1. Eligibility and qualification requirements of Bidder

   1. For determining the eligibility of Bidder the following shall apply:

      1  The Bidder may be a single entity or a group of entities (the “Consortium”), coming together to implement the Project. However, no Bidder applying individually or as a member of a Consortium, as the case may be, can be member of another Bidder. The term Bidder used herein would apply to both a single entity and a Consortium.
   2. Bidder may be a natural person, private entity, or any combination of them with a formal intent to enter into a Joint Bidding Agreement or under an existing agreement to form a Consortium. A Consortium shall be eligible for consideration subject to the conditions set out in Clause 2.1.15.
   3. A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified. In the event of disqualification, the bidder will be suspended for participation in the tendering process for the works of MoRTH/NHAI/NHIDCL/NHLML and works under other Centrally Sponsored Schemes, for a period of One Year from the bid due date of this work or the Authority shall be entitled to forfeit and appropriate an amount equivalent of 0.05% of the Estimated Project Cost mentioned in the RFP from the Performance Security / Bid Security, as the case may be, as mutually agreed genuine pre-estimated loss and damage likely to be suffered and incurred by the Authority and not by way of penalty for, inter alia, the time, cost and effort of the Authority, including consideration of such Bidder’s proposal (the “Damages”), without prejudice to any other right or remedy that may be available to the Authority under the Bidding Documents and/or the Concession Agreement or otherwise. Without limiting the generality of the above, a Bidder shall be deemed to have a Conflict of Interest affecting the Bidding Process, if:
   4. The Bidder, its Member or Associate (or any constituent thereof) and any other Bidder, its Member or any Associate thereof (or any constituent thereof) have common controlling shareholders or other ownership interest; provided that this disqualification shall not apply in cases where the direct or indirect shareholding of a Bidder, its Member or an Associate thereof (or any shareholder thereof having a shareholding of not more than 25% (twenty five percent) of the paid up and subscribed capital; of such Bidder, Member or Associate, as the case may be) in the other Bidder, its Member or Associate, is not more than 25% (Twenty five percent) of the subscribed and paid up equity share capital thereof; provided further that this disqualification shall not apply to any ownership by a bank, insurance company, pension fund or a public financial institution referred to in section 4A of the Companies Act,1956/2013.For the purposes of this Clause 2.2.1(c), indirect shareholding held through one or more intermediate persons shall be computed as follows: (aa) where any intermediary is controlled by a person through management control or otherwise, the entire shareholding held by such controlled intermediary in any other person (the “Subject Person”) shall be taken into account for computing the shareholding of such controlling person in the Subject Person; and(bb) subject always to sub-clause (aa) above, where a person does not exercise control over an intermediary, which has shareholding in the Subject Person, the computation of indirect shareholding of such person in the Subject Person shall be undertaken on a proportionate basis; provided, however, that no such shareholding shall be reckoned under this sub-clause(bb) if the shareholding of such person in the intermediary is less than 26% of the subscribed and paid up equity shareholding of such intermediary; or

      1. a constituent of such Bidder is also a constituent of another Bidder; or

      2. such Bidder, its Member or any Associate thereof receives or has received any direct or indirect subsidy, grant, concessional loan or subordinated debt from any other Bidder, its Member or Associate, or has provided any such subsidy, grant, concessional loan or subordinated debt to any other Bidder, its Member or any Associate thereof; or

      3. such Bidder has the same legal representative for purposes of this Bid as any other Bidder; or

      4. such Bidder, or any Associate thereof, has a relationship with another Bidder, or any Associate thereof, directly or through common third party/ parties, that puts either or both of them in a position to have access to each other’s’ information about, or to influence the Bid of either or each other; or

      5. such Bidder or any Associate thereof has participated as a consultant to the Authority in the preparation of any documents, design or technical specifications of the Project.

      6. Such Bidder or any Associate thereof has appointed any official of the Authority, Ministry of Road Transport & Highways, Technical Advisors of Authority for the Project, Legal Advisors of Authority for the Project, Financial Advisors of Authority for the Project, dealing with the Project, within a period of 1 years from the date of award of the Project to that Bidder.

Explanation:

In case a Bidder is a Consortium, then the term Bidder as used in this Clause 2.1.12, shall include each Member of such Consortium.

For purposes of this RFP, Associate means, in relation to the Bidder/Consortium Member, a person who controls, is controlled by, or is under the common control with such Bidder/Consortium Member (the “Associate”). As used in this definition, the expression “control” means, with respect to a person which is a company or corporation, the ownership, directly or indirectly, of more than 50% (fifty percent) of the voting shares of such person, and with respect to a person which is not a company or corporation, the power to direct the management and policies of such person by operation of law.

(d). A Bidder shall be liable for disqualification and suspension for participation in the tendering process for the works of MoRTH/NHAI/NHIDCL/NHLML and works under other Centrally Sponsored Schemes, for a period of One Year from the bid due date of this work if any legal, financial or technical adviser of the Authority in relation to the Project is engaged by the Bidder, its Members or any Associate thereof, as the case may be, in any manner for matters related to or incidental to such Project during the Bidding Process or subsequent to the (i) issue of the LOA or (ii) execution of the Concession Agreement. In the event any such adviser is engaged by the Selected Bidder or Concessionaire, as the case may be, after issue of the LOA or execution of the Concession Agreement for matters related or incidental to the Project, then notwithstanding anything to the contrary contained herein or in the LOA or the Concession Agreement and without prejudice to any other right or remedy of the Authority, including suspension of the Bidder for participation in the tendering process for the works of MoRTH/NHAI/NHIDCL/NHLML and works under other Centrally Sponsored Schemes, for a period of One Year from the bid due date of this work or the forfeiture and appropriation of the Performance Security, as the case may be, which the Authority may have thereunder or otherwise, the LOA or the Concession Agreement, as the case may be, shall be liable to be terminated without the Authority being liable in any manner whatsoever to the Selected Bidder or Concessionaire for the same. For the avoidance of doubt, this disqualification shall not apply where such adviser was engaged by the Bidder, its Member or Associate in the past but its assignment expired or was terminated 6 (six) months prior to the date of issue of RFP for the Project. Nor will this disqualification apply where such adviser is engaged after a period of 3(three) years from the date of commercial operation of the Project.

Notwithstanding anything to the contrary contained in sub-clause (c) (i) of Clause 2.2.1, a Bidder may, within 10 (ten) days after the Application Bid Due Date remove from its Consortium any Member who suffers from a Conflict of Interest. Such removal shall be deemed to cure the issue of Conflict of Interest towards any action against this as per stipulation of this RFP, but his financial bid shall not be opened.

Provided further, in case the Authority seeks information / clarification from a Bidder related to occurrence / non-occurrence of Conflict of Interest and the Bidders fails to provide such information within a reasonable time, the Authority shall disqualify the Bidders and entitled to suspend the bidder for participation in the tendering process for the works of MoRTH/NHAI/NHIDCL/NHLML and works under other Centrally Sponsored Schemes for a period of One Year from the bid due date of this work.

1. To be eligible for this RFP a Bidder shall fulfil the following conditions of eligibility:

(A.1) Technical Capacity: For demonstrating technical capacity and experience (the “Technical Capacity”), the Bidder shall, over the past 10 (ten) financial years preceding the Bid Due Date, have:

1. paid for, or received payments for, construction of Eligible Project(s); and/ or

2. paid for development of Eligible Project(s) in Category 1 and/or Category 2 specified in Clause 3.4.1; and/ or

3. collected and appropriated revenues from Eligible Project(s) in Category 1 and/or Category 2 specified in Clause 3.4.1,

Such that the sum total of the above, as further adjusted in accordance with clause 3.4.6, is more than Rs. 127.32 Crore (Rupees One Hundred Twenty Seven Crore and Thirty Two Lakh only) (the “Threshold Technical Capacity”).

(A.2) The Bidder shall also meet the criteria of experience of commissioning “Similar Projects” over the past 10 (ten) financial years preceding the Bid Due Date. Similar Projects is defined as under.

Similar Project of Cable Propelled Transit system shall satisfy both the criteria:

1. 1. use of equivalent or better technology prescribed for the Project under bidding, as given below;

1. ultimate design passenger carrying capacity of 500 PPHPD

(B) Financial Capacity: The Bidder shall have a minimum Net Worth (the “Financial Capacity”) of Rs. 19.10 Crore (Rupees Nineteen Crore and Ten Lakh only) at the close of the preceding financial year3.

In case a Bidder has issued any fresh paid up Share Capital during the current financial year, the same shall be permitted to be added to the Bidder’s Net Worth subject to the Statutory Auditor of the Bidder certifying to this effect.

In case of a Consortium, the combined technical capacity and financial capacity (net worth) of those Members, who have and shall continue to have an equity share of at least 26% (twenty six per cent) each in the SPV, should satisfy the above conditions of eligibility; provided that each such Member shall, for a period of 6 (six) months from the date of commercial operation of the Project, hold equity share capital not less than: (i) 26% (twenty six per cent) of the subscribed and paid up equity of the SPV; and (ii) 5% (five per cent) of the Total Project Cost specified in the Concession Agreement4.

Further a Bidder including any Consortium Member shall, in the last three financial years, shall have positive net cash accruals and have not been in the list of Non Performing Asset (NPA) and / or Corporate Debt Restructuring (CDR) and / or Strategic Debt Restructuring (SDR) and/or should not have any notice from National Company Law Tribunal (NCLT). The Bidder shall provide a certificate as per the format given at Appendix- IA Annexure IIIA.

Provided further that each member of the Consortium shall have a minimum Net Worth of 7.5% of Estimated Project Cost in the immediately preceding financial year§€.

1. In case where the Bidder(s) does not meet the criteria as specified under Clause 2.2.2.A.2, the Bidder shall ensure that the EPC contractor(s)/ OEM supplier for Electromechanical system meets the criteria as stated above with regard to Similar Project.

The successful bidder shall sign the agreement with OEM supplier (qualifying requisite qualifications as per RFP) post issuance of LoA but before signing of Agreement with the Authority.

For avoidance of doubt, there is no requirement of prior signing of agreement with OEM at the time of the bid submission.

The Bidder has to submit the requisite proofs of experience claimed, in the form of client certificate countersigned by concerned Government agencies / apostille, in case of foreign entity, for work experience of commissioning of the Similar Projects claimed by the EPC contractor(s) /OEM suppliers.

If the selected Bidder is unable to sign an OEM supplier within the defined timelines, the LoA will be considered null and void and the bid security will be forfeited if the bidder is not able to sign the agreement within 90 days.

Any change of EPC contractor(s)/ OEM supplier for Electromechanical system would with be prior written approval of the Authority. Authority shall grant such permission only if the substitute proposed is of the required technical capacity as applicable.

1. O&M Experience in Cable Propelled Transit system: The Bidder shall, by itself or, engage an experienced O&M contractor for operation and maintenance of the Project in conformity with the provisions of the concession agreement. Further the O&M contractor shall have O&M experience of a period of 5 (Five) Years or more. Necessary supporting document, in the form of an undertaking, shall be provided by the Bidder(s) at the time of submission of bid.

The Bidder shall also undertake to engage the Operation & Maintenance Contractor for operation and maintenance of entire Ropeway Project throughout the Concession Period.

1. The Bidders shall enclose with its bid, to be submitted as per the format at Appendix-IA, complete with its Annexes, the following:
   1. Certificate(s) from its statutory auditors5 or the concerned client(s) stating the payments made/ received or works commissioned, as the case may be, during the past 10 years in respect of the projects specified in paragraph 2.2.2 (A.1) above. In case a particular job/ contract has been jointly executed by the Bidder (as part of a Consortium), it should further support its claim for the share in work done for that particular job/ contract by producing a certificate from its statutory auditor or the client; and

2. Certificate(s) from its statutory auditors specifying the net worth of the Bidder, as at the close of the preceding financial year, and also specifying that the methodology adopted for calculating such net worth conforms to the provisions of this Clause 2.2.5 (ii). For the purposes of this RFP, net worth (the “Net Worth”) shall mean the aggregate value of the paid-up share capital and all reserves created out of the profits and securities premium account, after deducting the aggregate value of the accumulated loses, deferred expenditure and miscellaneous expenditure not written off, as per the audited balance sheet, but does not include reserves created out of revaluation of assets, write back of depreciation and amalgamation, profits on fair value measurement. Further, Statutory auditors shall ensure and certify that any disputed receivables, advances, other assets need to be excluded for Net Worth computation. While issuing the certificate Statutory Auditor shall also certify that certificate has been issued in compliance to this Clause 2.2.5 (ii) of RFP.