REQUEST FOR QUALIFICATION DOCUMENT

Request for Qualification

for

Cluster 1

Operation of Private Stage Carriage Services

in Delhi

February 26, 2008

For and On Behalf of

Commissioner of Transport Government of National Capital Territory of Delhi

IIssssuueedd bbyy

(A Joint Venture of Government of Delhi & IDFC Ltd.)

1st floor, Maharana Pratap Inter State Bus Terminus, Kashmere Gate, Delhi – 110006

Phone: +91-11-23860971, 23860968, 23860974; Fax: +91-11-23860966 E-mail: [email protected] Website: http://dimts.org

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Delhi Integrated Multi-Modal Transit System Ltd Request for Qualification Document

Operation of Private Stage Carriage Services in Delhi

February 2008 2

The information contained in this Request for Qualification (“RFQ”) document or subsequently provided to Applicant/s, whether verbally or in documentary form by or on behalf of the Government of National Capital Territory of Delhi (“GNCTD”), Delhi Integrated Multi-Modal Transit System Limited (“DIMTS”) or any of their representatives, employees or advisors (collectively referred to as “GNCTD Representatives”), is provided to Applicant(s) on the terms and conditions set out in this RFQ Document and any other terms and conditions subject to which such information is provided. This RFQ Document is not an agreement and is neither an offer nor an invitation by the GNCTD Representatives to any other party. The purpose of this RFQ Document is to provide interested parties with information to assist the formulation of their Application for Qualification (“AFQ”) pursuant to this RFQ Document. This RFQ Document includes statements, which reflect various assumptions and assessments arrived at by GNCTD and/ or DIMTS in relation to the Project. Such assumptions and statements, in this RFQ Document do not purport to contain all the information that each Applicant may require. This RFQ Document may not be appropriate for all persons, and it is not possible GNCTD Representatives to consider the investment objectives, financial situation and particular needs of each party who reads or uses this RFQ Document. The assumptions, assessments, information and statements contained in this RFQ Document may not be accurate, adequate and complete and each Applicant should conduct its own enquiries and analyses, and should check the accuracy, reliability and completeness of the assumptions, assessments, information and statements in this RFQ Document, and obtain independent advice from appropriate sources. GNCTD Representatives make no representation or warranty and shall incur no liability to any person, including any Applicant or Bidder, under any law, statute, rule or regulation or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages cost or expense which may arise from or be incurred or suffered on account of anything contained in this RFQ Document or otherwise, including the accuracy, reliability or completeness of the RFQ Document and any assessment, assumption or information contained therein or deemed to form part of this RFQ Document or arising in any way with qualification of Applicants for participation in the Bidding Process. The GNCTD Representatives may in their absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFQ Document.

D I S C L A I M E R



February 2008 3

A DVERTISEMENT



February 2008 4



February 2008 5

BRT : Bus Rapid Transit DCB : Delhi Cantonment Board DDA : Delhi Development Authority DIMTS : Delhi Integrated Multi Modal Transit System DMRC : Delhi Metro Rail Corporation DTC : Delhi Transport Corporation GNCTD : Government of National Capital Territory of Delhi IDFC : Infrastructure Development Finance Corporation INR : Indian National Rupee MoU : Memorandum of Understanding LRT : Light Rail Transit MCD : Municipal Corporation of Delhi NCT : National Capital Territory of Delhi NDMC : New Delhi Municipal Corporation NHAI : National Highways Authority of India PCU : Passenger Car Unit PWD : Public Works Department, Delhi RFP : Request for Proposal RTV : Rural Transport Vehicle RFQ : Request for Qualification

ABBREVIATIONS

ABBREVIATIONS

&

ACRONYMS



February 2008 6

Table of Contents

Section/ Reference

Description Page No.

- Cover Page 1- Disclaimer 2- Advertisement 3- Abbreviations & Acronyms 5- Table of Contents 61 Background 72 Scheme Overview 183 Introduction to Project 24

A General 244 Instructions to Applicants 26

A General 26B Preparation and Submission of Application 31C Evaluation of Application 34D Qualification and Notification 36

5 Criteria for Evaluation 376 Schedule of Bidding Process 42

Appendix 1: Format for Letter of Application 43 Appendix 2: Format for Power of Attorney for Signing of Application 44 Appendix 3: Format for Power of Attorney for Lead Member of Consortium 45 Appendix 4: Format for Details of Applicant 46 Appendix 5: Format for Financial Capability of the Applicant 48 Appendix 6: Format for Experience of the Applicant 49 Appendix 6A: Format for Permit Details 50 Appendix 6B: Guidelines for Providing Information Related to Experience 51 Appendix 7: Format for Affidavit Certifying that Entity / Director/s of Entity are not

Blacklisted 52 Appendix 8: Format for Memorandum of Understanding (MOU) 53 Appendix 9: Format for Undertaking by Type 3 Applicant 55 Appendix 10: Format for Undertaking by Type 2 Applicant 57 Annexure 1 Details of Cluster 1 58

T A B L E

O F

C O N T E N T S



February 2008 7

1. Background 1.1 Delhi

1.1.1 Delhi is emerging as one of the largest cities of the world and covers an area of

1,483 sq. kms. Delhi is located between 280 24‘ 17” and 280 53’ 00” North Latitude and 760 50’ 24” and 770 20‘ 37” East Longitude. Delhi shares its borders on the North, West and South with Haryana and on the East with Uttar Pradesh.

1.1.2 According to the 2001 Census of India, the population of Delhi was 13.8 million.

Master Plan of Delhi (MPD) - 2021 projects a total population of Delhi at about 18.2 million in year 2011 and 22.5 million in year 2021.

1.1.3 Delhi is witnessing high growth with rapid increase in population and the

surrounding urban settlements of Haryana and Uttar Pradesh are increasingly merging into Delhi, when seen in terms of business and human settlements, thereby making Delhi a very large urban agglomerate.

1.1.4 Delhi witnesses a steady in-bound immigration due to employment opportunities

available. In terms of participation rate (working population divided by total population and multiplied by 100) was 32.5 % and 32.72 % for the years 1991 and 2001 respectively. Participation rate is expected to be 38.1 % in the year 20211.

1.2 Delhi’s Transport System 1.2.1 The total road length in Delhi was 31,183 km in March 2006 and is of ring and

radial pattern. The road network is being developed and is maintained by NHAI, PWD, MCD, NDMC, DCB, and DDA.

1.2.2 The registered vehicles in Delhi have significantly increased over the years. The

national capital presently has about 48 lakh vehicles and the share of two wheelers is highest (about 65 percent) and it is also significant to note that about 30 percent of vehicles now in Delhi are cars and jeeps.

1.2.3 Buses have an integral and pre-eminent position in Delhi’s transport system. This

is evident in the last major travel survey conducted in Delhi in 2001, viz. the RITES Primary Survey in 2001. According to this, the 13.8 million residents of Delhi in 2001 generated 17.6 million trips every day, i.e., each resident made an average of 1.27 trips per day.

1 Source : Census of India and projection by Master Plan for Delhi 2021

S E C T I O N

1



February 2008 8

1.2.4 Out of this, 11.8 million, i.e., about 67.3 percent were vehicular trips and of these, 10.7 million, i.e., 91.1 percent were motorised. Public transport, viz., buses, auto-rickshaws, trains and other non-motorised modes such as rickshaws accounted for 7.9 million trips or 67.2 percent of the total vehicular trips. Buses, including chartered and school buses accounted for 70.6 million trips, i.e., 59.8 percent of the total vehicular trips, 65.6 percent of total motorised trips and 89 percent of total trips undertaken in public transport.

1.2.5 While these proportions are prior to the introduction of the DMRC, buses are still

likely to account for a majority of motorised trips, given that many DMRC passengers are former users of personal transport. The passenger carriage by DMRC is about 0.65 to 0.75 million passengers per day and buses carry about 7.0 million passengers per day, of which 1.7 million are on DTC buses and 5.5 million on private stage carriage buses.

1.2.6 Even though, the number of DTC buses (3,444) and private stage carriage buses

(3,849) are comparable, only a portion of the DTC buses provide city services. For example, in June 2007, only 2,631 buses of the 3,444 buses provided city services and of these an average of only 1,952 were on the road each day.

1.2.7 Buses have this large share of public transportation by virtue of their low usage

cost and extensive network, which comprises more than 600 routes with 17 terminals and approximately 5,000 bus stops.

1.2.8 At present, bus operations - stage carriage operations, in Delhi are provided by -

a) Private Stage Carriages (typically referred to as “Blueline services”, and b) DTC. It may be noted that DMRC, has recently introduced connector services to the Metro Rail. In addition, public transport services are being provided through operations of contract carriage (for point to point transport) and for/ by educational institutions. The number of permits for different class of vehicles is set out below.

Table 1.1: Number of Permits by Type

Type of Bus City (Nos) Interstate Contract Carriage 2,957 2,727 Light Contract Carriage 2,144 1,421 DTC (Stage Carriage) 3,106# 338 Private Stage Carriages (Blueline) 3,849 - DMRC and other mini buses 986$ - Buses of Educational Institutions 124* - RTVs 4,000 Total 17,166 4,486

# Includes 213 CNG buses plying in National Capital Region, $ Total number of vehicles envisaged is around 430. * Including 20 Light Passenger vehicles Source: State Transport Authority as on 25 October 2007 & DTC Operational Statistics



February 2008 9

1.2.9 DTC and Blueline services follow a uniform fare structure. Metro feeder services are using a different fare structure.

1.2.10 Besides the road network, Delhi is also served by a railway network comprising

services of Indian Railways and DMRC. The Indian Railway network has about 43 railway stations. There are four major stations (Old Delhi, New Delhi, Nizammudin and Sadar Bazar) catering to more than 0.1 million passengers per day as per revised Master Plan for Delhi MRTS 2001. There are eight radial Railway lines extending to its suburban areas spread over states of Uttar Pradesh and Haryana besides the Delhi Metropolitan. DMRC is operating three corridors of metro rail network and has plans for future expansion.

1.3 Delhi Transport System - Proposed Plans 1.3.1 Integrated Multi-modal Transit System (“IMTS”) project proposes development

of various modes such as the Bus Rapid Transit, Light rail, Monorail and Metro rail. The Project has 43 corridors in addition to the metro rail. IMTS project has been approved by the Cabinet of GNCTD for phased implementation by 2020. Details of the project is set out below in Table 1.2, Table 1.3 and Table 1.4.

Table 1.2

Integrated Multi-modal Transport Network Plans(in kms)

30 3587

1918 29 28 250 10

179

48 74

294

44

Phase 1 : Completion 2010 30 35 87 19

Phase 2 : Completion 2015 18 29 28 25

Phase 3 : Completion 2020 0 10 179

Total 48 74 294 44

Mono Rail LRT HCBS IRBT

1.3.2 The region wise and mode wise distribution of corridors is set out in the Table 1.3. It may be noted that the mode choice is tentative and the final choice will be based on techno-economic considerations, initial cost and life cycle cost of alternative modes applicable to a corridor.



February 2008 10

Table 1.3

Region Metro Rail

IRBT Mono Rail

LRT BRT Total No. of

Corridors

Total Length

km

North 2 1 1 - 7 11 198

Center - - 1 1 1 3 38

East - - 1 - 4 5 53

West 1 - - - 2 3 24

South West

1 - - - 7 8 61

South 1 - 5 3 9 105

Ring Roads

2 - - - 2 4 96

Total 6 2 3 6 26 43 575



February 2008 11

Table 1.4 Proposed Corridors for IMTS Network, Delhi

It may be noted that the Corridors indicated in this table are tentative and are being revised/ updated/ merged/ separated based on more detailed traffic / transportation studies.

Sr . No.

Corridor Length Type of Route

User Type

Section Load (PHPDT 2011-

2021)

*ROW (m)

Proposed System

Inter-change

(in Km) 2011 2021 Locations NORTH DELHI

1 Rithala-Barwala-Bawana

12 Radial Rural, North Delhi

12,000 30,000 32 Metro Puthkhurd, Barwala, Bawana

2 G.T.B. Nagar-Kamalpur-Hiranki-

Bakhtawarpur

15 Radial Rural, North

6,500 15,000 25-30 BRT GTBNagar, NH 1 Bypass,

Ibrahimpur

Delhi

3 Bakhtawarpur-Singhola- Narela


2,500 10,000 10 BRT (ROW is

to be increased)

Narela

Delhi

4 Shakti Nagar-Wazirpur-Budh

Vihar


9,000 20,000 22 Monorail Shakti Nagar,

Wazirpur Industrial

Area, Rohini West, Budh Vihar

Delhi

5 Budh Vihar-Kanjhawala


6,000 15,000 30 BRT Budh Vihar, Puth

Kalan, Rohini Sec 22, Karala,

Kanjhawala

6 Pulbangash – RML Hospital –

Cent. Sectt. – Dhaulakuan


17,000 20,000 25 LRT (Elevated/At Grade)

Pulbangash,

Jhandewalan, RML Hospital, Dhaula Kuan

Delhi

7 Pulbangash - Sabzi Mandi –

Narela


18,000 30,000 25-60 IRBT Pulbangash, Shakti Nagar,

Azadpur, SGT Ngr,

Khera



February 2008 12

Sr . No.


User Type


2021)

*ROW (m)

Proposed System

Inter-change

(in Km) 2011 2021 Locations Kalan,

Holambi Kalan, Narela

8 Sanoth-Khera Khurd

6 Feeder Rural, North Delhi

2,000 7,000 28 BRT Sanoth, Holambi Kalan, Khera Khurd,

9 Narela-Bawana-Najafgarh-Kakraula

36 Circular Rural, 6,000 20,000 30 Metro (ROW is

to be increased)

Narela, Bawana,

Kanjhawala, Ghevra, Najafgarh,

Kakrola

North and West

Delhi

10 Najafgarh-Ibrahimpur

33 Circular Rural, North

and West Delhi

8,000 15,000 30 BRT Najafgarh, Ranhola, Nangloi,

Puth Kalan,

Barwala, Khera Khurd,

Ibhrahimpur

11 Kanjhawala-Bawana

17 Circular Rural, North Delhi

1,000 5,000 12 BRT (ROW is

to be increased)

Kanjhawala, Bawana

12 Mundka-Puth Khurd

10 Circular Rural, North Delhi

4,000 8,000 10 BRT (ROW is

to be increased)

Mundka, Karala,

Puth Khurd

CENTRAL DELHI 13 Delhi

University-Shakti Nagar-Anand Parbat -Ajmeri Gate-

Delhi Gate - Red Fort-SPM Marg

– Pulbangash

17 Circular Central Delhi

13,000 20,000 25 Monorail Delhi University

, Shakti Nagar,

Jhandewala, N.D. Station, Delhi

Gate, Old Delhi Rly.

Stn., Pulbangas

h 14 Rajendra Nagar-

Pragati Maidan 8 Radial Urban,

Central Delhi

5,000 8,000 30 BRT Rajendra Place, RML

Hospital, Central

Secretariat



February 2008 13

Sr . No.


User Type


2021)

*ROW (m)

Proposed System

Inter-change

(in Km) 2011 2021 Locations , India Gate,

Pragati Maidan

EAST DELHI 15 Kondli-

Gokalpuri 14 Circular N-S

Corridor in East Delhi

8,000 12,000 26-35 BRT Kondli, Khichripur

, Karkardu

ma, Welcome, Seelampur

, Gokal Puri

(along the drain)

16 Nand Nagri-Yamuna

Marginal Bund-Wazirabad

11 Radial Urban, North of

East Delh

7,000 11,000 45 BRT Nand Nagri,

Gokalpuri, Yamuna Marginal

Bund 17 Kondli-Scope

Tower-Geeta Colony –Daryaganj

13 Circular Urban, South of

East Delhi

11,000 15,000 20 Monorail Kondli, Pandav Nagar, Scope Tower,

Delhi Gate 18 Shastri

Park(Metro Station-

Bhajanpura-Karawal Nagar via Band Road

7 Circular Urban, North of

East Delhi

7,000 10,000 20 BRT Shastri Park,

Bhajanpura

19 Ashram – Sarai Kale Khan-Ghazipur-

Dilshad Garden – Nand Nagri

18 Radial Urban, South to

East Delhi

9,000 12,000 40 BRT Ashram, Sarai Kale

Khan, Games Village, Pandav Nagar,

Khichripur, Anand Vihar ISBT,

Dilshad Garden,

Nand Nagri

WEST DELHI 20 Punjabi Bagh-

ESI-Ranhola (On the Najafgarh

Drain)

12 Radial Urban, West Delhi

6,000 11,000 45 BRT Punjabi Bagh (IRR), Meera Bagh



February 2008 14

Sr . No.


User Type


2021)

*ROW (m)

Proposed System

Inter-change

(in Km) 2011 2021 Locations (ORR), Ranhola

21 Mundka-Ghevra-Delhi Border

7 Radial Rural, West Delhi

9,000 15,000 60 Metro (Extensio

n)

Mundka, Ghevra

22 Ranhaula –Hospital -Shyam

Park

5 Feeder Urban, West Delhi

5,000 8,000 20 BRT Ranhaula, Gulabi Bagh

SOUTH DELHI 23 Badarpur-Qutub

Minar 11 Circular Urban,

South Delhi

14,000 22,000 32 LRT Badarpur, Dr.

Ambedkar Nagar, Qutub Minar,

(Elevated /At

Grade)

24 Qutub Minar-Vasant Kunj-IGI-Shahabad

Mohammadpur

17 Circular Urban, South Delhi

14,000 25,000 32 LRT Qutub Minar, Vasant Kunj,

Mahipalpur,

Shahabad Mohamma

d pur

(Elevated /

At-Grade

25 Badarpur-Tilak Bridge

19 Radial Urban, South to Central Delhi

16,000 25,000 50 IRBT Badarpur, Okhla

Industrial Phase II, Escorts, Ashram chowk, Pragti

Maidan, Tilak

Bridge 26 Vasant Kunj-

R.K. Puram Sec. 1 – Ashoka

Hotel - Central Secretariat

12 Radial Urban, South Delhi

14,000 20,000 30 LRT (Elevated/

Vasant Kunj

Sector D, Munirka,

Hyatt, Central

Secretariat

At Grade)

27 Mathura Road (Jamia) -Kalindi

Kunj

5 Feeder Urban, South Delhi

3,000 5,000 25 BRT Kalindi Kunj,

Escorts 28 Andheria Mod-

Mandi 9 Feeder Rural,

South Delhi

2,000 5,000 15 BRT (ROW to

be increased)

Andheria Mod

29 Andheria Mod-Fatehpur Beri

11 Feeder Rural, South Delhi

2,000 5,000 30 BRT Andheria Mod



February 2008 15

Sr . No.


User Type


2021)

*ROW (m)

Proposed System

Inter-change

(in Km) 2011 2021 Locations 30 Malviya Ngr –

Asiad Village- South Extn.,- JLN Stadium,

India Gate


12,000 20,000 30 LRT (Elevated/

Saket, Panchshee

l, South Extn.,

India Gate

At Grade)

31 Dhaula Kuan – Old Gurgaon

Road-Kapashera Border


10,000 21,000 50 LRT (Elevated/

Dhaula Kaun, NH 8, Nangal

Dairy, Kapashera

At Grade)

SOUTH WEST DELHI 32 Najafgarh-

Rajokari 14 Circular Rural,

South West Delhi

5,000 12,000 30 BRT Najafgarh, Kapashera

33 Najafgarh-Khaira

8 Radial Feeder

Rural, South West Delhi

5,000 12,000 15-20 BRT (ROW to

be increased)

Najafgarh

34 Najafgarh-Towards Gopal

Nagar

4 Radial Feeder

Rural, South West Delhi

3,000 5,000 15 BRT (ROW to

be increased)

Najafgarh

35 Palam Rly Stn.-Domestic

Airport –NH 8

4 Feeder Rural, South Delhi

3,000 5,000 30 BRT Palam, NH 8

36 NSIT – Dwarka – Dabri Mod

7 Feeder Urban, South West Delhi

3,500 5,000 35-60 BRT Dabri Mod, Sec 3 Dwarka

37 Shankaracharya Chowk-Palam

Airport

6 Feeder Urban, Cantt. Area

3,000 5,000 30 BRT Brar Square, Palam Airport

38 Chhawla-Dabri Mod (on the

Najafgarh Drain in Dwarka)

10 Feeder Urban, South West Delhi

3,000 5,000 30 BRT Dabri Mod, Sec

11 Dwarka,

Chhawala Camp

39 Dwarka Sec 6 to Shahabad

Mohammadpur

4 Circular Urban, South West Delhi

12,000 20,000 30 Extension of Metro Corridor

in Dwarka

Shahabad Mohamma

dpur

CIRCULAR CORRIDORS 40 Jahangir Puri-

Dhaula Kuan-Moolchand – Nehru Place-Kalindi Kunj

38 Circular Urban (IRR),

North to West to South Delhi

18,000 30,000 60 Metro Jahangirpuri,

Azadpur, Wazirpur Industrial

Area, Netaji



February 2008 16

Sr . No.


User Type


2021)

*ROW (m)

Proposed System

Inter-change

(in Km) 2011 2021 Locations Subash Place,

Shakarpur, Britannia,

Shivaji Park,

Punjabi Bagh, Raja

Garden, Mayapuri,

D.K., Hyatt,

AIIMS, Moolchand, Nehru

Place, Okhla Ph-2, Kalandi

Kunj41 Jahangirpuri-

Sagarpur (ORR) 18 Circular Urban,

North Delhi to

West Delhi

14,000 30,000 45 Metro Jahangirpuri, Sanajy Gandhi

Transport Nagar,

Pitampura, Mayapuri,

Ganesh Nagar,

Sagarpur 42 Jamia-Okhla-

Tilak Nagar (ORR)

20 Circular Urban, South to

West Delhi

12,000 20,000 35 BRT Okhla, N.P.,

Chirag Delhi, IIT, Munirka,

NH 8, Delhi Cantt, Tilak Nagar

43 Moolchand-Jahangirpuri

(Eastern part of Ring Road)

20 Circular Urban, South to

North Delhi

8,000 15,000 60 BRT Moolchand,

Ashram, Sarai Kale

Khan, Pragati Maidan, Nehru Vihar

* Based on Inventory survey by RITES in 2000 and reconnaissance Survey. The figure represents the ROW to the extent of about 80% of the corridor length



February 2008 17

1.4 Delhi Transport Corporation – Proposed Plans 1.4.1 To cater to growing demand of public bus services, about 11,000 stage carriage

buses are expected to be made operational over next two years in Delhi, including replacement of present buses being operated by DTC and private stage carriage operations. Out of this total number of 11,000 buses, DTC is expected to operate about 6,600 buses.

1.4.2 DTC is the largest operator of buses in Delhi with around 3,444 buses. DTC

proposes to procure additional buses and in all put in service about 6,600 buses within next 2 years time. The buses would be operating on existing and new routes. The bus fleet is expected to comprise a combination of low floor, semi low floor and standard floor buses.

1.4.3 As part of the aforementioned fleet of 6,600 buses, DTC also proposes to operate

about 1,000 air-conditioned buses serving the commuters.



February 2008 18

2. Scheme Overview 2.1 Definitions 2.1.1 In this RFQ Document, the following words and expressions shall, unless

repugnant to the context or meaning thereof and unless the document so specifically provides, have the meaning hereinafter respectively assigned to them:

“Applicant” shall mean the entities that submit their Application in response to

this RFQ Document. “Application for Qualification” shall mean an application in response to this

RFQ including the submission of all required forms, formats and other details as mentioned and required under this RFQ.

“Application Due Date” shall mean the time and date specified for submission of

Application for Qualification, more particularly detailed under clause 4.16 of this RFQ.

“Proposal” shall mean the documents received by GNCTD from a Qualified

Applicant in response to the RFP Document for the Project. “Bidding Process” shall refer collectively to the two-stage competitive bidding

process comprising of the Qualification Stage and the Proposal Stage. “Business Entity” shall mean either of the following:

(i) a company incorporated under the Companies Act, 1956, but excluding companies covered under section 617 of the Companies Act, 1956; or

(ii) an entity incorporated outside India under equivalent law. “Cluster” shall mean an identified cluster of Routes to be allocated to the

Successful Bidder for operation of Stage Carriage Services as set out in Annexure 1.

“Concession Agreement” shall mean the agreement to be entered into between

GNCTD, DIMTS and the Concessionaire for the Project. “Concessionaire” or “Operator” shall mean the Successful Bidder with whom

Concession Agreement is entered into for the Project. “Consortium” shall mean the combination of a maximum of five (5) entities

coming together for submission of an Application and as particularly described under clause 4.2.1 of this RFQ.

S E C T I O N

2



February 2008 19

“Contract Carriage” means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum- (a) on a time basis, whether or not with reference to any route or distance; or (b) from one point to another, and in either case, without stopping to pick up or

set down passengers not included in the contract anywhere during the journey, and includes- (i) a maxicab; and (ii) a motorcar notwithstanding separate fares are charged for its passengers

and where a Permit has been issued in terms of Section 74 of The Motor Vehicles Act, 1988

“DIMTS” shall mean Delhi Integrated Multi Modal Transit System Limited “GNCTD” shall mean the Government of National Capital Territory of Delhi. “Lead Member” shall mean the specific member of the Consortium duly

nominated by all other members of that Consortium and (i) who shall commit to hold an equity stake of at least 51% of the aggregate

shareholding in the SPC; and (ii) whose financial capability would be evaluated as an evaluation parameter

for qualification of the Consortium for the Proposal Stage.

“Operator” shall mean the entity with which GNCTD and DIMTS would enter into a Concession Agreement “Partnership Firm” shall mean a partnership firm as defined and registered under the Indian Partnership Act, 1932 or an entity incorporated outside India under equivalent law. “Permit” shall mean a permit issued by appropriate authority in terms of The Motor Vehicles Act, 1988 authorising the use of a motor vehicle as a public service vehicle and where “public service vehicle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage. “Project” shall mean the Stage Carriage Services to be provided by the Concessionaire under integrated management of DIMTS and through a Concession granted by GNCTD and as per the terms of the RFQ, RFP and Concession Agreement.

“Proposal Stage” shall mean the second stage of Bidding Process, which starts from the release of RFP Document and ends with the signing of the Concession Agreement for the Project.



February 2008 20

“Qualification Stage” refers to the first stage of the Bidding Process, which involves qualification of the Applicants for the second stage.

“Qualified Applicant” or “Bidder” shall mean the Applicant who has qualified

for the Proposal Stage.

“RFQ” or “RFQ Document” shall mean this Request for Qualification document, the Appendices and Annexures thereof and any amendments thereto made in accordance with the provisions contained in this document. “RFP Document” shall mean the Request for Proposal document issued to the Qualified Applicants.

"Route" shall mean a specific route used by a stage carriage bus. “Scheme” shall have the meaning ascribed thereto under clause 2.2.1 of this RFQ.

“Special Purpose Company” or “SPC” shall mean a public limited company, as

defined and incorporated under the Companies Act, 1956, required to be formed for the Project.

“Stage Carriage” means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or just reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey and where a Permit has been issued in terms of Section 72 of The Motor Vehicles Act, 1988.

“Stage Carriage Services” shall include the public transport services to be

provided by the Concessionaire in terms of the Concession Agreement. “Successful Bidder” shall mean the Bidder for award of the Project. 2.1.2 The terms and expressions, used in the capitalized form in this RFQ Document but

not defined, shall have the meaning respectively assigned to them under the RFP Document.

2.1.3 The terms, expressions, statements, stipulations and provisions of this RFQ

Document, RFP Document, are mutually explanatory of one another and in the event of any inconsistency the same shall be harmoniously construed.



February 2008 21

2.2 Brief Description of the Scheme 2.2.1 Of late, the existing private stage carriage (blue line) buses have not been able to

operate strictly in compliance with the stipulated permit conditions and Hon’ble Court’s order from time to time. Recent spate of accidents has invited considerable public concern and criticism over the manner, this service is generally operating. The Government of National Capital Territory of Delhi after very carefully examining the reasons for this has come to the conclusion that the operation of the buses through individual permits/ operators is not congenial for maintaining a efficient reliable and safe bus service. Further stage carriage fleet is to be augmented to 11,000 in view of orders of Hon’ble Courts.

2.2.2 Therefore, the Government of National Capital Territory of Delhi (GNCTD) has

decided to redefine the scope of private sector in existing public transport system to provide safe, secure, efficient, reliable, better quality, complaint with provisions of Motor Vehicles Act, 1988 and directions of Hon’ble Courts and properly coordinated public transport system through efficient management to the commuters and in the interest of road users of Delhi. With this objective Government of National Capital Territory of Delhi has decided to introduce a scheme for augmenting the bus fleet with private sector participation through entities as set out in para 4.2.1 of the RFQ. Accordingly bulk permits shall be granted to operate on an identified cluster. The overall fleet strength of private buses and DTC;s fleet in each cluster of routes will be approximately in the proportion of 40:60.

2.2.3 GNCTD has undertaken a program to establish an environmentally, socially and

financially sustainable network of public transport for Delhi and potentially (some) adjoining areas of the National Capital Region, to encourage commuters to shift to public transport system/s. One of the tasks to achieve the above mentioned program is to streamline the private bus operations. For this GNCTD has formulated a scheme that aims at operation of buses in Delhi to specified performance standards, with specific focus on safety, by private entities selected through a competitive bidding process under a suitable contractual structure (herein after referred to as the “Scheme”).

2.2.4 The Scheme is expected to cover all existing and potentially new routes in a

phased manner. To reduce competition of buses on roads, based on commonality of existing routes, routes are expected to be aggregated together in a Cluster and offered as a Project, based on following broad guidelines :

A Cluster may have a requirement of about 150 to 500 buses during peak

hour; Routes that have a substantial number of contiguous stages that are common

can be in the same Cluster ; and



February 2008 22

Such operation would be generally be in competition with stage carriage services of DTC under UTT, other services of DTC such as 110 University specials, 339 limited special services and other types of operators such as feeder services of DMRC.

2.2.5 All buses under the agreement would be operating under a common brand,

tentatively referred as “Delhi Transit”. The private entity may be allowed to co-brand the buses. In addition to the schedule services, the private operators will be able to offer premium services such as air-conditioned/ seating only services / or other variants on the routes within their Cluster.

2.2.6 A detailed time table (“Unified Time Table” or “UTT”), setting out time-slots for

operation of DTC buses and the Stage Carriage Services for the Cluster, shall be prepared and provided by GNCTD at the Proposal Stage. The Concessionaire shall be required to provide Stage Carriage Services based on UTT and shall have the right to directly collect on-board fares.

2.2.7 The Operator will also be required to meet Performance Standards, specified in

the Concession Agreement, failing which appropriate penalty would be levied for non- performance thereof. The Performance Standards could typically relate to: Service levels for the operations Specifications & Standards for the buses Performance of staff

2.2.8 Each Cluster may have more than one type of buses defined in terms of technical

specifications and features such as standard buses, semi-low floor buses or low-floor buses, based on the nature of the Route. In addition to pre-specified technical specifications, the buses are also expected to be equipped with certain specific equipment that may include:

Device/s to enable the tracking of buses by location on a frequent basis with a

high degree of accuracy, e.g., GPS (Global Positioning System) Device/s to communicate operational parameters on a continuous basis to a

control centre Device/s to validate off-board tickets Device/s to issue tickets that record the number of tickets issued and the time

and place of issue Devices to record the identity of staff in the bus viz. the driver and conductor

2.2.9 Fares may be collected through a variety of options like tickets, passes etc. An

integrated ticketing system valid across the network of Stage Carriage Services could also be introduced at a later date. Operators are expected to retain on- board fares (fare box collection). For off-board collection, a detailed mechanism for distribution shall be provided in the RFP Document.



February 2008 23

2.2.10 Wherever possible, DIMTS also proposes to generate additional sources of revenue such as from advertising rights on the buses. Revenue from passes, off-board revenue from various cards/ smart cards would be shared with operators of each Cluster based on pre-specified rules, to be set out in the agreements for each Cluster.



February 2008 24

3. Introduction to Project

A. General 3.1.1 DIMTS, now, invites Applications, for and on behalf of GNCTD, from suitable

investors and other interested parties for operation of buses to specified performance standards by private entities selected through a open, transparent and competitive bidding process under a suitable contractual structure for a maximum period of ten (10) years for the Cluster 1.

3.1.2 The Operator shall be required to comply with the provisions of the Motor

Vehicle Act, 1988, rules and Permit conditions made there under, other relevant statutes and directions of Hon’ble Courts issued from time to time.

3.1.3 Permit for operation of Stage Carriage is issued by the State Transport Authority

(“STA”), GNCTD for a maximum period of five (5) years only. To meet obligations under the Concession Agreement renewal of Permits may be required, for which purpose Operator shall be required to approach STA. DIMTS proposes to facilitate such process, in terms of the Concession Agreement.

3.1.4 The Operator would be required to mobilize finances, procure, develop necessary

infrastructure, and operate the Stage Carriage Services in Cluster 1 in accordance with the specifications set out and under other applicable laws/ bylaws governing such operations.

3.1.5 An agreement for development, operation, management, financing of the Project

(“Concession Agreement”) with development milestones and operations requirements/ specifications/ performance standards clearly set out is expected to be executed between GNCTD, DIMTS and the Successful Bidder. The draft Concession Agreement would also provide specific rights towards use of road infrastructure, bus stops, bus terminals for use by the selected bidder.

3.1.6 The draft Concession Agreement would be provided to the Qualified Applicants

as a part of RFP during the Proposal Stage. 3.2 Brief Description of Bidding Process

3.2.1 GNCTD intends to follow a 2-stage process for selection of operator for the

Project. The first stage of the process involves qualification of interested parties.

S E C T I O N

3



February 2008 25

3.2.2 During the Qualification stage, Applicants would be required to furnish the information as specified in this RFQ Document.

3.2.3 This RFQ Document deals with the first stage (“Qualification Stage”) and at the end of this stage, GNCTD expects to announce a shortlist of suitable Applicants (“Qualified Applicants”) for the next stage (“Proposal Stage”) who would then be invited to submit detailed Proposal for the Project in accordance with the RFP Document.

3.2.4 During the Proposal Stage, Qualified Applicants (“Bidders”) would be expected to examine the Project in further detail, and to carry out their due diligence as may be required to submit Proposal for the implementation of the Project.

3.2.5 Further details of the process, including the schedule of bidding process, to be followed at the Proposal Stage would be spelt out in the RFP Document and provided to Qualified Applicants.

3.3 Role of DIMTS 3.3.1 DIMTS , a joint venture of GNCTD and IDFC Ltd. , has been duly appointed and

authorised by GNCTD to act as integrated mechanism for project preparation work, management of bid process for selection of suitable operators and management of Concession Agreement.

3.3.2 Notwithstanding anything contained in this RFQ Document, DIMTS shall not, in

any manner whatsoever and by any person (whether natural or legal) whomsoever, be held responsible/liable for any loss, damages, cost, expense or alleged prejudice which may arise from or be incurred or suffered on account of anything done or caused to be done, in good faith and with reasonable diligence, during performance of any of its obligations for and on behalf of GNCTD.



February 2008 26

4. Instruction to Applicants

A. General 4.1 Scope of Application 4.1.1 DIMTS, for and on behalf of GNCTD, wishes to receive Applications for

Qualification to shortlist experienced and capable Applicants for the Proposal Stage.

4.1.2 Qualified Applicants would be subsequently invited to submit their Proposal in

respect of the Project. 4.2 Eligible Applicants 4.2.1 The Applicants eligible for participating at the Qualification Stage shall be any

one of the following:

Type 1: A Business Entity; or Type 2: A Co-operative Society of Scheduled Castes or Scheduled Tribes (SC

/ST) registered in Delhi under Delhi Co-operative Societies Act, 2003 on or before Application Due Date, where all members of such Co-operative society belong either to the scheduled castes and/ or the scheduled tribes; or

Type 3: A Business Entity promoted by stage carriage bus operators with

(a) the shareholders, holding a minimum of twenty-five (25) and a maximum of thirty-five (35) Permits issued by the State Transport Authority, Delhi valid on March 31, 2007; and

(b) where such shareholders commit to hold a minimum equity stake of 51% in the aggregate shareholding of the business entity to be formed under the Indian Companies Act, 1956; or

Type 4: A combination of a maximum of five (5) members, comprising one Lead

Member who is a Type 1/ Type 2 entity with other members who are Type 1/ Type 2/ Partnership Firm / registered Co-operative Society / individual entity and shall hereinafter be referred as "Consortium".

The Applicants under the category of Type 4, in the event of being declared the Successful Bidder, would be required to incorporate a Special Purpose Company as a public limited company in accordance with the provisions of the Indian Companies Act, 1956.

S E C T I O N

4



February 2008 27

Further, in the event of Type 2 Applicant being declared as the Successful Bidder for the Project, it would be required to amend its bye-laws in conformity with the bye-laws, as prescribed under section 11 of Delhi Co-operative Societies Act, 2003.

4.2.2 The Applicant should submit a Power of Attorney as per the format enclosed at Appendix 2, authorising the signatory of the Application to commit the Applicant.

4.2.3 Applications submitted by a Consortium should comply with the following

additional requirements:

(a) the number of members in the Consortium would be limited to five (5); (b) the Application should contain the information required from each member; (c) the Application should include a description of the roles and responsibilities

of all the members; (d) Members of the Consortium shall nominate one member as the Lead Member

and that member must be a Type 1/ Type 2 as defined in clause 4.2.1; (e) an Applicant who has applied for Project in its individual capacity or as part

of a Consortium cannot participate as a member of any other Consortium applying for the Project;

(f) the members of the Consortium shall execute a Power of Attorney for Lead Member of Consortium as per the format enclosed at Appendix 3; and

(g) the members of the Consortium shall enter into a Memorandum of Understanding (MoU), as per the format provided under Appendix 8 for the purpose of submission of the Application and subsequently the Proposal, in the event of being short-listed.

The MoU should, interalia, (i) convey the intent of the Lead Member to form a SPC with the

shareholding pattern as detailed under clause 5.4.2. Such SPC shall enter into the Concession Agreement and subsequently carry out all the responsibilities in terms of the Agreement/s;

(ii) clearly outline the proposed roles and responsibilities of each member of the Consortium;

(iii) include a statement to the effect that all members of the Consortium shall be liable jointly and severally for the Project in accordance with the terms of the Concession Agreement; and

(iv) clearly refer to the Project for which the arrangement is made.

A copy of the MoU signed by all members should be submitted with the Application. The MoU entered into between the members of the Consortium should be specific to the Project and should contain the above requirements, failing which the Application shall be considered non-responsive.



February 2008 28

4.2.4 An Applicant or member of Consortium which has earlier been barred by GNCTD or blacklisted by any state government or central government / department / agency in India from participating in Bidding Process shall not be eligible to submit an Application, either individually or as member of a Consortium, if such bar subsists as on the Application Due Date. The Applicant or the member of Consortium shall be required to furnish an affidavit that there is no such bar imposed and existing as on the Application Due Date as per format provided in Appendix 7.

4.2.5 Type 3 Applicant is required to submit a letter of undertaking in terms of format

set out in Appendix 9. 4.2.6 Type 2 Applicant is required to submit a letter of undertaking in terms of format

set out in Appendix 10.

4.3 Change in Consortium Composition 4.3.1 Any change in the composition of a Consortium shall not be permitted during the

Qualification Stage. 4.3.2 Any change in the composition of a Consortium may be permitted by GNCTD

during the Proposal Stage, only where:

(a) the modified Consortium would continue to meet the Qualification criteria for Applicants;

(b) the proposed changes do not bring down the number of Applicants below a

critical minimum (atleast two); and

(c) the new member(s) expressly adopt(s) the Application already made on behalf of the Consortium as if it were a party to it originally, and is not a part of any other Consortium / Applicant bidding for this Project.

4.3.3 The grant of approval for change in the composition of a Consortium shall be at

the sole discretion of GNCTD and must be approved by GNCTD in writing.

4.3.4 The modified Consortium would be required to submit a revised MoU. 4.4 Number of Applications

Each Applicant shall submit only one (1) Application for the Project. Any

Applicant, who submits or participates in more than one Application for the Project will be disqualified and will also cause the disqualification of the Consortium of which it is a member.



February 2008 29

4.5 Application Preparation Cost

The Applicant shall be responsible and shall bear all costs and expenses associated with the preparation of its Application and its participation at the Qualification Stage. It is clarified that neither GNCTD nor DIMTS shall be responsible or in any way liable for such costs, expenses regardless of the conduct or outcome of the Qualification Stage.

4.6 Project Appraisal

4.6.1 It is desirable that each Applicant submits its Application after collection of

required information and analysis or any other matter considered relevant by it. 4.6.2 It would be deemed that by submitting the Application, the Applicant has:

a) made a complete and careful examination of the RFQ Document; and b) received all relevant information requested from GNCTD and/or DIMTS.

4.6.3 GNCTD and/or DIMTS shall not be liable for any mistake or error on the part of

the Applicant in respect of the above.

4.7 Right to Accept or Reject any of the Applications 4.7.1 Notwithstanding anything contained in this RFQ Document, GNCTD reserves the

right to accept or reject any Application or to annul the Bidding Process or reject all Applications at any time, without assigning any reasons thereof and without any liability or any obligation, of any nature whatsoever, for such rejection or annulment.

4.7.2 GNCTD reserves the right to reject any Application if:

(a) at any time, a material misrepresentation is made or discovered; or (b) the Applicant does not respond promptly and diligently to requests for

additional information or clarification required for evaluation of the Application.

4.7.3 Rejection of the Application by GNCTD, as aforesaid, would lead to the

disqualification of the Applicant. If the Applicant is a Consortium, then the entire Consortium would be disqualified.

4.7.4 If such disqualification / rejection occurs after the Proposal Stage, and the

Proposal has been opened and the best Bidder gets disqualified / rejected, then GNCTD reserves the right to either:

a) either invite the next best Bidder to match the Proposal submitted by the best

Bidder;



February 2008 30

OR b) take any such measure as may be deemed fit in the sole discretion of GNCTD

including annulment of the Bidding Process.

4.8 Amendment of RFQ Document

4.8.1 At any time prior to the Application Due Date, GNCTD may, for any reason, whether at its own initiative or in response to clarifications requested by an Applicant, modify or require DIMTS to modify the RFQ Document by the issuance of Addenda posted exclusively on the website of DIMTS - www.dimts.org.

4.8.2 Any Addendum thus issued will also be sent in writing to all those who have purchased the RFQ Document and to those who have downloaded the RFQ Document from the website and have duly intimated this fact to GNCTD and/or DIMTS giving their particulars including address for communication by fax/post (hereinafter referred as “Registered Applicants”).

4.8.3 In order to provide the Applicants a reasonable time to examine the Addendum, or

for any other reason, GNCTD may, at its own discretion, extend the Application Due Date.

4.9 Clarifications 4.9.1 An Applicant requiring any clarification on the RFQ Document may request

DIMTS in writing. The Applicants should send in their queries latest by the relevant date and time mentioned in the Schedule of Bidding Process. DIMTS would endeavour to respond to the queries by the date mentioned in the Schedule of Bidding Process. The responses will be sent by fax / courier. DIMTS will forward its responses, at its sole discretion, to all purchasers of the RFQ Document and Registered Applicants and would include a description of the enquiry and the response of DIMTS without identifying the source of the enquiry.

4.9.2 All correspondence / enquiries should be submitted to the following in writing by

fax /post / courier:

ATTN. OF: Mr. Ashvini Parashar, Head – Business Partnerships

SUBJECT Cluster 1 – Operations of Private Stage Carriage Buses ADDRESS: Delhi Integrated Multi-Modal Transit System Limited (DIMTS)

1st Floor Maharana Pratap ISBT Building, Kashmere Gate, Delhi – 110006

Tel. : +91-11-23860971, 23860968 Fax: +91-11-23860966 Email: [email protected] and [email protected]



February 2008 31

B. Preparation and Submission of Application 4.10 Language

The Application and all related correspondence and documents should be written in the English language. Supporting documents and printed literature furnished by the Applicant with the Application may be in any other language provided that these are accompanied by appropriate translations of the pertinent passages in the English language. Supporting material, which are not translated into English, may not be considered. For the purpose of interpretation and evaluation of the Application, the English language translation shall prevail.

4.11 Currency

The currency for the purpose of the Application shall be the Indian Rupee (INR). The conversion to Indian Rupees shall be based on the closing exchange rate published by the Reserve Bank of India as on March 31, 2007. In all such cases, the original figures in the relevant foreign currency and the INR equivalent thereof must be given. The exchange rate(s) applied shall be clearly stated. GNCTD, however, reserves the right to use any other suitable exchange rate for the purpose of uniformly evaluating all the Applications.

4.12 Validity of Application

The Application shall remain valid for a period not less than nine (9) months from the Application Due Date (hereinafter referred to as “Application Validity Period”). GNCTD reserves the right to reject any Application, which does not meet this requirement.

4.13 Extension of Validity of Application

In exceptional circumstances, prior to expiry of the Application Validity Period, GNCTD may request Applicants to extend the Application Validity Period for a specified additional period. Applicants not extending the Application Validity Period, when so requested, would automatically be disqualified.

4.14 Format and Signing of Application 4.14.1 The Applicant would provide all the information in terms of this RFQ Document.

Only those Applications shall be evaluated that are received in the required format and complete in all respects.



February 2008 32

4.14.2 The Applicant shall prepare one original of the documents comprising the Application and clearly marked “ORIGINAL”. In addition, the Applicant shall make one (1) copy of the Application, clearly marked “COPY”. In the event of any discrepancy between the original and the copy, the original shall prevail.

4.14.3 The Application and its copy shall be typed or written in indelible ink and the

Applicant shall initial each page. All the alterations, omissions, additions, or any other amendments made to the Application shall be initialled by the person/s signing the Application.

4.15 Sealing and Marking of Applications 4.15.1 The Applicant shall seal the original and copy of the Application in separate

envelopes, duly marking the envelopes as “ORIGINAL” and “COPY”. The envelopes shall then be sealed in an outer cover envelope.

4.15.2 Each envelope shall contain the following (check-list):

i. Letter of Application Refer Appendix 1

ii. Power of Attorney for signing of the Application (in case of Consortium, this would need to be provided by all the member)

Refer Appendix 2

iii. In case of Consortium, Power of Attorney for signing of Application by the Lead Member Refer Appendix 3

iv. Details of Applicant (in case of Consortium, this would need to be provided by all the members) Refer Appendix 4

v. Financial Capability of the Applicant (in case of Consortium, Financial Capability of Lead Member) Refer Appendix 5

vi. Experience of Applicant (in case of Consortium, experience of all the members)

Refer Appendix 6, Appendix 6A and

Appendix 6B

vii. Affidavit certifying that Business Entity / Director(s) of Business Entity are not blacklisted / barred

Refer Appendix 7

viii. In case of Consortium, Memorandum of Understanding as per the format attached in Refer Appendix 8

ix. Letter of Undertaking where the Applicant is a Type 3 Applicant, as per the format attached in Refer Appendix 9

x. Letter of Undertaking where the Applicant is a Type 2 Applicant, as per the format attached in Refer Appendix 10

xi. Bank Draft towards the cost of RFQ Document (in case the same has been downloaded from the

-



February 2008 33

website). In case the document is purchased, a photocopy of the receipt of the payment is to be enclosed

xii. Proof of registration of the Applicant (in case of Consortium, proof of registration of all the Members)

-

The envelopes and the outer cover envelope shall clearly bear the following identification:

“Application for Qualification:

Operation of Private Stage Carriage Services in Delhi”, “To be opened by Tender Opening Committee only”

and

“Submitted by

Name, Address and Contact Phone No. of the Applicant”

4.15.3 The envelope shall be addressed to:

ATTN. OF: Commissioner Transport ADDRESS: C/o Delhi Integrated Multi-Modal Transit System

Limited (DIMTS) 1st Floor Maharana Pratap ISBT Building, Kashmere Gate, Delhi – 110006

Tel. : +91-11-23860971, 23860968 Fax: +91-11-23860966

4.15.4 If the envelope is not sealed and marked as instructed above, GNCTD and/or

DIMTS assumes no responsibility for the misplacement or premature opening of the contents of the Application submitted and such Application may at the sole discretion of GNCTD, be rejected.

4.16 Application Due Date 4.16.1 The Applications should be submitted on or before 1700 hours IST on the

Application Due Date mentioned in the Schedule of Bidding Process (refer Clause 6.1), to the address provided in Clause 4.15.3 in the manner and form as detailed in this RFQ Document. Applications submitted by either facsimile transmission or telex will not be acceptable.

4.16.2 GNCTD may, in exceptional circumstances, and at its sole discretion, extend the Application Due Date by issuing an Addendum in accordance with Clause 4.8.1, uniformly for all Applicants.



February 2008 34

4.17 Late Applications

No Application shall be accepted which is received after the Application Due Date. Any such Application received after the Application Due Date shall be summarily rejected and returned unopened.

4.18 Modifications/ Substitution/ Withdrawal of

Applications

4.18.1 The Applicant may modify, substitute, or withdraw its Application after submission, provided that written notice of the modification, substitution, or withdrawal is received by the Application Due Date. No Application shall be modified, substituted, or withdrawn by the Applicant after the Application Due Date.

4.18.2 The modification, substitution, or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clause 4.15.1, Clause 4.15.2 and Clause 4.15.3, with the envelopes being additionally marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.

C. Evaluation of Application 4.19 No Application will be opened before the Application Due Date. Applications

would be opened on any working day after Application Due Date in presence of the Applicants and with prior notice to them for the purpose of evaluation.

4.20 Applications for which an acceptable notice of withdrawal has been submitted in accordance with Clause 4.18.2 shall not be opened.

4.21 The Applications, so received, would subsequently be examined and evaluated in accordance with the criteria set out in Section 5.

4.22 GNCTD and/or DIMTS reserve the right to utilise the services of consultant/s or advisor/s, to assist in the examination, evaluation, and comparison of Applications..

4.23 GNCTD reserves the right to reject any Application, if:

a. at any time, a material misrepresentation is made or discovered; or b. the Applicant does not respond promptly and diligently to requests for

supplemental information required for the evaluation of the Application.



February 2008 35

4.24 Confidentiality 4.24.1 Information relating to the examination, clarification, evaluation, and

recommendation for the short-listed Applicants shall not be disclosed to any person not officially concerned with the Bidding Process. GNCTD and /or DIMTS will treat all information submitted as part of Application in confidence and would require all those who have access to such material to treat the same in confidence.

4.24.2 GNCTD and/or DIMTS shall not divulge any such information unless it is ordered

to do so by any authority pursuant to applicable law or order of a competent court or tribunal, which requires its disclosure.

4.25 Tests of Responsiveness 4.25.1 Prior to evaluation of Applications, it shall be determined whether each

Application is responsive to the requirements of the RFQ Document. An Application shall be considered responsive if the Application:

a) is received /deemed to be received by the Application Due Date including

any extension thereof pursuant to Clause 4.16.2. b) is signed, sealed and marked as stipulated in Clause 4.15.1, 4.15.2 and 4.15.3 c) contains all the information and documents as set out in Clause 4.15.2 and in

the formats set out in this RFQ Document. d) mentions the Application Validity Period as set out in Clause 4.12. e) is accompanied by payment towards cost of the RFQ Document in case the

same has not been paid while procuring the RFQ Document or receipt as proof of purchase of RFQ Document.

4.25.2 GNCTD reserves the right to reject any Application which is non-responsive and

no request for alteration, modification, substitution or withdrawal shall be entertained by GNCTD in respect of such Applications.

4.26 Clarifications

4.26.1 To facilitate evaluation of Applications, GNCTD either itself or through DIMTS

may, at its sole discretion, seek clarifications in writing from any Applicant regarding its Application. Such clarifications shall be provided within the time specified by GNCTD/DIMTS, as the case may be, for this purpose. Any request for clarifications and all clarifications shall be in writing.

4.26.2 If an Applicant does not provide clarifications sought under Sub-Clause 4.26.1

above within the prescribed time, its Application shall be liable to be rejected. In case the Application is not rejected, GNCTD may proceed to evaluate the Application by construing the particulars requiring clarification to the best of its



February 2008 36

understanding, and the Applicant shall be barred from subsequently questioning such interpretation.

D. Qualification and Notification 4.27 After the evaluation of Applications, a list of Qualified Applicants who meet the

qualification criteria as set out in this RFQ Document. Other Applicants may be informed that their Applications have been unsuccessful.

4.27 The Qualified Applicants would then be requested to submit a detailed Proposal in

the form and manner to be set out in the RFP Document.



February 2008 37

5. Criteria for Evaluation 5.1 Evaluation Parameters 5.1.1 The Applicant’s competence and capability is proposed to be established by the

following parameters:

(a) Operational Experience of Applicant, and

(b) Financial Capability

5.1.2 On each of these parameters, the Applicant would be required to meet the evaluation criteria as detailed in this Section. Any Applicant meeting all the criteria will be qualified to submit its Proposal for the Project.

5.2 Operational Experience

5.2.1 Eligible Experience

5.2.1.1 The following categories of experience would qualify (“Eligible Operational

Experience”):

Category 1: Stage Carriage (e.g. bus / mini bus / Rural Transport Vehicle (RTV)) operation with requisite valid Permits to operate in India.

Category 2: Contract Carriage (e.g. bus / mini bus / RTV/ cabs/ taxi/ van/

jeep) operations with requisite valid Permits to operate in India. Category 3: Stage/ Contract Carriage with requisite valid Permits issued by

appropriate authority from outside India under equivalent law.

5.2.1.2 For an operator to qualify as an Eligible Operational Experience :

Under Category 1, Category 2 and Category 3:

(a) Operational experience shall be considered in terms of Passenger Car Unit (PCU) Years after April 1, 2004 and upto Dec. 31, 2007;

(b) Based on Category of experience, relative weights shall be assigned as

set out in Table 5.1; and

(c) Applicant’s experience shall be measured and stated in terms of a score (the “Operational Experience”).

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Table 5.1 : Eligible Operational Experience Category

Measurement Parameter Experience Weight

Category 1

Stage Carriage operation experience in India

1.00

Category 2

Contract Carriage operation experience in India

0.80

Category 3

Stage Carriage/ Contract Carriage operation experience outside India

0.80

5.2.1.3 Applicant can quote experience in respect of Operational Experience under any

one or all categories. In-case of Consortium, experience of all members of Consortium shall be added together for the purpose of evaluation.

5.2.1.4 Suitable conversion shall be made based on the size of the vehicle in terms of

details set out in Table 5.2. In case the Applicant has experience in more than one Category, the experience for each Category would be computed and aggregated to arrive at the total Operational Experience.

Experience Score for a given Category (Refer Para 5.2.1.1) = Number of Vehicles * Experience Weight (Refer Table 5.1) * PCU Factor (Refer Table 5.2) * No. of months of operations (from April 1, 2004 onwards upto December31, 2007) divided by 12 months = XXX PCU Years

Table 5.2 : PCU Factors Type of Vehicle Type PCU Factor

Bus 3.00 Mini Bus 1.50 Car /Cabs 1.00 Taxi / Van / Jeep 1.00 RTV 1.50

5.2.1.5 Any Applicant who achieves an Operational Experience of 300 PCU Year

would be deemed to meet the experience criterion for qualification.



February 2008 39

For example, if an Applicant has quoted experience as below, then the total Operational Experience for the Applicant would be computed as set out in the table below:

Table 5. 1 Sample Operational Experience Computation Table Type No of

vehicles with

Permit

PCU Factor for the vehicle

Experience Weight

No of Months in Operation

(April 1st 2004 to Dec. 31,

2007)

Total PCU Years

(“Operational Experience”)

1 2 3 4 5 6 = (2*3*4*5)/12

Category 1 Bus 35 3.00 1.00 24 210.00 Mini Bus 10 1.50 1.00 20 25.00 Category 2 Bus 10 3.00 0.80 12 24.00 Mini Bus 5 1.50 0.80 8 4.00 Cab 50 1.00 0.80 12 33.33 Taxi 10 1.00 0.80 18 6.67 Van 2 1.00 0.80 5 0.67 Jeep 1 1.00 0.80 6 0.40 RTV 1 1.50 0.80 3 0.30 Operational Experience (Sum of Total PCU Years Experience) 304.37

5.2.1.6 Special Case: Type 2 Applicant, experience of all the Society members shall be

considered for the purpose of evaluation.

5.2.1.7 Special Case: Type 3 Applicants are required to provide proof of permits valid as on March 31, 2007. On submission of such proof, Type 3 Applicants shall be deemed to meet the experience criterion for qualification.

5.2.1.8 The Applicants must provide the necessary information as per Appendix 6, 6A

and 6B. 5.2.2 Financial Capability 5.2.2.1 Financial Capability of the Applicants (Lead Member in case of Consortium)

would be evaluated on the basis of the following:

a) net worth as at the end of the most recent financial year (Ref. Appendix 5), or

b) aggregate net cash accruals2 for the last two (2) completed financial years (Ref. Appendix 5), or

2 Aggregate net cash accruals is the total sum of net cash accruals of two financial years



February 2008 40

c) In case of Type 3 Applicant, commitment towards a minimum authorised,

subscribed and paid up capital (Ref. Appendix 9) The Applicants should provide information regarding the above based on audited annual accounts for the respective financial years. The financial year would be the same as the one normally followed by the Applicant for its Annual Report.

5.2.2.2 The Application must be accompanied by the audited annual financial

statements of the Applicant (in case of Consortium only Lead Members financials would be considered for evaluating the financial capability) for the last two (2) financial years.

5.2.2.3 In case the annual accounts for the latest financial year are not audited and

therefore the Applicant could not make it available, the Applicant shall give an undertaking to that effect and the statutory auditor shall certify the same. In such a case, the Applicant may provide the unaudited Annual Accounts (with Schedules) for the latest financial year. In any case, the Audited Annual Financial Statements for two years preceding the latest financial year would have to be provided, failing which the Application will be rejected as non-responsive.

5.3 Evaluation Criteria for Financial Capability 5.3.1 For the purpose of Qualification, an Applicant would be required to demonstrate

the threshold Financial Capability measured on the criteria as listed below. The Applicant would have to satisfy any one of the following criteria:

Type of Applicant Financial Capability Criteria

Type 1 Applicant

Net worth of the Applicant as at the end of the last financial year shall be at least equal to Rs. 60 millions

Or The aggregate Net Cash Accruals of the Applicant for the last two financial years shall be at least equal to Rs. 60 millions



February 2008 41

Type of Applicant Financial Capability Criteria

Type 2 Applicant

Net worth of the Applicant as at the end of the last financial year shall be at least equal to Rs. 30 millions alongwith an undertaking to increase the Net Worth to atleast Rs. 60 millions in terms of the conditions set out in Appendix 10, where the Applicant is the Successful Bidder.

Or The aggregate Net Cash Accruals of the Applicant for the last two financial years shall be at least equal to Rs. 60 millions

Type 3 Applicant

Undertaking, in terms of the format set out in Appendix 9 confirming that the authorised capital of the SPC is atleast Rs. 60 millions and a commitment to subscribe to the capital, where the Applicant is the Successful Bidder.

Type 4 Applicant

Net worth of the Lead Member of the Consortium as at the end of the last financial year shall be at least equal to Rs. 60 millions

Or The aggregate Net Cash Accruals of the Lead Member of the Consortium for the last two financial years shall be at least equal to Rs. 60 millions

For the purposes of analysis only figures from the latest two audited annual financial statements would be considered.

5.4 Evaluation Criteria for a Consortium 5.4.1 In case the Applicant is a Consortium, for the purpose of evaluation, Lead

Members’ Financial Capability (net worth or Net cash accruals) should be equal to 100% of the capability criteria as stipulated in this Section.

5.4.2 The Lead Member shall commit to hold a minimum equity stake equal to 51% and

all members of the Consortium shall individually, commit to hold a minimum equity stake equal to 5% of SPC.



February 2008 42

6. Schedule of Bidding Process 6.1 GNCTD would endeavour to adhere to the following schedule:

Sr. No.

Event Description

Indicative Dates

1.

Pre – application meet

March 24, 2008

2. Last Date for receiving queries

April 7, 2008

3. DIMTS’s response to queries latest by

April 14, 2008

4. Application Due Date submission

April 25, 2008 upto

1700 hrs

S E C T I O N

6



February 2008 43

Appendix 1: Format for Letter of Application

[On the Letter head of the Applicant (Lead Member in case of Consortium)] Date: To Commissioner Transport Transport Department Government of National Capital Territory of Delhi 5/9, Under Hill Road, Delhi – 110054 Ref : Operation of Private Stage Carriage Services in Delhi Dear Sir, Being duly authorized to represent and act on behalf of …………………… ……………. (hereinafter referred to as “the Applicant”), and having reviewed and fully understood all of the qualification requirements and information provided, the undersigned hereby apply for qualification for the captioned project. We are enclosing our Application for Qualification in one (1) original plus one (1) copy, with the details as per the requirements of the RFQ Document, for your evaluation.

We confirm that our Application is valid for a period of nine (9) months from ………… (Application Due Date)

Yours faithfully, ___________________________ (Signature of Authorised Signatory) (Name, Title and Address)

A P P E N D I X

1



February 2008 44

Appendix 2: Format for Power of Attorney for Signing of Application

(On Non – judicial stamp paper of Rs 100/- or such equivalent document duly attested by notary public)

Power of Attorney

Know all men by these presents, we …………………………………………… (name and address of the registered office) do hereby constitute, appoint and authorise Mr. / Ms.…………………… ………… (name and residential address) who is presently employed with us and holding the position of ………………………………………. as our attorney, to do in our name and on our behalf, all such acts, deeds and things necessary in connection with or incidental to our bid for the Project envisaging Operation of Private Stage Carriage Services in Delhi, including signing and submission of all documents and providing information / responses to Government of National Capital Territory of Delhi (“GNCTD”) / Delhi Integrated Multi-Modal Transit System Limited (“DIMTS”), representing us in all matters before GNCTD/ DIMTS, and generally dealing with GNCTD/ DIMTS in all matters in connection with our bid for the said Project. We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall always be deemed to have been done by us.

For ___________________________

(Signature)

(Name, Title and Address)

Accepted ………….. (Signature) (Name, Title and Address of the Attorney) Note: To be executed by the Lead Member in case of a Consortium. 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.

In case the Application is signed by an authorised Director of the Applicant, a certified copy of the appropriate resolution/ document conveying such authority may be enclosed in lieu of the Power of Attorney.

A P P E N D I X

2



February 2008 45

Appendix 3: Format for Power of Attorney for Lead Member of Consortium


Power of Attorney

Whereas the Government of National Capital Territory of Delhi (“GNCTD”) has invited applications from interested parties for Operation of Private Stage Carriage Services in Delhi (the “Project”), Whereas, the members of the Consortium are interested in bidding for the Project and implementing the Project in accordance with the terms and conditions of the Request for Qualification (RFQ) Document, Request for Proposal (RFP) Document and other connected documents in respect of the Project, and Whereas, it is necessary under the RFQ Document for the members of the Consortium to designate the Lead Member with all necessary power and authority to do for and on behalf of the Consortium, all acts, deeds and things as may be necessary in connection with the Consortium’s bid for the Project who, acting jointly, would have all necessary power and authority to do all acts, deeds and things on behalf of the Consortium, as may be necessary in connection the Consortium’s bid for the Project. NOW THIS POWER OF ATTORNEY WITNESSETH THAT; We, M/s. ……………… (Lead Member), and M/s ……………… (the respective names and addresses of the registered office) do hereby designate M/s. ………………………………… being one of the members of the Consortium, as the Lead Member of the Consortium, to do on behalf of the Consortium, all or any of the acts, deeds or things necessary or incidental to the Consortium’s bid for the Project, including submission of Application for Qualification/ Proposal, participating in conferences, responding to queries, submission of information/ documents and generally to represent the Consortium in all its dealings with GNCTD/ DIMTS, any other Government Agency or any person, in connection with the Project until culmination of the process of bidding and thereafter till the Concession Agreement is entered into with GNCTD/ DIMTS. We hereby agree to ratify all acts, deeds and things lawfully done by Lead Member, our said attorney pursuant to this Power of Attorney and that all acts deeds and things done by our aforesaid attorney shall and shall always be deemed to have been done by us/Consortium. Dated this the ……Day of …….2008 ………………………………… (Executants) (To be executed by all the members of the Consortium) Note: 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.

A P P E N D I X

3



February 2008 46

Appendix 4: Format for Details of Applicant

1. (a) Name (b) Country of incorporation/registration3 (c) Address of the registered office, corporate headquarters, and its branch

office/s, if any, in India (d) Date of incorporation and/or commencement of business.

2. Brief description of the Applicant including details of its main lines of business

and proposed role and responsibilities in this Project. 3. Details of individual/s who will serve as the point of contact / communication

with GNCTD :

(a) Name : (b) Designation : (c) Company : (d) Address : (e) Telephone Number : (f) E-Mail Address : (g) Fax Number : (h) Mobile Number :

4. Name, Designation, Address and Phone Numbers of Authorised Signatory of the

Applicant :

(a) Name : (b) Designation : (c) Company : (d) Address : (e) Telephone Number : (f) E-Mail Address : (g) Fax Number : (h) Mobile Number :

3 Documentary proof of registration.

A P P E N D I X

4



February 2008 47

5. In case of a Consortium:

(a) the information above (1-4) should be provided for all the members of the consortium.

(b) information regarding role of each member should be provided as per table

below:

Sr. No. Name of Member Role (Specify Lead Member/ Other Member) 1. 2. 3.



February 2008 48

Appendix 5: Format for Financial Capability of the Applicant

(Equivalent in Rs. Millions)

Applicant* Net Worth Net Cash Accruals

Year 1 (As on -------) Year 1 (From ---- to ----)

Year 2 (From ---- to -----) Total

Sole Applicant

OR Lead Member of Consortium

Total

# The Applicant should provide the Financial Capability based on its own financial statements. Financial Capability of the Applicant's parent company or its subsidiary or any associate company will not be considered for computation of the Financial Capability of the Applicant.

* Any Applicant being a Type 1 or Type 2 Applicant should fill in details as per the row titled Sole Applicant and ignore the row below. In case of a Consortium, ignore the first row and provide relevant details of Lead Member in the subsequent row. In case the Applicant is a Consortium, for the purpose of evaluation on financial parameters, financial parameters of the Lead Member only shall considered.

General Instructions:

1. Net Cash Accruals = (Profit After Tax + Depreciation + Non cash Expenses) 2. Net Worth = (Subscribed and Paid-up equity + Reserves + Share Allotment Money

Already Received + Preference Shares (including Redeemable) + Convertible Debentures but excluding Warrants - (Revaluation reserves + Miscellaneous expenditure not written off)

3. The financial year would be the same as followed by the Applicant for its annual report. Say, Year 1 will be the financial year 2007-08. Year 2 shall be the year immediately preceding Year 1.

4. The Applicant shall provide complete set of the audited annual financial statements complete with schedules, notes to accounts, auditor’s report. Failure to do so would be considered as a non-responsive Application for Qualification.

5. The Applicant should clearly indicate the calculations and references in the financial statements in arriving at the above numbers in an attached worksheet.

A P P E N D I X

5



February 2008 49

Appendix 6: Format for Experience of the Applicant4

S. No Name of

the Applicant

Type of Vehicle5

No of Vehicles

with Permit

PCU

Factor

Category Experience

Weight

Number of Months in Operation (April 01, 2004 upto Dec.

31, 2007

Total PCU Years

Experience

1 2 3 4 5 6 7 7

=(4*5*6*7)/12

1 Sole Applicant

OR 2 Lead

Member

3 Other Member 1

4 Other Member 2

5 Other Member 3

6 Other Member 4

* Multiply applicable Experience Weight and PCU Factor set out in Table 5.1 and Table 5.2 in Chapter 5. Note: 1. The Applicant should provide details of only those Permits that are issued in its own

name or in the name of the subsidiary entity (i.e. the Applicant should hold atelast 51% of the common equity of subsidiary Company the as on December 31, 2007) or Parent Company (i.e. the Parent Company should hold atelast 51% of the common equity of the Applicant as on December 31, 2007).

2. Project experience of the Applicant's associate company (who is not a member of the Consortium) will not be considered for computation of the total operational experience.

3. Any Applicant consisting of a single entity should fill in details as per the row titled Sole Applicant and ignore the other rows mentioned below. In case of a Consortium, the details need to be provided as per the lower rows and the row titled Single Entity Applicant may be ignored.

4 Type 1, Type 2 and Type 4 Applicants are required to provide details in terms of Appendix 6, 6A and 6B. Type 3 Applicants are required to fill up Appendix 6A and 6B only 5 Refer Clause 5.2.1.1 for details

A P P E N D I X

6



February 2008 50

Appendix 6A: Format for Permit Details

Refer Instruction (Applicant to fill up the Details here) Name of the Entity6 Name of the Permit Holder Permit (Copy of Permit to be attached) Copy of Permit to be attached

Address Type of Vehicle 3 Registration Number of the regular vehicle

Maximum no of Passengers can carry at one time

Period of Validity Date of Expiry Route of the Area Months of Operation Instructions 1. Applicants are expected to provide information in respect of each vehicle in this

section. Information provided in this section is intended to serve as a back up for information provided in accordance with Appendix 6. Along with this Applicant needs to furnish copy of each permit.

2. A separate sheet should be filled for each of the vehicle. 3. Refer Clause 5.2.1.1 for Category and Table 5.2 for PCU factors for the vehicle. 4. In-case of foreign companies/ operations outside India, endorsement from Indian

Embassy from the country of operation (from where such permit was issued) should be provided.

It may be noted that in the absence of anyone of the, the information would be considered

inadequate and could lead to exclusion of the relevant project in computation of Experience.

6 Name of Sole Applicant, Lead Member or Other Member who has the Vehicle

A P P E N D I X

6 A



February 2008 51

Appendix 6B: Guidelines for Providing Information Related to Experience

It may be noted that in the event of any discrepancy between any information, required to be provided under Appendix 6 and 6 A, and the certificate to be obtained from the statutory auditor, as required hereunder, such information would be considered deficient and shall not be considered for computation of experience required under the Project7. 1. The Applicant shall provide a certificate from its Statutory Auditor in the format

given below :

This is to certify that ___________ (Name of the Applicant) has

S. No Name of

the Applicant

Type of Vehicle8

Vehicle Registration

Number

Issuing Agency

PCU

Factor

Category Experience

Weight

Number of Months in Operation (April 01,

2004 till Dec. 31, 2007

1 2 3 4 5

Signature of the Statutory Auditor of the Applicant Name of the Partner Name of the Statutory Auditor Firm/ Company Registration Number of the Partner Address of the Statutory Auditor Phone Number of the Statutory Auditor Firm/ Company Fax Number of the Statutory Auditor Firm/ Company

7 Refer Clause 5.2.1.5 of the RFQ document 8 Refer Clause 5.2.1.1 for details

A P P E N D I X

6 B



February 2008 52

Appendix 7: Format for Affidavit Certifying that Entity / Director/s of Entity are not Blacklisted

(On a Stamp Paper of relevant value)

Affidavit

I M/s. ……………… (Sole Applicant / Lead Member/ Other Member /s)), (the names and addresses of the registered office) hereby certify and confirm that we or any of our promoter/s / director/s are not barred by GNCTD or blacklisted by any state government or central government / department / agency in India from participating in Project/s, either individually or as member of a Consortium as on the January 01, 2008.

We further confirm that we are aware that as per Clause 4.7.2, our Application for the captioned Project would be liable for rejection in case any material misrepresentation is made or discovered with regard to the requirements of Clause 4.2.4 at any stage of the Bidding Process or thereafter during the Concession Agreement period.

Dated this ……………………..Day of …………………., 200….

Name of the Bidder ……………………………………………. Signature of the Authorised Person ……………………………………………. Name of the Authorised Person Note: To be executed separately by all the Members in case of Consortium

A P P E N D I X

7



February 2008 53

Appendix 8: Format for Memorandum of Understanding (MOU)


This Memorandum of Understanding (MoU) entered into this _____day of ________ 2008 at __________ among _______ and having its registered office at _______, (hereinafter referred as”________”, which expression unless repugnant to the context or meaning thereof includes its successors and permitted substitutes) of the First Part and _______ and having its registered office at _______, (hereinafter referred as”________”, which expression unless repugnant to the context or meaning thereof includes its successors and permitted substitutes) of the Second Part and ______ (and having its registered office at _______, (hereinafter referred as”________”, which expression unless repugnant to the context or meaning thereof includes its successors and permitted substitutes) of the Third Part and ______ and having its registered office at _______, (hereinafter referred as”________”, which expression unless repugnant to the context or meaning thereof includes its successors and permitted substitutes) of the Fourth Part and ______ (and having its registered office at _______, (hereinafter referred as”________”, which expression unless repugnant to the context or meaning thereof includes its successors and permitted substitutes) of the Fifth Part The parties are individually referred to as Party and collectively as Parties. WHEREAS Government of National Capital Territory of Delhi (“GNCTD”), has invited Request for Qualification (RFQ) from entities interested for Operation of Private Stage Carriage Services in Delhi for Cluster 1, (“Project”) as per the terms contained in the RFQ Document and as may be specified in the RFP Document containing the terms of Concession Agreement to be issued to the Qualified Applicants. AND WHEREAS the Parties have had discussions for formation of a Consortium for bidding for the said Project and have reached an understanding on the following points with respect to the Parties’ rights and obligations towards each other and their working relationship. IT IS HEREBY AS MUTUAL UNDERSTANDING OF THE PARTIES AGREED AND DECLARED AS FOLLOWS:

A P P E N D I X

8



February 2008 54

1. That the Parties will form a Special Purpose Company (“SPC”) with the shareholding commitments expressly stated. The said SPC shall not undertake any other business during the Concession Period.

2. That the equity share holding of the Parties in the issued and paid up capital of the

SPC shall not be less than as specified in the RFQ Document. 3. That M/s____________, M/s____________, M/s. ____________, M/s.

____________ and M/s. ____________ who are Members of the Consortium commit to hold the equity stakes in the SPC which are in line with the requirements of RFQ and RFP Documents.

4. That the shareholding commitments shall be recorded in the Concession

Agreement and no changes shall be allowed thereof, except in accordance with the provisions of the RFQ Document, if qualified the RFP Document and the Concession Agreement that will be executed if the Project is awarded to us.

5. That the Parties shall carry out all obligations and responsibilities in terms of the

Concession Agreement. 6. That the roles and the responsibilities of each Party at each stage of the Project

shall be as follows: 7. That the Parties shall be jointly and severally liable for the execution of the

Project in accordance with the terms of the Concession Agreement to be executed on award of the Project.

8. That the Parties affirm that they shall implement the Project in good faith and

shall take all necessary steps to ensure the expeditious implementation of the Project.

9. That this MoU shall be governed in accordance with the laws of India and courts

in Delhi shall have exclusive jurisdiction to adjudicate disputes arising from the terms herein.

In witness whereof the Parties affirm that the information provided is accurate and true and have caused this MoU to be duly executed on the date and year above mentioned.

1. First Party 2. Second Party 3. Third Party 4. Fourth Party 5. Fifth Party Witness:



February 2008 55

Appendix 9: Format for Undertaking by Type 3 Applicant


This Undertaking entered into this _____day of ________ 2008 at __________ among __________ and having permanent residence at _______, (hereinafter referred as”________”, which expression unless repugnant to the context or meaning thereof include its successors) of the First Part and __________ and having permanent residence at _______, (hereinafter referred as”________”, which expression unless repugnant to the context or meaning thereof include its successors) of the Second Part and __________ and having permanent residence at _______, (hereinafter referred as”________”, which expression unless repugnant to the context or meaning thereof include its successors) of the Nth Part The parties are individually referred to as Party and collectively as Parties. WHEREAS Government of National Capital Territory of Delhi (GNCTD), has invited Request for Qualification (RFQ) from entities interested for Operation of Private Stage Carriage Services in Delhi for Cluster 1, (hereinafter called the “Project”) as per the terms contained in the RFQ Document and as may be specified in the RFP Document containing the terms of Concession Agreement to be issued to the Qualified Applicants. AND WHEREAS the Parties have had discussions for formation of a Special Purpose Company (“SPC”) for bidding for the said Project and have reached an understanding on the following points with respect to the Parties’ rights and obligations towards each other and their working relationship. IT IS HEREBY AS MUTUAL UNDERSTANDING OF THE PARTIES AGREED AND DECLARED AS FOLLOWS: 1. That the Parties have formed a SPC by the name of _________________ with the

shareholding commitments expressly stated and attached as Annexure to this Undertaking. The said SPC shall not undertake any other business during the Concession Period.

2. That the authorised capital of the SPC is ______ (Atleast Rs. 60 millions)

A P P E N D I X

9



February 2008 56

3. That the Parties commit to subscribe to the equity of the SPC in case the Applicant is the Successful Bidder to the Project.

4. That the Parties hereby are submitting a copy of the certificate issued by Registrar

of Companies confirming registration of the SPC. 5. That the Parties confirm that they shall hold minimum 51% common equity in the

SPC at all times during the tenure of the Concession Agreement. 6. That the shareholding commitments shall be recorded in the Concession

Agreement and no changes shall be allowed thereof, except in accordance with the provisions of the RFQ Document, if qualified the RFP Document and the Concession Agreement that will be executed if the Project is awarded to us.

7. That the Parties shall carry out all responsibilities in terms of the Concession

Agreement. 6. That the roles and the responsibilities of each Party at each stage of the Project

shall be as follows: 7. That the Parties shall be jointly and severally liable for the execution of the

Project in accordance with the terms of the Concession Agreement to be executed on award of the Project.

8. That the Parties affirm that they shall implement the Project in good faith and

shall take all necessary steps to ensure the expeditious implementation of the Project.

9. That this Undertaking shall be governed in accordance with the laws of India and

courts in Delhi shall have exclusive jurisdiction to adjudicate disputes arising from the terms herein.

In witness whereof the Parties affirm that the information provided is accurate and true and have caused this Undertaking to be duly executed on the date and year above mentioned.

1. First Party - Signatures, Name, Address and Contact Details 2. Second Party - Signatures, Name, Address and Contact Details N. Nth Party - Signatures, Name, Address and Contact Details Witness:



February 2008 57

Appendix 10: Format for Undertaking by Type 2 Applicant


This Undertaking entered into this _____day of ________ 2008 at __________ by _______ and having its registered office at _______, (hereinafter referred as the “Society”, which expression unless repugnant to the context or meaning thereof include its successors and permitted substitutes) WHEREAS Government of National Capital Territory of Delhi (GNCTD), has invited Request for Qualification (RFQ) from entities interested for Operation of Private Stage Carriage Services in Delhi for Cluster 1, (hereinafter called the “Project”) as per the terms contained in the RFQ Document and as may be specified in the RFP Document containing the terms of Concession Agreement to be issued to the Qualified Applicants. AND WHEREAS all members of the Society had discussions for bidding for the said Project and have reached an understanding on the following points with respect to the rights and obligations towards each other and their working relationship. IT IS HEREBY AS MUTUAL UNDERSTANDING OF THE PARTIES AGREED AND DECLARED AS FOLLOWS: 1. That the Society shall undertake to amend its bye-laws in conformity with the bye-

laws as prescribed under section 11 of Delhi Co-operative Societies Act, 2003. 2. That the members of the Society shall raise the Net Worth of the Society to atleast

Rs. 60 millions in case the Applicant is the Successful Bidder to the Project. 3. That the members of the Society commit to subscribe to the Net Worth of the

Society in case the Applicant is the Successful Bidder to the Project. 4. That the Society hereby is submitting a copy of the certificate issued by Registrar

confirming registration of the Society. 5. That all members agree that the Society shall carry out all responsibilities in terms

of the Concession Agreement. 6. That all members of the Society shall be jointly and severally liable for the

execution of the Project in accordance with the terms of the Concession Agreement to be executed on award of the Project.

A P P E N D I X

10



February 2008 58

7. That all members of the Society affirm that they shall implement the Project in good faith and shall take all necessary steps to ensure the expeditious implementation of the Project.

8. That this Undertaking shall be governed in accordance with the laws of India and

courts in Delhi shall have exclusive jurisdiction to adjudicate disputes arising from the terms herein.

In witness whereof the all members of the Society affirm that the information provided is accurate and true and have caused this Undertaking to be duly executed on the date and year above mentioned.

Signatures, Name, Address and Contact Details of the duly appointed person acting for and on behalf of the Society who is also a member of the management committee of the Society Witness:



February 2008 59

Cluster – 1

Route No. From To Fare Stages

Actual STA Buses

Route length

Estimated Total No. of buses

Estimated DTC Buses~60%

Estimated Project Buses ~40%

411 Mori Gate (Terminal)

Ambedkar Nagar

(Terminal)

1. Mori Gate 2. Red Fort 3. Delhi Gate 4. Supreme Court 5. Sunder Ngr / Golf Club 6. Ps Nizamuddin 7. Ashram 8. Snp Depot 9. Punj Sons 10. Dda Flats Kalkaji 11. Hamdard Ngr 12. A.N. Terminal.

14 23 18 11 7

416 Lajpat Nagar

Ambedkar Nagar

(Terminal)

1. Jal Vihar 2. Lajpat Ngr 3. Mool Chand Hosp 4. Sant Ngr5. Kalkaji 6. Dda Flats Kalkaji 7. Hamdrd Ngr 8. A.N.Terminal 1 13.4 7 4 3

417 Red Fort

Mehrauli 1. Red Fort 2. Delhi Gate 3. Supreme Court 4. Sunder Ngr/Golf Club 5. Ps Nizamuddin 6. Ashram 7. Snp Depot 8. Nehru Place 9. O.S.Communication 10. Sheikh Sarai Ph-Ii11. Khirki Village 12. Pts 13. Mehrauli .

0 15.8 8 5 3

419 Old Delhi Rly.Station

Ambedkar Nagar

(Terminal)

1. Rly.Stn 2. Red Fort 3. Delhi Gate 4. Supreme Court 5. Sunder Ngr 6. Pant Ngr 7. Mool Chand Hospital 8. Sri Fort Road 9. Saikh Sarai 10. A.N.Terminal

32 17.8 28 17 11


Devli Village 1. Mori Gate(T) 2. Yamuna Bazar 3. Shanti Vana 4. Delhi Gate5. Supreme Court 6. Sunder Ngr 7. Pant Ngr 8. Mool Cand 9. Sri Fort Road 10. Saikh Sarai Ph-Ii 11. A.N.Sec-4 12. Deoli Vill.

27 23.3 37 22 15

427 Nizamuddin Rly.Station

Mehrauli 1.Nizamuddin Rly.Stn 2. Ashram 3. Od-I 4. Punj Sons5. Kalkaji 6. O.S. Communication 7. Sheikh Sarai Ph-Ii 8. A.N.Terml 9. J-Blk.Saket 10. Sadlajab 11. Lado Sarai12. Mahreauli

18 21.9 18 11 7

A NNEXURE

1



February 2008 60


Actual STA Buses

Route length




440 N.D.Rly.Sta

tion Gate No.2

Ambedkar Nagar

(Terminal)

1. N.D.Rly.Station Gate-I 2. Scindia House 3. Baroda House 4. Shahjahan Road 5. Ravindra Ngr 6. Lodhi Cly. 7. Defence Cly. 8. Central School 9. Sant Ngr 10. Kalkaji 11. Dda Flats Kalkaji 12. Hamdard Ngr 13. A.N. Terminal.

19 19 15 9 6


Greater Kailash Part-2

1. Mori Gate 2. Yamuna Bzr 3. Shanti Van 4. Delhi Gate 5. Supreme Court 6. Sunder Ngr 7. Pant Ngr 8. Mckr Hosp 9. Archna Cinema 10. Sant Ngr 11. Kalkaji 12. Dda Flats Kalkaji 13 .Gr. Kailash-Ii.

0 23.5 13 8 5


Maidan Garhi

1. Mori Gate 2. Red Fort 3. Delhi Gate 4. Supreme Court 5. Sunder Ngr 6. Pant Ngr 7. Mool Chand Hosp 8. Sri Fort 9. Saikh Sarai Ph-Ii 10. Pushap Vihar Sec.3 11. J.Block Saket 12. Neb Sarai 13. Maidan Garhi .

0 22.5 12 7 5

463 Okhla Enclave.

Mehrauli 1. Okhla Encl 2. Okhla 3. Holi Family Hosp 4. Modi Floor Mill5. Punj Sons 6. Kalkaji Dda Flats 7. Hamdard Nagar8. A.N.Terml 9. Said-Ul-Zaib 10. Lado Sarai 11. Mehrauli.

4 15.3 8 5 3

469 Ambedkar

Nagar (Terminal)

Anand Vihar (Terminal)

1. Anand Vihar Trml 2. Ppg Depot 3. Shakarpur 4. Mother Dairy 5. Pushta Xing 6. East Road Bridge7. Sarai Kale Khan 8. Ashram 9. Od-I 10. Punj Sons 11.Dda Flats Kalkaji 12. Hamdard Ngr 13. A.N.Terminal

32 28 45 27 18

521

Ambedkar Nagar Sec 5

(Dakshin Puri)

Rajinder nagar mkt

AN- sec5 Sheikh sarai-II sirifort rd mckr hospital defence cly lodhi cly prithviraj rd. national museum shivaji std. mandir marg pusa rd petrol pump / a.s.rd rajinder mkt. 0 20.5 11 7 4

522 Ambedkar

Nagar (Terminal)

Arya samaj Rd

AN terminal Sheikh sarai-II sirifort rd mckr hospital defence cly lodhi cly prithviraj rd. national museum shivaji std. mandir marg pusa rd petrol pump / a.s.rd rajinder mkt.

27 19.3 31 19 12



February 2008 61


Actual STA Buses

Route length




534 Anand Vihar

(Terminal)

Mehrauli 1. Anand Vihar(T) 2. Ppg 3. Balco Apptt.4. Mother Dairy 5. Pusta Xing 6. East Rd. Bridge 7. Sarai Kalekhan8. Maharani Bagh 9. Holi Family 10. Modi Mills 11. N.P.Trml12. O.S.Communication 13. Seikh Sarai Ph-Ii 14. Khirki Vill.15. Pts 16. Mehrauli

43 28 45 27 18

526 Kamla Market

Hamdard Nagar

1. Kamla Mkt 2. Sc.House 3. National Musium 4. P.R.Rd,5. Lodhi Cly 6. Defence Cly 7. Mool Chand 8. Sri Fort Rd,9. Saikh Sarai Ph-Ii 10. A.N.Terml 11. Hamdard Nagar

1 21.4 11 7 4

450 Anand Parbat

Jal Vihar (Terminal)

1. Anand Parbat 2. Db Gupta Mkt 3. Ps Pahar Ganj 4. Sc.House 5. Baroda House 6. Shahjahn Road 7. Bharti Ngr 8. Defence Cly 9. Mckr Hosp 10. Lajpat Ngr Double Story11. Jal Vihar Terminal.

5 18 9 6 3

56 New Delhi Rly.Stn Gate No. 1

CPWD Colony Vasant Vihar

1. N.D.Rly. Station Gate No-1 2. Scindia House 3. Baroda House 4. Shahjahan Road 5. Bharti Ngr 6. Lodhi Cly 7. S.J.Air Port 8. I.N.A.Cly. 9. S.N.Depot 10. Mohd. Pur 11. R.K.Puram S-I 12. R.K.Puram S-6. 13. C.P.W.D.Cly. Vasant Vihar

0 21.6 12 7 5

66 JawaharLal Nehru Stadium

Vasant Kunj Sec.C-9

1. Jln. Stadium 2. Lodhi Cly. 3. S.J.Air Port 4. S.J. Hospital 5. Mohmand Pur 6. Rk Puram Sec-I 7. S.M.Temple 8. Vv Depot 9. Power House 10. Manav Sthali 11. Vasant Kunj C-9.

0 16.2 9 5 4

602 Red Fort

Vasant Kunj Sec C-9

1. Red Fort 2. Delhi Gate 3. Vivekanand Marg 4. Jant. Manter 5. Krishi Bhawan 6. P.S Tuglak Rd.7. Race Course 8. Viney Marg 9. Moti Bagh 10. R.K.Puram -I 11. S.M. Temple 12. Cpwd Cly Vasant Vihar 13. Power House 14. Manav Sathli School 15. Vasant Kunj C-9

0 30 16 10 6

604 N.D.Rly.Station Gate No.2

Vasant Kunj Sec.A

1. N.D. Rly Stn Gate No-2. 2. Palika Kend. 3. Kirishi Bhawan 4. Teen Murti 5. Ussr Ambessay 6. Moti Bagh -I 7. S.M.Temple 8. V.V. Depot 9. Power House 10 .

27 21.1 34 20 14



February 2008 62


Actual STA Buses

Route length




Manavsathilischool 11. B- 3 Vasant Kunj 12. Vasant Kunj Sect-I School 11. B- 3 Vasant Kunj 12. Vasant Kunj Sect-I


Vasant Kunj Sec C-9

1. Mori Gate T. 2. Red Fort 3. Delhi Gate 4. Supreme Court 5. Shahjanh Rd. Prithvi Raj Rd.7. S.J. Air Port 8. S.J. Hospital9. Iit Gate 10. Quitab Enclave 11. Jnu Sect-13. 12. B-3 V. Kunj 13. Manav Sathli School 14, Vasant Kunj C-9

0 28.5 15 9 6

606 Vasant Kunj Sect-A.

NizamuDdin Rly. STN.

1. Nizamuddin 2. P.S Nizamuddin 3. Jnu 4. Defence Cly. 5. A.I.I.M.S 6. Mohmand Pur7. R.K. Puram -I 8. S.M. Tampal 9. V V Depot10. Hill Area 11. Manav Sthali School 12. Vasant Kunj Sec-A

0 23.1 12 7 5

610 Anand Parbat

R.K. Puram Sec-1

1. Anand Parvat 2. D.B. Gupta Mkt.3. Mandir Marg.4. Rml Hosp.. Kend T. 6. Kirshi Bhawan 7. P.S Tuglak Rd. 8. Race Course9. Viney Marg 10. S.N. Depot 11. S.J. Enclave 12. R.K. Sect-I

16 21.5 17 10 7

616 Kend.Terminal

Vasant Kunj Sec.-A

1. Kend T. 2. Krishi Bhawan 3. Ps. Tuglak Rd. 4. S.J. Air Port 5.Ina Mkt 6. S.N. Depot 7. Mohd Pur 8. R.K.Puram –I 9. N.I.H.F.W 10. B-3 Vasant Kunj 11. Vasant Kunj Sect-A

0 21.3 11 7 4

620 Shivaji Stadium

Hauz Khas (Terminal)

1. Shivaji Std.2. Palika Kend 3. Kirshi Bhawan 4. Teen Murti 5. Ussr Embassay 6. Moti Bagh -I 7. S.M. Temple 8. Iit Hostel9. Hauz Khas Terminal

16 15 12 7 5

615 Minto Road (Terminal)

Poorvanchal Hostel

1. Minto Rd T. 2. Scindia House/Merina 3. National Museum 4. Pirthvi Raj Rd. 5. S.J. Air Port 6. Ina Cly Mkt. 7. S.N. Depot 8. Mohd Pur 9.Iit Hostel 10. Munirka 11. Godavari Hostel 12.Purvanchal Hostel

15 18.5 15 9 6



February 2008 63


Actual STA Buses

Route length




641 Bara Tooti

CPWD Colony

Vasant Vihar

1. Bara Tooti 2. Chitra Gupta Rd. 3. Shivaji Stadium 4. Palika Kend 5.Krishi Bhawan 6. Teen Murti 7. Ussr Emby8. Moti Bagh -I 9. R.K. Puram -I 10. S.M. Temple 11. Modern Sch.12. C.P.W.D Cly Vasant Vihar

0 15.7 8 5 3

632 Mori Gate Trml.

Nanak Pura Comm.Centr

e

1. Mori Gate T. 2. Red Fort 3. Delhi Gate 4. Mandi House 5. Regal 6. Kirshi Bhawan 7. Teen Murti 8. Ussr Embassay9.Moti Bagh -I 10. Nanak Pura Community Centre

0 19.2 10 6 4

666 Purvanchal Hostel

Purvanchal Hostel

Purvanchal Hostel, Godavari Hostel, JNU, RK Puram-1, Nauroji Ngr, SJ Hosp, IIT Gate, Qutab Enclav, JNU, Godavari Hostel, Purvanchal Hostel

0 18.9 10 6 4

430 Kend.Terminal

Badarpur Bdr. (New M. B. Road)

1. Kend. Terminal 2. Krishi Bhawan 3. Shahjahan Road4. Bharti Ngr 5. Cgo Complex (Ispat Bhawan ) 6. Pant Ngr .7. Mckr Hospital 8. Sant Ngr 9. Kalka Ji 10. Dda Flats Kalkaji 11. Hamdard Ngr 12. Tughalkabad Village 13. Prehlad Pur 14. Badar Pur Bdr.

0 26 14 8 6

581 Kend.Terminal

Devli Village 1. Kend.Terminal 2. Krishi Bhawan 3.Ps Tuglak Road 4. S.J.Airport 5. S.J.Hospital 6. Iit Gate 7. Pts 8. Khirki Village9. Saikh Sarai Ph-Ii 10. A.Ngr Terminal 11.Devli Vill.

11 15.7 13 8 5

511 Badarpur Bdr. (New M. B. Road)

Dhaula Kuan 1. Badarpur Border 2. Prehladpur 3. Tuglakabad Vill.4. Hamdard Ngr 5. Dda Flats Kalkaji 6. Kalkaji 7. O.S.Comm.8. Swami Ngr 9. Panchsheel Encl. 10. I I T Gate 11. Qutab Encl12. Jnu 13. R.K.Puram-I 14. Moti Bagh 15. Dhaula Kuan

19 28.2 23 14 9

Total 327 671.2 km 547 330 217

Note :

(1) It may be noted that the aforesaid grouping is indicative and subject to changes at the RFP stage.

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