. Bidders are advised to carry out extensive survey of earmarked spaces,
land spaces, and analyse the spaces at their own cost, before submitting
the Bid. The bidders must familiarize themselves with the scope of
consultancy&the referred land spaces.
iii. Bidders are required to verify the information given in respect of area,
locations, etc., attend the pre-bid conference and seek clarifications, if
any, from JMRC before submitting the bid.

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 RFP FOR CONSULTANT / TRANSACTION ADVISOR FOR PROJECT STRUCTURING AND BID PROCESS MANAGEMENT 2019

iv. Most of the information about JMRC is available in public domain and
accessible by everyone. The prospective bidders are advised to study the
information in public domain & seek more & more information if needed
and familiarise themselves with it. Accordingly, any claim related to lack
of information shall not be entertained.
2.3 PRE-BID CONFERENCE
i. For the purpose of providing an opportunity to the prospective bidders to
obtain clarifications and/or give suggestions with regard to this RFP and
bid process, a pre-bid conference has been arranged as per the schedule
& venue indicated in the Clause No. 1.2 of this RFP.
ii. During the course of Pre-Bid Conference, the bidders will be free to seek
clarifications and make suggestions for consideration of the JMRC. The
JMRC shall endeavour to provide clarifications and such further
information as it may, in its sole discretion, consider appropriate for
facilitating a fair, transparent and competitive Selection Process.
iii. Post meeting queries / request for clarification should be submitted
through e-mail or in writing by the date & time prescribed in the
schedule of the bidding process (clause 1.2) and the same received after
the date & time prescribed may not be taken into consideration.
The queries regarding this RFP, may be addressed to :
Joint General Manager (Administration),
Jaipur Metro Rail Corporation,
2 Floor, Wing-A, Admin Building, Metro Depot,
nd

Bhrigu Path, Mansarovar, Jaipur - 302020

Tel. No.0141- 2822753, Email: [email protected]
iv. Request for clarifications shall be furnished in the following format:

RFP Clause/
Query / Clarification
S. No. Annexure Subject/Title
sought
Reference No.

v. For any help in entry & location of pre-bid conference venue, JGM
(Administration) may be contacted over Telephone No. 0141-2822753

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email id: [email protected]. Further, even after pre-bid

conference, if any prospective bidder is interested in site visit he may
send such request to JGM (Administration), JMRC.
vi. JMRC may or may not reply to queries at its discretion.
2.4 CLARIFICATION / AMENDMENT /ADDENDUM
i. At any time prior to the deadline for submission of Bid, JMRC may, for
any reason, whether at its own initiative or in response to
clarifications requested by a bidder, modify the Bid Document by the
issuance of addenda/ corrigenda/ clarifications.
ii. Any addendum/corrigendum/amendment or responses to the queries,
thus issued will be sent in writing through the official websites of
JMRC, i.e., https://www.jaipurmetrorail.in,
https://transport.rajasthan.gov.in/jmrc, State Public Procurement
Portal www.sppp.rajasthan.gov.in and/or state e-procurement portal
https://eproc.rajasthan.gov.in. Prospective bidders are advised to
keep visiting these websites/portals regularly for updates.
iii. In order to offer the bidders reasonable time for taking an
addendum/corrigendum into account, or for any other reason, JMRC
may, in its sole discretion, extend the Last date and time of Bid
submission.
iv. JMRC may issue clarification/ amendments on its own or in response
to queries. All clarifications and interpretations issued by the JMRC
shall be deemed to be part of the Bid Document. A signed copy of the
same needs to be submitted technical bid.
v. Verbal clarifications and information given by JMRC or its employees,
if any, shall not in any way or manner, will not affect terms &
conditions of this RFP.
2.5 COST OF BID DOCUMENT (TENDER FEE) AND E-TENDER
PROCESSING FEE
i. The complete bid document can be downloaded for online submission
from the website https://eproc.rajasthan.gov.in, sppp.rajasthan.gov.in
and from JMRC website http://transport.rajasthan.gov.in/jmrc. Cost
of Bid Document (Tender fee), Rs. 2000 and GST Rs 360, total Rs.
2,360 (Rs. Two thousands Three Hundred Sixty only) inclusive of GST,
shall be paid in the form of Demand Draft/ Banker‟s Cheque of

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Scheduled Bank drawn in favour of „Jaipur Metro Rail Corporation

Ltd.‟, payable at Jaipur. The Tender fee is non-refundable.
ii. In addition, E-tender processing fee Rs. 1,180 (Rs. One Thousand One
Hundred Eighty only) shall be paid in the form of Demand Draft/
Banker‟s Cheque of Scheduled Bank drawn in favour of „Managing
Director, RISL‟, payable at Jaipur.
iii. Any Bid not accompanied by proof of payment of cost of bid
document(Tender fee)/e-tender processing fees in acceptable form will
liable to be treated as being non-responsive and shall be rejected.
2.6 BID SECURITY
i. Bid Security of Rs.1,08,000 (Rupees one lakh eight thousand only) in
the form of Demand Draft/ Banker‟s Cheque on any Scheduled Bank
drawn in favour of Jaipur Metro Rail Corporation Ltd., payable at
Jaipur, shall form part of the bid. The Bid Security can also be
deposited in the form of Bank Guarantee (valid up to 210 days from
the Last date of Bid submission) in the format enclosed at Annexure-X
drawn on any Scheduled Bank (having its branch in Jaipur) in favour
of Jaipur Metro Rail Corporation Ltd., payable at Jaipur.
ii. Any Bid not accompanied by valid Bid Security in acceptable form
will be treated as being non-responsive & shall be summarily rejected.
iii. The Bid Security shall be forfeited in the following cases:
a. when the bidder withdraws or modifies its bid after opening of bids;
b. when the bidder does not execute the agreement, after issuance of
LoA;
c. when the bidder does not deposit the performance security within the
specified period issuance of LoA; and
The decision of JMRC in this respect shall be final and binding.
iv. The Bid Security of successful bidder may be adjusted against
Performance Security or shall be refunded after deposition of the
Performance Security; as the case may be.
v. If the successful bidder fails to deposit the required security deposit(s)
or to execute the agreement within the specified period without any
valid reasons, such failure will be treated as a breach of the terms and
conditions of the tender and will result in forfeiture of the Bid security

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in full, at the discretion of Jaipur Metro Rail Corporation Limited

(JMRC).
vi. The bid security of unsuccessful bidders will be refunded/returned
within 30 days after signing of the Agreement with the successful
bidder or after the expiry of the validity of the offer (unless extended),
whichever is earlier or immediately after cancellation of tender
process; as the case may be. No interest shall be paid on the Bid
security.
2.7 SUBMISSION OF PROPOSAL
i. Submission of bids through online process is mandatory for this
Tender. Bids sent by post, fax or e-mail or presented in person will not
be considered.
ii. The bidder should get itself registered on e-procurement portal
(https://eproc.rajasthan.gov.in) and create users and assign roles on
this portal. Further to this, bidder shall download Notice Inviting Bids
(NIB) and copy of RFP from this site. The complete bid document can
also be seen on JMRC website www.jaipurmetrorail.in or
https://transport.rajasthan.gov.in/jmrc and sppp.rajasthan.gov.in.
iii. To participate in online bidding process, bidders must procure a
Digital Signature Certificate (class 2 / class 3 category) as per
Information Technology Act-2000 using which they can digitally sign
their electronic bids. Bidders can procure the same from any licensed
Certifying JMRC for e-tender portal. Bidders who already have a valid
Digital Signature Certificate (DSC) need not procure a new DSC. This
DSC will be used to sign the bids submitted online by the bidder.
Unsigned bids shall not be entertained and be summarily rejected.
iv. Bidder (authorised signatory) shall submit their offer on-line in
Electronic formats both for technical and financial bid. The technical
bid should also contain scanned copy of DD / Banker‟s Cheque for
Tender Fee & e-tender Processing Fee and scanned copy of DD/
Banker‟s Cheque /Bank Guarantee for Bid Security.
In addition to this, DD/ Banker‟s Cheque /BG for Tender Fee, e-tender
Processing Fee and Bid Security must be submitted physically at the
following address of JMRC with a covering letter mentioning therein
the details & name of the RFP, by the scheduled date and time as per
schedule prescribed in Clause 1.2.

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Executive Director (Corporate Affairs),

Jaipur Metro Rail Corporation,
2 Floor, Admin Building, Wing-A, Metro Depot,
nd

Bhrigu Path, Mansarovar, Jaipur - 302020

In absence to physical submission of the DD/ Banker‟s Cheque / BG
for Tender Fee, e-tender Processing Fee and Bid Security in JMRC
office by due date & time, the Bid shall summarily be rejected.
v. JMRC will not be responsible for delay in online submission due to any
reason. For this, bidders are requested to upload the complete bid well
advance in time so as to avoid last minute issues like slow speed;
choking of web site due to heavy load or any other unforeseen
problems.
vi. Utmost care must be taken to name the files /documents to be
uploaded on portal. There should not be any special character or space
in the name of file, only underscores are permissible. The uploaded
files that are unable to download, or corrupted, or password protected,
or virus/malware infected, or the likes, shall not be accepted and the
bid shall be liable to be rejected.
vii. A two bid(technical bid and financial bid) selection procedure shall be
adopted. The Bid shall contain:

a) Part-A: Technical Bid

This Part should contain the Technical Bid consisting of a PDF copy of
this „Request for Proposal‟ with Annexure of RFP, each page digitally
signed by the bidder in acceptance of the terms and conditions
therein, along with scanned copy of all the required documents duly
filled in support of eligibility and scanned copy of DD/BG/BC for bid
security, tender fee and e-tender processing fee. Apart from being
digitally signed, all the documents should be signed and stamped on
each page, before scanning, by the authorised representative of the
bidder. All the applicable Annexure shall be duly filled wherever
required, physically signed & scanned (in PDF format) and digitally
signed on each page and to be submitted online as part of technical
bid. Financial proposal should not be indicated at any place in the
Technical Bid, otherwise the Proposal shall be summarily rejected.

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b) Part-B: Financial Bid (BOQ)

This Part should contain the Financial Bid in the prescribed Format as
per Annexure-IX to be uploaded soft copy.Utmost care should be taken
to upload the Financial Bid. Any change in the format of Financial Bid
file shall render it unfit for bidding. Following Steps may be followed in
submission of Financial Bid:
i. Download format of Financial Bid in XLS/ XLSX format.
ii. The same XLS/ XLSX file is a password protected file. Don‟t
unprotect the file.
iii. Fill „Bidder's Name‟ & quote percentage above or below in Green
back-ground cells in the downloaded Financial Bid format. Don‟t
fill-in other colour cells.
iv. Validate the above sheet and save the same file in your computer
and upload this duly filled file.
Note:
Rate quoted should be all-inclusive for carrying out activities as
detailed in the scope of consultancy. It is to be noted that GST and
any other taxes, as applicable shall be payable extra as per the
prevailing rate and rules.
While quoting rates in financial bid, the bidder must take into account
existing tax structure as on last date of bid submission and later on no
claims as issues regarding misinterpretation of tax liability, etc., shall
be entertained.
2.8 EVALUATION OF PROPOSALS

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1
2
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.8.1 GENERAL
i. The bids will be opened online on e-procurement portal on the date
and time, as specified in the Clause 1.2 (schedule to RFP) of this RFP
in the presence of bidders or their authorized representatives who
choose to attend the opening of Bid. The bidders or their authorized
representatives who are present to witness the Bid opening shall sign
a attendance sheet/ register evidencing their attendance as a witness
to the Bids opening process. In the event of the specified date of Bid
opening being declared a holiday, the Bids will be opened on the next
working day at the same time and place or on any other day/time, as
intimated by the JMRC.
ii. Only Technical Bids will be opened first and evaluated as per the
eligibility criteria set forth in this RFP document.
iii. Financial Bids will remain unopened until the evaluation of technical
bids. The Financial Bids of only those bidders who are short listed in
Technical evaluation stage will be opened & evaluated. The time and
date of opening of Financial Bids shall be communicated to technically
qualified bidders through state e-procurement portal
https://eproc.rajasthan.gov.in. The technically qualified bidders may
attend the opening of the Financial Bid, if they so desire.
iv. The bidders or their authorized representatives who want to be present
to witness the Financial Bid opening shall sign on attendance sheet /
register evidencing their attendance as a witness to the Financial Bid

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opening process. In the event of the specified date of Financial Bid

opening being declared a holiday, the Financial Bids will be opened on
the next working day at the same time and place or on any other
day/time, as intimated by the JMRC.
v. Quality Cost Based Selection method (QCBS) shall be adopted for
evaluation while assigning 70% and 30% weightage for Technical Bid
and Financial Bid respectively.

2.8.2 EVALUATION OF TECHNICAL BID

i. The Applicant should take enough care to submit all the information
sought by the JMRC in the desired formats. The Technical Bids are liable
to be rejected if information is not provided in the desired formats. The
Technical Bids will be evaluated out of 100 marks.
ii. In the first stage, the Technical Bid will be evaluated on the basis of
Applicant‟s experience, its understanding of TOR, proposed methodology
and work plan, and the experience of Key Personnel. Only those
Applicants whose Technical Bids score 60 marks or more out of 100 shall
be ranked as per score achieved by them, from highest to the lowest
Technical Score (ST).
iii. The scoring criteria to be used for evaluation of Technical Bids shall be
as follows:
Technical Score Documents
SN Marks Deployment
Criteria Required
1. No. of Years of Certificate of
Operation in India Registration/
Parameter Marks
in the field of Copy of
consultancy, as on Equal or more than 5 years but less 5 Memorandum
31.03.2019 than or equal to 10 years /Article of
(Maximum 10 Association/
marks) More than 10 years but less than 8 Certificate of
or equal to 15 years Incorporation
More than 15 years 10

2. Experience of Completion
providing Certificate
Parameter Marks
consultancy from assignor
services for 10 or more but less than 15 15 or copy of
completed or in (completed+ongoing) Projects Agreement or
hand projects Allotment
15 or more (completed+ ongoing) 20
during last 7 years, letter as
Projects
i.e., on or after 1st applicable
April 2012

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Technical Score Documents

SN Marks Deployment
Criteria Required
(Maximum 20
marks)

3. Experience of Parameter Marks Completion

providing Certificate
consultancy 2 completed Projects 12 from assignor
services for Real More than 2 but less than 5 15
Estate/Land completed projects
development
projects or PPP 5 or more completed Projects 20
consultancy
projects in last 5 #5 marks will be awarded additionally if any of
years ending on the completed project is related to land/real
March 31, 2019) estate property development in transport
(Maximum 25 sector (Airport/Indian Railways /State
marks) Transport corporation/Metro Rail Corporation,
etc) under PPP model.

4. Experience of Completion
providing certificate from
consultancy Parameter Marks assignor with
services for one a proof of
similar Real Estate/ Project value => ₹50 < 200 Crores 3 project value
Land development
Project value > ₹200 < 500 Crores 5
project or PPP
consultancy project Project value > ₹500 Crores 8
from any of the
state #2 marks will be awarded additionally if any of
Government's/ above completed project is related to land/real
Central estate property development in transport
Government's/ sector (Airport/Indian Railways/State
department/PSU Transport corporation/Metro Rail Corporation,
(for at Least 01 etc) under PPP model
project) (Maximum
10 marks)
5. Average annual Audit Balance
consultancy fees sheet or CA
receipt of Last 3 Parameter Marks certified copy
Financial Years of ITR or any
Rs. 50 Crore or more but less than 6
ending on March other CA
Rs. 100 Crore
31, 2019 certified
(Maximum 10 Rs. 100 Crore or more but less 8 document
marks) than Rs. 200 Crore having details
Rs. 200 Crore or more 10 of receipt of
consultancy
fees
6. Key Staff Proposed Parameter Marks CV of the
for the Project expert signed
(Maximum 23 PPP Expert: MBA Experience of 3
/PGDM or 7-10 Years by self in the
marks)

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Technical Score Documents

SN Marks Deployment
Criteria Required
equivalent and Experience 5 format at
must have worked more than 10 Annexure-VII
as team leader for Years along with
providing experience
consultancy document &
services for any relevant
minimum 2real document
estate PPP basis which can
Projects prove their
Real Estate Experience of 3 present
Infrastructure 7-10 Years association
expert MBA/ Civil with the
Engineer and bidder
must have worked Experience 5
as team more than 10
leader/member for Years
providing
consultancy
services for
minimum 2 real
estate PPP basis
Projects
Finance Analyst Expert: 3
MBA/PGDM in finance or CA or
equivalent with at least having
experience of minimum 7 years
and must have worked as team
member for providing consultancy
services for minimum 2real estate
PPP basis Projects
Architect/Planner: Masters in 3
Architect or planning having
experience of minimum 7 years,
and must have experience in
drafting bid documents, concession
agreements for minimum 2 land
development Projects under PPP
Model
Legal Expert: Graduate in Law 3
having experience having
experience of minimum 7 years,
and must have experience in
drafting bid documents, concession
agreements for minimum 2 land
development Projects under PPP
Model
Associate:(Two) MBA/PGDM/Post 2
Graduate in Commerce or (2 for
equivalent having experience of

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 RFP FOR CONSULTANT / TRANSACTION ADVISOR FOR PROJECT STRUCTURING AND BID PROCESS MANAGEMENT 2019

Technical Score Documents

SN Marks Deployment
Criteria Required
minimum 5 years, and must have each)
worked as team member for
providing consultancy services for
minimum 3 land development
Projects under PPP Model
7. Approach & Approach &
Methodology Methodology
(Maximum 2 Marks) 2 marks of consultancy
(Annexure-
VIII)

Notes:
a. The JMRC expects all the Key Personnel specified in the bidder‟s
proposal to be available with the Agency and deployed during
execution of work and fulfilment of all contractual obligations
pursuant to this RFP. No replacement of the Key Personnel whose
details were submitted along with the bid should be made unless
absolutely essential. If such a replacement becomes unavoidable, it
should be informed immediately to JMRC in writing, together with
reasons thereof. Non-essential changes shall be treated as significant
deficiency in execution of work, attracting penalty as per provisions of
this RFP.
b. The successful bidder shall not have the option of replacing any Key
Personnel during the period of contract with personnel possessing
lower qualifications than those submitted along with the bid.
c. While the team leader and experts will be visiting Jaipur as per
requirement, the associate will be stationed in Jaipur during the
course of assignment.
iv. The Technical Bids, which are found acceptable in accordance with
Clause 2.8.2(iii), shall be deemed as responsive Bids. The Applicants with
such responsive Bids and securing technical score (ST) of minimum 60
marks would be considered as Short-listed Applicants and would be
eligible for next stage of the evaluation Process, i.e., Financial
Evaluation.
v. The JMRC will open “Financial Bid” of only of Short-listed Applicants for
evaluation in accordance with Clause below.

2.8.3 EVALUATION OF FINANCIAL BID

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i. In the second stage, the financial evaluation will be carried out. Each
Financial Bid will be assigned a Financial Score (SF).
ii. The lowest Financial Bid (FL) among the bidders will be given a financial
score (SF) of 100 points. The financial scores of other Bids will be
computed as follows:
Financial Score (SF) = 100 x FL/F
(F = Amount of Financial Bid of a bidder)

2.8.4 COMBINED AND FINAL EVALUATION

i. Bids will finally be ranked according to their combined technical (ST) and
financial (SF) scores as follows:
S = STx 0.7 + SF x 0.3
ii. The Selected Applicant shall be the Applicant having the highest
combined score while other Applicants shall be ranked sequentially
accordingly to their combined scores.

2.8.5 AWARD OF CONTRACT, SIGNING OF AGREEMENT &

PERFORMANCE SECURITY:
i. The Selected bidder may, if necessary, be invited for negotiations. The
negotiations shall generally not only be for reducing the price of the Bid,
but also will be for re-confirming the obligations of the Agency under this
RFP. Issues such as deployment of key personnel, understanding of the
RFP, methodology and quality of the work plan shall be discussed during
negotiations.
ii. Prior to the expiry of the period of validity of the Bid, the successful
bidder shall be notified through a Letter of Award (LoA) sent through
email to be confirmed in writing by Registered / Speed Post / By hand
that its Bid has been accepted.
iii. Upon receipt of the „LOA‟, the successful bidder(s) shall return one copy
of the LOA duly signed and accepted and stamped by its authorized
signatory within 10 working days from the date of issue of LOA and
submit performance security within 15 days from the date of issue of
LOA, equivalent to 10% of the approved total professional fees mentioned
in LoA (excluding success fee), in the form of Bank Guarantee (Annexure-

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X) or pledged Fixed Deposits from any scheduled bank ( having its

branch at Jaipur) in favour of Jaipur Metro Rail Corporation Ltd. The
Bank Guarantee for performance security should remain valid up to a
period of 42 months from the date of issue of PBG. The Performance
Security is to ensure due performance of all obligations of the consultant
under the Contract against an event of default by the consultant and/or
any material breach of its obligations there under.
iv. The performance Security can also be deposited in the form of DD/
Banker‟s Cheque of scheduled bank drawn in the favour of Jaipur Metro
Rail Corporation Limited, payable at Jaipur.
v. An agreement shall be executed within 07 working days of deposition of
Performance Security as per format at Annexure XII. The original copy of
the Agreement shall be retained by JMRC and the copy shall remain with
Agency. The bidder shall pay the expenses of completing and stamping
the agreement.
vi. The performance security deposit shall not carry any interest during the
tenure of the Lease.
vii. The Performance Security Deposit shall be refunded/ released at the end
of full term of contract after adjustment of outstanding dues, if any,
made in accordance with this contract, to the bidder on his application
within one month after satisfactorily completion of contract.
viii. The cost of Stamp Duty for execution/ registration of agreement and any
other related Legal Documentation charges / incidental charges shall be
borne by the successful bidder only and such stamp duty will have to be
paid in Rajasthan state only.
ix. The selected bidder shall not be entitled to seek any deviation,
modification or amendment in the agreement.
x. Till the signing of the agreement, the LoA shall form a binding
contractual agreement between JMRC and the successful bidder(s) as per
terms of this RFP.
xi. If the bidder fails to deposit the required/ performance security or to
execute the agreement within the specified period without any intimation
to JMRC, such failure will be treated as a breach of the terms and
conditions of the tender and bid security shall be forfeited. Any request
for extension of time for deposition of security deposit shall be made in
writing with due justification and it shall be at the discretion of JMRC to

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accept or reject such request. Such request, at the discretion of JMRC

may be accepted with imposition of penal surcharge as per following:
Days from date of issue of Rate of penal charges to be submitted in
LoA form of DD / Bankers cheque (Non-
refundable)
Up to 20 working days Nil
21stday to 25th day @ 0.1% flat of the approved license fee of
first year as per LoA
26thday to 31st day @ 0.2% flat of the approved license fee of
first year as per LoA
32nd day to 40th day @ 0.5% flat of the approved license fee of
first year as per LoA

xii. JMRC shall have the right to invoke and en-cash the amount of Security
Deposits in whole or in part, without notice to the Bidder in the event of
breach of this Agreement or for recovery of liquidated damages or
penalties.
xiii. JMRC shall reserve the right for deduction of JMRC dues from the
Performance Security Deposit at any stage of agreement, i.e., currency/
completion/termination, against:
a. Any amount imposed as penalty and adjustment for all losses/
damages suffered by JMRC for any non-conformity with the terms &
condition of the agreement.
b. Any amount for which JMRC becomes liable to the Government/Third
party due to any default by any employee / agent of the Bidder.
c. Any payment/ fine imposed under the order/judgment of any court/
consumer forum or law enforcing Bidder or any person working on
behalf of the Bidder.
d. Any other outstanding JMRC‟s dues/ claims, which remain
outstanding after completing the course of action as per this Lease
Agreement.
xiv. JMRC shall retain the right to withdraw the LoA in the event of the
successful bidder‟s failure to accept the LoA within the limit specified. In
that event, JMRC shall forfeit the Bid Security of the successful bidder.

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The bidder shall not seek any claim, compensation, damages or any
other consideration whatsoever on this account.
xv. In case of non-acceptance of LoA or non deposition of security deposit by
the successful bidder, even after 15 days of issue of LoA and/ or non
signing of agreement within permissible time, JMRC shall cancel the LoA
and may award the contract to the bidder next in the ranking, at its
discretion.
xvi. After acknowledgement of the LOA as aforesaid by the Selected
Applicant, it shall execute the Agreement within the prescribed period.
The Selected Applicant shall not be entitled to seek any deviation in the
Agreement. In the event that the Selected Applicant does not sign the
Agreement by the stipulated date, the JMRC may, unless it consents to
extension of time for submission thereof, cancel the LOA and the next
highest ranking Applicant may be considered or Risk and Cost action
may be taken at its discretion.
xvii. After signing of Contract Agreement, the JMRC shall issue NTP (Notice to
Proceed), and the Agency shall commence the work within seven days of
the issuance of thisNTP.
2.9 CONFLICT OF INTEREST
i. The bidder shall not have a conflict of interest that may affect the
Selection Process or the Work (the “Conflict of Interest”). Any bidder
found to have a Conflict of Interest shall be disqualified. In the event of
disqualification, the JMRC shall forfeit and appropriate the Bid Security
and the Performance Security and may refund an amount after
deduction of mutually agreed genuine pre-estimated compensation and
damages payable to the JMRC for, inter alia, the time, cost and effort of
the JMRC including consideration of such Applicant‟s Bid, without
prejudice to any other right or remedy that may be available to the JMRC
hereunder or otherwise.
ii. The JMRC requires that the Agency provides professional, objective, and
impartial advice and at all times hold the JMRC‟s interests paramount,
avoid conflicts with other assignments or its own interests, and act
without any consideration for future work. The Agency shall not accept
or engage in any assignment that would be in conflict with its prior or
current obligations to other clients, or that may place it in a position of

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not being able to carry out the assignment in the best interests of the
JMRC.
iii. Without limiting the generality of the above, the bidder shall be deemed
to have a Conflict of Interest affecting the Selection Process, if:
a. the bidder or a Constituent thereof has common controlling
shareholders or other ownership interest with another bidder or a
Constituent thereof; provided that this disqualification shall not apply
in cases where the direct or indirect shareholding of an bidder or a
Constituent thereof (or any shareholder thereof having a shareholding
of more than 5 per cent of the paid up and subscribed share capital of
such bidder) in the other bidder is less than 5 per cent of the
subscribed and paid up equity share capital thereof; or
b. a constituent of such bidder is also a constituent of another bidder; or
c. such bidder, or any constituent thereof receives or has received any
direct or indirect subsidy, grant, concessional loan or subordinated
debt from any other bidder, or any constituent thereof or has provided
any such subsidy, grant, concessional loan or subordinated debt to
any other bidder or any constituent thereof; or
d. such bidder has the same legal representative for purposes of this Bid
as any other bidder; or
e. such bidder, or any constituent thereof has a relationship with
another bidder, or any constituent thereof, directly or through a
common third party, that puts either or both of them in a position to
have access to each others‟ information about, or to influence the Bid
of either or each other; or
f. Such bidder or any constituent thereof is in the business of property
development or has share holding exceeding 5 per cent in any
property development concern. However, for the purpose of this
Clause, property development consultancy shall not be deemed to be
“the business of property development” and a property development
consultancy concern shall not be deemed to be a “property
development concern.”
iv. In addition to this, the provisions of Rajasthan Transparency in Public
Procurement Act, 2013 & Rules made thereunder, including but not
limited to Rules 81, shall also be applicable; and the bidders must take
cognizance of the same for due compliance.

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3. TERMS OF REFERENCE (TOR)

3
3.1 DETAILS OF AREA OF LAND / SPACES
a) JMRC has land spaces adjacent to its Metro Stations of Phase 1A and
roof space above Chandpole Metro Station as detailed below:
S. Metro Station Approximate Area of land/space near
No. (Sqm.)
GateNo.1 GateNo.2

1 Mansarovar 3278 -
2 New Atish Market 2505 5560
3 Vivek Vihar 3785 998
4 Ram Nagar 1790 2314
5 Civil Lines (South) - 980
6 Railway Station (Chandpole side) 1710 -
7 Land adjacent to Metro 957 -
Chandpole Station
Space above Metro 1700* -
Station
*Space is available above Chandpole Metro Station and the station
building is to be vertically extended and to be integrated with the parking
space adjacent to Metro Stations.

b) Most of these spaces are being used for parking purpose and JMRC
desires to develop these spaces for commercial purpose including for
parking to facilitate commuters and to earn non-fare revenue after
feasibility analysis. The commercial space so developed will be integrated
with the existing Metro Station. These spaces shall be developed through
different option of Public Private Partnership (PPP).

3.2 SCOPE OF WORK

The Scope of Work shall inter alia concern various activities with
reference to the property development in the parking area of various
metro station of phase1A. However, the consultant maybe required to
include other necessary tasks, as may be needed for preparing detailed
project structuring reports, covering all the aspects involved in the
development of the project and its mode of implementation.
The deliverable tasks are identified, as under:

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3.2.1 INCEPTION REPORT: [DELIVERABLE: INCEPTION REPORT]

The consultant will deploy its team for JMRC's work as per contract
requirement. The consultant will submit details of team deployment and
brief understanding of project after site visit and meeting and
deliberations with JMRC's team and submit inception Report to JMRC.
The consultant will conduct reconnaissance surveys of the Land /space
available in the parking area adjacent to the metro stations of phase-1A
as per details provided in the introduction and shall prepare reports for
each metro station accordingly and submit the same to JMRC for
approval. This survey shall include but not be limited to the physical
inspection of the present condition of land/ space available, and
examination of access parameters, development potential, developmental
FSI with respect to applicable regulations, availability of water, power
and other infrastructural elements, etc. for property development. The
consultant will deploy its team as per contract requirement and will
submit details of team deployment & brief understanding of project after
site visit reconnaissance surveys and deliberations with JMRC team.
The inception report submitted to JMRC will be deliberated and
comments of JMRC will be sent to consultant within next 15 days.

3.2.2 FEASIBILITY STUDY [DELIVERABLE: FEASIBILITY REPORT]

The consultant shall prepare a Feasibility Report based upon the Market
Demand Assessment, Detailed Survey and Investigation and
Infrastructure Survey conducted by it, laying down various options for
development at each of the parking area of JMRC phase 1A, as under :
i. Market Assessment
a) Developing a vision for the proposed facilities/components, keeping
in view the location constraints and potential, as well as the
possibility of new or existing niche markets and the demand
potential.
b) Identification of potential list of investors/developers/operators who
would be willing to develop the proposed facilities/components.
c) Benchmarking with reference to proposed facilities/components at
similar National/International destinations.
d) Review of current market scenario for various development options.
ii. Detailed Survey and Investigation

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a) Total survey and contour mapping of project areas

b) Area calculations and measurements
c) Index and location sketches
d) Utility survey
e) Site planning, study of landform and existing infrastructure taking
into consideration interface with the existing development on
the site/adjacent station.
f) Preparation of base plan based on survey report, contour map and
data collected including maps/drawings. Other necessary tasks to
be performed in this regard shall include:
i. Collecting and updating existing survey details especially with
reference to the land use map
ii. Identifying and indicating existing roads, water bodies,
ground levels and other geographical features
iii. Identifying and indicating existing service lines including
transmission lines, telephone lines, water supply lines, storm
water drainage lines, gas and petroleum lines etc.
iii. Infrastructure Survey
a) Identifying and enclosing the public and private agencies/
organisations that are responsible for providing vital infrastructure
in the region such as
1. Power : Survey of Power availability like the loads, number of
receiving stations, sub-stations and corridors of the area and
clearly laying down their physical locations on the plan.
2. Water, Sewerage and Solid Waste Disposal : The Agency should
examine provisions in the master plans for water, sewerage and
solid waste disposal in the area and survey about their present
status.
3. Telecom : The Agency should assess telecom requirements for
the proposed facilities/development and identify details of the
service providers available in the vicinity.
The Agency shall co-ordinate with Government and private agencies
as may be required for the above.

b) Marketing survey and demand assessment for different types of

proposed facilities / development.
c) Study and recommendation of institutional mechanism for

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operation & maintenance of the parking area of JMRC metro

station and integrating the same with the project.
The comments of JMRC on inception report will be incorporated in the
feasibility report. The feasibility report shall be submitted to JMRC along
with a presentation explaining pros & cons of various options for each of
Parking space. JMRC will send its comments on feasibility report
within15 days.
3.2.3 DETAILED PROJECT STRUCTURING (DELIVERABLE : DPSR)
i. Conceptual Layout and Cost Estimation
a) Preparation of conceptual lay outs (including indicative zoning plans
of site utilization) of the proposed facilities/developments at each
parking area of the phase 1A taking into account its market
potential and considering product mix and sizing with respect to
following considerations (indicative, not limited to)
(1) Topography
(2) Size of area of parking
(3) Accessibility
(4) Location of components with respect to surrounding activities
(5) On site infrastructure
(6) Applicable Development Control Regulation/Building bylaws
Note:
i. For parking area attached with Metro Stations, the conceptual
layouts should take into account formulation of a smooth inter face
with the Metro Station so as to mutually benefit the proposed facility
as well as the Metro System by enhancing ridership/ footfalls.
ii. Further, all proposed layouts should be prepared taking into
consideration applicable policies, which have a direct implication on
the property development in the parking area JMRC phase-1A.
a) Provide preliminary estimates of the cost of proposed
facilities/developments for each metro station parking area phase
1A.

b) Provide preliminary estimates of the revenue projections of

proposed facilities / developments for each metro station parking
area phase1A.

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c) Provide details of all taxes that would apply to the proposed

facilities/ developments for each metro station parking area phase
1A.

d) Provide assessment of acceptable price of lease rentals by potential

investors for proposed facilities / developments for each Land
Parcel.

ii. Clearances and Approvals:

The consultant shall
a) Identify necessary approvals and clearances to be obtained for the
proposed facilities/ developments for respective metro station
parking areas.

b) Assist the Authority in identifying and preparing appropriate

documentation to support any applications with regard to (a) above.
iii. Financial Viability Analysis:
The consultant shall
a. Provide financial viability analysis (Internal Rate of Return, NPV) for
the proposed facilities / developments.
b. Prepare risk management matrix with mitigation measures
c. Undertake sensitivity analysis based on variations in key parameters
including
(1) Variation in size /type and inclusion/exclusion of project
components
(2) Occupancy, volumes and tariff for the facilities
(3) Changes in variable and fixed operating costs
(4) Anticipated Project Cash Out flow (capital expenditure and
revenue expenditure)
(5) Estimation of Anticipated Revenue Projections
(6) Investment Plan and Phasing of development
iv. Project Structuring
For facilities / developments proposed for each Land Parcel, the
consultant shall prepare a Business Plan including but not limited to the
following:

a) Anticipated Project Cash Out flow (capital expenditure and revenue

expenditure)

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b) Anticipated Sources of Funds (capital, government grants, schemes,

land sale / leasing, PPP, or any similar concept)
c) Anticipated Revenue Projections
d) Investment Plan and Phasing of development
Comments of JMRC on feasibility report, if any, shall be incorporated in
the DSPR report. Consultant will also give a presentation on DPSR report
to JMRC for each of Parking space/Metro Station.

3.2.4 PREPARATION OF TERM SHEET [DELIVERABLE: TERM SHEET]

a. Based on the preliminary project structure and discussions with
stakeholders term sheet will be prepared broadly outlining the project
structure, broad scope of developer/Bidder, JMRC‟s obligations,
performance standards, durations of lease, Lease/user charges,
monitoring and supervision mechanism, bidder‟s qualification criteria
(technical and financial capacity), bid criteria for selection of the Bidder.
b. Norms/regulations of competent authorities wherever applicable will be
taken into consideration while preparing the Term Sheet.

3.2.5 PREPARATION OF RFP DOCUMENT: [DELIVERABLE: DRAFT RFP &

FINAL RFP]
The consultant, in consultation with JMRC shall:

 Plan various packages for floating of RFP.

 Prepare suitable eligibility criteria (financial and technical eligibility)

based on the project requirement and prevailing market condition.

 After approval of project structure/term sheet, prepare Request

for Proposal (RFP) document comprising of (1) Project
Information, (2) Scope of Work, (3) Information & Instructions to
Bidders, (4) Terms & Condition and (5) Draft Agreement for each of
the Metro Station.

 The RFP(s) shall also include rights and obligations of both parties,
grant of authorization, authorization period, actions in support of
authorization, condition precedents, representation and warranties,
implementation framework, project inspection during construction
period monitoring, mechanism during project operation duration,

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information and reporting requirement, force majeure events, events

of default, liability & indemnification, insurance, dispute resolution
mechanism, termination payments, transfer of assets on completion
of project period etc.

 The Draft RFP(s) so prepared will be submitted to JMRC for approval.

JMRC after deliberations with the consultant may suggest some
changes in the RFP. Accordingly, the consultant shall submit final
RFP documents of each station/package for approval and issuance
by JMRC.

3.2.6 BID PROCESS MANAGEMENT AND SELECTION OF DEVELOPER/

CONCESSIONAIRE
a) The consultant will assist JMRC in identifying prospective bidders
and will send them RFP(s) so issued & invite them for pre-bid
meeting. The consultant will give detailed presentation in pre-bid
meeting(s) on behalf of JMRC.

b) The consultant shall also assist JMRC in responding to the queries

that may be raised during the pre-bid meeting(s) and prepare minutes
along with addendum/corrigendum to the bid documents as required.

c) The consultant shall assist JMRC in technical and financial

evaluation of the bids so received in short listing and selection of
property developer(s) based on evaluation criteria for implementation
of the project.

d) The consultant shall assist JMRC in the bid process in issuance of

LOA(s) to the successful bidder(s).

e) The consultant shall assist JMRC in formulating the Contract

Agreement(s) consequent to the bid process and shall associate with
and assist JMRC in signing of contract agreement(s) with the
successful bidder(s).

f) In case of failure of Bid process in first attempt, the transaction

advisor will assist JMRC in floating Bid upto2 more rounds (total 3
rounds) without any additional cost to JMRC and with or without any
changes in the RFP. The contract will be closed after conclusion of the
third round of the bidding with or without success.

3.2.7 ASSISTANCE IN CONTRACT:

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The consultant will provide assistance to JMRC for execution of the

contract post signing of agreement & monitor during development of
project:
a. To assist JMRC in approving of preliminary plans submitted by
selected bidder and prepare Notice to Proceed (NTP);
b. To monitor the compliances of contract provisions as per agreement
and advise/report to JMRC whenever required, till the construction
period (occupancy certificate) and till invoicing of first lease amount
by JMRC after moratorium period.
c. To assist JMRC in fulfilling statutory requirement, if any.
d. To provide monthly progress report to JMRC.
3.2.8 CONSULTATION WITH JMRC
a. JMRC will provide all information/data/details as may be required for
preparation of feasibility report, term sheet, RFP document, etc.
b. JMRC will arrange and facilitate meetings of consultant team with
official and other stakeholders as may be required.
c. At every stage of activity identified above, JMRC may seek
presentation from the consultant, call them for deliberation and may
suggest some changes or provide feedback to the consultant.
d. Consultant shall professionally advise JMRC on the
suggestions/feedback and accordingly incorporate the same in the
planning, next stage of deliberations and final RFP, as the case may
be.
3.2.9 OTHER TERMS & CONDITIONS:
a. The consultant will prepare separate reports/deliverables for each of
land spaces available at Metro Station except for inception report,
which will be prepared common for all land spaces mentioned in the
Letter of award. Consultancy fees shall accordingly be released for
respective land spaces.
b. Separate RFPs shall be floated for all land spaces. JMRC may reduce

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any of the land space from the scope of consultancy as per its
requirement at the time of award of contract.
c. JMRC will not pay any additional fees to the consultant in case RFP is
to be re-floated upto next 2 rounds, due to failure of process in
previous rounds. The consultant shall provide assistance to JMRC in
Review of RFP, ToR and Bid process management for subsequent
round of RFP process without any additional cost to JMRC.
d. In case of non-availability of consultant's office in Jaipur, the
consultant will establish its office at its own expense & intimate to
JMRC.
e. JMRC will arrange/ provide meeting space during meetings /
presentations to be held in JMRC.

3.2.10 COORDINATION
The Agency shall nominate a lead Consultant who shall be the single
contact point for the JMRC for all matters related to the implementation
of this Work. From the side of the JMRC, the following shall be the single
contact point for the Agency for all matters related to coordination
between the JMRC and the Agency with respect to implementation of this
Work:
Executive Director (Corporate Affairs)
Jaipur Metro Rail Corporation Limited,
2nd Floor, Wing-A, Admin Building
Metro Depot, Bhrigu path Mansarovar, Jaipur –302020

3.3 TIMELINES AND DELIVERABLES

The Agency shall follow the time schedule as under:
S. N. Deliverable Time duration (in days)
1. Inception Report 30 days from Notice to
Proceed (NTP)
2. Feasibility Report including 90 days from NTP date
product mix and sizing, Market
assessment, detailed survey and
investigations & infrastructure
gap assessment
3. Suggestive development plan & 30 days from approval/
its financial viability assessment comments from JMRC on

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along with DPSR feasibility report.

4. Preparation of Term Sheet 15 days after approval/
comments from JMRC on
DPSR
5. Draft RFP document 30 days from approval of
Term Sheet
6. Final RFP document 07 working days from receipt
of comments on the Draft
RFP/RFQ by JMRC
7. Submission of Bid Evaluation 07 days after opening of
Report (Technical & Financial) Bid(s)(Technical /financial).
8. Assistance to JMRC with regard Till signing of Contract
to signing of Contract(s) with the Agreement (s) & issue of
successful bidder(s) & issue of Notice to Proceed.
Notice to Proceed (NTP)
9. Assistance to JMRC in Till obtaining of occupation
monitoring contract compliance certificate by the developer.

Note : While the milestones for Serial No. 1 above will be combined for all
Metro Stations, the mile stones for subsequent deliverables shall be dealt
separately for each package/stations.

3.4 DURATION & VALIDITY OF CONTRACT

The contract shall begin immediately after signing the contract
agreement. The duration of contract shall initially be for 3 years
which shall be extended by JMRC on the request of agency upto the
scheduled period of occupancy certificate in the RFP(s) so floated. The
Performance Bank Guarantee (PBG) shall accordingly be extended for the
duration of 6 month after the scheduled date of occupancy certificate.

3.5 EXTENSION OF TIME

a. The Agency shall adhere to the time schedule given above. However,
JMRC reserves the right to extend and/or change the time schedule on
reasonable grounds.
b. Extension of time on Agency‟s request: The time for the execution of the
work shall be deemed to be the essence of the Agreement. If the Agency
fails to complete the work within the time schedule specified herein for

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reasons other than on JMRC‟s account, JMRC may, if satisfied that the
work can be completed by the Agency within a reasonably short time
thereafter, allow the Agency for an extension of time upon a written
request from the Agency. On such extension, JMRC will be entitled
without prejudice to any other right or remedy available on that behalf to
recover from the Agency, agreed damages, and not by way of penalty, a
sum of 0.5% of the total payable amount (i.e. the entire actual payable
amount in respect of the particular land parcel with regard to which the
delay has occurred) for each week of extension or part thereof. The total
recovery on account of the above shall be subject to a maximum of 10%
(ten percent) of the total payable amount (i.e. the entire actual payable
amount in respect of the particular Land Parcel with regard to which the
delay has occurred).
c. Extension of time due to delay on JMRC’s account: If the progress of
work is delayed at any time due to act or omission by JMRC, then the
Agency shall immediately give notice thereof in writing to JMRC
indicating the period for which the work is likely to be delayed, and shall
be bound to ask for necessary extension of time. JMRC on receipt of
such request shall consider the same and shall grant such extension of
time as is reasonable with regard to the nature and period of delay and
the time and quantum of work affected thereby. No compensation shall
be payable for works so carried forward to the extended period of time;
the same rates, terms and conditions of Agreement being applicable as if
such extended period was originally provided in the original Agreement
itself.
3.6 LIQUIDATED DAMAGES
a. Liquidated Damages for delay – In case of delay in execution of work as
per the specified time schedule (Clause 3.3), liquidated damages not
exceeding an amount equal to 1% of the total payable amount (i.e. the
entire actual payable amount in respect of the particular land space with
regard to which the delay has occurred), for each week of delay or part
thereof shall be recovered from the Agency unless prior extension of time
has been granted by the JMRC under Clause 3.4(c) above.
b. Total Liquidated Damages – The total liquidated damages on account of
the above shall be subject to a maximum of 10% (ten percent) of the total
payable amount (i.e. the entire actual payable amount in respect of the
particular land space with regard to which the delay has occurred).

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3.7 PROFESSIONAL FEE [Project Development Fee]

3.7.1 FIXED FEE:
Consultancy fees shall be paid for all activities related to survey & bid
process management. The payment of consultancy fee shall be made as
under:
S. No Mile stones / deliverables Percentage of Project
Development Fee Payable
to the Consultant for
respective land space

1. Submission of Inception Report 10%

2. Submission of Feasibility Report 20%
3. Detailed Project Structuring Report DSPR 10%
4. Submission of Term Sheet and draft RFP 10%
5. Submission of Final RFP Document(s) 10%
6. Submission of Technical Bid Evaluation 10%
Report
7. Submission of financial evaluation report. 10%
8. Issuance of Letter of Acceptance (LoA) to 10%
Selected Private Sector Developer &
signing of agreement
9. Contract compliance monitoring 10% (to be paid in
03 instalment
during the period
of monitoring)
10. Success fee (to be paid by the successful 1.5% of Upfront
bidder in response to LoA, before signing Lease premium
of contract) plus 1.5% of NPV
of annual lease as
per clause 3.7.2 of
this RFP
Note:
In case of non-occurrence of events at sr. no. 7 and/or8 and or 9, no
payment on respective part onwards shall be released by JMRC for Project
Development fee.

3.7.2 SUCCESS FEE

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The Agency shall be eligible for receipt of “Success Fee” @ 1.5% of the
upfront lease premium plus 1.5% NPV of annual minimum assured
payments / lease as revenue share payable by selected Lessee
/developer(s) of respective bidder. The discounting rate for calculating
NPV shall be @ 15%. Only the initial period of agreement between the
property developer(s) and the JMRC shall be taken into account for
calculation of NPV and any extendable period shall be ignored. The
Success Fee will be payable to the Agency by the selected property
developer(s) on signing of the development agreement(s) between the
selected property developer(s) and the JMRC including receipt by JMRC
of instalment of payment due immediately after or along with such
signing as per the development agreement(s).
3.8 APPROVALS AND PROGRESS REPORTS
The Agency shall apprise the JMRC at suitable intervals the progress of
the work, discuss the various technical aspects involved in the study,
attend meetings related with the Project and subsequently draw minutes
and make presentations at various forums as and when required. The
Agency shall discuss and seek approval to various aspects of the study
before submission of reports and deliverables.
3.9 TERMINATION OF CONTRACT AGREEMENT
a) JMRC reserves the right to terminate the contract at any time should,
in JMRC‟s opinion, the cessation of work become necessary due to any
reason whatsoever, in which case the value of the work done to date by
the Agency will be paid for in full at the rates specified in the
Agreement. Notice in writing from JMRC of such termination and the
reasons thereof shall be conclusive evidence of termination.
b) The JMRC may, by not less than thirty (30) days‟ written notice
of termination to the Agency, terminate the Contract Agreement if the
Agency fails to remedy any breach hereof or any failure in the
performance of its obligations as specified in the Scope of Work, and
fails to deliver the work as per the prescribed Timelines and
Deliverables (Clause 3.3) to the satisfaction of the JMRC. This is
without prejudice to any penal action against the Agency which the
JMRC may initiate under Clause 3.10.
c) If any change/addition/deletion is made by the bidder in the RFP
document and if the same is detected at any stage even after the award

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of the Contract, full Earnest Money Deposit/Security Deposit will be

forfeited and the contract will be terminated at the risk and cost of the
selected agency.
d) The bidder will be bound by the details furnished by it to JMRC while
submitting the Bid or at any subsequent stage. In case any of such
documents furnished by it is found to be false at any stage, it would
deemed to be breach of terms of contract making it liable for legal
action besides immediate termination of contract.
e) In the event that the Selected Applicant does not commence the Work
by the stipulated date, the JMRC may, unless it consents to extension
of time for submission thereof, cancel the LOA and the next highest
ranking Applicant may be considered or Risk and Cost action may be
taken at its discretion. In such an event, the LOA or the Agreement, as
the case may be, may be terminated.
f) If the successful bidder is found to be in any conflict of interest during
any stage of the contract, JMRC shall retain the right to terminate the
contract to forfeit full of its deposits and also to initiate legal action.

3.10 RISK & COST

In the event of the Selected Applicant not signing the Contract Agreement
in the time specified for the purpose in this RFP, or the Agency not
commencing the Work within the specified time or JMRC terminating the
contract in whole or in part as mentioned in Clause 3.8, the Work may
be arranged by JMRC on such terms and in such manner as deemed
appropriate and the Agency shall be liable to JMRC for any cost incurred
on such Work by JMRC in excess of the cost as per the LOA.
3.11 PENALTY FOR FAILURE TO EXECUTE THE WORK AS PER
CONTRACT AGREEMENT
Irrespective of recovery of liquidated damages not amounting to penalty,
warning may be issued to the Agency for deficiencies on its part. In case
of significant deficiencies in execution of Work, other penal action as
found reasonable by the JMRC, including debarring for a specified period
may also be initiated as per RTPPR( Rajasthan Transparency & Public
Procurement Rules), as amended from time to time.
3.12 FORCE MAJEURE
a) In the event that either or both the Agency or the JMRC is / are

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prevented from discharging its/their obligation(s) under the contract

by reason of one or more of events such as restraint(s) of people by
Government, blockade(s), revolution(s) insurrection(s), mobilization(s),
strike(s), lock-out(s), civil commotion(s), riot(s), accident(s), war(s),
act(s) of God or other natural calamities or on account of any other
act(s) beyond the control of the parties, the time of the delivery shall be
extended by the period equal to the period of delay/constraints
occasioned by one or more of the aforesaid Force-Majeure conditions.
b) On the occurrence of any of the above Force-Majeure conditions, the
party concerned shall notify the other party in writing of such
occurrence(s) within fifteen days of Force-Majeure stating therein (i)
the date of occurrence(s) of Force-Majeure disability, (ii) nature of such
Force-Majeure disability.
c) In the event of the Force-Majeure condition(s), either party shall have
the option to terminate the contract with a notice atleast 15 days to
other party for the reason of any or all of the Force-Majeure
condition(s) notified as above. Further, the JMRC shall not be liable to
pay to the Agency, any compensation towards financial implications
arising due to Force Majeure.
3.13 ARBITRATION
i. In the event of dispute or difference arising between JMRC and the
consultant out of or in relation to this Agreement and so notified in
writing by either Party to the other (the “Dispute”), the same shall be
discussed in the first instance between the representatives of the
consultant and representatives of JMRC.
ii. If the dispute is not settled amicably, the matter shall be addressed by
the aggrieved party to the Authorized signatory of the other party
within 21 days of arising of such a claim. If the issue is not resolved
within 30 days of receipt of the claim by the respondent party, the
aggrieved party shall refer the claim for Arbitration to Managing
Director (MD) of JMRC within 10 days after the passage of this time.
The MD, JMRC would appoint the sole arbitrator in consultation with
the Agency. However, failing to any agreement on the appointment of
sole arbitrator, each party shall appoint one arbitrator and the two
appointed arbitrators shall appoint the third arbitrator who shall act
as presiding arbitrator. The decision of arbitrator(s) shall be final &
biding on both the parties. Arbitration proceedings will be assumed to

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have commenced from the day a written and valid demand for
arbitration is received by the MD, JMRC. The place of arbitration will
be Jaipur. The provisions of the Arbitration and Conciliation Act, 1996
shall apply and the language of arbitration shall be English.
iii. The courts at Jaipur shall have exclusive jurisdiction over all matters
arising out of this tender process or out of the Agreement pursuant to
it or out of any arbitration hereunder.
iv. It will be no bar that the Arbitrator appointed as aforesaid is or has
been an employee of the JMRC and the appointment of the Arbitrator
will not be challenged or be open to question in any Court of Law, on
this account.
3.14 FRAUD AND CORRUPT PRACTICES
i. The Applicants and their respective officers, employees, agents and
advisers shall observe the highest standard of ethics during the
Selection Process. Notwithstanding anything to the contrary contained
in this RFP, the JMRC shall reject a Bid 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 (collectively “Prohibited Practices”) in
the Selection Process. In such an event, the JMRC shall, without
prejudice to its any other rights or remedies, forfeit and appropriate
the Bid Security and the Performance Security, and may refund the
amount after deduction, mutually agreed genuine pre-estimated
compensation and damages payable to the JMRC for, inter alia, time,
cost and effort of the JMRC, in regard to the RFP, including
consideration and evaluation of such Applicant‟s Bid.
ii. Without prejudice to the rights of JMRC hereinabove and the rights
and remedies which the JMRC may have under the LOA or the
Agreement, if the Applicant or Agency, as the case may be, is found by
the JMRC to have directly or indirectly or through an agent, engaged
or indulged in any Prohibited Practice (as defined above) during the
Selection Process, or after the issue of the LOA or the execution of the
Agreement, such Applicant or Agency shall not be eligible to
participate in any tender or RFP issued by the JMRC during a period
of 2 (two) years from the date such Applicant or Agency, as the case
may be, is found by the JMRC to have directly or through an agent,

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engaged or indulged in any such Prohibited Practice.

iii. For the purposes of this, the following terms shall have the meaning
hereinafter respectively assigned to them:
a) “corrupt practice” means 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 this RFP;
b) “fraudulent practice” means a misrepresentation or omission of facts
or suppression of facts or disclosure of incomplete facts, in order to
influence the Bidding Process for this RFP;
c) “coercive practice” means impairing or harming, or threatening to
impair or harm, directly or indirectly, any person or property to
influence any person‟s participation or action in the Bidding Process
for this RFP;
d) “undesirable practice” means (i) establishing contact with any person
connected with or employed or engaged by the JMRC with the
objective of canvassing, lobbying or in any manner influencing or
attempting to influence the Bidding Process for this RFP; or (ii)
having a Conflict of Interest; and
e) “restrictive practice” 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 for this RFP.

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ANNEXURE - I

CHECK LIST

PART-A: TECHNICAL BID

SN Technical proposal will contain the following documents : Enclosed
1. This Check List, duly ticked & signed. (Annexure-I) Yes/No
2. Covering letter along with Declaration of acceptance of Yes/No
Terms & Conditions of the Request for Proposal (RFP),
GCC , duly filled & signed (Annexure–II)
3. All pages of RFP Document with corrigendum, addendum Yes/No
if any, duly signed and sealed by the Authorised
Signatory of the bidder Organisation on each page.
4. Power of Attorney or Board Resolution for signing the Bid Yes/No
(Annexure–III) as applicable.
5. Information about bidder (Annexure-IV) dully filled and Yes/No
signed.
6. Information about financial & managerial capacity of Yes/No
applicant duly filled and signed by authorised signatory
(Annexure–V) enclosing supporting documents.
7. Statement Giving Details of Technical capacity of the Yes/No
bidder duly filled & enclosing required supporting
documents (Annexure–VI)
8. Curriculum Vitae of the Consultants / Experts in the Yes/No
format Annexure-VII
9. Approach & methodology to be adopted by the bidder for Yes/No
execution of consultancy project (Annexure-VIII)
10. Scanned copy of Bid Security in prescribed form of DD Yes/No
/BC or Bank guarantee (Annexure-X)
11. Format of Bank Guarantee for Performance Security Yes/No
Deposit, duly signed (Annexure-XI)
12. Format of agreement duly signed on each page Yes/No
(Annexure-XII)
13. Registration Certificate of firm / Partnership deed / Yes/No
Certificate of incorporation etc. as per eligibility
requirement prescribed
14. Articles of Association & Memorandum of Association (If Yes/No

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SN Technical proposal will contain the following documents : Enclosed

applicable)
15. Copy of Income Tax Registration (PAN) Yes/No
16. Copy of GST Registration Yes/No
17. Scanned copy of Bid Document Cost, E-tender fee, in Yes/No
prescribed form

Part B : Financial Bid

18. Financial bid is to be uploaded in soft copy on e-proc

portal (Annexure-IX)

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ANNEXURE – II

COVERING LETTER FORMAT

(On Bidder‟s Letterhead, as part of Technical Bid)

To, Dated
Executive Director (Corp. Affairs)
Jaipur Metro Rail Corporation Limited,
2nd Floor, Wing-A, Admin Building,
Metro Depot, Bhrigu Path, Mansarovar, Jaipur- 302020

Sub : RFP for Selection of Consultant/ Transaction Advisor for Project

Structuring and Bid Process Management for Leasing of Land Spaces
adjacent/above Metro Stations of Phase-1A.

Ref : RFP No. F.1(R-86)/JMRC/DCA/Rev./2017-18/09 dated 13/08/2019

Dear Sir,
1. With reference to your RFP Document No. F.1(R-
86)/JMRC/DCA/Rev./2017-18/09 dated 13.08.2019, I/we, having
examined the RFP document & all relevant documents including GCC
document as available on JMRC website i.e.
http://transport.rajasthan.gov.in/jmrc and understood their contents,
hereby submit our Bid for Selection of Consultant/ Transaction
Advisor for Project Structuring and Bid Process Management for
Leasing of Land Spaces adjacent/above Metro Stations of Phase-1A.
The Bid is unconditional and unqualified.
2. I/We acknowledge the right of the JMRC to reject my/our Bid without
assigning any reason or otherwise and hereby waive my/our right to
challenge the same on any account whatsoever.
3. I/We certify that in the last three years, I/we have neither failed to
perform on any contract, as evidenced by imposition of a penalty by an
arbitral or judicial authority or a judicial pronouncement or arbitration
award against the Applicant, nor been expelled or debarred from any
project or contract by any public authority nor have had any contract
terminated by any public authority for breach on my/our part.
4. I/We agree to keep this offer valid for 90 (Ninety) days from the BDD
specified in the RFP.
5. I/We have studied RFP and all other documents carefully. We
understand that except to the extent as expressly set forth in the

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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 concerning or relating to the Selection
Process including the award of Work.
6. The Financial Bid is being uploaded in Excel file in specified format
separately cover. This Technical Bid (including the duly signed RFP
document) read with the Financial Bid shall constitute the Bid, which
shall be binding on us.
7. I/We agree and undertake to abide by all the terms and conditions of the
RFP Document.

I/ we submit this Bid under and in accordance with the terms of the RFP
document.

Yours faithfully,

Date:
(Signature, name and designation of the Authorised Signatory)
Place:
Name and seal of the Applicant

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ANNEXURE-III

STANDARD FORMAT FOR POWER OF ATTORNEY FOR SIGNING THE BID

(On Non - judicial stamp paper of amount as per Govt. of Rajasthan rules)

POWER OF ATTORNEY FOR SIGNING THE BID

Know all men by these presents, we, .........................................(name of Firm

and address of the office) do hereby constitute, nominate, appoint and
authorize Mr / Ms........................................ son/daughter/spouse of
Shri/Smt. ........................................ and presently residing at
........................................, who is presently employed with/ retained by us and
holding the position of ...................., as our true and lawful attorney
(hereinafter referred to as the “Authorised Representative”) to do in our 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 Bid for and selection as
the Agency for RFP for Selection of Consultant/ Transaction Advisor for
Project Structuring and Bid Process Management for Leasing of Land
Spaces adjacent/above Metro Stations of Phase-1A , proposed to be
developed by Jaipur Metro Rail Corporation Limited (JMRC) including but not
limited to signing and submission of all applications, Bids and other
documents and writings, participating in pre-Bid meeting and providing
information/ responses to the Authority, representing us in all matters before
the Authority, signing and execution of all contracts and undertakings
consequent to acceptance of our Bid and generally dealing with the Authority
in all matters in connection with or relating to or arising out of our Bid for the
said Project and/or upon award thereof to us till the entering into of the
Agreement with the JMRC.

AND, we do hereby agree to ratify and confirm all acts, deeds and things
lawfully done or caused to be done by our said Authorized Representative
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 Authorised Representative
in exercise of the powers hereby conferred shall and shall always be deemed to
have been done by us.

IN WITNESS WHEREOF WE, .............. THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS .......... DAY OF ……..., 20**

For .......................................
(Signature, name, designation and address)

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Witnesses:
1.
2.
Accepted
........................................
(Signature, name, designation and address of the Attorney)
Notes:
a) 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.
b) Wherever required, the Applicant should submit for verification the
extract of the charter documents and other documents such as a
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.
c) Alternatively, a Board Resolution authorising the Signatory to sign the
bid on behalf of the company can also be submitted.
d) Any change in the authorised representative shall immediately be
notified.

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ANNEXURE-IV

INFORMATION ABOUT BIDDER

1 Name of Bidder
2 Ownership
3 Contact Address

4 Name of the authorised Contact

Person
5 Contact Number
6 Email Address
7 Date and Year of Incorporation
Number of years of experience in
8 consultancy services in India

9 Number of permanent employees

Any other important information

10 about the organization

Note:
The following documents needs to be attached with this Exhibit:
1. In case of a Partnership Firm, notarized copy of the Registered
Partnership Deed
2. In case of Sole Proprietorship, a proof of GST Registration
number/PAN/TAN
3. In case of Limited Company, a certified copy of the Memorandum and
Articles of Association and Certificate of Incorporation.

Undertaking

I/We hereby certify that our organisation/firm has neither been black listed or
debarred for any period nor our contracts have been terminated /foreclosed
due to non-fulfilment of contractual obligations by any company /Govt.
departments/Public Sector organisation during last three financial years
ending 31/03/2019 and during current financial year till date of bid
submission.

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Date
Signature of Applicant
Place
Name & Seal of Authorised Representative

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ANNEXURE-V
STATEMENT OF MANAGERIAL & FINANCIAL CAPACITY
1. Date of incorporation : _______________________
2. Date of commencement of operations in India : ______________
3. Details of annual receipt of consultancy fees turnover :

S. No. Financial Year Annual Receipt of

consultancy fee (Rs. In Lacs)

1 Year 2016-17
2 Year 2017-18
3 Year 2018-19
Average consultancy fee for above three Financial Years

Note: Attach proof of receipt of consultancy fees duly signed by a practising

Charted Accounted.
4. Details of consultants/ experts :
S. No. Position Qualification No. of years’ Details of
experience experience

(i) PPP Expert

(ii) Real Estate / Infrastructure
Expert
(iii) Finance Analyst
(iv) Architect/urban planner
(v) Legal Expert
(vi) Associate (1)
(vii) Associate (2)

(Supporting documents for above to be attached)

Date Signature
Place Name
Designation
Seal of Authorised Signatory (bidder)

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ANNEXURE-VI

INFORMATION FOR TECHNICAL COMPETANCY

1. Details of consultancy projects in hand or completed during last 7 years:

S. Project Project Status

Name of Project Client Name
No. Cost (Ongoing/ Completed )

2. Details of completed project in last 5 years related to Real estate /land

development or PPP consultancy services out of above:

Cumulative
S. No. Name of Project Client Name area Project Completed
(In Acres)

3. Details of completed project related to Airport, Indian Railway, Metro Rail

Corporation, State transport corporation for Govt. Organisations with
project value:

S. No. Name of Project Client Name Project Cost Project Completed

Note:

1. In support of the information, self attested copy of completion

certificates/ copy of work order shall be submitted by the Applicants.
2. The specific details of the nature of works (consultancy provided for) must
be given.

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ANNEXURE-VII

FORMAT OF CURRICULUM VITAE (CV)

(For the consultant/expert as per Annexure-V (4))

Proposed Position:

Name of Firm:

Name of Staff:

Profession:

Date of Birth:

Years with Firm/Entity: Nationality:

Membership in Professional Societies:

Detailed Tasks Assigned:

Key Qualifications:

[Give an outline of staff member‟s experience and training most pertinent to

tasks on assignment. Describe degree of responsibility held by staff member
on relevant previous assignments and give dates and locations. Use about half
a page.]

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Education:

[Summarize college/university and other specialized education of staff member,

giving names of schools, dates attended, and degrees obtained. Use about one
quarter of a page.]

Employment Record:

[Starting with present position, list in reverse order every employment held. List
all positions held by staff member since graduation, giving dates, names of
employing organizations, titles of positions held, and locations of assignments.
For experience details, kindly provide types of activities performed and client
references, where appropriate. Use about two pages.]

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, these
data correctly describe me, my qualifications, and my experience.

Date:
[Signature of staff member and authorized representative of the Firm]
Day/Month/Year

Full name of staff member:______________________________________

Full name of authorized representative: ___________________________

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ANNEXURE-VIII

APPROACH AND METHODOLOGY

Indicate in detail the method covering the approach and methodology proposed
for carrying out the work, including such detailed information as is deemed
relevant. The Applicant should indicate all tasks proposed to be carried out in
detail (i.e., Work Plan). During the process of technical evaluation, JMRC may
seek presentation on this approach & methodology submitted by the bidder
and accordingly award the marks.

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ANNEXURE-IX

FORMAT OF FINANCIAL BID / BOQ

Terms and Conditions:

1. The Project Development Fee quoted above is/are after taking into consideration all the
terms and conditions stated in the RFP and all the conditions that may affect the bid.
2. GST shall be extra, as applicable.
3. Success fees shall be payable extra on success of respective tenders/RFP as per the
provisions of this RFP [Clause 3.7.2].

Date Signature
Place Name
Designation
Seal of Authorised Signatory

Note: This sheet is to be signed blank and no rate should be quoted here. The rates are to be
quoted in downloaded BOQ sheet (soft copy) only. The bid will be summarily rejected in
case rates are disclosed in technical bid.

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ANNEXURE-X

FORMAT OF BANK GUARANTEE FOR BID SECURITY

(Refer to clause 2.6)
(To be submitted by the bidder along with technical bid)
To,
Managing Director,
Jaipur Metro Rail Corporation Limited (JMRCL),
2nd Floor, Admin Building, Metro Depot,
Bhrigu Path, Mansarovar, Jaipur-302020 (Raj).

Sir,
In accordance with your RFP for “Selection of Consultant/ Transaction
Advisor for Project Structuring and Bid Process Management for Leasing
of Land Spaces adjacent/above Metro Stations of Phase-1A (RFP No. F.1(R-
86)/JMRC/DCA/Rev./2017-18/09 Dated: 13/08/2019) M/s. ........................
(Name & full address of the firm) (herein after called the “bidder”) intends to
submit a Bank Guarantee to participate in the said tender as mentioned in the
RFP document.
It is a condition in the RFP document that the bidder has to deposit Earnest
Money amounting to Rs. ___________ (Rupees ____________ Only) in respect to
the tender, with Jaipur Metro Rail Corporation, Jaipur (hereinafter referred to
as “JMRC”) by a Bank Guarantee from a Scheduled Bank having its branch at
Jaipur irrevocable and operative till 30 days after the bid validity date (i.e. 210
days from the last date of bid submission). It may be extended if required in
concurrence with the bid validity.
And whereas the bidder desires to furnish a Bank Guarantee for a sum
Rs.___________(Rupees_________________________ only) to the JMRC as earnest
money deposit.
And whereas the bidder has approached the .....................................................
(Bank) for such purpose.
2. Now, therefore, we the ……………………………….…… (Bank), a body
corporate constituted under the Banking Companies (Acquisition and
Transfer of Undertaking) Act. 1969 (delete, if not applicable) and branch

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Office at…………………... (Hereinafter referred to as the Guarantor) do

hereby undertake and agree to pay forthwith on demand in writing by
the JMRC of the said guaranteed amount without any demur, reservation
or recourse.
3. We, the aforesaid bank, further agree that the JMRC shall be the sole
judge of as to whether the bidder has committed any breach or breaches
of any of the terms costs, charges and expenses caused to or suffered by
or that may be caused to or suffered by the JMRC on account thereof to
the extent of the Earnest Money required to be deposited by the bidder in
respect of the said RFP Document and the decision of the JMRC that the
bidder has committed such breach or breaches and as to the amount or
amounts of loss, damage, costs, charges and expenses caused to or
suffered by or that may be caused to or suffered by the JMRC shall be
final and binding on us.
4. We, the said Bank further agree that the Guarantee herein contained
shall remain in full force and effect until it is released by the JMRC and
it is further declared that it shall not be necessary for the JMRC to
proceed against the bidder before proceeding against the Bank and the
Guarantee herein contained shall be invoked against the Bank,
notwithstanding any security which the JMRC may have obtained or
shall be obtained from the bidder at any time when proceedings are
taken against the Bank for whatever amount that may be outstanding or
unrealized under the Guarantee.
5. Any notice by way of demand or otherwise hereunder may be sent by
special courier, telex, fax, registered post or other electronic media to our
address, as aforesaid and if sent by post, it shall be deemed to have been
given to us after the expiry of 48 hours when the same has been posted.
6. If it is necessary to extend this guarantee on account of any reason
whatsoever, we undertake to extend the period of this guarantee on the
request of our constituent under intimation to you.
7. The right of the JMRC to recover the said amount of Rs._________/-
(Rupees____________ only) from us in manner aforesaid will not be
precluded/ affected, even if, disputes have been raised by the said M/s.
……….………………(bidder)and/ or dispute or disputes are pending before
any court, authority, officer, tribunal, arbitrator(s) etc..

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8. Notwithstanding anything stated above, our liability under this

guarantee shall be restricted to Rs._________/- (Rupees
__________________________ only) and our guarantee shall remain in force
till 30 days of the bid validity period i.e. 210 days from the last date of
bid submission and unless a demand or claim under the guarantee is
made on us in writing within three months after the Bid validity date, all
your rights under the guarantee shall be forfeited and we shall be
relieved and discharged from all liability there under.
9. This guarantee shall be governed by and construed in accordance with
the Indian Laws and we hereby submit to the exclusive jurisdiction of
courts of Law in India at Jaipur, for the purpose of any suit or action or
other proceedings arising out of this guarantee or the subject matter
hereof brought by bidder may not be enforced in or by such count.
10. We hereby confirm that we have the power/s to issue this Guarantee in
your favour under the Memorandum and Articles of Association/
Constitution of our bank and the undersigned is/are the recipient of
authority by express delegation of power/s and has/have full power/s to
execute this guarantee under the Power of Attorney issued by the bank
in your favour.

Place: ……………………………
Date: ………………………….... (Signature of the Bank Officer)
Rubber stamp of the bank

Authorized Power of Attorney Number: …………………

Name of the Bank officer: ……………..…………………..
Designation: …………………………..……………………...
Complete Postal address of Bank: …..…………………..
Telephone Numbers: …………………..……………………
Fax numbers: …………………………..…………………….

Note:
1. This guarantee should be issued on non-judicial stamp paper, stamped
in accordance with the Stamps Act.
2. The stamp papers of appropriate value shall be purchased in the name of
the Bidder.

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3. Bank should separately send through registered post/courier a certified

copy of Bank Guarantee, mentioning Bid reference, Bid title and bidder
name, directly to JMRC at the following address:

Director Corporate Affairs

Jaipur Metro Rail Corporation Ltd.
2nd Floor, A-Wing, Admin Building,
Bhrigu Path, Mansarovar, Jaipur-302020.

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ANNEXURE-XI

FORMAT OF BANK GUARANTEE

(For Performance Security Deposit if provided in the form of BG)

To

Managing Director,
Jaipur Metro Rail Corporation Limited (JMRCL),
2nd Floor, Admin Building, Metro Depot,
Bhrigu Path, Mansarovar, Jaipur-302020 (Raj).

1. In consideration of ________________, Jaipur Metro Rail Corporation

Limited (JMRCL) (hereinafter referred as the “JMRC”, which expression
shall, unless repugnant to the context or meaning thereof, include its
successors, administrators and assigns) having awarded to M/s
……………….., having its office at ……………….. (hereinafter referred as
the “Agency” which expression shall, unless repugnant to the context or
meaning thereof, include its successors, administrators, executors and
assigns), vide the JMRC‟s Agreement no. ………………. dated
……………….. valued at Rs. ……………….. (Rupees ………………..),
(hereinafter referred to as the “Agreement”) a consultancy services for
Selection of Consultant/ Transaction Advisor for Project Structuring
and Bid Process Management for Leasing of Land Spaces
adjacent/above Metro Stations of Phase-1A, and the Agency having
agreed to furnish a Bank Guarantee amounting to Rs.………………..
(Rupees ………………..) to the JMRC for performance of the said
Agreement.
2. We, ……………….. (hereinafter referred to as the “Bank”) at the request of
the Agency do hereby undertake to pay to the JMRC an amount not
exceeding Rs. ………………… (Rupees ………………….) against any loss or
damage caused to or suffered or would be caused to or suffered by the
JMRC by reason of any breach by the said Agency of any of the terms or
conditions contained in the said Agreement.
3. We, ………………..(indicate the name of the Bank) do hereby undertake to
pay the amounts due and payable under this Guarantee without any
demur, merely on a demand from the JMRC stating that the
amount/claimed is due by way of loss or damage caused to or would be

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 RFP FOR CONSULTANT / TRANSACTION ADVISOR FOR PROJECT STRUCTURING AND BID PROCESS MANAGEMENT 2019

caused to or suffered by the JMRC by reason of breach by the said

Agency of any of the terms or conditions contained in the said Agreement
or by reason of the Agency‟s failure to perform the said Agreement. Any
such demand made on the bank shall be conclusive as regards the
amount due and payable by the Bank under this Guarantee. However,
our liability under this Guarantee shall be restricted to an amount not
exceeding Rs. ……………….. (Rupees …………………..).

4. We, ……………….. (indicate the name of Bank) undertake to pay to the

JMRC any money so demanded notwithstanding any dispute or disputes
raised by the Agency in any suit or proceeding pending before any court
or tribunal relating thereto, our liability under this present being
absolute and unequivocal. The payment so made by us under this bond
shall be a valid discharge of our liability for payment there under and the
Agency shall have no claim against us for making such payment.
5. We, ………………..(indicate the name of Bank) further agree that the
Guarantee herein contained shall remain in full force and effect during
the period that would be taken for the performance of the said Agreement
and that it shall continue to be enforceable till all the dues of the JMRC
under or by virtue of the said Agreement have been fully paid and its
claims satisfied or discharged or till the JMRC certifies that the terms
and conditions of the said Agreement have been fully and properly
carried out by the said Agency and accordingly discharges this
Guarantee. Unless a demand or claim under this Guarantee is made on
us in writing on or before a period of one year from the validity date of
this Guarantee, we shall be discharged from all liability under this
Guarantee thereafter.
6. We, …………………(indicate the name of Bank) further agree with the
JMRC that the JMRC shall have the fullest liberty without our consent
and without affecting in any manner our obligations hereunder to vary
any of the terms and conditions of the said Agreement or to extend time
of performance by the said Agency from time to time or to postpone for
any time or from time to time any of the powers exercisable by the JMRC
against the said Agency and to forbear or enforce any of the terms and
conditions relating to the said Agreement and we shall not be relieved
from our liability by reason of any such variation, or extension being
granted to the said Agency or for any forbearance, act or omission on the
part of the JMRC or any indulgence by the JMRC to the said Agency or

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any such matter or thing whatsoever which under the law relating to
sureties would, but for this provision, have the effect of so relieving us.
7. This Guarantee will not be discharged due to the change in the
constitution of the Bank or the Agency(ies).
8. We, ……………….. (indicate the name of Bank) lastly undertake not to
revoke this Guarantee during its currency except with the previous
consent of the JMRC in writing.
9. For the avoidance of doubt, the Bank‟s liability under this Guarantee
shall be restricted to Rs. …… crores (Rupees …… crores) only. The Bank
shall be liable to pay the said amount or any part thereof only if the
JMRC serves a written claim on the Bank in accordance with paragraph
2 hereof, on or before ___________. [42 months from the date of issuance
of PBG]
Dated, the ………. day of ………. 20

For ..............................................................
(Name of Bank)
(Signature, name and designation of the authorised signatory)
Seal of the Bank:

NOTES:
(i) The Bank Guarantee should contain the name, designation and code
number of the officer(s) signing the Guarantee.
(ii) The address, telephone no. and other details of the Head Office of the
Bank as well as of issuing Branch should be mentioned on the covering
letter of issuing Branch.

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 RFP FOR CONSULTANT / TRANSACTION ADVISOR FOR PROJECT STRUCTURING AND BID PROCESS MANAGEMENT 2019

ANNEXURE-XII

FORMAT OF AGREEMENT

THIS AGREEMENT is made on this ______day of ______ two thousand

_______________ between Jaipur Metro Rail Corporation Limited (JMRC), a
Company incorporated under the provisions of the Companies Act, 1956,
having its registered corporate office at Admin Building, Bhrigu Path, Metro
Depot, Mansarovar Jaipur-302020, hereinafter called the “JMRC” of the one
part, represented by __________________________ (name and designation of
representing officer), JMRC, Jaipur, (which term shall, unless excluded by or
repugnant to the context, be deemed to include its heirs, representatives,
successors and assignors.)
And
_______________________________ (Name of the successful bidder) represented by
__________________________ (name and designation of representing officer) of the
other part, hereinafter called the “Consultant” (which term shall, unless
excluded by or repugnant to the context, be deemed to include its heirs,
representatives, successors and assignors.)
WHEREAS the JMRC is desirous to engage a Consultant/ Transaction Advisor
for Project Structuring and Bid Process Management for Leasing of land spaces
adjacent/above metro stations of phase-1A at Jaipur (Rajasthan), on the terms
& conditions mentioned hereunder and as mentioned in the RFP No. F.1(R-
86)/JMRC/DCA/Rev./2017-18/09 Dated : 13/08/2019 and has approached
the Consultant for the purpose;
AND WHEREAS the JMRC is agreeable to appoint the consultant/ transaction
advisor for that purpose;
NOW, THEREFORE, this indenture witnessed:
1. The following documents hereto shall be deemed to form an integral part
of this Agreement:
(i) Work order/ Notice to Proceed (NTP).
(ii) The Letter of Award (LOA) issued by the Corporation in favour of
the Consultant.
(iii) Addendum and/or Corrigendum to the RFP Document if issued by
the Corporation.

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(iv) The RFP Document in its entirety along with all its Annexures,
Appendices, etc.
(v) General Condition of Contract of JMRC.
In case of any conflict in the interpretation, the provision of documents
shall prevail in the order or their place in the list above.
2. The selected Bidder shall be responsible for providing project structuring
and bid process management services for leasing land spaces
adjacent/above Metro stations of phase-1A at Jaipur (Rajasthan) as per
the Term of Reference (ToR) mentioned in this RFP document and in
accordance with the provision of the agreement signed between JMRC
and the selected Bidder.
3. The selected Bidder shall ensure that all deliverables submitted to JMRC
within the timelines as mentioned in this RFP document. Selected Bidder
shall be subjected to liquidate damages mentioned in this RFP for the
delays caused in submission of deliverables.
4. JMRC shall make payment to the selected Bidder as per the payment
scheduled mentioned in this RFP document. GST and any other taxes, as
applicable shall be payable extra by JMRC to the Selected Bidder as per
the prevailing rate and rules. All payments to the Selected Bidder shall
be subjected to deduction of Tax Deducted at Source (TDS) and any other
applicable taxes.
5. That the Consultant has deposited Performance Security, amounting
Rs. ___________ (Rupees __________________________ only) by way of a
Demand Draft / Banker‟s Cheque / Bank Guarantee/ pledged FD vide
No.________________ Dated_____________ in favour of Jaipur Metro Rail
Corporation, Jaipur.
6. This contract shall be valid for the period of 03 years which may be
further extended as per provisions of this RFP document, by JMRC on
the request of agency, as per the prevailing situations and requirement.
7. Any party to the agreement may terminate this agreement by a written
notice of not less than 30 days. Further termination provisions &
procedures shall follow the relevant clause of this RFP, which shall be
final in this regard.
8. Any dispute arising out of or in connection with this agreement
(including a dispute regarding the existence, validity or termination of

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 RFP FOR CONSULTANT / TRANSACTION ADVISOR FOR PROJECT STRUCTURING AND BID PROCESS MANAGEMENT 2019

this Agreement) shall be exclusively fall under the court of law having
seat in Jaipur only.
9. Any dispute arising out of or in connection with this contract, including
any question regarding its existence, validity or termination, shall be
referred to and finally resolved by arbitration under the provisions of the
Arbitration and Conciliation Act, 1996, which Rules are deemed to be
incorporated by reference into this clause. The seat, or legal place, of
arbitration shall be Jaipur (Rajasthan). Selection of Arbitrator shall be
done as per provisions of this RFP.
10. That in the event of the Consultant committing any breach of the terms
& conditions of this RFP or agreement executed in pursuance to this
RFP, JMRC shall, without prejudice to other rights and remedies, be
entitled to forfeit the Security Deposit or any part thereof. In such an
event the Consultant shall pay in the same manner as stated above
such additional sum immediately as he may be called upon by JMRC to
pay, so that the Security Deposit shall at all times during the
continuance of this agreement, be for the same amount. On the
expiration or earlier termination / of the Agreement, the JMRC shall
return the Security Deposit, to the Consultant, without interest.
11. That the Consultant shall equip himself with all necessary permits,
licenses and such other permissions as may be required under the law in
force at any time with regard to the operation of the subject Lease.
12. That the JMRC shall not be responsible for any loss or damage caused to
the Consultant on any accounts whatsoever.
13. The RFP document issued by JMRC and submitted by selected Bidder
along with its Bid shall form essential part of this Agreement.
In witness whereof, the Parties hereto have caused this Agreement to be signed
in their respective names as of the day and year first above written.

Authorised Signatory Authorised Signatory

For Jaipur Metro Rail Corporation Ltd. For ________________(Consultant )
Witness:
a) Name and Address
b) Name and Address

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 RFP FOR CONSULTANT / TRANSACTION ADVISOR FOR PROJECT STRUCTURING AND BID PROCESS MANAGEMENT 2019

Note: This agreement should be executed on non-judicial stamped paper,

stamped in accordance with the stamp act of GoR.

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