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Revised RFP for Lease Cum Development of Tourism Properties ...

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<strong>Development</strong> <strong>of</strong> <strong>Tourism</strong> <strong>Properties</strong>, Uttar Pradesh<br />

1. Submit the certificate <strong>of</strong> incorporation, Memorandum <strong>of</strong><br />

Association (MoA) and Articles <strong>of</strong> Association (AoA).<br />

2. Annual Report <strong>of</strong> the Company (last 3 years i.e. Years 2008-09,<br />

2009-10, 2010-11).<br />

In case <strong>of</strong> Consortium the above document shall be submitted <strong>for</strong> each<br />

member <strong>of</strong> the Consortium.<br />

b. Financial Criteria: The Bidder shall have a Net Worth (the “Financial<br />

Capacity”) as indicated in Annexure-2, <strong>for</strong> the latest financial year<br />

preceding the Bid Due Date (i.e. as on 31 st March 2011).<br />

The bidder can bid <strong>for</strong> more than one Unit / Cluster or <strong>for</strong> all the 68<br />

Units (as listed in Annexure-1) however, the final selection <strong>of</strong> the<br />

Successful Bidder (Developer) would be limited to the number <strong>of</strong><br />

Units/Clusters that is deemed eligible as per the financial eligibility<br />

criteria as mentioned in Annexure-2. In case the bidder is found suitable<br />

<strong>for</strong> more Units / Clusters than it is eligible (based on the financial<br />

eligibility criteria), the Units / Clusters in which the bidder is successful<br />

will depend on the order <strong>of</strong> preference as mentioned by the bidder in<br />

Annexure-A1 which is to be submitted along with the Technical Bid.<br />

In case <strong>of</strong> a Consortium, the Lead Member <strong>of</strong> the Consortium should<br />

satisfy at least 51% (fifty one percent) <strong>of</strong> the above financial criteria.<br />

3.2.2 (A) Where the Bidder is a single company, it may be required to <strong>for</strong>m an<br />

appropriate Special Purpose Vehicle, incorporated under the Indian Companies<br />

Act, 1956 (the “SPV”), to execute the Agreement and implement the Project. The<br />

equity share holding <strong>of</strong> the Bidder in the issued and paid up equity share capital <strong>of</strong><br />

the SPV shall not be less than (i) 100% (hundred per cent) till the successful<br />

completion <strong>of</strong> the <strong>Development</strong> Obligations or a period <strong>of</strong> 5 (five) years from the<br />

date <strong>of</strong> signing <strong>of</strong> the Agreement (“the Appointed Date”) [whichever is later] and<br />

51% (fifty one percent) thereafter till the end <strong>of</strong> the <strong>Lease</strong> Period.<br />

3.2.2 (B) In case the Bidder is a Consortium, it shall, in addition to <strong>for</strong>ming an SPV,<br />

comply with the following additional requirements:<br />

a. Number <strong>of</strong> members in a consortium shall not exceed 3 (Three)<br />

b. the Bid should contain the in<strong>for</strong>mation <strong>for</strong> each member <strong>of</strong> the Consortium;<br />

c. members <strong>of</strong> the Consortium shall nominate one member as the Lead<br />

member (the “Lead Member”), who shall have an equity share holding <strong>of</strong><br />

at least 51% (Fifty one per cent) <strong>of</strong> the paid up and subscribed equity <strong>of</strong> the<br />

SPV. The nomination(s) shall be supported by a Power <strong>of</strong> Attorney, signed<br />

by all the other members <strong>of</strong> the Consortium;<br />

(i)<br />

It is mandatory that the Lead Member <strong>of</strong> the Consortium shall<br />

maintain a minimum equity component <strong>of</strong> at least 51% (fifty one<br />

percent) till the successful completion <strong>of</strong> the <strong>Development</strong><br />

Obligations or a period <strong>of</strong> 5 (five) years from the Appointed Date,<br />

Request <strong>for</strong> Proposal 10

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