REQUEST FOR PROPOSAL (RFP)

FOR

MULTI-SPECIALTY HOSPITAL
ON

PUBLIC PRIVATE PARTNERSHIP (PPP) BASIS

AT

Sector-67, Gurugram, Haryana

Chief Executive Officer

Gurugram Metropolitan Development Authority
Plot No: 44, Sector 32
Gurugram 122003, Haryana
www.gmda.gov.in
 TABLE OF CONTENTS
1. Disclaimer…………………………………………………………………………………………………………………...3
2. Objectives……………………………………………………………………………………………………………………5
 GMDA……………………………………………………………………………………………………………………6
 Gurugram Healthcare Profile………………………………………………………………………………….7
3. PHP Brief……………………………………………………………………………………………………………………9
4. PHP Implementation………………………………………………………………………………………………….11
5. Instructions to Bidders………………………………………………………………………………………………26
 General…………………………………………………………………………………………………………………..26
 Information on Electronic Tendering Process………………………………………………………….27
 General Conditions…………………………………………………………………………………………………34
 No. of Proposals……………………………………………………………………………………………………..35
 Proposal Preparation……………………………………………………………………………………………..36
 Verification of Documents………………………………………………………………………………………36
 Clarification by Bidders………………………………………………………………………………………….36
 Amendment of RFP Documents………………………………………………………………………………37
 Pre Proposal Meeting……………………………………………………………………………………………..37
 Miscellaneous other Provisions………………………………………………………………………………38
 Disqualifications……………………………………………………………………………………………………38
 Preparation & Submission of Proposals………………………………………………………………….42
 Bid Security…………………………………………………………………………………………………………...45
 Validity of Proposals………………………………………………………………………………………………46
 Bidders responsibility…………………………………………………………………………………………….46
 Proposal Due date…………………………………………………………………………………………………..47
 Late Proposal………………………………………………………………………………………………………….47
 Modification & withdrawal of proposal……………………………………………………………………47
 Confidentiality………………………………………………………………………………………………………..48
 Clarification Sought by GMDA………………………………………………………………………………….48
 Right of GMDA………………………………………………………………………………………………………...48
6. Definitions………………………………………………………………………………………………………………..50
7. Bid Evaluation & Selection…………………………………………………………………………………………52
 Bidders Eligibility Conditions……………………………………………………………………………......53
 Bid Evaluation Criteria………………………………………………………………………………………….56
 Selection of Successful Bidder……………………………………………………………………………….61
 Notification & Acknowledgement of LOA……………………………………………………………….62
8. Appendix……………………………………………………………………………………………………………………66

2
Disclaimer

The information contained in this Request for Proposal document (the “RFP”) or
subsequently provided to Bidder(s), whether verbally or in documentary or any other
form, by or on behalf of Gurugram Metropolitan Development Authority (“GMDA”) or
any of its employees is provided to Bidder(s) on the terms and conditions set out in this
RFP and such other terms and conditions subject to which such information is provided.
This RFP is not an agreement and is neither an offer nor invitation by GMDA to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in the formulation of their bid for
qualification pursuant to this RFP (the “Bid”). This RFP includes statements, which
reflect various assumptions and assessments arrived at by GMDA in relation to the
Project. Such assumptions, assessments and statements do not purport to contain all the
information that each Bidder may require. This RFP may not be appropriate for all
persons, and it is not possible for GMDA, its employees to consider the investment
objectives, financial situation and particular needs of each party who reads or uses this
RFP. The assumptions, assessments, statements and information contained in this RFP
may not be complete, accurate, adequate or correct. Each Bidder should therefore,
conduct its own investigations and analysis and should check the accuracy, adequacy,
correctness, reliability and completeness of the assumptions, assessments, statements and
information contained in this RFP and obtain independent advice from appropriate
sources.

Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of
which may depend upon interpretation of law. The information given is not intended to
be an exhaustive account of statutory requirements and should not be regarded as a
complete or authoritative statement of law. GMDA accepts no responsibility for the
accuracy or otherwise for any interpretation or opinion on law expressed herein.

GMDA, its employees make no representation or warranty and shall have no liability to
any person, including any Bidder or Bidder, under any law, statute, rules or regulations or
tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost
or expense which may arise from or be incurred or suffered on account of anything
contained in this RFP or otherwise, including the accuracy, adequacy, correctness,
completeness or reliability of the RFP and any assessment, assumption, statement or
information contained therein or deemed to form part of this RFP or arising in any way
with pre-qualification of Bidders for participation in the Bidding Process.

3
GMDA, its employees accepts no liability of any nature whether resulting from
negligence or otherwise howsoever caused arising from reliance of any Bidder upon the
statements contained in this RFP.

GMDA may, in its absolute discretion but without being under any obligation to do so,
update, amend or supplement the information, assessment or assumptions contained in
this RFP.

The issue of this RFP does not imply that GMDA is bound to select and short-list pre-
qualified Bids for Bid Stage or to appoint the selected Bidder, as the case may be, for the
Project and GMDA reserves the right to reject all or any of the Bids or Bids without
assigning any reasons whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its Bid including but not limited to preparation, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be
required by the GMDA or any other costs incurred in connection with or relating to its
Bid. All such costs and expenses will remain with the Bidder and the GMDA shall not be
liable in any manner whatsoever for the same or for any other costs or other expenses
incurred by any Bidder in preparation or submission of the Bid, regardless of the conduct
or outcome of the Bidding Process.

4
1.1 Objectives

The purpose of this request for proposal (“RFP”) is to invite eligible Bidders to prepare
and submit Proposal to design, construct, partially finance, equip, operate and maintain
the Public Healthcare Project (“PHP”) under a long-term shareholder agreement
(“SHA”).

 Gurugram Metropolitan Development Authority (GMDA) is keen to establish a

modern healthcare facility, which combines the best quality practices of private
hospitals and the Government responsibility of providing affordable and low cost
healthcare.

 GMDA is looking to enter into a partnership through a joint venture to establish

initially a 500-bed (to be potentially further scaled up on the basis of demand
flow) modern, state-of-the-art hospital providing high quality healthcare at
affordable cost.500 beds is intended to be established in 2 phases: phase A –200
by 2 years, and phase B – 500 (5 years).

 The PHP will be developed in a PPP mode, and the Partner Entity will collaborate
with GMDA in planning, partially financing, designing, operating and
maintaining the PHP under a long-term SHA.

 GMDA is interested in partnering with an organization or organizations who

would be able to provide an innovative solution which ensures low capital cost,
green design, effective leasing of state-of-the-art medical diagnostics equipment,
outsourcing auxiliary facilities (e.g., diet kitchen, laundry, waste management,
security and other non-medical facilities), developing concessionaires for
diagnostics and Pharmacy, and sourcing Corporate Social Responsibility (CSR)
and donation funds for project development and ongoing operations.

 Affordability as a concept has lot to do with the per capita income. Affordable
levels are normally between 10–20% of the best private healthcare. Affordable
cost structure for the PHP is defined by NHPS (National Health Protection
Scheme)under Ayushman Bharat or CGHS (Central Government Health
Scheme)rates, whichever is lower. It is true that to establish any hospital to extend
best healthcare one needs to have specialized and experienced doctors, trained
nursing and paramedic staff, state-of-the-art technology, quality infrastructure and
efficient quality administration. In the PHP, the principal objective is to deliver
the desired quality of healthcare services while at the same time controlling the
cost structure through efficient design, planning, implementation and operations.

5
1.2 Gurugram Metropolitan Development Authority

1.2.1 Gurugram Metropolitan Development Authority (GMDA) came into existence on

August 12, 2017, under the Gurugram Metropolitan Development Authority
Ordinance, 2017. The Ordinance has been replaced by an Act of the Legislature
of the State of Haryana and notified on 5thDecember, 2017. GMDA has the
mandate to develop a vision for the continued, sustained and balanced growth of
the Gurugram Metropolitan Area through quality of life and reasonable standard
of living provided to residents through generation of employment opportunities,
to provide for integrated and coordinated planning, infrastructure development
and provision of urban amenities, mobility management, sustainable management
of the urban environment and social, economic and industrial development, to
redefine the urban governance and delivery structure in coordination with local
authorities in the context of the emergence of Gurugram as a rapidly expanding
urban agglomeration. (GMDA Act, 2017, is enclosed at Appendix A).

1.2.2 Section 27(2) of the GMDA Act, 2017, empowers GMDA to promote, collaborate
in and facilitate the establishment of affordable hospitals in the Gurugram
Metropolitan Area.

1.2.3 GMDA is interested in establishing an affordable hospital in the Public Private

Partnership (PPP) mode that aims to reduce cost for tertiary healthcare while
ensuring affordable cost, good quality and adequately staffed hospitals. The
framework for the PPP based affordable hospital is being developed to encourage
philanthropy in the tertiary healthcare sector through charitable institutions and
private sector participation, while retaining oversight over affordability and
quality of care.

1.2.4 Accordingly, GMDA proposes to establish a 500-bed Multi-Specialty Hospital in

PPP mode, with the objective of providing low/affordable cost and high quality
healthcare on 7.26 acres land available with it in sector 67, Gurugram, Haryana.
The said land has been earmarked for the purposes of establishing a Multi-
Specialty Hospital.

1.2.5 The project will be undertaken by a Partner in Joint Venture with GMDA through
a newly formed Special Purpose Vehicle (“SPV”) to design, construct, partially
Finance, equip, operate and maintain a 500 bedded Multi-Specialty Hospital in
Sector-67, Gurugram on Public Private Partnership (PPP) basis.

1.2.6 GMDA intends to identify a suitable Bidder (the “Partner”) who will enter into
the joint venture partnership to establish the Project through an open competitive
bidding process in accordance with the procedure set out herein.

6
1.3 Gurugram Healthcare Profile

1.3.1. Gurugram is a dynamic and vibrant commercial city in Haryana. It is one of

Delhi's four major satellite cities and is part of the National Capital Region
(NCR). Over the past 10 years the city has witnessed rapid development and
construction activity.

1.3.2. As per estimates Gurugram had a population of 9.7 lakhs (2011 census) but as per
current estimate the population of Gurugram has reached 20 lakhs. The population
is growing a rapid pace of around 7% annually and is expected to be about 42
lakhs by 2031.

1.3.3. Gurugram is turning out to be an industrial and information technology hub in

India and in the world. This brings with it highly skilled professionals from across
India and the world. The city of Gurugram alone shores 0.6% of India‟s GDP and
it has a per capita income of Rs. 6 lakh.

1.3.4. The city of Gurugram has also emerged as a major center for high quality Health
Care with large number of super specialty hospitals such as Medanta MediCity,
Fortis, Paras, Artemis and Max etc. The presence of these hospitals has promoted
Medical Tourism in Gurugram. There are approximately 90 small, medium & big
hospitals in Gurugram having combined capacity of over 5440 beds.

1.3.5. Even though the city of Gurugram has strong hospital capacity only 25% of bed
capacity can be considered to be relatively affordable by middle and lower middle
class citizens and far beyond the reach of poor.

1.3.6. The rapidly developing city of Gurugram brings with it a large number of
migrants who need affordable healthcare. The healthcare demand emanating from
the city alone (does not include medical tourism demand and demand from nearby
city of Delhi and areas in the vicinity of Gurugram is expected to grow rapidly,
the numbers are summarized below:

7
 Table 1: Healthcare Demand of Gurugram city

2017 2030

Population Estimate 2 Million 4.2 Million

Annual OPD Inflow Estimate 2.8 Million 7.0 Million

Annual IPD Inflow Estimate* 180,000 450,000

Bed Demand* (Numbers) 3000 7500

 Does not include demand arising from nearby districts.

8
2. Public Healthcare Project (PHP) Brief

To provide affordable, accessible, efficient, quality

healthcare services at Gurugram (Haryana)by
2.1 Objective establishing a modern, state-of-the-art, Multi-Specialty
Hospital on Partnership Mode.

2.2 Project Name Multi-Specialty Hospital Public Healthcare Project

500 beds (and scalable with increased beds), modern
multi-specialty hospital with atleast three Super-
Specialty Services, complying with norms laid under
Bureau of Indian Standards(BIS)/ Indi a n P ubli c
Heal t h S t andards (IPHS)/ NA B H (National
Accreditation Board for Hospitals and Healthcare
Providers) besides applicable guidelines/ policies of
State and Central Government.

500 beds to be implemented in 2 phases: 200 (two

hundred) bed hospital in twenty four months from the date
of issue of the letter of acceptance (“LoA”) being the
2.3 Proposed Facilities
scheduled commencement of operations date (“Phase I
SCOD”) and Phase II involves the capacity augmentation
of the PHP to 500 (five hundred) beds in sixty months from
the date of issue of LoA being the scheduled completion
of first expansion phase date (“Phase II SCFED”). The
PHP shall be designed to have the capacity of 700 (seven
hundred) beds. The capacity of the PHP will be increased
from 500 (five hundred) beds to 700 (seven hundred) beds
in such manner as approved by the Board of Directors of the
SPV, with the prior approval of GMDA and in accordance
with the Annual Business Plan.

2.4 SITESPECIFICATIONS
2.4.1 Location Sector 67, Gurugram, Haryana

2.4.2 Ownership of land Gurugram Metropolitan Development Authority

2.4.3 Area 7.26 Acres

9
 Allowable Area for
2.4.4 44073.12 Sqm.
Construction
2.5 PPPFRAMEWORK
Joint Venture with GMDA (50:50) with INR 100 Crore
(Rupees One hundred crore) as initial equity share
capital. The PHP will be financed by the equity of both
2.5.1 PPP Model partners and balance raised through long-term loans or
other means of finances including CSR and donation
funds led by the Partner and mutually agreeable
between both parties.

A Special Purpose Vehicle (SPV or “Hospital

Company”) will be formed for implementation of the
project and its further operations and maintenance. Land
Implementation
2.5.2 shall be provided by GMDA to the SPV on Lease at a
Framework
nominal lease rent up to March 31, 2026. The PHP shall
be constructed and managed by SPV under the
Shareholders Agreement as specified herein.
Partnering Public Gurugram Metropolitan Development Authority
2.5.3 Authority (GMDA) through its Chief Executive Officer

Quality of healthcare shall be monitored through

accreditation agencies on the basis of NABH and NABL
Monitoring
parameters annually by the SPV and as and when
2.5.4 Mechanism
required by GMDA. The PHP shall be developed and
run in accordance with the Shareholders Agreement
between GMDA and the Partner.

2.6 Indicative capital cost of establishing a modern 500-bed state-of–the-art, multi-

specialty hospital (the “Estimated Project Cost”) is around Rs. 250 Crore
(excluding medical diagnostics equipment, pathology and radiology equipments
land and working capital). The assessment of project cost, however, will have to
be made by the Bidder and submitted along with his/her Bid pursuant to this RFP.

2.7 GMDA shall receive Bids pursuant to this RFP in accordance with the terms set
forth herein as modified, altered, amended and clarified from time to time by the
GMDA, and all Bids shall be prepared and submitted in accordance with such

10
 terms on or before the date specified for submission of Bids (the “Proposal Due
Date”).

3. Public Healthcare Project Implementation

3.1 This Section summarizes the principal terms for a “Public Healthcare Project”
(“PHP”) sponsored by Gurugram Metropolitan Development Authority (“GMDA”)
and a partner (“Partner”) to be selected pursuant to competitive bidding for setting up
and operating a multi-specialty 500 (five hundred) bed hospital in Sector-67, Gurugram
on Public Private Partnership basis with facilities described in the Request for Proposal
(“RFP”) document for competitive bidding.

3.2 The PHP will be implemented through a Special Purpose Vehicle (“SPV”) to be
incorporated by GMDA and the Partner. PHP will be implemented in 2 [two] phases.
Phase I involves the construction and commencement of operation of a 200 (two
hundred) bed hospital in twenty four months from the date of issue of the letter of
acceptance (“LoA”) being the scheduled commencement of operations date
(“Phase I SCOD”) and Phase II involves the capacity augmentation of the PHP to 500
(five hundred) beds in sixty months from the date of issue of LoA being the scheduled
completion of first expansion phase date (“Phase II SCFED”). The PHP shall be
designed to have the capacity of 700 (seven hundred) beds. The capacity of the PHP
will be increased from 500 (five hundred) beds to 700 (seven hundred) beds in such
manner as approved by the Board of Directors of the SPV, with the prior approval of
GMDA and in accordance with the Annual Business Plan.

3.3 The table below encapsulates the principal terms and conditions of the
Shareholders Agreement to be signed with the Partner identified through a
competitive bidding process in terms of this RFP.

1. Structure SPV will be incorporated under the provisions of the

Companies Act, 2013 (the “Companies Act”).

2. SPV Activity The key objective is provide affordable, accessible,

efficient, quality healthcare services at Gurugram
(Haryana) by establishing a modern, state-of-the-art,
Multi-Specialty Hospital on Partnership Mode.
Accordingly, the pricing of PHP services to patients
will as determined through the competitive bidding

11
process based on the terms and conditions contained
in the RFP.

Implementation and operation of the PHP: This

includes performing all tasks required in connection
with the designing, financing, construction, operations
and maintenance of the PHP. It is recognized that
some of the activities – for example, medical
diagnostics, pathology lab and other laboratories,
radiology and pharmacy – may be outsourced by the
SPV to any third party in accordance with the
provisions of Shareholders Agreement and
Procurement Guidelines as annexed to Shareholders
Agreement (“SHA”).

SPV will implement, manage, and operate the PHP

based on the approved Master Plan (“MP”) and
Detailed Project Report (“DPR”). Partner will
prepare the MP and the DPR within ninety days from
the date of issue of the LoA. The MP and DPR will be
submitted by the Partner to GMDA and will become
final only upon approval of MR and DPR by GMDA.
Any amendments or modifications in the MP and
DPR will similarly be subject to GMDA‟s approval.

GMDA will have the right to appoint an independent

agency for the purposes of ascertaining the
construction of the PHP, including its quality, in
terms of the approved MP and DPR. The fee for such
agency will be borne by GMDA

The SPV will undertake annual inspection of the PHP

to ensure that it conforms to the quality of healthcare
provided based on NABH and NABL parameters. The
cost of such annual inspection is to be borne by the
SPV. Additionally, GMDA will at all times have the
right to undertake, on its own or by appointing an
independent agency, inspection of the PHP at its own
cost. In such an event the SPV shall provide support
to GMDA during such inspection.

12
 GMDA will have an irrevocable and unconditional
right to recover any costs incurred by GMDA on
account of default of the Partner by setting off such
costs from any amounts that remain due and payable
to the Partner by GMDA.

3. Name of the SPV Simultaneously with the signing of the SHA, the
Partner will propose a panel of names for the SPV.
GMDA shall endeavour to reach mutual agreement
with the Partner on the proposed name within the
period of 15 days thereafter. However, in case no
agreement can be arrived at then the name of the SPV
shall be decided by GMDA within 7 days from the
end of the said 30 days from the date of signing of the
SHA.

Within 15 (Fifteen) days from the signing of the

Shareholders Agreement, the Partner shall deliver the
draft of the Memorandum of Association and the
Articles of Association of the SPV for GMDA‟s
approval. The Articles of Association shall include
and contain the terms of the SHA faithfully and true
to its context. GMDA will be entitled to identify its
rights it wants to be described as entrenched rights in
terms of Section 5(3) of the Companies Act, 2013,
and the Articles of Association will include these as
entrenched rights. GMDA shall endeavour to reach
mutual agreement with the Partner on
the Memorandum of Association and the Articles of
Association within the period of 30 (Thirty) days
thereafter. However, in case no agreement can be
arrived at then the Memorandum of Association and
the Articles of Association shall be decided by
GMDA within the parameters of the SHA within a
period of 10 (Ten) days from the expiry of the period
of 45 (Forty five) days from the date of signing of the
SHA.

13
4. Role of the Parties GMDA and the Partner undertake to act reasonably
and in good faith towards each other in the exercise of
their rights and obligations with regard to the
objectives of the SPV and for implementation of the
PHP.

The Parties recognize that the SPV will be responsible

for the day-to-day management and continued
operation of the PHP.

GMDA will be responsible for:

(i) Providing 7.26 (seven point twenty six) acres of

land on a nominal lease rate to the SPV. Such
nominal monthly lease rate will be INR 100
(Rupees One hundred only) up to March 31, 2026
and thereafter, commencing from April1, 2026
shall be 5% (five per cent) and until the end of the
term, the annual lease rental will be equal to 5%
(five per cent) of the Operating Revenues of the
Hospital Company for that financial year. The
term of the lease will be 30 (thirty) years from the
date of execution of the SHA;
(ii) Infusing 50 (fifty) percent of the equity capital of
the SPV that is infusing an amount of Rs 50
crores;

(iii) Approving operational contracts prior to bidding

for pharmacy, medical diagnostics, pathology and
other labs, radiology proposed to be entered into
by the SPV; and
(iv) Providing assistance on a best effort basis for
securing requisite clearances as required by SPV
for implementing and operating the PHP.

The Partner will undertake management of the PHP on

an on-going basis and will be responsible for, amongst
others, the following:

14
(i) Preparation of MP;
(ii) Preparation of the DPR;

(iii) Infusing 50 (fifty) percent of the equity capital of

the SPV – that is infusing an amount of Rs 50
crores;

(iv) Procuring clearances for the SPV for the purpose

of the setting up and operations of the PHP;

(v) Construction of the PHP and equipping the PHP

for operations;

(vi) Provide for at least three super-specialty areas in

the hospital namely oncology, cardiology and
neurology;

(vii) Operations, through the SPV, (including hiring of

professional, administrative and support staff) and
maintenance of the PHP as per the required
service level requirements;

(viii)Ensuring, through the SPV, successful

implementation and operation of the PHP and its
continued operations at standards of efficiency as
per NABH and NABL parameters, capacity
utilization and the fee elements of the PHP.
(“Performance Standards” and “Pricing &
Utilization Norms”); and

(ix) Through the SPV, implement and operate the PHP

in accordance with the annual business plan as
approved by the SPV. Such annual business plan
will be consistent with MP and DPR.

15
5. Share Capital and Capitalization and Additional Funds
Initial Funding (i) Ownership Percentages
(a) GMDA : 50 % (fifty percent); and
(b) Partner: 50% (fifty percent)
The Parties are required to maintain the
shareholding in the SPV as described above at all
times.

(ii) Share Capital

(a) Authorized Share Capital: INR 100 (Rupees
One Hundred) Crore consisting of One crore
equity shares of face value of INR 100
(Rupees One Hundred) each.
(b) Issued Share Capital: INR 100 crore
consisting of One crore equity shares of face
value of INR 100 (Rupees One Hundred)
each.

(iii) Project Cost

The project cost for the PHP will be estimated
and itemized in the DPR. This shall be based on
the Optimum Project Capital cost bid in response
to the RFP submitted by the Partner identified
through the competitive bidding process
(Evaluation Parameters Quote Please See 6.4.4.
of RFP);

(iii) Initial Contribution

Each Party will contribute 50% of the paid up
share capital of the SPV and will be allotted 50
lakh equity shares. Simultaneously with the
signing of the SHA, GMDA and the Partner shall
subscribe to 1,00,000 (one lakh) Shares and pay in
the full the subscription amount of Rs. 1,00,00,000
(Rupees one crore) each. Within 30 (thirty) days
of formation of SPV, the Partner shall subscribe to
49,00,000 (Forth nine lakhs) Shares by remitting
to the Hospital Company in cash subscription
amount equal to INR 49,00,00,00 (Forty nine

16
 crores rupees). GMDA‟s contribution shall follow
the Partner‟s contribution in 15 days thereafter.

(iv) Debt Financing

SPV may raise a long term loan for such amount
not exceeding the amount specified as optimum
project capital cost in the bid submitted in
response to the RFP by the Partner identified
through the competitive bidding process less INR
100 crore (Rupees One Hundred crore) and after
deducting the funding garnered through CSR
obligations or other contributions. Such loan
amount and interest thereon (but excluding penal
interest, if any) would be guaranteed by GMDA
(“Initial Loan”).

(v) Obligation to guarantee JV Loans and other

obligations
Partner will, at its own costs and expense -

(a) raise any additional loan as required beyond

the Initial Loan including those mentioned in
serial no. 6 on “Independent Financing (Cost
Overruns etc.)”; and
(b) guarantee or offer such other support as
required to any financial institution/bank or
any third party in connection with any money
raised or borrowed, in excess of the Initial
Loan, without creating any encumbrance on
the SPV.

6. Independent Any additional funding as required for or in connection

Financing (Cost with the PHP (for any cost overrun or otherwise) shall
Overruns etc.) be arranged by the Partner.

7. Management of JV Board of Directors

(i) Size of Board

9 (nine).

17
 (ii) Board

(a) Composition: Partner will appoint up to 5

(five) Directors and the GMDA will appoint 4
(four) Directors on the Board.
(b)Chairperson: To be appointed by GMDA from
amongst its Directors.
(c) Managing Director: The Partner shall select
and nominate one of its nominee directors as
the Managing Director. The Managing
Director shall be responsible for the day to day
management of the SPV.
(iii) Quorum
At least 5 (five) Directors, provided at least 3
(three) GMDA and 2 (two) Partner Directors are
present.
(iv) Decisions of the Board

(a) Subject to the provisions of the Companies Act,

all decisions, except those matters described
as the Reserved Items (“Reserved Items”)
listed in Annexure C of the SHA, shall be
taken by simple majority of Directors present
and voting.
(v) Expenses for Meetings
Each Party will bear the expenses incurred for its
nominee Directors for attending the Board
meetings and the general meetings. No payment or
remuneration shall be made by the SPV to the
Directors attending Board meetings, general
meetings or any other meeting. However, in case
any of the Directors is present in a meeting
through electronic mode then the cost of
arrangements for the electronic mode shall be
borne by the SPV.

8. Maintenance of The Partner shall ensure that the operations of PHP are
Performance carried out as per the Performance Standards in
Standards accordance with the accreditation standards set out by
the National Accreditation Board for Hospitals and
Healthcare Providers (NABH) and National

18
 Accreditation Board for Testing and Calibration
Laboratories (NABL) set out in Annexure B. GMDA
shall have, at any time, the right to seek an evaluation
of performance standards through an independent
accredited agency notwithstanding the time elapsed
since the last such evaluation.

If the Performance Standards are not maintained for

(one) year in a block of 2 (two) years, GMDA will
have the right to seek a change in the management and
professional teams including the replacement any Key
Employee and other staff of the Hospital Company.
When such demand is made by GMDA, Partner will
be obliged to make appropriate changes to the
management to the satisfaction of GMDA.

If the Performance Standards are not maintained for 2

(two) consecutive years, GMDA will have the right to
terminate the Agreement. If the Pricing & Utilization
Norms are not adhered to then GMDA shall have the
right to terminate this Agreement.

9. Prohibitions (i) The Partner will maintain its shareholding in the

SPV at all times and will not be entitled to
transfer its shares in the SPV without the prior
written consent of GMDA for a period of ten
years from the date of signing of this Agreement
or a period of five years from the date of Phase II
SCFED, whichever is later. Consent for transfer
of shares shall be considered by GMDA only
where the transferee satisfies eligibility
conditions prescribed in the RFP.

(ii) At all times, GMDA shall have the Right of First

Refusal on the shares held by the Partner, and on
the same terms and conditions as the Partner
proposes to transfer its shares. Detailed process
and terms are set out in the SHA

(iii) Change of control of the Partner shall be with the

consent of GMDA.

10. Deadlock Deadlock will mean the inability of the Board of

19
 Directors to agree on any action with respect to the
Reserved Items listed in the SHA (“Deadlock
Reserved Matter”) at any 2 (two) board or
shareholder meetings

SHA will have a mechanism for resolving the deadlock

through conciliation by the Chairperson of the Board
and beyond 15 (fifteen) days of the matter being sent to
Chairperson of the Board, conciliation through a
mediator appointed by the Principal Secretary, Town &
Country Planning Department.

If the deadlock is not resolved through conciliation, the

Partner will have the right to exit the SPV by selling its
shareholding in SPV to GMDA or its nominated
purchaser. The price will be equal to the fair market
value to be determined by a valuer appointed by
GMDA from the list of agencies as approved by the
Board of Directors with at least two-thirds majority of
Directors present and voting (“Approved Valuer”).
For avoidance of doubt, it is clarified that such
determination by an Approved Valuer shall not be
construed as expert adjudication or as arbitration.

11. Matters requiring SPV will not undertake any action with regard to any
consent of GMDA at Reserved Items set out in Annexure C of the SHA
the Board level and at without the prior written approval of GMDA.
the Shareholder’s
level

12. Related Party Any transaction between the SPV on the one part and
Transactions & Partner or/and its Affiliate on the other part, will be on
Conflict of Interest arm‟s length basis and in compliance with the
provisions of the Companies Act, 2013, and in
accordance with the Procurement Guidelines set out in
Annexure D of the SHA.

With respect to proposals received from the Partner

and its Affiliates for the Project Agreements, the Board
shall appoint an independent consultant for evaluation.
Decisions in this regard including appointment of an
independent consultant for evaluation, will be subject

20
 to approval from Chief Executive Officer, GMDA.

Conflict of Interest
Any nominee Director of the Partner shall be deemed
to be interested in any matter concerning such Party or
its Affiliate which is to be discussed or determined by
the Board. Such interested Director shall neither
participate in any proceeding of the Board in respect
thereof nor vote thereon.

The treatment of all Related Party Transactions shall

be in accordance with the provisions of the Companies
Act, the Related Party Transactions Policy as
formulated by the Board.

13. Termination The events of termination (“Termination Event”) will

be as follows:

(i) GMDA will have the right to terminate the SHA,

if the Partner undergoes an event of insolvency,
bankruptcy, or any other proceedings of a like
nature, which includes,

a. appointment of a receiver or trustee with

respect to the assets of the Partner, and such
appointment is not dismissed or withdrawn or
discharged within 60 (sixty) days, or
b. its dissolution of liquidation or any of its assets,
or
c. a resolution for its voluntary winding up being
passed, or
d. appointment of a liquidator or provisional
liquidator in any winding up petition or
insolvency petition, and such appointment is
not dismissed or withdrawn or discharged
within 60 (sixty) days; or
e. initiation of any corporate insolvency resolution
process under the Insolvency and Bankruptcy
Code, 2016; or

21
(ii) GMDA will have the right to terminate the SHA
in any of the following circumstances:

a. If there is delay in the implementation of the

PHP signified by failure to meet critical
milestones identified in the DPR;
b. If there is a delay in the commissioning of
Phase I SCOD by over 6 (six) months from
such specified date;
c. If there is a delay in commissioning the Phase
II SCFED, by over 1 (one) year from such
specified date;
d. If there is a default in payment of the Initial
Loan or interest thereon for a period of 3
(three) months;
e. If the Performance Standards are not
maintained for 2 (two) consecutive years;
f. If the Pricing & Utilization Norms are not
adhered to then GMDA shall have the right to
terminate this Agreement and upon such
termination the consequences set out in the
SHA will follow.
g. If the Partner is in material breach of any other
obligation undertaken by it in this Agreement,
and such breach is not rectified within a
period of 30 (thirty) days of a demand by
GMDA for rectification of that breach.
(iii) A Party is in material breach of the agreement,
whereby a period of 30 (thirty) days‟ notice shall
be provided to the defaulting party for curing the
defect. On failure to cure the default at the end of
30 (thirty) days‟ notice, a Termination Event shall
be deemed to have occurred.

(iv) The Partner will have the right to voluntarily exit

the PHP in case of default if GMDA (for reasons
solely attributable to GMDA):

(a) In providing land for the PHP as per the RFP;

(b) In contributing towards 50% of the paid up
share capital of the SPV; and

22
 (c) On failure to provide guarantee for Initial
Loan.

Consequences upon Termination:

The Termination shall not relieve either Party of any
obligation or liability accrued prior to the date of
termination.

Termination by Partner upon GMDA’s default: On

such termination, the Partner will sell all its Shares in
Hospital Company to GMDA or a purchaser nominated
by GMDA at a premium of 10% (ten percent) over the
fair value as determined by the Approved Valuer. The
transfer of such shares shall take place within 30
(thirty) days of the date of termination.

Termination by GMDA on Partner’s default: On

such termination, GMDA will have the right to require
Partner to sell its entire shareholding in the Hospital
Company to GMDA or its nominated purchaser. The
price for such sale will be at a 10% (ten percent)
discount to the fair value, not being less than the book
value, of the Shares, as determined by the Approved
Valuer. The transfer of such Shares shall take place
within 30 (thirty) days of the date of such Termination.
The sale price shall be further reduced by outstanding
interest, penal interest and penalties, if any, on the
Initial Loan.

Termination by GMDA on insolvency of Partner:

GMDA will have the right to require the Partner to sell
its entire shareholding to GMDA or its nominated
purchaser. The price for such sale will be at a 10% (ten
percent) discount to the book value of the Shares, as
determined by the Approved Valuer. The transfer of
such Shares shall take place within 30 (thirty) days of
the date of such Termination. The sale price shall be
further reduced by outstanding interest, penal interest
and penalties, if any, on the Initial Loan.

23
14. Miscellaneous (i) Dividends:
Provisions:
The SPV may in general meeting declare
dividends, but no dividend shall exceed the
amount of dividend recommended by the Board.
(ii) Audit and Accounts:

(a) Generally Acceptable Accounting Principles:

The Parties shall cause the SPV to keep true
and accurate accounts and records in
accordance with such accounting standards as
are required by or under the provisions of the
Companies Act, 2013;
(b) Information to Parties: The SPV shall supply
the Parties with the following information:

 The audited financial statements as

required under generally acceptable
accounting principles of the SPV for each
financial year and at the latest by 4 (four)
months after the end of that financial year;
 The unaudited quarterly financial
statements of the SPV for each quarter of
each financial year as soon as practical
and latest by 2 (two) months after the end
of such quarterly period;
 All information relating to the PHP
required to be provided in relation to any
dividend distribution; and
 All information required to enable the
Parties to audit the SPV‟s records for
whichever is longer of the period of 2
(two) years following the end of the
relevant year or as required under
applicable laws.
 Any information required by GMDA to
respond to a question raised in the
Legislative Assembly or by the State
Government in so far as such information
is required to be provided under the Right

24
 to Information Act, 2005, by a Hospital
owned and controlled by a public
authority under the Act of 2005.
(c) Inspection by Parties: The Parties shall ensure
that they have the right to inspect the SPV
through their Authorized Representatives
from time to time during business hours.

15. Entrenchment The key provisions of the SHA, shall be identified and
Provisions included in the articles of association of the SPV. Such
provisions of the articles shall be deemed to be
entrenched for the purpose of Section 5 of the
Companies Act and shall not be amended without the
consent of each of the Parties.

To the extent that any of the provisions of the SHA

conflict with any of the provisions of the Articles of
the SPV, the provisions of the SHA shall prevail as
between the Parties hereto, subject to applicable Law.

16. Assignments Partner shall not transfer, assign, sub-license or create

any encumbrance on any of its rights or obligations
under the SHA, without the prior written consent of
GMDA. GMDA will be entitled to assign its rights,
title and interest under the SHA in favour of any third
party without requiring the prior consent of Partner or
assigning any reasons with respect to such assignment.

25
B. INSTRUCTIONS TO BIDDERS

4. General

4.1. General Information to Bidders

4.1.1. The RFP document of captioned project is hosted online and can be downloaded
from website www.gmda.gov.in and https://haryanaeprocurement.gov.in. The
Proposal shall be submitted online as well as in physical form as per the
provisions of this RFP.

4.1.2. GMDA intends to follow a single stage bidding process for selection of the
Partner for the PHP.
4.1.3. RFP Document follows a two-step approach comprising:
a. Technical (Eligibility) Bid: Technical evaluation of Bidders based on
eligibility criteria.
b. Evaluation Parameters Bid: Evaluation of Bidders who have been found
to be technically qualified on the specified parameters.
4.1.4. As a part of the Bidding Process, as physical submission, the eligible entities and
interested parties are required to submit one envelope containing: (i) Packet 1: Bid
Security and (ii) Packet-2: Technical (Eligibility) Submissions. The Packet-3:
Evaluation Parameters Bid is to be submitted only through the e-tender
portal https://haryanaeprocurement.gov.in. Hard copy of the Evaluation
Parameters Bid is not required to be submitted.
4.1.5. Technical (Eligibility) Bid submission by the Bidders will be opened to check
their eligibility to test their responsiveness to the Bid eligibility conditions,
submission of Bid Security and other such compliances and further to evaluate the
capability and other parameters in accordance with the criteria set out in this RFP
document.
4.1.6. Evaluation Parameters Bid of only those bidders shall be opened who are found
eligible and qualified and who have submitted the requisite Bid Security.
4.1.7. Details of the Schedule of Bidding Process is provided in Appendix I.

26
 4.2. Information on Electronic Tendering Process

4.2.1. Registration of bidders on the Haryana e-Procurement Portal:- All the bidders
intending to participate in the tenders process online are required to get registered
on the centralized e-procurement Portal i.e. https://haryanaeprocurement.gov.in.
Please visit the website for more details.
4.2.2. Obtaining a Digital Certificate:-The Bids submitted online should be encrypted
and signed electronically with a Digital Certificate to establish the identity of the
bidder bidding online. These Digital Certificates are issued by any Approved
Certifying Authority by the Controller of Certifying Authorities, Government of
India.
4.2.3. A Digital Certificate is issued upon receipt of mandatory identity (i.e. Applicant‟s
PAN Card) and Address proofs and verification form duly attested by the Bank
Manager / Post Master / Gazetted Officer. Only upon the receipt of the required
documents, a digital certificate can be issued. For more details please visit the
website – https://haryanaeprocurement.gov.in.
4.2.4. The bidders may obtain Class-II or III digital signature certificate from any
Certifying Authority or Sub-certifying Authority authorized by the Controller of
Certifying Authorities or may obtain information and application format and
documents required for the issue of digital certificate.
4.2.5. The bidder must ensure that he/she comply by the online available important
guidelines at the portal https://haryanaeprocurement.gov.in for Digital Signature
Certificate (DSC) including the e-Token carrying DSCs.
4.2.6. Bid for a particular tender must be submitted online using the digital certificate
(Encryption & Signing), which is used to encrypt and sign the data during the
stage of bid preparation. In case, during the process of a particular tender, the user
loses his digital certificate (due to virus attack, hardware problem, operating
system or any other problem) he will not be able to submit the bid online. Hence,
the users are advised to keep a backup of the certificate and also keep the copies
at safe place under proper security (for its use in case of emergencies).
4.2.7. In case of online tendering, if the digital certificate issued to the authorized user of
a firm is used for signing and submitting a bid, it will be considered equivalent to
a no-objection certificate /power of attorney / lawful authorization to that User.
The firm has to authorize a specific individual through an authorization certificate
signed by all partners to use the digital certificate as per Indian Information
Technology Act 2000. Unless the certificates are revoked, it will be assumed to
represent adequate authority of the user to bid on behalf of the bidder in tenders as

27
 per Information Technology Act 2000. The digital signature of this authorized
user will be binding on the bidder.
4.2.8. In case of any change in the authorization, it shall be the responsibility of
management / partners of the firm to inform the certifying authority about the
change and to obtain the digital signatures of the new person / user on behalf of
the firm / company. The procedure for application of a digital certificate however
will remain the same for the new user.
4.2.9. The same procedure holds true for the authorized users in a private/Public limited
company. In this case, the authorization certificate will have to be signed by the
directors of the company.
4.2.10. Pre-requisites for online bidding:-In order to operate on the electronic tender
management system, a user‟s machine is required to be set up. A help file on
system setup/Pre-requisite can be obtained from Nextenders (India) Pvt. Ltd. or
downloaded from the home page of the website -
https://haryanaeprocurement.gov.in.. The link for downloading required java
applet & DC setup are also available on the Home page of the e-tendering Portal.
4.2.11. Online Viewing of Detailed Notice Inviting Tenders:- The bidders can view the
detailed N.I.T and the time schedule (Key Dates) for all the tenders floated
through the single portal e-Procurement system on the Home Page at
https://haryanaeprocurement.gov.in.
4.2.12. Download of Tender Documents:- The tender documents can be downloaded
free of cost from the e-Procurement portal https://haryanaeprocurement.gov.in
4.2.13. Key Dates:-The bidders are strictly advised to follow dates and times as indicated
in the online Notice Inviting Tenders. The date and time shall be binding on all
bidders. All online activities are time tracked and the system enforces time locks
that ensure that no activity or transaction can take place outside the start and end
dates and the time of the stage as defined in the online Notice Inviting Tenders.
Online Payment of eService fee, Bid Security, Bid Preparation & Submission (PQQ/
Technical & Commercial/Price Bid).
4.2.14. Online Payment of e-Service fee:-The online payment for eService Fee & Bid
Security can be done using the secure electronic payment gateway. The Payment
for eService Fee shall be made by bidders online directly through Debit Cards &
Internet Banking Accounts and the Payment for Bid Security shall be made online
directly through RTGS / NEFT & OTC. The secure electronic payments gateway
is an online interface between contractors and Debit card / online payment
authorization networks.

28
4.2.15. Preparation and submission of online applications/bids:-Detailed Tender
documents may be downloaded from e-procurement website
https://haryanaeprocurement.gov.in and www.gmda.gov.in and tender mandatorily
be submitted online on https://haryanaeprocurement.gov.in.
4.2.16. Scanned copy of Documents to be submitted/uploaded for Technical bid
under online Technical Envelope:- The required documents (refer to DNIT)
shall be prepared and scanned in different file formats (in PDF /JPEG/MS WORD
format such that file size is not exceed more than 10 MB and uploaded during the
on-line submission of Technical Envelope.
ASSISTANCE TO BIDDERS
4.2.17. In case of any query regarding process of e-tenders and for under taking
training, the intended bidder can also avail the following and can contact service
provider.
4.2.18. Office Timings of Help-desk support for Single e-procurement portal of
Government of Haryana –Technical Support Assistance will be available over
telephone Monday to Friday (09:00 am to 5:30 pm) & Training workshop will be
conducted on every 1st, 2 nd Friday (from 3:30 pm upto 6:00 pm) and 4th Saturday
(from 11:30 am upto 3:00 pm) of each month.
4.2.19. All queries would require to be registered at our official email-
chandigarh@nextenders.com for on-time support (Only those queries which are
sent through email alongwith appropriate screenshots or error description will be
considered as registered with the Help-desk)
4.2.20. Important Notes:-
a. Any intending bidder can contact the helpdesk on or before prior to 4 hours
of the scheduled closing date &time of respective e-Auction/Tender event.
b. For queries pertaining to e-Payment of Bid Security, please contact the
helpdesk atleast 2 business days prior to the closing date & time of e-
Auction/Tender event.
c. Help-desk support will remain closed during lunch break i.e. from 1:30 PM
upto 2:15 PM on each working day.

4.2.21. Schedule for Training:-

th
Training workshop will be held on 1st, 2nd Friday (from 3:30 pm upto 6:00 pm) and 4
Saturday (from 11:30 am upto 3:00 pm) of each month at following addresses:

29
 Nextenders (India) Pvt. Ltd Nextender (India) Pvt. Nextenders (India)Pvt.
Municipal Corporation Ltd., Public Health Ltd., Nirman Sadan
Faridabad, near B.K. Division No.2, Model (PWD B&R), Plot No.1,
Chowk, Opp. B.K. Hospital, Town, Opp. N.D Gupta Basement, Dakshin Marg,
NIT, Faridabad Hospital, Hisar Sec- 33A, Chandigarh.
Contact: 8743042801/ Contact:9034357793 Contact: 1800-180-2097,
9310335475 0172-2582008-2009
Note: (a) Haryana e-Procurement Help Desk Office will remain closed on
Saturday( except 4 th Saturday), Sunday and National Holidays
(b) Bidders participating in online tenders shall check the validity of his/her
Digital Signature Certificate before participating in the online Tenders at the
portal https://haryanaeprocurement.gov.in
(c) For help manual please refer to the „Home Page‟ of the e-Procurement
website at https://haryanaeprocurement.gov.in, and click on the available link
„How to...?‟ to download the file.
4.2.22. Guidelines for Online Payments in e-tendering:-Post registration, bidder shall
proceed for bidding by using both his digital certificates (one each for encryption
and signing). Bidder shall proceed to select the tender he is interested in. On the
GMDA‟s page in the e-tendering portal, the Bidder would have following options
to make payment for Bid Security:
A. Debit Card
B. Net Banking
C. RTGS/NEFT
D. Over the Counter
A. Debit Card:- The procedure for paying through Debit Card will be as
follows:-
(i) Bidder selects Debit Card option in e-Procurement portal.
(ii) The e-Procurement portal displays the amount and the card charges to
be paid by bidder. The portal also displays the total amount to be paid
by the bidder.
(iii) Bidder clicks on “Continue” button
(iv) The e-Procurement portal takes the bidder to Debit Card payment
gateway screen.
(v) Bidder enters card credentials and confirms payment
(vi) The gateway verifies the credentials and confirms with “successful” or
“failure” message, which is confirmed back to e-Procurement portal.
(vii) The page is automatically routed back to e-Procurement portal

30
 (viii) The status of the payment is displayed as “successful” in e-Procurement
portal. The e-Procurement portal also generates a receipt for all
successful transactions. The bidder can take a print out of the same,
(ix) The e-Procurement portal allows Bidder to process another payment
attempt in case payments are not successful for previous attempt.
B. Net Banking:-The procedure for paying through Net Banking will be as
follows:-
(i) Bidder selects Net Banking option in e-Procurement portal.
(ii) The e-Procurement portal displays the amount to be paid by bidder.
(iii) Bidder clicks on “Continue” button
(iv) The e-Procurement portal takes the bidder to Net Banking payment
gateway screen displaying list of Banks
(v) Bidder chooses his / her Bank
(vi) The Net Banking gateway redirects Bidder to the Net Banking page of
the selected Bank
(vii) Bidder enters his account credentials and confirms payment
(viii) The Bank verifies the credentials and confirms with “successful” or
“failure” message to the Net Banking gateway which is confirmed back
to e-Procurement portal.
(ix) The page is automatically routed back to e-Procurement portal
(x) The status of the payment is displayed as “successful” in e-Procurement
portal.
(xi) The e-Procurement portal also generates a receipt for all successful
transactions. The bidder can take a print out of the same.
(xii) The e-Procurement portal allows Bidder to process another payment
attempt in case payments are not successful for previous attempt.
C. RTGS/ NEFT:- The bidder shall have the option to make the Bid Security
payment via RTGS/ NEFT. Using this module, bidder would be able to pay from
their existing Bank account through RTGS/NEFT. This would offer a wide reach
for more than 90,000 bank branches and would enable the bidder to make the
payment from almost any bank branch across India.
(i) Bidder shall log into the client e-procurement portal using user id and
password as per existing process and selects the RTGS/NEFT payment
option.
(ii) Upon doing so, the e-procurement portal shall generate a pre-filled
challan. The challan will have all the details that is required by the
bidder to make RTGS-NEFT payment.
(iii) Each challan shall therefore include the following details that will be
pre-populated:

31
  Beneficiary account no: (unique alphanumeric code for e-tendering)
 Beneficiary IFSC Code:
 Amount:
 Beneficiary bank branch:
 Beneficiary name:
(iv) The Bidder shall be required to take a print of this challan and make the
RTGS/NEFT on the basis of the details printed on the challan.
(v) The bidder would remit the funds at least T + 1 day (Transaction + One
day) in advance to the last day and make the payment via RTGS /
NEFT to the beneficiary account number as mentioned in the challan.
(vi) Post making the payment, the bidder would login to the e-Tendering
portal and go to the payment page. On clicking the RTGS / NEFT mode
of payment, there would be a link for real time validation. On clicking
the same, system would do auto validation of the payment made.
D. Over-the-Counter (OTC):-This solution shall allow the bidder having
account with ICICI Bank, to make the payment from any CMS enabled Branch
of ICICI Bank in India. Bidders can make the payment via cash (if amount is <=
₹49,999), Demand Draft or ICICI Bank Cheque. The procedure for paying
through OTC mode is as follows:
(i) Bidder selects Over-the-Counter remittance option in e-Procurement
portal.
(ii) The e-Procurement portal displays the amount to be paid. Bidder
chooses the bank account no. for refund of the amount.
(iii) Bidder clicks on “Continue” button
(iv) The e-Procurement portal displays the details of payment. Bidders
clicks on “print_challan” and prints the OTC challan.
(v) Bidder submits the OTC challan at the counter of any designated
branch of ICICI Bank with Cash / Demand Draft /ICICI Bank Cheque
(Payment in cash is allowed upto Rs. 49,999/-)
(vi) ICICI Bank verifies the URN (format to be discussed and decided) and
Amount with e-Procurement portal prior to accepting the payment
(vii) On successful verification from e-Procurement portal, ICICI Bank
accepts the payment. In case of failure, ICICI Bank shall return back
the OTC challan and payment to the Bidder.
(viii) ICICI Bank will commit the payment transaction (in case of
successful verification from e-Procurement portal) and sends the
Bank Transaction Number (I-Sure Reference Number) online against
the URN and Amount.
(ix) ICICI Bank will generate receipt for the payment transaction and issues

32
 the same to the Bidder.
(x) The e-Procurement system updates the bank transaction number
against the URN and Amount based on details sent by ICICI Bank
online prior to generation of receipt.
(xi) The status of payment will be displayed as “verification successful” in
e-Procurement portal, when the bidder clicks on verification option in
the portal
(xii) Bidder would be required to upload the scan copy of receipt as received
from ICICI Bank as part of proof in Nextender portal before submitting
the tender
4.2.23. There are certain do‟s and don‟t‟s that the Bidder needs to be aware of while
participating in the electronic tendering process. These are encapsulated in the
table below.
Sr
Scenario Do's / Don’t's
no.
Do’s
• It is the bidder‟s responsibility to ensure that RTGS/NEFT payments
are made to the exact details as mentioned in the challan which are:
1) Beneficiary account no: <client code> + <random number>
2) Beneficiary IFSC Code: As prescribed by ICICI Bank (this shall
remain same across all tenders)
3) Amount: As mentioned on the challan. It is specific for every
tender/transaction
In the event 4) Beneficiary bank branch: ICICI Bank Ltd, CMS
of making 5) Beneficiary name: As per the challan
1 Payment • For every tender, details in the challan are different and specific to
through that tender only. Bidder should not make use of a challan for making
NEFT/RTGS payment for another tenders‟ Bid Security.
• It is advised that all the bidders make payment via RTGS/NEFT at
least one day in advance to the last day of tender submission as
certain amount of time is required for settlement and various parties
are involved. The payment may not be available for the bidder
validation. In such cases bidder may not be able to submit the tender
• Bidder has to make only single payment against a challan as per the
amount mentioned on the challan.
• Bidder must do the payment before tender validity gets expired

33
 Don’t’s
• Bidder should not enter erroneous details while filling the
NEFT/RTGS form at their bank. The following possibilities may arise:
1) Incorrect IFSC code mentioned:- Transaction would be rejected
and the amount would be refunded back in to the bidders account
2) Incorrect Beneficiary account number mentioned(<client
code> + <random number>):- In case, the beneficiary account number
mentioned is incorrect the transaction would be rejected and the bid
would not be accepted.
3) Incorrect Amount mentioned: The amount would be rejected if the
amount mentioned in while making the payment is incorrect. Such
cases will be captured as unreconciled transactions and will be auto-
refunded directly to bidder‟s account. In the event of any discrepancy,
payment would not be considered and bidder would not be allowed to
bid/ participate.
• Bidder is not supposed to use challan generated in one tender for
payment against another tender since details in the challan are unique
to the tender and bidder combination.
• Bidder must not make multiple or split payments against a particular
challan. Any split payment received against the same challan will be
refunded back to the bidder.
• Bidder would not be entitled to claim that he is deprived of
participating in the tender because his funds are blocked with the
division on account of incorrect payment made by the bidder

4.3 General Conditions

4.3.1. GMDA invites proposals from eligible entities having the requisite technical and
financial capabilities for establishment, operations and maintenance of the PHP.
4.3.2. The Proposals would be evaluated on the basis of the evaluation criteria set out in
this Request for Proposal (RFP) document (hereinafter referred to as the
“Evaluation Criteria”) in order to identify the Partner for the PHP.
4.3.3. Terms used in this RFP document not been defined herein shall have the meaning
ascribed thereto in the draft Shareholders Agreement.
4.3.4. Pursuant to the release of this RFP document, GMDA shall receive Proposals,
prepared and submitted in accordance with the terms set forth in this RFP
Document and other documents provided by GMDA, including Annexures/

34
 Appendices hereto (collectively referred to as the "Bid Documents"), as modified,
altered, amended and clarified from time to time by GMDA.
4.3.5. This RFP document and all attached documents are and shall remain the property
of GMDA and are transmitted to the Bidders solely for the purpose of preparation
and the submission of their respective Proposals in accordance herewith. Bidders
shall not use it for any purpose other than for preparation and submission of their
Proposals. GMDA will not return any Proposal or any information provided along
therewith.
4.3.6. The statements and explanations contained in this RFP document are intended to
provide an understanding to the Bidders about the subject matter of this RFP
document and shall not be construed or interpreted as limiting, in any way or
manner whatsoever, the scope of services, work and obligations of the Partner and
the Special Purpose Vehicle to be set forth in the Shareholder‟s Agreement.
GMDA has the right to amend, alter, change, supplement or clarify the scope of
service and work during the Bid process. Consequently, any omissions, conflicts
or contradictions in the Bid document are to be noted, interpreted and applied
appropriately to give effect to this intent and no claim on that account shall be
entertained by GMDA.
4.3.7. Bidders may note that GMDA will not entertain any material deviations from the
RFP document at the time of submission of the Proposal or thereafter. The
Proposal to be submitted by the Bidders will be unconditional and the Bidders
would be deemed to have accepted the terms and conditions of the RFP document
with all its contents including the terms and conditions of the draft Shareholders
Agreement. Any conditional Proposal is liable for outright rejection.
4.3.8. Conditional or incomplete proposals are liable to be treated as non-responsive
and, therefore may be rejected at the sole discretion of GMDA.

4.4 Number of Proposals

Each Bidder shall submit only one (1) Proposal in response to this RFP document.
A bidder applying individually or as a member of a Joint Bid shall not be entitled
to submit another Proposal either individually or as a member of a Joint Bid, as
the case may be. Any entity, which submits or participates in more than one
Proposal will be disqualified.

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4.5 Proposal Preparation Cost

The Bidder shall be responsible for all the costs associated with the preparation of
its Proposal and its participation in the bidding process. GMDA will not be
responsible or in any way liable for such costs, regardless of the conduct or
outcome of bidding.

4.6 Verification of Documents

GMDA reserves the right to verify all statements, information and documents
submitted by the Bidders in response to the RFP document. Failure on the part of
GMDA to undertake such verification shall not relieve the Bidders of their
obligations or liabilities hereunder nor will it affect in any manner any of the
rights of GMDA hereunder.

4.7 Clarifications by Bidders

4.7.1. Bidders requiring any clarification on the RFP document may notify GMDA in
writing by e-mail at advsplprj.gmda@gov.in within such date as specified in the
Schedule of Bidding Process set forth in Appendix 1.
4.7.2. GMDA shall endeavour to respond to the questions raised or clarifications sought
by the Bidders. The responses will be uploaded on the website of GMDA
i.e.www.gmda.gov.in. However, GMDA reserves the right not to respond to any
question or provide any clarification, in its sole discretion, and nothing in this
Clause shall be construed, taken or read as compelling or requiring GMDA to
respond to any question or to provide any clarification.
4.7.3. GMDA may also on its own motion, if necessary, issue interpretations and
clarifications to all Bidders. All clarifications and interpretations issued by
GMDA shall be deemed to be part of the Bidding Documents if the same is in
writing. Verbal clarifications and information given by GMDA or their directors,
employees, advisors or representatives shall not in any way or manner be binding
on GMDA.

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4.8 Amendment of RFP Document

4.8.1. At any time prior to the Proposal Due Date, GMDA may, for any reason
whatsoever, whether at its own initiative or in response to clarifications requested
by a Bidder, modify the RFP document by issue of an Addendum. Any
Addendum thus issued will be uploaded on www.gmda.gov.in
4.8.2. In order to afford the Bidders reasonable time in which to take an Addendum into
account, or for any other reason, GMDA may, at its own discretion, extend the
Proposal Due Date.
4.8.3. GMDA may in its sole discretion and without assigning any reason modify, alter
or amend all or any part of the Schedule of Bidding Process by issue of addendum
to the RFP document.

4.9 Pre-Proposal Meeting

4.9.1. To clarify and discuss issues with respect to the RFP document, a Pre-Proposal
meeting will be held as per details provided in Appendix 1.
4.9.2. Prior to the Pre-Proposal meeting, the Bidders may submit a list of queries, if any,
in respect of the RFP document. Bidders must formulate their queries and forward
the same to GMDA prior to the meeting in terms of Schedule set out in Appendix
1. GMDA may, as may be considered acceptable at its sole discretion, amend the
RFP document based on inputs provided by Bidders.
4.9.3. GMDA will endeavour to hold the meeting as per Schedule of Bidding Process.
Any change in the schedule of Pre-proposal meeting will be communicated by
posting on www.gmda.gov.in.
4.9.4. Attendance of the Bidders at the Pre-Proposal meeting is not mandatory. GMDA
will endeavour to respond to the queries as it may deem appropriate, irrespective
of attendance of the Bidder in the Pre-Proposal meeting.
4.9.5. All correspondence / enquiries/ request for clarifications should be submitted to
the following in writing by e-mail
SUBJECT: “RFP for Multi-Specialty Hospital-Public Healthcare Project”
(The above subject must be inscribed on the subject-line of emails)
Email :advsplprj.gmda@gov.in

4.9.6 No interpretation, revision, or other communication from GMDA regarding this

solicitation shall be valid unless it is made in writing by GMDA.

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4.10 Miscellaneous – Other Provisions

4.10.1. The Bidding Process shall be governed by, and construed in accordance with, the
laws of India and only the Courts at Gurugram shall have jurisdiction over all
disputes arising under, pursuant to and/or in connection with the Bidding Process.
4.10.2. GMDA, in its sole discretion and without incurring any obligation or liability,
reserves the right to:
a) Suspend and / or cancel the Bidding Process and / or amend and / or
supplement the Bidding Process and / or modify the dates or other terms and
conditions relating thereto;
b) Qualify or disqualify any Bidder and/or to consult with any Bidder in order to
receive clarification or further information;
c) Retain any information and/or evidence submitted to GMDA by, on behalf of,
and / or in relation to any Bidder;
d) Independently verify, disqualify, reject or accept any and all submissions or
other information and / or evidence submitted by or on behalf of any Bidder.
4.10.3. It shall be deemed that by submitting the Proposal, the Bidder agrees and releases
GMDA, its directors, employees, agents and advisers irrevocably,
unconditionally, fully and finally from any and all liabilities for claims, losses,
damages, costs, expenses or liabilities in any way related to or arising from the
exercise of any rights and / or performance of any obligations hereunder, pursuant
hereto and / or in connection herewith and waives any and all rights and/or claims
it may have in this respect, whether actual or contingent, whether present or
future.

4.11 Disqualifications

4.11.1. Even if the Bidder meets the guidelines as set forth in this RFP document, GMDA
at its discretion can disqualify the Bidder, if the Bidder or any member of a Joint
Bid:
a) Has been debarred by any State or Central Government or Government
agency or department or PSU in India; or

38
 b) Has a record of non-compliance with terms and conditions of any previous
allotment of land by any State or Central Government or Government agency
or department or PSU in India especially in respect of treatment provided to
economically weaker sections of society; or
c) Has made misleading, untrue or false representation in the forms, statements
and attachments submitted; or
d) Any of its constituents or its predecessor entity has a record of poor
performance such as default in statutory compliances, consistent history of
litigation or financial failure due to bankruptcy, etc.

4.11.2. Upon submission of the Proposal it would be deemed that the Bidder has prior to
the submission thereof:
(a) Made a complete and careful examination of the terms and conditions or its
requirements, and other information set forth in this RFP document and
other Bidding documents;
(b) Received all such relevant information as it has requested from GMDA;
(c) Acknowledged and accepted the risk of any inadequacy, error or mistake in
the information provided in any of the Bidding documents or furnished by
or on behalf of GMDA relating to any of the matters referred to in the
Bidding Process including Bidding documents;
(d) Acknowledged and agreed that any inadequacy, lack of completeness or
incorrectness of information provided in the Bidding documents or
ignorance of any of the matters referred to in the RFP, and any amendments
thereof, shall not be a basis for any claim for compensation, damages,
extension of time for performance of its obligations, loss of profits etc. from
GMDA or a ground for termination of the Agreement; and
(e) Agreed to be bound by the undertakings provided by it under this RFP
document and in terms hereof.
4.11.3. GMDA shall not be liable for any mistake or error or neglect by the Bidders in
respect of the above.
4.11.4. The Bidders, any member in case of a Joint Bid, and their respective directors,
employees, agents and advisers shall observe the highest standard of ethics during
the Bidding Process and subsequent to the issue of the LoA and during the
subsistence of the Shareholders Agreement. Notwithstanding anything to the
contrary contained herein or in the LoA or the Shareholders Agreement, GMDA
shall reject a Proposal, withdraw the LoA, or terminate the Shareholders
Agreement, as the case may be, without being liable in any manner whatsoever to

39
 the Bidder, if it determines that the Bidder has, directly or indirectly or through an
agent, engaged in any corrupt, fraudulent, coercive, undesirable or restrictive
practice in the Bidding Process. In such an event, GMDA shall forfeit the Bid
Security, without prejudice to any other right or remedy that may be available to
GMDA hereunder or otherwise.
4.11.5. Without prejudice to the rights of GMDA under Clause 4.11.4 hereinabove and
the rights and remedies which GMDA may have under the LoA or the
Shareholders Agreement, if Bidder is found by GMDA to have directly or
indirectly or through an agent, engaged or indulged in any corrupt, fraudulent,
coercive, undesirable or restrictive practice during the Bidding Process, or after
the issue of the LoA or execution of the Shareholders Agreement, such Bidder
shall not be eligible to participate in any tender or RFP document issued by
GMDA for a period of five years. .
4.11.6. For the purposes of Clauses 4.11.4 and 4.11.5 above, the following terms shall
have the meaning hereinafter respectively assigned to them:
(a) “Corrupt practice” means the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence the actions of any
person including legal, financial or technical adviser connected with the
Bidding Process (for avoidance of doubt, offering of employment to or
employing or engaging in any manner whatsoever, directly or indirectly,
any official of GMDA who is or has been associated in any manner, directly
or indirectly with the Bidding Process or the LoA or has dealt with matters
concerning the PHP or arising there from, before or after the execution
thereof, at any time prior to the expiry of one year from the date such
official resigns or retires from or otherwise ceases to be in the service of
GMDA, shall be deemed to constitute influencing the actions of a person
connected with the Bidding Process);
(b) “Fraudulent practice” means a misrepresentation or omission of facts or
suppression of facts or disclosure of incomplete facts, in order to influence
the Bidding Process;
(c) “Coercive practice” means impairing or harming, or threatening to impair or
harm, directly or indirectly, any person or property to influence any
person‟s participation or action in the Bidding Process;
(d) “Undesirable practice” means establishing contact with any person
connected with or employed or engaged by GMDA with the objective of
canvassing, lobbying or in any manner influencing or attempting to
influence the Bidding Process.

40
4.11.7 A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that
affects the Bidding Process. Any Bidder found to have a Conflict of Interest shall
be disqualified. In the event of disqualification, GMDA shall forfeit and
appropriate the Bid Security or Performance Security, as the case may be, as
genuine pre-estimated compensation and damages payable to GMDA for, inter
alia, the time, cost and effort of GMDA, including consideration of such Bidder‟s
Proposal, without prejudice to any other right or remedy that may be available to
GMDA hereunder or otherwise. Without limiting the generality of the foregoing,
a Bidder shall be considered to have a Conflict of Interest that affects the Bidding
Process, if:
(i) Such Bidder, or any member of a Joint Bid, or any constituent thereof, and
any other Bidder or any constituent thereof have common controlling
shareholders or other common ownership interest by any third party,
whether direct or indirect, or such Bidder or any constituent thereof is
holding paid up capital, directly or indirectly, in other Bidder or any
constituent thereof. Provided that this disqualification shall not apply (a) in
case of common controlling shareholding or other common ownership
interest by any third party, if such shareholding or ownership interest in one
of the Bidders is less than 5% of its paid up and subscribed capital, or (b) in
case of the direct or indirect shareholding in a Bidder by the other Bidder on
any constituent thereof if such shareholding is less than 5% of that other
Bidder‟s paid up and subscribed capital. Provided further that this
disqualification shall not apply to any ownership by a bank, insurance
company, pension fund or a public financial institution referred to in sub-
section (72) of section 2 of the Companies Act, 2013; or
(ii) A constituent of such Bidder being a member of a Joint Bid is also a
constituent of another Bidder; or
(iii) Such Bidder receives or has received any direct or indirect subsidy from any
other Bidder, or has provided any such subsidy to any other Bidder; or
(iv) Such Bidder has the same legal representative for purposes of this Proposal
as any other Bidder; or
(v) Such Bidder has a relationship with another Bidder, directly or through
common third parties, that puts them in a position to have access to each
other‟s information about, or to influence the Proposal of either or each of
the other Bidder.

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4.12. Preparation and Submission of Proposal

4.12.1 Language
The Proposal and all related correspondence and documents shall be written in the
English language. The supporting documents and printed literature furnished by
the Bidder with the Proposal may be in any other language provided that they are
accompanied by a true and correct translation into English and duly signed,
stamped and certified by the Bidder to be true and correct. Supporting materials
that are not translated into English shall not be considered for evaluation of the
Proposal. For the purpose of interpretation and evaluation of the Proposal, the
English language translation shall prevail.

4.12.2 Currency
The currency for the purpose of the Proposal shall be the Indian Rupee (INR).

4.12.3 Site Visit and Verification of Information

Bidders are encouraged to submit their respective bid after visiting the Project site
and ascertaining for themselves the site conditions, traffic, location, surroundings,
climate, availability of power, water and other utilities for construction, access to
site, handling and storage of materials, weather data, applicable laws and
regulations, and any other matter considered relevant by them. GMDA may, on
the request of the Bidder, may arrange a visit to the site at a date and time which
is mutually convenient, but nothing herein shall be construed as an obligation
upon GMDA to arrange such a visit.

4.12.4 Format and Signing of Proposal

4.12.4.1 Bidders shall provide all the information as required / can be inferred
from this RFP document and in the specified formats. GMDA reserves the right to
reject any Proposal that is not in the specified formats.
4.12.4.2 The Proposal should be submitted in three packets:
Packet 1: Bid Security
This Packet shall be super scribed “Packet 1: Bid Security”. Bid Security
(as per Appendix XIII) in prescribed form need to be provided in
accordance with the provisions of the RFP.

42
Packet 2: Technical (Eligibility) Submissions, which would include:
(i) Covering Letter for submission of proposal as per Appendix III.
(ii) Power of Attorney for Signing of the Proposal as prescribed in
Appendix IV.
(iii) Power of Attorney by Members of Consortium submitting Joint Bid
authorizing the Lead Member of the Consortium to act on behalf of all
Members as prescribed in Appendix V.
(iv) Bidder Profile together with supporting documents required as
prescribed in Appendix VI.
(v) Memorandum of Understanding amongst Members of the
Consortium submitting the Joint Bid as prescribed in Appendix VII.
(vi) Proposal Declaration as prescribed in Appendix VIII.
(vii) Non-Collusion Certificate as prescribed in Appendix IX.
(viii) Affidavit on providing true information and consequences of
providing false information as prescribed in Appendix X.
(ix) Affidavit certifying that Directors/Members of Entity are not
Blacklisted etc. as prescribed in Appendix XI.
(x) Affidavit certifying that all information supplied as accurate, true
and correct.
(xi) Affidavit certifying that Entity / Directors / Members on Entity are
not blacklisted.
(xii) Certificate of Incorporation of the Bidder under Companies Act,
/2013 issued by Registrar of Companies or Certificate of
commencement of business in case of public limited company or
Certificate of Registrar issued by the competent authority in case of a
Charitable Society or Charitable Trust.
(xiii) Copy of Memorandum of Association and Articles of Association or
Byelaws (as may be applicable) of the Bidder.
(xiv) Details of Financial Statements as prescribed in Bidder Profile.
(xv) Certificate of Accreditation from National Accreditation Board for
Hospitals and Healthcare Providers (NABH) indicating the
accreditation status with requisite details.
(xvi) Supporting documents as per requirement Bidder Profile.

43
 (xvii)Details of GST Registration No, ESIC Registration No. & PF
Registration No, PAN No., valid bank account. Bidder should submit
supporting documents as proof.
Note: All pages of aforesaid document shall be duly signed by Authorized
Representative of the Bidder. This Packet shall be super scribed “Packet 2:
Technical (Eligibility) Submissions”.
Packet 3: Bid Evaluation Parameters Quote (To be submitted online only)
(i) Evaluation Parameters Quote as per the format set out in Appendix
XIV and is to be submitted online only through e-tender portal
https://haryanaeprocurement.in
The Proposal shall be typed or printed in indelible ink and the Bidder shall initial
each page. All the alterations, omissions, additions, or any other amendments
made to the Proposal shall be initialed by the person signing the Proposal. All
pages of the Proposal must be serially numbered.

4.12.5 Sealing, Marking and Submission of Proposal

4.12.5.1 Online Viewing of Detailed Notice Inviting Tenders

The bidders can view the detailed RFP and the Schedule (Key Dates) for all the
tenders floated through the single portal e-Procurement system on the Home Page
at https://haryanaeprocurement.gov.in.

4.12.5.2 Hard Copy Submission

The Bidder shall seal the Packet 1: Bid Security and Packet 2: Technical
(eligibility) Submissions in separate envelopes, duly marking the envelopes as
“Packet 1: Bid Security” and “Packet 2: Technical (Eligibility) Submissions”
respectively. These envelopes shall then be sealed in an outer envelope. Bid
Evaluation Parameters quotes as per the format set out in Appendix XIV and
needs to be submitted online only. The envelopes shall be submitted as under:
(i) Each envelope shall indicate the name and address of the Bidder;
(ii) All the envelopes shall clearly bear the following identification:
“Proposal for PHP Multi-Specialty Hospital on Public-Private
Partnership Basis at Sector-67, Gurugram”
“To be opened by Tender Opening Committee only”
“Submitted by ____________________”
(Name, Address and Contact Phone No. of the Bidder)

44
 (iii) The envelope shall be addressed to:
ATTN. OF: Chief Executive Officer: Reference Advisor (Special Projects)
ADDRESS: Gurugram Metropolitan Development Authority,
Plot No. 44, , Sector 32,
Gurugram, Haryana
(iv) If the envelope is not sealed and marked as instructed above, the Proposal
may be deemed to be non-responsive and would be liable for rejection.
GMDA assumes no responsibility for the misplacement or premature
opening of such Proposal.

4.13. Bid Security

4.13.1. Proposals shall be accompanied by a Bid Security for an amount of

Rs.1,00,00,000/- (Rupees One Crore only).
4.13.2. No relaxation of any kind in Bid Security shall be given to any Bidder.
4.13.3. The Bid Security shall remain valid for a period of 90 days beyond the Proposal
Validity Period, and would need to be extended, if so required by GMDA, for any
extension in Proposal Validity Period.
4.13.4. The Bid Security shall be in the form of an irrevocable Bank Guarantee issued by
a Scheduled Bank in India, in favour of “Gurugram Metropolitan Development
Authority” encashable at Gurugram, as per the format set out in Appendix XIII
or in the form of a demand draft issued by a Scheduled Bank in India, drawn in
favour of “Gurugram Metropolitan Development Authority” and payable in
Gurugram. GMDA shall not be liable to pay any interest on the Bid Security and
the same shall be interest free. For avoidance of any doubt, „Scheduled Bank‟
shall mean a Bank as defined under Section 2(e) of the Reserve Bank of India
Act, 1934.
4.13.5. The Bid Security shall be returned to unsuccessful Bidders on the signing of
Shareholders Agreement with the Successful Bidder/Partner. The Bid Security,
submitted by the Successful Bidder(s), shall be released upon signing of the
Shareholders Agreement and the incorporation of the PHP SPV with the paid up
share capital as envisaged in the Shareholders Agreement.
4.13.6. The Bid Security shall be liable to be forfeited and Proposal shall be liable to be
rejected in the following cases:
(a) If the Bidder withdraws its Proposal except as provided in Clause 4.18.1; or

45
 (b) If the Bidder modifies or withdraws its Proposal during the interval between
the Proposal Due Date and expiration of the Proposal Validity Period; or
(c) If the Bidder fails to accept the Letter of Acceptance (LoA) within the
stipulated time period as provided Clause 6.6.2; or
(d) If the Bidder as the Successful Bidder fails to sign the Shareholders
Agreement or fails to incorporate the PHP-SPV within the specified time
limit or any extension thereof as provided in Clause 6.6.3; or
(e) If any information or document furnished by the Bidder turns out to be
misleading or untrue in any material respect; or
(f) If a Bidder engages in a corrupt, fraudulent, coercive, undesirable or
restrictive practice as specified in Clauses 4.11.5 to 4.11.6 of this RFP.

4.14. Validity of Proposal

4.14.1. The Proposal shall indicate that it would remain valid for a period not less than
240 days from the Proposal Due Date (hereinafter “Proposal Validity Period”).
GMDA reserves the right to reject any Proposal that does not meet this
requirement.
4.14.2. Prior to expiry of the Proposal Validity Period, GMDA may request that the
Bidders extend the period of validity for a specified additional period. A Bidder
may refuse to comply with the request without forfeiting its Bid Security. A
Bidder agreeing to the request will not be allowed to modify its Proposal but
would be required to extend the validity of its Bid Security for the period of
extension and comply with Clause 4.13 of this document in all respects. A Bidder
refusing to comply with the request shall not be eligible to participate in the
Bidding process and his Proposal shall be returned and his Bid Security released.

4.15. Bidder’s Responsibility

4.15.1. The Bidder is expected to examine carefully the contents of the Bidding
Documents. Failure to comply with the requirements of Bidding Documents will
be at the Bidder‟s own risk.
4.15.2. It would be deemed that prior to the submission of Proposal, the Bidder has:
(a) Made a complete and careful examination of requirements and other
information set forth in the Bidding Documents;
(b) Received all such relevant information as it has requested from GMDA; and
46
 (c) Made a complete and careful examination of the various aspects of the
Shareholders Agreement including but not limited to:
(i) All matters that might affect the Bidder‟s performance under the terms of
the RFP and the Shareholders Agreement;
(ii) A diligent scrutiny and agrees to the terms and conditions of the
Shareholders Agreement;
(iii) Clearances required to be obtained for the implementation of the PHP;
and
(iv) Applicable laws and regulations in force in India.
4.15.3. GMDA shall not be liable for any omission, mistake or error on the part of the
Bidder in respect of the above or on account of any matter or thing arising out of
or concerning or relating to the RFP or the Bidding Process, including any error
or mistake therein or in any information or data given by the GMDA.

4.16. Proposal Due Date

4.16.1 Proposals shall be submitted on or before the Proposal Due Date and time
mentioned in the Schedule of Bidding Process, set forth in Appendix 1 in the
manner and form as detailed in this RFP document. For the purposes of this RFP
document, the “Proposal Due Date” shall mean the time and date for submission
of the Proposal as set out in the Schedule of Bidding Process contained in
Appendix 1. Proposals submitted by facsimile transmission or telex or email will
not be acceptable.
4.16.2 GMDA, at its sole discretion, may extend the Proposal Due Date by issuing an
Addendum in accordance with Clause 4.8.

4.17. Late Proposals

Any Proposal received by GMDA after the prescribed time on the Proposal Due Date
shall not be eligible for consideration and will be summarily rejected.

4.18. Modification and Withdrawal of Proposals

4.18.1. The Bidder may modify or withdraw its Proposal after submission, provided that
written notice of the modification or withdrawal is received by GMDA before the
Proposal Due Date. No Proposal shall be modified or withdrawn by the Bidder
after the Proposal Due Date.
4.18.2. The Bidder‟s modification or withdrawal notice shall be prepared, sealed, marked
and delivered in accordance with the Clause 4.12.5 of this RFP with outer

47
 envelopes additionally marked “MODIFICATION” or “WITHDRAWAL” and
also “TECHNICAL (ELIGIBILITY) SUBMISSIONS” etc. as appropriate.
4.18.3. Any alteration/ modification in the Bid or additional information supplied
subsequent to the Proposal Due Date, unless GMDA has expressly sought the
same for, shall be disregarded.

4.19. Confidentiality
Except as provided herein, information relating to the examination, clarification,
evaluation and recommendation for the short-listed Bidders shall not be disclosed
to any person who is not officially concerned with the process or is not a retained
professional adviser advising GMDA in relation to or matters arising out of or
concerning the Bidding Process. GMDA will treat all information submitted as
part of Proposal in confidence and will take all reasonable steps to ensure that
individuals having access to such material treat the same in confidence. GMDA
will not divulge any such information unless it is ordered to do so by a court or by
any statutory, regulatory or Government authority or agency that has legal
jurisdiction to require its disclosure or unless it is necessary to do so in order to
enforce or assert any claim, right or privilege of GMDA or to defend any claim,
action or proceedings against GMDA.

4.20. Clarifications Sought by GMDA

To assist in the process of evaluation of Proposals, GMDA may, at its sole
discretion, ask any Bidder for any clarification on or with respect to its Proposal.
The request for clarification and the response shall be communicated by Email.
The Bidder in such cases would need to provide the requested clarification /
documents promptly and within timeframe as given by GMDA for the same, to
the satisfaction of GMDA. It is in the interest of the bidder to provide reply within
the timeframe failing which GMDA may not accept the said information and no
change in the substance of the Proposal would be permitted by way of such
clarifications. Thereupon, GMDA may proceed to evaluate the Bid by construing
the particulars requiring clarification to the best of its understanding, and the
Bidder shall be barred from subsequently questioning such interpretation of the
GMDA.

4.21. Right of GMDA to accept or reject any or all Bids

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4.21.1. Notwithstanding anything contained in this RFP, GMDA reserves the right to
accept or reject any Bid and to annul the Bidding Process and reject all Bids, at
any time without any liability or any obligation for such acceptance, rejection or
annulment, and without assigning any reasons thereof. In the event that GMDA
rejects or annuls all the Bids, it may, in its discretion, invite all eligible Bidders to
submit fresh Bids hereunder.
4.21.2. GMDA reserves the right to reject any Bid if:
a) At any time, a material misrepresentation is made or uncovered, or
b) The bidder does not provide, within the time specified by GMDA, the
supplemental information sought by GMDA for evaluation of the Bid.
c) If the Bidder is a member of a Joint Bid, then the entire Joint Bid may be
disqualified/ rejected.
4.21.3. In case it is found during the evaluation or at any time before signing of the
Shareholders Agreement with GMDA or after its execution and during the period
of subsistence thereof, that the bidder has made material misrepresentation or has
given any materially incorrect or false information, the Bidder shall be
disqualified forthwith if not yet awarded the project either by issue of the LoA or
entering into the Shareholders Agreement, and if the Bidder has already been
issued the LoA or has entered into the Shareholders Agreement, as the case may
be, the same shall, notwithstanding anything to the contrary contained therein or
in this RFP, be liable to be terminated, by a communication in writing by GMDA
to the Bidder, without GMDA being liable in any manner whatsoever to the
Bidder and without prejudice to any other right or remedy which GMDA may
have under this RFP, the Bidding Documents, the Shareholders Agreement or
under applicable law.
4.21.4. GMDA reserves the right to verify all statements, information and documents
submitted by the Bidder in response to the RFP. Any such verification or lack of
such verification by GMDA shall not relieve the Bidder of its obligations or
liabilities hereunder nor will it affect any rights of GMDA thereunder.
4.21.5. Proposals shall be deemed to be under consideration immediately after they are
opened until such time that GMDA makes an official intimation of
award/rejection to the Bidders. While the Proposals are under consideration,
Bidders and/or their representatives or other interested parties are advised to
refrain from contacting, by any means, GMDA or their employees/representatives
on matters relating to the Proposals under consideration.

49
5 Definitions

a) “Agreement/Contract” means the contract signed by and between GMDA

and the Partner including all its attached documents, Annexures hereto,
technical and financial proposal submitted by Partner, downloaded RFP and
any amendments made thereto in accordance with the provisions contained
in this agreement.
b) “Bid/Proposal” shall mean the signed technical and financial offer
submitted by the Bidder/Agency considered together in response to the RFP.
c) “Day” means calendar day.
d) “Evaluation Committee (EC)” shall mean the committee constituted by the
Government of Haryana for the evaluation of the bids/proposals.
e) “Government” means the Government of Haryana.
f) “Gurugram Metropolitan Development Authority” or ”GMDA” means
the Gurugram Metropolitan Development Authority, a statutory authority
established under the Gurugram Metropolitan Development Authority Act,
2017.
g) “Letter of Award (LOA)” shall mean the letter issued by the Employer to
the successful bidder/Agency inviting him to sign the Contract Agreement.
h) “MCI” means Medical Council of India.
i) “Partner” means who will enter into the joint venture partnership to
establish the Project through an open competitive bidding process in
accordance with the procedure set out herein.
j) “PHP” means Public Healthcare Project.
k) “RFP” means the Request for Proposal issued by the GMDA for the
selection of Partner.
l) “Site” shall mean the place/land where the institute for which the services as
mentioned under the scope of work for the Project are to be carried out and
the details of which are provided in this RFP.
m) “Start of Work” shall mean the date of commencement of services by the
Partner as specified in RFP.
n) “Terms of Reference” (TOR) means the document included in the RFP
which explains the objectives, scope of work, activities, tasks to be

50
 performed by the Partner and the deliverables of the Assignment/job.
o) “Project Fund” shall mean the project account to be operated and
maintained jointly by GMDA and the Partner for meeting various expenses
including those relating to payment for operation of contract.

p) “SPV” means Special Purpose Vehicle to design, construct, partially

Finance, equip, operate and maintain a 500 bedded Multi-Specialty Hospital
in Sector-67, Gurugram on Public Partnership (PPP) basis.

q) “SHA” means long-term shareholder agreement.

r) “DPR” means Detailed Project Report

s) “MP” means Master Plan

t) “SCOD” means Scheduled Commencement of Operations date

u) “SCFED” means Scheduled Commencement of First Expansion date

v) “NABH” means National Accreditation Board for Hospitals and Healthcare

Providers

w) “NABL” means National Accreditation Board for Testing and Calibration

Laboratories.

x) “BIS” means Bureau of Indian Standards

51
6 Bid Evaluation and Selection of Successful Bidder

6.1. Opening & Evaluation of Bids

6.1.1. GMDA shall open the Bids at 1600 hours IST on the Proposal Due Date, at the
place specified and in the presence of the Bidders who choose to attend.

6.1.2. Bids for which a notice of withdrawal has been submitted in accordance sub-
section 4.18 shall not be opened.

6.1.3. GMDA will subsequently examine and evaluate Bids in accordance with the
provisions set out in Section 6.

6.1.4. Any information contained in the Bid shall not in any way be construed as
binding on the GMDA, its agents, successors or assigns, but shall be binding
against the Bidder if the PHP is subsequently awarded to it on the basis of such
information.

6.1.5. GMDA reserves the right not to proceed with the Bidding Process at any time
without notice or liability and to reject any or all Bid(s) without assigning any
reasons as specified in Sub-Section 4.21.

6.1.6. If any information furnished by the Bidder is found to be incomplete, or contained

in formats other than those specified herein, GMDA may, in its sole discretion,
exclude the relevant project from computation of the Evaluation Score of the
Bidder.

6.1.7. In the event that an Bidder claims credit for Hospital Development Experience or
for Hospital Operations and Management Experience or Quality in Operations
and Management as specified in the Bid Evaluation Parameters Criteria in Clause
6.4.4, and such claim is determined by GMDA as incorrect or erroneous, GMDA
shall reject such claim and exclude the same from computation of the Capability
Assessment Score, and may also, while computing the aggregate Total Evaluation
Score of the Bidder, make a further deduction equivalent to the claim rejected
hereunder. Where any information is found to be patently false or amounting to a
material misrepresentation, GMDA reserves the right to reject the Bid and/ or Bid
in accordance with the provisions of Sub-Section 4.21.

52
6.2. Test of Bid Responsiveness

6.2.1. Prior to evaluation of Bids, GMDA shall determine whether each Bid is
responsive to the requirements of the RFP. An Bid shall be considered responsive
only if:

(i) It is received by the Proposal Due Date including any extension thereof
pursuant to sub-section 4.16;
(ii) It is signed, sealed, bound together in hard cover, and marked as stipulated
in Clauses 4.12.4 and 4.12.5;
(iii) It is accompanied by the Power of Attorney as specified in Clause 6.3.4 in
the format in Appendix IV, and in the case of a joint bidding, the Power of
Attorney as specified in Clause 6.3.4 in the format in Appendix V;
(iv) It is accompanied by the Bidder Profile as specified in Appendix VI along
with supporting documents;
(v) It is accompanied by the Memorandum of Understanding amongst Members
of the Consortium submitting a Joint Bid in the format in Appendix VII.
(vi) It is accompanied by the Proposal Declaration in the format specified in
Appendix VIII;
(vii) It is accompanied by the Non-Collusion Certificate in the format specified in
Appendix IX, the affidavit specified in Appendix X and the affidavit
certifying that the Directors/Members of the Entity are not blacklisted etc.
specified in Appendix XI.
(viii) It contains all the information and documents (complete in all respects) as
requested in this RFP especially Clause 4.12.4;
(ix) It contains information in formats as specified in this RFP;
(x) It contains certificates from its statutory auditors as specified in Clause
6.3.3;
(xi) It contains the Bid Security as required in Clause 4.13 in the format
specified in Appendix XIII.
(xii) It does not contain any condition or qualification; and
(xiii) It is not non-responsive in terms hereof.

6.2.2. GMDA reserves the right to reject any Bid which is non-responsive and no
request for alteration, modification, substitution or withdrawal shall be entertained
by the GMDA in respect of such Bid.

6.3. Bidder Eligibility Conditions

53
6.3.1. Bidder Eligibility Conditions: The Bidder should be:

a) An experienced operator of a charitable hospital in India for a period of at

least 10 years; or
b) A charitable trust or society registered under the appropriate law for
registration of trusts or societies in joint venture with an experienced operator
of a hospital in India for a period of at least 10 years; or
c) A corporate entity registered under the Companies Act, 2013/1956 in joint
venture with an experienced operator of a charitable hospital in India
operating the hospital for a period of at least 10 years; or
d) A Corporate Hospital registered under the Companies Act, 2013/1956 for a
period of at least 10 years in joint venture with an experienced operator of a
charitable hospital in India for a period of at least 10 years.

6.3.2. Bidder Experience Conditions: The Bidder should have sound project
development and operation &management experience demonstrated by the
following criteria:
a) Hospital Development Experience: The Bidder should have developed at least
one hospital having a strength of not less than 300 beds; and
b) Hospital Operation & Management Experience: The Bidder should have
operated and managed at least one hospital having strength of not less than
300 beds for at least 10 years.

6.3.3. Bidder Financial Soundness Conditions: The Bidder should be financially

sound and having effective net worth and credit worthiness to submit a Bid in the
project. For the purpose, the Bidder shall enclose with its bid, to be submitted as
per the format at Appendix VI complete with Annexures, the following
documents:
a) Certificate(s) from appropriate authorities to show their credentials in
effective project management and operating and management experience of
hospitals.
b) Certificate(s) from its Statutory Auditors and bankers specifying the net worth
and credit worthiness and the annual audited financial accounts for the last
three years.
c) Certificate(s) of accreditation from National Accreditation Board for Hospitals
and Healthcare Providers indicating the accreditation status with requisite
details of at least one hospital for the last three years.

6.3.4. The Bidder should submit a Power of Attorney as per the format enclosed in
Appendix III authorizing the signatory of the Bid to commit the Bidder. In the

54
 case of Joint Bid involving two or more entities submitting a bid together as a
consortium, the members shall submit a Power of Attorney in favor of the Lead
Member as per format at Appendix IV.
6.3.5. In the case of a Bid involving a single entity, the Bidder shall as per format at
Appendix-XII:-
a) Convey its commitment to form a subsidiary Company (other than the SPV
proposed to be established, incorporated and registered for the implementation
of the PHP i.e. the PHP SPV) with shareholding/ownership equity
commitment(s) in accordance with this RFP, and through incorporated
subsidiary Company will enter into the Shareholders Agreement with GMDA
for the establishment and incorporation of the PHP SPV; and
b) Include a statement to the effect that the Bidder shall be liable for all
obligations of the subsidiary company in relation to the PHP.
6.3.6. In the case of Joint Bid involving two or more entities submitting a bid together as
a consortium, the members of the Joint Bid shall:
a) Convey its commitment to form a Joint Venture Company (other than the SPV
proposed to be established, incorporated and registered for the implementation
of the PHP i.e. the PHP SPV) with shareholding/ownership equity
commitment(s) amongst the Members of the Consortium in accordance with
this RFP, and through incorporated Joint Venture Company will enter into the
Shareholders Agreement with GMDA for the establishment and incorporation
of the PHP SPV;
b) Clearly outline the proposed roles and responsibilities of each member of the
Joint Bid;
c) Commit the minimum equity stake to be held by each member of the Joint Bid
with one of them having a minimum of 26% stake in the bidders equity in the
SPV;
d) Undertake that the members of the Joint Bid shall collectively hold at least
50% (fifty one per cent) of the subscribed and paid up equity of the PHP SPV
at all times; and
e) Include a statement to the effect that each member of the Joint Bid shall be
liable jointly and severally for all obligations in relation to the PHP.

6.3.7. Any entity, which has been barred or disqualified either by Govt. of India or
Govt. of Haryana from participating in any project (PPP or otherwise) or any
entity controlled by such barred or disqualified entity, and the bar subsists as on
the last date of submission of Bid, would not be eligible to submit a Bid, either
individually or as member of a Joint Bid.

55
6.3.8. A Bidder/member of a Joint Bid should, in the last 3 (three) years, have neither
failed to perform any contract, as evidenced by imposition of a penalty by an
arbitral or judicial authority or a judicial pronouncement or arbitration award
against the Bidder or any member of the Joint Bid, as the case may be, nor has
been expelled from any project or contract by any public entity nor have had any
contract terminated by any public entity for breach by such Bidder or such
member of the Joint Bid.
6.3.9. Bidding is open only to residents/entities incorporated under the appropriate law
in India.
6.3.10. Notwithstanding anything to the contrary contained herein, in the event that the
Proposal Due Date falls within three months of the closing of the latest financial
year of an Bidder, it shall ignore such financial year for the purposes of its Bid
and furnish all its information and certification with reference to the 3 (three)
years or 1 (one) year, as the case may be, preceding its latest financial year. For
the avoidance of doubt, financial year shall, for the purposes of a Bid hereunder,
mean the accounting year followed by the Bidder in the course of its normal
business.

6.4. Bid Evaluation Criteria

6.4.1. The criteria of selection will be based on the Implementation and Operational
Model proposed for the PHP with affordability and quality of healthcare as the
key parameters including project cost optimization, affordable patient care along
with cost adherence guarantees, assurances of quality norms and other critical
elements besides financial engineering to enable the development of a viable
model for affordable, quality tertiary healthcare.
6.4.2. The key parameters for evaluation (Evaluation Parameters Bid) would be:-
a) Optimum Capital Cost: Optimal capital cost design for modern, state-of-the-
art-hospital with at least 5 medical specialties ensuring high productivity, best
healthcare environment, green technology adoption and low energy cost;
b) Affordable Healthcare: Cost of delivered healthcare for outpatients, in-
patients and intensive care patients excluding pharmacy and diagnostics;
c) Affordability as the central element: Guaranteed beds for affordable
healthcare (as defined above) including surgery along with monitoring
mechanism for allocation of such beds on an ongoing basis;
d) Capability Assessment: Experience in hospital development, operations &
management;

56
 e) Financial Model: Innovative financing including obtaining CSR and
donations besides long term loan component, innovative designing of PHP
reducing construction cost, concessionaire management for diagnostics,
pharmacies and outsourcing services ancillary services;
f) Quality in Operations & Management: Demonstrated through accreditations
[National Accreditation Board for Hospitals & Healthcare Providers (NABH),
National Accreditation Board for Testing and Calibration Laboratories
(NABL), Accreditation standards for Medical Imaging Services, operating
volumes and quality & service level indicators as supplied to NABH and
NABL last three years.
6.4.3. The Proposal Presentation shall be made by the Bidders to an Expert Committee
detailing the Business model, Financial Model, the Operational and Management
Model, the pricing model, hospital design, architectural vision, the practices to be
followed, the viability of the proposed Operational and Management model, the
support sought from GMDA and why they should be entrusted with the PHP.
6.4.4. The detailed evaluation criteria are set out in the Table below.
MAX EVALUATION & MARKING
CRITERIA FOR EVALUATION
MARKS METHOD

A. Optimum Project Capital Cost

Lower the Optimum Project Capital

A. Design and construction to
ensure Optimal Project Capital Cost
for modern and green hospital for
high productivity, best health care
15
environment and low energy cost
(excluding capital cost of medical
diagnostic equipment, pharmacy and
land).[Base: Rs. 250 Crore]
Cost, higher the marks.
Base Optimum Project Capital Cost
of Rs. 250 Crore = 5 Marks.
Every reduction in the quoted
Optimum Project Capital Cost below
the Base by Rs. 5 Crore gets 1 mark
with an overall maximum of 15
Marks. Quoted Base Optimum
Project Capital Cost higher than the
Base gets 0 marks.

B. Affordable Health Care

B1. Percentage Beds guaranteed for Highest quoted Percentage Beds

affordable Healthcare only including 10 guaranteed for affordable Healthcare
Surgery and ICU. [Base: 80%] only including Surgery and ICU gets

57
 10 marks if the quoted percentage is
higher than the Base.

The other bids are prorated in

accordance with the distance from
the Base in comparison to the
distance of the Highest Bidder from
the Base. Quoted percentage beds
lower than the Base shall get zero
marks.

Lowest quoted OPD consultation fee

(excluding Diagnostics & Medicine)
gets 10 marks if the quoted OPD
consultation fee is lower than the
B2. OPD consultation fee Base.
(excluding Diagnostics & The other bids are prorated in
Medicine). 10 accordance with the distance from
[Base: Rs. 150 with maximum the Base in comparison to the
annual escalation of 5%] distance of the Lowest quoted OPD
consultation fee from the Base.
Quoted OPD consultation fee higher
than the Base shall get zero marks.

Lowest quoted Average daily basic

nursing and Clinician care charges
to Inpatients gets 10 marks if the
B3. Average daily basic nursing
quoted Average daily basic nursing
and Clinician care charges to
and Clinician care charges to
Inpatients in wards & rooms
Inpatients is lower than the Base.
including diet, consumables
(excluding Diagnostics and The other bids are prorated in
15
Medicine) accordance with the distance from
the Base in comparison to the
[Base: Rs. 3,000 with maximum
distance of the Lowest quoted
annual escalation of 5%]
Average daily basic nursing and
Clinician care charges to Inpatients
from the Base. Quoted Average
daily basic nursing and Clinician
care charges to Inpatients higher

58

B4. Average daily charges in ICU
and HDU including all costs other
than Diagnostics and Medicine
[Base: Rs. 8,000 with maximum
annual escalation of 5%]
B5. Percentage discount on Charges
for surgery and other interventions
excluding Diagnostics and
Medicine.
[Base: Charges for surgeries and
interventions as prescribed, from
time to time, under National Health
Protection Scheme or Ayushman
Bharat]
than the Base shall get zero marks.
Lowest quoted Average daily
charges in ICU and HDU including
all costs other than Diagnostics and
Medicine gets 10 marks if the
quoted Average daily charges in
ICU and HDU including all costs
other than Diagnostics and Medicine
is lower than the Base.
The other bids are prorated in
15 accordance with the distance from
the Base in comparison to the
distance of the Lowest quoted
Average daily charges in ICU and
HDU including all costs other than
Diagnostics and Medicine from the
Base. Quoted Average daily charges
in ICU and HDU including all costs
other than Diagnostics and Medicine
higher than the Base shall get zero
marks.
Lowest quoted Percentage discount
on Charges for surgery and other
interventions excluding Diagnostics
and Medicine gets 10 marks.
The other bids are prorated in
accordance with the distance from
the Base in comparison to the
distance of the Lowest quoted
15 Percentage discount on Charges for
surgery and other interventions
other than Diagnostics and Medicine
from the Base. Quoted If no
Percentage discount on Charges for
surgery and other interventions
excluding Diagnostics and Medicine
on the Base is quoted, then the
Bidder shall get zero marks.
59
C. Capability Assessment

Experience of Hospital Development

C1. Hospital Development
of one Hospital of 300 Beds will get
Experience: Developed Hospital
5 3 marks and every 100 beds will get
having combined strength of not
additional 1 mark with a maximum
less than 300 beds.
of 5 Marks

Experience of Hospital Operation &

C2. Hospital Operation &
Management of at least one 300+
Management Experience: Operated
5 Bed Hospital will get 3 marks and
and managed at least one 300+ bed
every 100 beds will get additional 1
hospital for at least 10 years
mark with a maximum of 5 Marks

D. Quality in Operations & Management

D1. List of Accreditations [National The evaluation on the Quality in

Accreditation Board for Hospitals &
Healthcare Providers (NABH),
National Accreditation Board for
Testing and Calibration Laboratories
(NABL), Accreditation Standards
for Medical Imaging Services,
ISO/IEC, International
Accreditations if any
Operations & Management would be
quantitative and qualitative and
based on a presentation made by the
Bidder before an Expert Committee
to be constituted by GMDA

D2. List of Empanelments, 5

Certificates, Permits, Licenses,
Registrations, NOCs etc.

D3. Operating Volume: Annual

OPD, IPD patients in the last three
years

D4. Quality & Service Level

indicators as supplied to NABH and
NABL last three years.

E. Financial Model
E1. Financial Model for raising the The evaluation on the five aspects of
PHP Capital Cost including 5 Financial Model of would be
Corporate Social Responsibility qualitative and based on a

60
(CSR) funding and donations. presentation made by the Bidder
before a Expert Committee to be
E2. Financial Model for Operations
constituted by GMDA
& Maintenance Cost including
Corporate Social Responsibility
(CSR) funding and donations.

E3. Measures to lower PHP Capital

cost through innovative design to
reduce construction cost, selection
of concessionaires for Diagnostics,
and outsourcing services of Kitchen,
Laundry, security, waste
management etc.
E4. Measures and Practices to
lower Operations & Management
cost through reduction in overheads,
selection of concessionaires for
Diagnostics, services such as
kitchen, laundry, security, waste
management etc.
E5. Expected internal rate of return
for the SPV based on the financial
modeling

6.5. Selection of Successful Bidder

6.5.1. The Bid Evaluation Parameters Quotes of all the Bidders who qualify the
eligibility conditions set out in sub-section 6.3 of this RFP will be opened.
6.5.2. The Bidders should submit the Bid Evaluation Parameters Quotes in the format
set out in Appendix XIV.
6.5.3. Proposal of the Bidders would be evaluated on the basis of the “Total Evaluation
Score” based on quotes contained in the Evaluation Parameters Bid and the
Evaluation Criteria set out in Clause 6.4.4.
6.5.4. GMDA shall rank the Bids received on the basis of the Total Evaluation Score
based on quotes contained in the Bid Evaluation Parameters Quotes and the

61
 Evaluation Criteria set out in Clause 6.4.4, with the Bid with the Highest Total
Evaluation Score being ranked as 1st and the remaining Bids ranked in the order
of descending Total Evaluation Score.
6.5.5. Award Criteria: Subject to the above, GMDA will consider the Bidder whose
Proposal has been determined to be responsive, complete and in accordance with
the RFP document and has received the Highest Total Evaluation Score based on
quotes contained in the Bid Evaluation Parameters Quotes and the Evaluation
Criteria set out in Clause 6.4.4, as the Preferred Bidder.
6.5.6. GMDA reserves the right to invite the Preferred Bidder for negotiations including
for the purposes of receiving, from the Preferred Bidder, quotes better than that
submitted and has received the Highest Total Evaluation Score based on quotes
contained in the Evaluation Parameters Bid and the Evaluation Criteria set out in
Clause 6.4.4, so as to achieve a higher Total Evaluation Score.
6.5.7. In the event that two or more Bidders receive the same Highest Total Evaluation
Score, GMDA may, at it sole discretion:
(a) Invite revised Bid Evaluation Parameters Quotes from the two or more
Bidders who have received the Highest Total Evaluation Score based on
quotes contained in the Evaluation Parameters Bid and the Evaluation Criteria
set out in Clause 6.4.4, provided that the Bidders will not be allowed to submit
any quote that leads to a Total Evaluation score lower than earlier submitted;
OR
(b) take any such measure as it may be deemed fit in its sole discretion, including
annulment of the Bidding Process.
6.5.7. GMDA may, in its discretion, invite the 2ndranked Bidder to substitute the short-
listed Bidders in the event of the Preferred Bidder‟s withdrawal from the Bid
Process or upon their failure to conform to the conditions specified herein. The
process may be continued till all the Bids have been exhausted or GMDA decides
to annul the bidding process.
6.5.8. Upon acceptance of the Proposal of the Preferred Bidder with or without
negotiations, GMDA shall declare the Preferred Bidder as the Successful Bidder.

6.6. Notification & Acknowledgment of Letter of Acceptance

6.6.1 On the basis of evaluation of the Bid Proposals and actions taken under sub-
section 6.5, GMDA will notify the Successful Bidder by mail and by a letter
(“Letter of Acceptance”) in the format set out in Appendix XV of this RFP that its
Proposal has been accepted.

62
6.6.2. Within 7 days of the date of the Letter of Acceptance (LoA), the Successful Bidder
shall acknowledge and accept the LoA and submit the Acknowledgement Letter
in the format set out in Appendix XVI of this RFP.

6.6.3. Within 30 (Thirty) days from the date of the Acknowledgment Letter, the
Successful Bidder shall execute the Shareholders Agreement as contained in
Appendix XVI of the RFP with GMDA.

6.6.4. Simultaneously with the signing of the Shareholders Agreement, the Successful
Bidder will provide a list of names for the SPV. GMDA shall endeavour to reach
mutual agreement with the Successful Bidder on the proposed names within the
period of 15 (Fifteen) days thereafter. However, in case no agreement can be
arrived at then the name of the SPV shall be decided by GMDA within 7 (Seven)
days from the expiry of the said 30 (Thirty) days from the date of signing of the
Shareholders Agreement.

6.6.5. Within 15 (Fifteen) days from the signing of the Shareholders Agreement, the
Successful Bidder shall deliver the draft of the Memorandum of Association and
the Articles of Association of the SPV for GMDA‟s approval. The Articles of
Association shall include and contain the terms of the Shareholders Agreement
faithfully and true to its context. GMDA will be entitled to identify its rights it
wants to be described as entrenched rights in terms of Section 5(3) of the
Companies Act, 2013, and the Articles of Association will include these as
entrenched rights. GMDA shall endeavour to reach mutual agreement with the
Successful Bidder on the Memorandum of Association and the Articles of
Association within the period of 30 (Thirty) days thereafter. However, in case no
agreement can be arrived at then the Memorandum of Association and the Articles
of Association shall be decided by GMDA within the parameters of the
Shareholders Agreement within a period of 10 (Ten) days from the expiry of the
period of 45 (Forty five) days from the date of signing of the Shareholders
Agreement.

6.6.6. The Successful Bidder will provide four subscribers to the Memorandum of
Association and the Articles of Association and GMDA shall provide four
subscribers. Each of these eight subscribers will subscribe to one Share for
incorporation purposes. The subscribers will act as nominees of the Successful
Bidder and GMDA, as the case may be, and upon incorporation of the SPV, each
nominee subscriber will sign the necessary forms and other documents for
recordation by SPV that the beneficial interest in the Share held by the nominee
subscriber is that of the Party which had nominated him or her. The shareholding

63
 of nominee subscriber will for all intent and purposes deemed to be the
shareholding of the nominating Successful Bidder or GMDA, as the case may be.

6.6.7. Within 4 (Four) months from the date of Acknowledgment Letter, the Successful
Bidder shall incorporate the Special Purpose Vehicle (SPV) under the provisions
of the Companies Act, 2013, for the purposes of implementing the PHP.

6.6.8. Within 7 (Seven) days of the incorporation under Clause 6.6.7, the Successful
Bidder and GMDA will each remit to the SPV an amount of Rs. 1 crore being
subscription to one lakh Shares (including the four shares subscribed by its
nominee subscribers as stated in clause 6.6.6) and the SPV will allot and issue
fully paid up one lakh Shares to the Successful Bidder and GMDA and their
nominee subscribers simultaneously

6.6.9. Within 30 (Thirty) days of the incorporation under Clause 6.6.7, the Successful
Bidder shall subscribe to 49,00,000 (Forty Nine lakhs) Shares by remitting to the
SPV an amount INR 49,00,00,00 (Rupees Forty nine crores)

6.6.10. Within 15 (fifteen) days of the remittance of the subscription amount by the
Successful Bidder under Clause 6.6.9, GMDA will subscribe to 49,00,000 (Forty
nine lakhs) Shares by remitting to the SPV an amount of INR 49,00,00,00
(Rupees Forty nine crores).

6.6.11. Upon receipt of the subscription amounts from the Successful Bidder and GMDA
as set out in Clauses 6.6.9 and 6.6.10, the SPV will allot and issue 49,00,000
(Forty Nine Lakh) Shares to each of GMDA and the Successful Bidder-Partner
simultaneously.

6.6.12. GMDA will promptly notify other Bidders that their Proposals have been
unsuccessful and their Bid Security will be released as promptly as possible upon
receipt of the Acknowledgment Letter from the Successful Bidder.

6.6.13. The milestones are encapsulated in the table below:

Sl.
Milestone Timelines
No.
1. Letter of Acceptance To
2. Acknowledgement Letter (Clause 6.6.2) T1 T0 + 7 days
Execution of Shareholders Agreement as
3. T2 T1 + 30 days
contained in Appendix XVI (Clause 6.6.3)

64
 Provide a list of names for the SPV (Clause
4. T2
6.6.4)
Deliver the draft of the Memorandum of
5. Association and the Articles of Association of T2 +15 days
the SPV. (Clause 6.6.5)
GMDA‟s endeavour to reach mutual
6. agreement with the Successful Bidder on the T2 + 15 days
proposed names for SPV. (Clause 6.6.4)
If no agreement on names of SPV, the
7. T2 + 22 days
GMDA‟s decision on names. (Clause 6.6.4)
GMDA‟s endeavour to reach mutual
agreement with the Successful Bidder on the
8. T2 + 45 days
Memorandum of Association and the Articles
of Association of the SPV. (Clause 6.6.5)
If no agreement on the Memorandum of
Association and the Articles of Association of
9. T2 + 55 days
the SPV, the GMDA‟s decision on the same.
(Clause 6.6.5)
T1 + 120 days
10. Incorporation of the SPV. (Clause 6.6.7) T3
(T2 + 90 days)
The Successful Bidder and GMDA to each
remit to the SPV an amount of Rs. 1 crore
11. T3 + 7 days
being subscription to one lakh Shares.(Clause
6.6.8)
The Successful Bidder to subscribe to
12. 49,00,000 Shares by remitting to the SPV an T4 T3 + 30 days
amount INR 49,00,00,00. (Clause 6.6.5)
GMDA to subscribe to 49,00,000 Shares by
13. remitting to the SPV an amount INR T4 + 15 days
49,00,00,00. (Clause 6.6.5)

65
 APPENDIX I

SCHEDULE OF BIDDING
GMDA would endeavour to adhere to the following Schedule of Bidding:

Sr.
Activity Description Date
No
Publication of the RFP on the Haryana
e-procurement portal and GMDA‟s
1 Xx November 2018
portal inviting Bid Proposals from
Bidders
Last Date and Time for submission of
2 Xx November 2018at 1700 Hours IST
queries/ clarifications

3 Pre-proposal Meeting* Date & Time Xx November 2018 at 1100 Hours IST

4 Proposal Due Date& Time Xx December 2018 at 1600 Hours IST

5 Opening of Eligibility Bid Xx December 2018 at 1500 Hours IST

6 Opening of Evaluation Parameters Bid To be indicated separately

* Venue for Pre-proposal Meeting

Gurugram Metropolitan Development Authority

Committee Room,
Plot No. 44, Sector 32,
Gurugram– Haryana
Email :advspl.gmda@gov.in

66
 APPENDIX II

LOCATION DETAILS

67
 APPENDIX III

FORMAT FOR SUBMISSION OF PROPOSAL

[On the letterhead of the Bidder or Lead Member of the Consortium]

[To be signed by the Lead Member, in case of a Consortium]

[Location, Date]

To:
Chief Executive Officer,
Gurugram Metropolitan Development Authority,
Plot No. 44, Institutional Area Sector-32,
Gurugram -122001

Dear Sir,

We, the undersigned, offer to partner Gurugram Metropolitan Development Authority

(GMDA) in the Public Healthcare Project (PHP) to plan, design, build, shared finance,
operate and maintain 500 bedded multi-specialty hospital on Public Private Partnership
(PPP) basis with GMDA in Sector-67, Gurugram as specified in Request for Proposal
(RFP) released by GMDA on ________.

We are hereby submitting our proposal in the prescribed formats as specified in the RFP
(the “Proposal) for your consideration.

1) The Proposal is unconditional and unqualified.

2) All information provided in the Proposal and in the Appendices is true and
correct.
3) The statements made herein are for the express purpose of qualifying as a Bidder
for the aforesaid Project.
4) I/We shall make available to the GMDA any additional information it may find
necessary or require to clarify, supplement or authenticate the Proposal.

68
5) I/ We acknowledge the right of the GMDA to reject our Proposal without
assigning any reason or otherwise and hereby waive our right to challenge the
same on any account whatsoever.
6) We certify that in the last three years, we/any of the Members of the Consortium
have neither failed to perform on any contract, as evidenced by imposition of a
penalty or a judicial pronouncement or arbitration award, nor been expelled from
any project or contract nor have had any contract terminated for breach on our
part.
7) I/ We declare that:
(a) I/ We have examined and have no reservations to the Bidding Documents,
including the Addendum issued by the GMDA.
(b) I/ We do not have any conflict of interest in accordance with Clause 4.11.7 of
the RFP document;
(c) I/We have not directly or indirectly or through an agent engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice, as defined in Clause 4.11.4 of the RFP
Document, in respect of any tender or request for proposal issued by or any
agreement entered into with the GMDA or any other public sector enterprise
or any government, Central or State; and
(d) I/We hereby certify that I/we have taken steps to ensure that in conformity
with the provisions of Clauses 4.11.4 to 4.11.5 of the RFP Document, no
person acting for us or on our behalf has engaged or will engage in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice.
(e) I/ We understand that you may cancel the Bidding Process at any time,
without incurring any liability to the Bidders and in accordance with Clause
4.10.2 of the RFP Document. Further, you are neither bound to accept any
proposal that you may receive nor bound invite the Bidders to submit
proposals for the project.
8) I/We declare that we satisfy and meet the requirements as specified in the RFP
Document and are eligible to submit a Proposal in accordance with the terms of
the RFP Document.
9) I/ We declare that neither are we submitting anther proposal in response to the
RFP nor are we members of any consortium which may be submitting any other
proposal in response to the RFP.
10) I/We certify that we have not been indicted or convicted by a Court of Law or
suffered any adverse orders passed of any regulatory authority in any matter

69
 which could cast a doubt on our ability to undertake the PHP.
11) I/We further certify that we have not been charge-sheeted by any agency of the
Government or convicted by a Court of Law for any offence committed by us in
regard to any matter relating to security and integrity of the India,.
12) I/We certify that no investigation by a regulatory authority is pending either
against us or against our CEO or any of our Directors or any shareholder holding
not less 10% of our issued and subscribed equity share capital; or I/ We certify
that no investigation by a regulatory authority is pending either against us or
against any member of our Trust/Society. (strike out whichever is not applicable)
13) I/We undertake that in case due to any change in facts or circumstances during the
Bidding Process, we are attracted by the provisions of disqualification, we shall
intimate the GMDA of the same immediately.
14) We acknowledge and agree that if there is any change in composition of our
Consortium during the Bidding Process, GMDA may forthwith disqualify us.
[this clause is not applicable if the Bidder is not a Consortium]
15) I/We understand that I/the Consortium shall incorporate a Company under the
Companies Act, 2013 prior to execution of the Shareholders Agreement.
16) In case of a Consortium, the Company so incorporated under para (15) shall
clearly, unambiguously and unequivocally provide for the
shareholding/ownership equity commitments and the obligations, roles and
responsibilities on each Member of the Consortium in so far as implementation of
the PHP is concerned. We commit that 51% shareholding in the paid up share
capital of the Company so incorporated shall be and remain with ____________
[Name of Lead Bidder]. [this clause is not applicable if the Bidder is not a
Consortium]
17) I/We hereby irrevocably waive any right which we may have at any stage at law
or howsoever otherwise arising or accruing to challenge or question any decision
taken by the GMDA in connection with the selection of the Bidder, or in
connection with the Bidding Process itself, in respect of the above mentioned
project and the terms and implementation thereof.
18) I/We have studied all the Bidding Documents carefully and also surveyed the
Project Site and other matters mentioned in the Bidding Documents including in
Clause 4.3.6 and 4.10.3 of the RFP Document. We understand that we shall have
no claim, right or title arising out of any documents or information provided to us
by the GMDA or in respect of any matter arising out of or concerning or relating
to the Bidding Process.
19) The Bid Evaluation Parameters has been quoted by me/us after taking into

70
 consideration all the terms and conditions stated in the RFP Document, draft
Shareholders Agreement, our own estimates and after a careful assessment of the
PHP and all the conditions that may affect the Proposal.
20) I/We confirm our having submitted the Bid Security of Rs. 1,00,00,000 (Rupees
One Crore only) to the GMDA in accordance with the RFP Document. The
component of Bid Security required in the form of a Bank Guarantee as per RFP
is attached.
21) I/We agree and understand that the Proposal is subject to the provisions of the
Bidding Documents. In no case, I/We shall have any claim or right of whatsoever
nature if the PHP is not awarded to me/us or our Proposal is not opened.
22) I/We agree and undertake to abide by all the terms and conditions of the Bidding
Documents including the RFP Document.
23) I/We agree to keep and confirm that our Proposal is valid up to 240 days from
Proposal Due Date.
24) We hereby agree and undertake that notwithstanding any qualifications or
conditions, whether implied or otherwise, contained in our Proposal we hereby
represent and confirm that our Proposal is unqualified and unconditional in all
respects and we agree to the terms of the Draft Shareholders Agreement, a draft of
which also forms a part of the RFP Document provided to us.
25) We hereby declare that all the information and statements made in this Proposal
are true and accept that any misinterpretation or incorrect averments contained
therein may lead to our disqualification.

26) Our Proposal is binding upon us and subject to the modifications resulting from
negotiations, if any.

27) I/We understand that you are not bound to accept any Proposal you receive.

Yours sincerely,
___________________________
Signature of Authorized Signatory
Name:
Designation:
Name of Bidder/Lead Member Consortium:
Address:

71
 APPENDIX IV

POWER OF ATTORNEY AUTHORISING SIGNATORY

(To be executed by Bidder; and in case of a Joint Bid by a Consortium, this document
shall be executed all the members of the Consortium submitting the Joint Bid)
[On non-judicial stamp paper of Rs 100/-]

Whereas Gurugram Metropolitan Development Authority (GMDA) has invited proposals

by its request-for-proposal no. [***] dated [***] (“RFP”) for selecting a partner for
designing, building, financing, operating and maintaining a multi-specialty hospital in the
city of Gurugram on public-private partnership basis for providing affordable healthcare
(“Public Healthcare Project” or “PHP”);

Whereas I/We …………………………………………… [Name of Bidder and address

of the registered office] have submitted a Bid for the PHP:

Whereas I [name of the Bidder/Lead Bidder] are desirous of appointing an attorney to

represent us and perform certain acts, deeds and things on our behalf in respect of the
Bid for the PHP.

NOW THIS POWER OF ATTORNEY WITNESSETH THAT

We, [name of the Bidder/Lead Bidder] do hereby constitute, appoint and authorise Mr./
Ms.…………………… ………… [name, designation 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
Proposal to for the PHP including signing and submission of all documents and
providing information/responses to GMDA, representing us in all matters before
GMDA, and generally dealing with GMDA in all matters in connection with the bid for
the PHP
I/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:
Name of Bidder: ______________________________________________
Registered Address: ____________________________________________

72
Name of authorised Director/Company Secretary: ___________________
Signature: ____________________________________________________
Accepted
Signature of Authorized Attorney: _________________________
Name: _______________________________________________
Designation: __________________________________________
Address: _____________________________________________
_____________________________________________
Contact Details (Phone/Fax): _____________________________
E-mail Address: _______________________________________

NOTE: (1) 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 Memorandum &
Articles of Association or other charter documents of the executant(s), as the case may
be,. Further, when it is so required the execution should be under common seal affixed
in accordance with the required procedure.
(2) In case the Proposal is signed by an authorised Director of the Bidder, a certified
copy of the appropriate resolution/document conveying such authority may be enclosed
in lieu of the Power of Attorney.

73
 APPENDIX V

POWER OF ATTORNEY BY MEMBERS OF CONSORTIUM

SUBMITTING JOINT BID

(If the bid is being submitted by a Consortium, each Member of the Consortium shall
sign this document)
[On non-judicial stamp paper of Rs 100/-]

Whereas Gurugram Metropolitan Development Authority (GMDA) has invited proposals

by its request-for-proposal no. [***] dated [***] (“RFP”) for selecting a partner for
designing, building, financing and operating a multi-specialty hospital in the city of
Gurugram on public-private partnership basis for providing affordable healthcare
(“Public Healthcare Project” or “PHP”);and

Whereas, the signatories to this Power of Attorney have formed a consortium (the
Consortium) to jointly bid for the PHP (the Joint Bid) and if the PHP is awarded to the
Consortium, the PHP will be implemented through a special purpose company to be
incorporated by them; and

Whereas, it is necessary under the RFP Document for the members of the Consortium to
designate one of the members as the Lead Member who will have all necessary power
and authority to represent the Consortium, and to do for and on behalf of the
Consortium, all acts, deeds and things as may be necessary in connection with the
Consortium‟s Joint Bid for the PHP.

NOW THIS POWER OF ATTORNEY WITNESSETH THAT;

We, the following:

M/s. _________________________ (legal entity status and registered office)

M/s __________________________ (legal entity status and registered office); and
M/s _________________________ (legal entity status and registered office) the

74
do hereby:

1. Nominate and designate M/s. __________________________ being one of the

members of the Consortium, as the Lead Member of the Consortium;

2. Authorize and grant the power to the Lead Member, to do on behalf of the
Consortium, all or any of the acts, deeds or things necessary or incidental to the
Consortium‟s Joint Bid for the PHP, including submission of Proposal,
participating in conferences, responding to queries, submission of information/
documents and generally to represent the Consortium in all its dealings with
GMDA, any other Government Agency or any person, in connection with the
PHP until culmination of the process of bidding and thereafter till the
Shareholders Agreement is entered into with GMDA.

The Lead Member is empowered and has the authority to delegate all or any of the
powers and authorities granted above to any of its officers and agents and all acts, deeds
and things done by any such delegate shall be deemed to have been done by the Lead
Member on behalf of the Consortium..

All We hereby confirm acts deeds and things done by our aforesaid attorney shall and
shall always be deemed to have been done by us/Consortium.

We hereby ratify all acts, deeds and things done by the Lead Member and agree to ratify
all such acts, deeds and things done by the Lead Member pursuant to this Power of
Attorney.

Dated this the __________________Day of ____________________2018

For Executants:
1) Name of Bidder: ______________________________________________
Registered Address: ____________________________________________
Name of authorised Director/Trustee/Company Secretary: ____________
Signature: ____________________________________________________
2) Name of Bidder: ______________________________________________
Registered Address: ____________________________________________
Name of authorised Director/Trustee/Company Secretary: ____________
Signature: ____________________________________________________

75
 3) Name of Bidder: ______________________________________________
Registered Address: ____________________________________________
Name of authorised Director/Trustee/Company Secretary: ____________
Signature: ____________________________________________________

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 Memorandum & Articles of
Association or any other charter documents, as applicable, of the executant(s). If such
document is required to signed under common seal – the appropriate procedure for that
must be followed] and when it is so required the same should be under common seal
affixed in accordance with the required procedure.

76
 APPENDIX VI

BIDDER PROFILE

Important: If the Bid is submitted by a Consortium, then this document shall be filled
separately by each Member of the Consortium

1. Description of Bidder:

(a) Name:
(b) Address of the registered office, corporate headquarters, and its branch
office/s, if any, in India:
(c) Act of Parliament or State Legislature under which incorporated:
(d) Date of incorporation and/or commencement of business:

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

3. Details of individual/s who will serve as the point of contact / communication

with GMDA:
(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

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

77
 (h) Mobile Number :

5. Complete Details of Bidder/each Bidder in case of Joint Bid

78
 BIDDER INFORMATION
Sl.
No. (where Bidder is a Company registered under the Companies Act, 1956 or
Companies Act, 2013)

1. Name of Company

2. Registered Address of Company

3. Phone & e-mail address

4. Principal areas of business of Company

5. Number of years in business

6. Date of incorporation of Company

(Please specify date & attach copies of
certificate of incorporation, certificate
of commencement of business, Articles
of Association and Memorandum of
Association.)

7. GST Registration No.

(Please attach document)

8. Is the Company is in ownership of

Hospitals in India? (Yes/No)

9. If yes to (8), list of Hospitals owned by (c) Name of Hospital:

Address:
the Company with address of Hospital
be provided along with no of years for No. of years functioning:
which each hospital has been
No. of beds in Hospital:
functioning and whether the Hospital is
a charitable Hospital (Yes/No). Whether Hospital is a charitable
Hospital:

(d) Name of Hospital:

Address:
No. of years functioning:

79
 No. of beds in Hospital:

Whether Hospital is a charitable

Hospital:

(c) ……………………………

80
10. Is the Company managing Hospitals in
India? (Yes/No)

11. If yes to (10), list of Hospitals being (e) Name of Hospital:

Address:
managed by the Company with address
of Hospital be provided along with no No. of years functioning:
of years for which each hospital has
No. of beds in Hospital:
been functioning and whether the
Hospital is a charitable Hospital Whether Hospital is a charitable
(Yes/No). Hospital:

(f) Name of Hospital:

Address:
No. of years functioning:
No. of beds in Hospital:

Whether Hospital is a charitable

Hospital:

(c) ……………………………

12. Pl attach Certificate(s) of accreditation

from National Accreditation Board for
Hospitals and Healthcare Providers
(NABH) indicating the accreditation
status with requisite details of the
Hospitals mentioned in serial no. (9)
and (11)of this Table for the last three
years.

13. Pl attach Certificate(s) with requisite

details of the Hospitals mentioned in
serial no. (9) and (11) of this Table for
the last three years.

14. Net Worth of Company for the last

three years
(Pl attach certificate(s) from its

81
 Statutory Auditors and bankers
specifying the net worth and credit
worthiness)

15. Annual turnover for the last 3 years

16. Please attach copy of audited Balance

Sheet and Statement of Income and
Expenditure for the last three years

17. Details of Income Tax paid for last

three years ending 31-3-2018
(Pl attach copy of Income Tax Returns
for last three years ending 31-3-2018)

18. PAN No.

19. Whether Company has ever been

debarred, specify Yes/No

20. Please include qualifications of your Hospital Development Experience.

21. Please include qualifications of your Hospital Operation & Management

Experience.

22. Please provide a detailed note on the Financing Model for the Capital Cost of the
PHP.

23. Please provide a detailed note on the Financing Model for the Operations &

82
 Management of the PHP.

24. Please provide a detailed note on why you would be the best Partner Entity for
GMDA in fulfilling its objective of establishing a modern, state of the art tertiary
healthcare facility, which combines the best quality practices the societal
responsibility of providing affordable and low cost healthcare

Signature of Authorized Person: _________________________

Name: ______________________________________________
Designation: _________________________________________
Address: ____________________________________________
____________________________________________
Contact Details (Phone/Fax): ____________________________
E-mail Address: ______________________________________

83
 BIDDER INFORMATION
Sl.
No. (where Bidder is a registered Charitable Trust or registered Charitable Society)

1. Name of Charitable Trust/Charitable Society

2. Registered Address

3. Phone& e-mail address

4. Principal areas of functioning of Charitable

Trust/Charitable Society

5. Number of years functioning

6. Legislation under which the Charitable

Trust/Charitable Society is registered with Date
of registration

(Please specify date & attach copies of

certificate of registration, Trust Deed/Bye-laws
etc.)

7. GST Registration No.

(Please attach document)

8. Is the Charitable Trust/Charitable Society is in

ownership of Hospitals in India? (Yes/No)

(a) Name of Hospital:

9. If yes to (8), list of Hospitals owned by the Address:
Charitable Trust/Charitable Society with
address of Hospital be provided along with no No. of years functioning:
of years for which each hospital has been No. of beds in Hospital:
functioning and whether the Hospital is a
Whether Hospital is a
charitable Hospital (Yes/No).
charitable Hospital:

(b) Name of Hospital:

84
 Address:
No. of years functioning:
No. of beds in Hospital:
Whether Hospital is a
charitable Hospital:

(c) ……………………………

85
10. Is the Charitable Trust/Charitable Society
managing Hospitals in India?
(Yes/No)

(a) Name of Hospital:

11. If yes to (10), list of Hospitals being managed Address:
by the Charitable Trust/Charitable Society with
address of Hospital be provided along with no No. of years functioning:
of years for which each hospital has been No. of beds in Hospital:
functioning and whether the Hospital is a
Whether Hospital is a
charitable Hospital (Yes/No).
charitable Hospital:

(b) Name of Hospital:

Address:
No. of years functioning:
No. of beds in Hospital:
Whether Hospital is a
charitable Hospital:

(c) ……………………………

12. Pl attach Certificate(s) of accreditation from

National Accreditation Board for Hospitals and
Healthcare Providers (NABH) indicating the
accreditation status with requisite details of the
Hospitals mentioned in serial no. 8. and 10.of
this Table for the last three years.

13. Pl attach Certificate(s) with requisite details of

the Hospitals mentioned in serial no. 8. and
10.of this Table for the last three years.

14. Net Worth of Charitable Trust/Charitable

Society for the last three years

(Pl attach certificate(s) from its Statutory

Auditors and bankers specifying the net worth

86
 and credit worthiness)

15. Annual turnover for the last 3 years

16. Please attach copy of audited Balance Sheet

and Statement of Income and Expenditure for
the last three years

17. Details of Income Tax paid for last three years

ending 31-3-2018

(Pl attach copy of Income Tax Returns for last

three years ending 31-3-2018)

18. PAN No.

19. Whether the Charitable Trust/Charitable

Society has ever been debarred, specify Yes/No

If Yes, please provide complete details with

documentary proof annexed

20. Please include qualifications of your Hospital Development Experience.

21. Please include qualifications of your Hospital Operation & Management

Experience.

22. Please provide a detailed note on the Financing Model for the Capital Cost of the
PHP.

87
 23. Please provide a detailed note on the Financing Model for the Operations &
Management of the PHP.

24. Please provide a detailed note on why you would be the best Partner Entity for
GMDA in fulfilling its objective of establishing a modern, state of the art tertiary
healthcare facility, which combines the best quality practices the societal
responsibility of providing affordable and low cost healthcare

Signature of Authorized Person: _________________________

Name: ______________________________________________
Designation: _________________________________________
Name of Bidder: ______________________________________
Address: ____________________________________________
____________________________________________
Contact Details (Phone/Fax): ____________________________
E-mail Address: ______________________________________

*Note: Please note that in absence of above-mentioned documents or not providing

any information in support of the responses in the tables above, the Bid
Proposal may not be considered at all.

88
 APPENDIX VII

FORMAT FOR MEMORANDUM OF UNDERSTANDING

AMONGST MEMBERS OF CONSORTIUM SUBMITTING

JOINT BID
(On Non –judicial stamp paper of appropriate value but a minimum of Rs 100/- and to
be signed in the presence of witnesses and duly attested by Notary Public)

This Memorandum of Understanding (MoU) entered into this _____day of ________

2018 at __________
AMONG
_____________________ 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
_____________________ 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
____________________ 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

The parties are individually referred to as Party and collectively as Parties.

Whereas GMDA had invited proposals by its request-for-proposal no. [***] dated [***]
(“RFP”) for selecting a partner for designing, building, financing and operating a multi-
specialty hospital in the city of Gurugram on public-private partnership basis for
providing affordable healthcare (“Public Healthcare Project” or “PHP”)as per the terms
contained in the RFP Document and in terms of Shareholders Agreement;

AND WHEREAS the Parties are Bidding for the PHP as a consortium(the “Consortium)

89
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 will form a Special Purpose Company (“SPC”) with the
shareholding commitments expressly stated. If the PHP is awarded to our
Consortium, the SPC be the entity that will enter in to the shareholders agreement
with GMDA (the “Shareholders Agreement”). The said SPC shall not undertake
any other business during the Bid Validity Period or during the currency of the
Shareholders Agreement.
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 RFP Document.
3) That M/s_______________, M/s__________, and M/s. ____________ who are
Members of the Consortium commit to hold, during the Bid Validity Period, the
equity stakes in the SPC in line with the requirements of RFP Document.
4) That the shareholding commitments shall be recorded in the Shareholders
Agreement and no change of control of the SPC will be allowed except in
accordance with the provisions of the Shareholders Agreement.
5) That each Party the will carry out and will cause the SPC to carry out all
obligations and responsibilities in terms of the Shareholders Agreement.
6) That the obligations, roles and the responsibilities of each Party at each stage of
the PHP shall be as follows:
[here set out the respective obligations, roles and responsibilities of each Member
of the Consortium]
7) That the Parties shall be jointly and severally liable for the implementation of the
PHP in accordance with the terms of the Shareholders Agreement.
8) That the Parties affirm that they shall implement the PHP in good faith and shall
take all necessary steps to ensure the expeditious implementation of the PHP.
9) That this MoU shall be governed in accordance with the Laws of India .

In witness whereof, the Parties have signed this MoU on the date and year above
mentioned.

90
 1. First Party: Name of Authorised Signatory, Designation & Address

2. Second Party: Name of Authorised Signatory, Designation & Address

3. Third Party: Name of Authorised Signatory, Designation & Address

Witness:
1) 2)

Attested
[Notary Public]

91
 APPENDIX VIII

PROPOSAL DECLARATION
[On non-judicial stamp paper of Rs 100/-]
By executing this Proposal Declaration, the Bidder agrees to the provisions of the RFP
and this Proposal Declaration.

To:
The Chief Executive Officer,
Gurugram Metropolitan Development Authority
Plot No. 44, Sector 32,
Gurugram-122001

Attention: Advisor (Special Projects), GMDA

In consideration of the GMDA‟s offer to consider our Proposal in accordance with the
terms of the RFP, the Bidder/Joint Bidder hereby agrees, confirms and acknowledges on
its own behalf and on behalf of each member of the Joint Bid, to the extent applicable to
such Bidder and within the reasonable knowledge of such Bidder, that:

1. Proposal
a) this Proposal Declaration Form has been duly authorized and validly executed by
the Bidder/Joint Bidder;
b) the Bidder/Joint Bidder is bound by all statements and representations in its
Proposal;
c) its Proposal strictly conforms with the RFP and that any failure to strictly conform
with the RFP may, in the discretion of GMDA, be cause for rejection of its
Proposal;
d) its Proposal is made without collusion or fraud or misrepresentation of facts; and
e) GMDA reserves the right to verify information in its Proposal and conduct such
checks as may be required, on all or any of the Bidder(s), and by submitting the
Proposal, the Bidder or each Bidder (in case of a Joint Bid) agrees that they
consent to the conduct of all or any of those checks by GMDA.

92
2. Acknowledgements with Respect to the RFP
a) the Bidder or each Bidder (in case of a Joint Bid)has received, read, examined and
understood the entire RFP including all of its terms and conditions, all documents
listed in the RFP, and all Appendices;
b) the Bidder/Joint Bidder has provided a Proposal that does not go beyond the
requirements as defined in the RFP especially that contained in Clause 6.4.4;
c) the Bidder or each Bidder (in case of a Joint Bid)agrees to be bound by the entire
RFP including all of its terms and conditions, all documents listed in the RFP, and
all Appendices;
d) the Bidder‟s representative identified below is fully authorized to represent the
Bidder/all Bidders (in case of a Joint Bid) in any or all matters related to its
Proposal, including but not limited to providing clarifications and additional
information that may be requested in association with the RFP;
e) the Bidder has disclosed all relevant relationships of the Bidder or each Bidder (in
case of a Joint Bid), in accordance with the instructions and format outlined in the
Relationship Disclosure Form; and
f) the Shareholder Agreement is in a form acceptable to the Bidder or each Bidder
(in case of a Joint Bid)and such Bidder will comply with the requirements of the
Shareholder Agreement, including by rectifying any non-compliances (material or
otherwise) in its Proposal.

3. Consent of Bidder(s)
1. The Bidder has obtained the express written consent and agreement of
each Bidder (in case of a Joint Bid), as listed below, to all terms of this
Proposal Declaration Form to the extent applicable to such Bidder, and
within the reasonable knowledge of such Bidder.

4. The Bidder/Bidders (in case of a Joint Bid) consists of:

Extent of Authorised
Name of Bidder Address Participation Representative with
Designation

5. Declaration by Authorised Signatory

I, ____________________son of ___________________ resident of ________________

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having been duly authorized on behalf of the Bidder(s), do hereby solemnly affirm and
declare as under:

Whereas GMDA had invited proposals by its request-for-proposal no. [***] dated [***]
(“RFP”) for selecting a partner for designing, building, financing and operating a multi-
specialty hospital in the city of Gurugram on public-private partnership basis for
providing affordable healthcare (“Public Healthcare Project” or “PHP”) and the
Bidder(s) have submitted a Bid thereof;

Now, therefore, I, the undersigned, do hereby certify that all the information supplied as
accurate, true and correct.

The undersigned also authorize(s) and request(s) any bank, person or firm to furnish any
information requested by the GMDA to verify any pertinent information deemed
necessary and for otherwise inquiring about our reputation.

The undersigned also understands and agrees to supply any further information as may be
required by GMDA.

The undersigned also understands that furnishing of false information could result in
disqualification of his Bid for the PHP, and if so awarded, GMDA shall withdraw the
LoA or terminate the Agreement, as the case may be, without being liable in any manner.

Signature of Authorized Person: _________________________

Name: ______________________________________________
Designation: _________________________________________
Name of Bidder: ______________________________________
Address: ____________________________________________
____________________________________________
Contact Details (Phone/Fax): ____________________________
E-mail Address: ______________________________________

Note: If the Bidders are submitting a Joint Bid – this form is to be executed by each of
Bidder, as applicable, as identified in the response to the RFP.

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 APPENDIX IX

FORMAT FOR NON-COLLUSION CERTIFICATE

(To be executed by all the Members in case of Consortium)
(On the Letter Head of Bidder/ Each Consortium Member)

NON-COLLUSION CERTIFICATE

We hereby certify and confirm that in the preparation and submission of this Proposal,
we have not acted in concert or in collusion with any other Bidder(s) and also not done
any act, deed or thing which is or could be regarded as anti-competitive.

We further confirm that we have not offered nor will offer any illegal gratification in cash
or kind to any person or agency in connection with the instant Proposal.

Dated this ……………………..Day of …………………., 2018

____________________________
Signature of Authorised Signatory
Name of Authorised Signatory:
Designation:
Name of Bidder/Member of Consortium:
Address:

95
 APPENDIX X

FORMAT FOR AFFIDAVIT

(On a Stamp Paper of relevant value by Bidder/ Each Consortium Member)

Affidavit of [ ] son/daughter of [] resident of [Address]

,I, [ ], the deponent above named do hereby solemnly affirm and declare as under:

1. GMDA had invited proposals by its request-for-proposal no. [***] dated [***]
(“RFP”) for selecting a partner for designing, building, financing and operating a
multi-specialty hospital in the city of Gurugram on public-private partnership
basis for providing affordable healthcare (“Public Healthcare Project” or
“PHP”).

2. That [name of the Bidder]/a Consortium consisting of [names of each Member of

the Consortium] has/have bid for the PHP, {and [Name] is the designated Lead
Member with power and authority to act for the other members of the
Consortium]}

3. The undersigned is an attorney of the [name of the Bidder/Lead Member of the

bidding Consortium] under a Power of Attorney dated [ ] granted by [the
Bidder/the Lead Member]. I state that I am authorized and empowered to make
this Affidavit on behalf of the Bidder/the Lead Member.

4. I certify that all the information provided in the Proposal is accurate, complete,
true and correct.

5. I state that the Bidder [or the Lead Member] has no objection to GMDA seeking
any information, including background checks, credentials, and reputation
concerning the Bidder [or any member of the Consortium] from any person
including any bank or financial institution. deemed pertinent by GMDA. The
undersigned also authorize(s) and request(s) any bank, person or firm to furnish
any information requested by the GMDA to verify any pertinent information
deemed necessary and for otherwise inquiring about our reputation.

6. The undersigned also understands and agrees to supply any further information as
may be required by the GMDA.

96
7. The undersigned acknowledges that furnishing of false information could result in
the disqualification of [name of the bidder/Consortium] for the Project and if
falsity of any information is discovered post the award of the Letter of
Acceptance or execution of the Shareholders Agreement, GMDA shall have the
right to withdraw the Letter of Acceptance or terminate the Shareholders
Agreement, as the case may be, without incurring any liability.

Deponent
Verification:
I, (name), verify that the contents of my above affidavit are true, nothing is false therein,
and nothing material has been concealed there from.

Verified at (place) on this ______Day of ________________, 2018

____________________________
Deponent

Attested

[Notary Public]

97
 APPENDIX XI

FORMAT FOR AFFIDAVIT CERTIFYING THAT

ENTITY/DIRECTORS/MEMBERS OF ENTITY ARE NOT
BLACKLISTED
(In case of Consortium, each Member of the consortium is to furnish a separate
Affidavit)
(On a Stamp Paper of appropriate value)

AFFIDAVIT

I/We M/s. ……………… (Sole Bidder/Lead Member/ Other Member of Consortium),

(the names and addresses of the registered office) hereby certify and confirm that as on
the Proposal Due Date we or any of our promoter(s)/director(s)/member(s) are not barred
or blacklisted by any State Government or Central Government /Department/Agency in
India, either individually or as member of any Consortium.

We further confirm that we are aware that as per Clause 4.13, our Proposal for the
captioned project is liable to be rejected in case any material misrepresentation is made or
discovered with regard to the requirements of the RFP Document at any stage of the
Bidding Process or thereafter during the validity of the Shareholder Agreement.

Dated this ……………………..Day of …………………., 2018

____________________________
Signature of Authorised Signatory
Name of Authorised Signatory:
Designation:
Name of Bidder/Member of Consortium:
Address:

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 APPENDIX XII

UNDERTAKING BY BIDDER INVOLVING A SINGLE ENTITY

(On Non –judicial stamp paper of appropriate value but a minimum of Rs 100/- and to
be signed in the presence of witnesses and duly attested by Notary Public)

Affidavit of [ ] son/daughter of [] resident of [Address]

,I, [ ], the deponent above named do hereby solemnly affirm and declare as under:

1. GMDA had invited proposals by its request-for-proposal no. [***] dated [***]
(“RFP”) for selecting a partner for designing, building, financing and operating a
multi-specialty hospital in the city of Gurugram on public-private partnership
basis for providing affordable healthcare (“Public Healthcare Project” or
“PHP”).

2. That [name of the Bidder] has bid for the PHP, and the undersigned is an attorney
of the [name of the Bidder] under a Power of Attorney dated [ ] granted by [the
Bidder]. I state that I am authorized and empowered to make this Affidavit on
behalf of the Bidder.

3. That the undersigned as an attorney of the Bidder commits that the Bidder will
form a Special Purpose Company (“SPC”) as the sole shareholder for the
purposes of the PHP. If the PHP is awarded to our Consortium, the SPC will be
the entity that will enter in to the shareholders agreement with GMDA (the
“Shareholders Agreement”). The said SPC shall not undertake any other business
during the Bid Validity Period or during the currency of the Shareholders
Agreement.

4. That the Bidder commits to hold, during the Bid Validity Period, the equity stakes
in the SPC in line with the requirements of RFP Document.

5. That the Bidder shall be liable for all the obligations of the SPC towards the
implementation of the PHP in accordance with the terms of the Shareholders
Agreement.

99
6. That the Bidder affirm that the SPC shall implement the PHP in good faith and
shall take all necessary steps to ensure the expeditious implementation of the
PHP.

Dated this ……………………..Day of …………………., 2018

____________________________
Signature of Authorised Signatory
Name of Authorised Signatory:
Designation:
Name of Bidder/Member of Consortium:
Address:

100
 APPENDIX XIII

FORMAT FOR BID SECURITY

(On Bank’s letter head with adhesive stamp)

To:
Chief Executive Officer,
Gurugram Metropolitan Development Authority,
Plot No. 44, Institutional Area Sector-32,
Gurugram -122001
[Location, Date]

Bid No. _______ Date of Opening _____________

KNOW by all those present that we ____________________of ____________________

(Name and address of Bank) having our registered office at _________________
(hereinafter called “the bank”) are bound unto Gurugram Metropolitan Development
Authority (hereinafter called “GMDA”) for the sum of Rs. _____________ (Rupees
_____________ only) for which payment truly to be made to GMDA, the Bank hereby
binds itself, its successors and assigns by these present.

Whereas........................... (NAME OF BIDDER) has submitted its bid

dated...................... (date of submission of bid) for a Public Healthcare Project involving
designing, building, partially financing, equipping, operating and maintaining a 500-bed
modern, state-of-the-art hospital providing high quality healthcare at affordable cost in
Sector-67, Gurugram in terms of the Request for Proposal due on ------------------- issued
by GMDA, (hereinafter called “the Bid”).

AND WHEREAS the Bidder is required to furnish a irrevocable Bank Guarantee for the
sum of Rs. 1,00,00,000 (Rs. One Crore only).

101
AND WHEREAS__________________ (Name of Bank) have, at the request of the
Bidder, agreed to give this guarantee as hereinafter contained without demur.

1. We agree as follows:
(a) That GMDA may without affecting this guarantee grant time of or other
indulgence to or negotiate further with the Bidder in regard to the conditions
contained in the said bid and thereby modify these conditions or add thereto
any further conditions as may be mutually agreed upon between GMDA and
the Bidder.
(b) That the guarantee hereinbefore contained shall not be affected by any change
in the constitution of our Bank or in the constitution of the Bidder.
(c) That any demand made by GMDA shall be conclusive evidence against us of
the amount due hereunder and shall not be questioned by us.
(d) That this guarantee commences from the date hereof and shall remain in force
till:
(i) the Bidder, in case his Bid Proposal is accepted by GMDA, -
a. executes the Shareholders Agreement as per the provisions of the RFP
Document; and
b. the Bidder, in case his Bid Proposal is accepted by GMDA,
incorporates the Special Purpose Vehicle under the provisions of the
Companies Act, 2013, and provides their complete contribution to the
paid up share capital of the incorporated Company; or
(ii) 180 (one hundred and eighty days) days from the Proposal Validity Period
(e) That the expression „the Bidder‟ and „the Bank‟ herein used shall, unless such
an interpretation is repugnant to the subject or context, include their respective
successor(s) and assigns.
2. The Conditions on this obligation as per RFP Document are:
(b) If the Bidder withdraws its Proposal except as provided in Clause 4.18.1; or
(c) If the Bidder modifies or withdraws its Proposal during the interval between the
Proposal Due Date and expiration of the Proposal Validity Period; or
(d) If the Bidder fails to accept the Letter of Acceptance (LoA) within the stipulated
time period as provided Clause 6.6.2; or
(e) If any information or document furnished by the Bidder turns out to be misleading
or untrue in any material respect; or
(f) If a Bidder engages in a corrupt, fraudulent, coercive, undesirable or restrictive
practice as specified in Clauses 4.11.4 to 4.11.5 of this RFP.

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 (g) If the Bidder, having been notified of the acceptance of his Proposal by GMDA,
during the period of Proposal Validity Period:
(i) fails or refuses to incorporate the Special Purpose Vehicle within the
stipulated time as provided in Clause 6.6.3; or
(ii) fails or refuses to enter into the Shareholders Agreement within the time
limit provided in Clause 6.6.3.

We undertake to immediately pay to GMDA in Gurugram the above amount upon receipt
of its first written demand, without GMDA having to substantiate its demand, provided
that, in its demand, GMDA will note that the amount as claimed by it is due to it owing to
the occurrence of any one or more of the conditions mentioned above, specifying the
occurred condition or conditions.

___________________________________________________
(SIGNATURE OF AUTHORISED OFFICIAL OF THE BANK)
NAME OF OFFICIAL: _________________________
DESIGNATION: ______________________________

________________________________
(SIGNATURE OF THE WITNESS)
NAME OF THE WITNESS: _________________
ADDRESS: ______________________________

STAMP/SEAL OF THE BANK

________________________

103
 APPENDIX XIV

FORMAT FOR SUBMISSION OF BID EVALUATION QUOTES

EVALUATION PARAMETER BASE BIDDER’S QUOTE

B. Optimum Project Capital Cost

A. Design and construction to ensure

Optimal Project Capital Cost for
modern and green hospital for high
productivity, best health care
Rs 250 crore
environment and low energy cost
(excluding capital cost of medical
diagnostic equipment, pharmacy and
land). (Bidder is expected to quote
a sum for optimum capital
cost lower than the Base)

B. Affordable Health Care

B1. Percentage Beds guaranteed for

affordable Healthcare only including 80%
Surgery and ICU. (Bidder is expected to quote
percentage beds higher than
the Base)

[Base: Rs.
150 with
B2. OPD consultation fee (excluding maximum
Diagnostics & Medicine). annual
escalation of
(Bidder is expected to quote
5%]
OPD consultation fee lower

104
 than the Base)

[Base: Rs.
B3. Average daily basic nursing and 3,000 with
Clinician care charges to Inpatients in maximum
wards & rooms including diet, annual
(Bidder is expected to quote
consumables (excluding Diagnostics escalation of
average daily basic nursing
and Medicine) 5%]
and Clinician care charges
to Inpatients lower than the
Base)

[Base: Rs.
8,000 with
B4. Average daily charges in ICU
maximum
and HDU including all costs other
annual (Bidder is expected to quote
than Diagnostics and Medicine
escalation of average daily basic charges
5%] in ICU and HDU lower than
the Base)

[Base:
Charges for
surgeries
and
intervention
B5. Percentage discount on Charges s as
for surgery and other interventions prescribed,
excluding Diagnostics and Medicine. from time to
time, under
National (Bidder is expected to quote
Health percentage discount more
Protection than zero)
Scheme or
Ayushman
Bharat]

C. Capability Assessment

C1. Hospital Development

Experience: Developed Hospital

105
having combined strength of not less
than 300 beds.

(Pl attach the required

documentation in support of
the claim for Hospital
Development Experience)

C2. Hospital Operation &

Management Experience: Operated
and managed at least one 300+ bed (Pl attach the required
hospital for at least 10 years documentation in support of
the claim for Hospital
Operation & Management
Experience)

D. Quality in Operations & Management

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 D1. List of Accreditations [National
Accreditation Board for Hospitals &
Healthcare Providers (NABH),
National Accreditation Board for
Testing and Calibration Laboratories
(NABL), Accreditation Standards for
Medical Imaging Services, ISO/IEC,
International Accreditations if any

D2. List of Empanelments,

Certificates, Permits, Licenses,
Registrations, NOCs etc.

D3. Operating Volume: Annual

OPD, IPD patients in the last three
years (Pl attach the required
documentation in support of
D4. Quality & Service Level the claims)
indicators as supplied to NABH and
NABL last three years.

E. Financial Model
E1. Financial Model for raising the
PHP Capital Cost including Corporate
Social Responsibility (CSR) funding
and donations.

E2. Measures to lower PHP Capital

cost through innovative design to
reduce construction cost, selection of
concessionaires for Diagnostics, and
outsourcing services of Kitchen,
Laundry, security, waste management
etc.

E3. Measures and Practices to lower

Operations & Management cost
through reduction in overheads,
selection of concessionaires for
Diagnostics, services such as kitchen,
laundry, security, waste management

107
etc.

(Pl attach the required

documentation in support of
the claims along with
calculations. Rigour in the
calculations along with
statement of assumptions
made in arriving at the
calculations would be
considered favourably)

G. General

A presentation on the viability of the

PHP, the support sought from GMDA
and why the Bidder should be entrusted (Pl attach the required
with the Project. documentation in support of
the claims)

108
 APPENDIX XV

FORMAT FOR LETTER OF ACCEPTANCE

[To be issued by Gurugram Metropolitan Development Authority]

To
Name of Authorised Signatory of the Successful Bidder
Address

[Location, Date]

Dear Mr/Ms. ____________,

Subject: Letter of Acceptance for Request for Proposal for Public Healthcare
Project in Sector-67, Gurugram

This is in reference to the Proposal submitted by _____________ {Name of

Successful Bidder} by the Proposal Due Date in response to the Request for Proposal
(“RFP”) Document (along with the amendments made thereafter) for the Public
Healthcare Project (PHP) to plan, design, build, shared finance, operate and maintain 500
bedded multi-specialty hospital on Public Private Partnership (PPP) basis with GMDA in
Sector-67, Gurugram released by Gurugram Metropolitan Development Authority
("GMDA") on ___________ [date of release of RFP Document].
2) After the evaluation of the aforesaid Proposal, the presentation made before the
Expert Committee and subsequent discussions held with you on __________ [date of
discussions], the summary of which is set out in the Enclosure(s). [To be inserted]
3) GMDA, is now pleased to inform that you have been selected as the Successful
Bidder as per the Request for Proposal for the Public Healthcare Project (PHP) to plan,
design, build, shared finance, operate and maintain 500 bedded multi-specialty hospital
on Public Private Partnership (PPP) basis with GMDA in Sector-67, Gurugram.
4) This letter is intended to convey GMDA‟s acceptance of the Proposal submitted
by SB, based on the Evaluation Parameters as set out in Annexure I [To be inserted],
subject to the terms & conditions specified in the RFP Document and conditions set out
in the Shareholders Agreement to be executed within thirty (30) days from the date of
this letter.
5) As a token of your acknowledgment of this letter, you are hereby requested to

109
return a copy of the same to us, duly signed by the authorized signatory, within seven (7)
days from the date of this letter.
6) Further, you are also requested to comply, within the time period stipulated in
respect of each clause by Acknowledgement of this Letter of Acceptance, with the
conditions set out below:
a. Execute the Shareholders Agreement as contained in Appendix XVII of the
RFP with GMDA within 30 (Thirty) days from the date of the
Acknowledgment Letter.
b. Propose name(s) for the SPV within 30 (Thirty) days from the date of the
Acknowledgment Letter for the approval of GMDA in accordance with the
provisions of Clause 6.6.4 of the RFP Document.
c. Deliver the draft of the Memorandum of Association and the Articles of
Association of the SPV for GMDA‟s approval within 15 (Fifteen) days from
the date of signing of the Shareholders Agreement for the approval of GMDA
in accordance with the provisions of Clause 6.6.5 of the RFP Document.
d. Provide four subscribers to the Memorandum of Association and the Articles
of Association. The subscribers will act as nominees of the Successful Bidder
and upon incorporation of the SPV, each nominee subscriber will sign the
necessary forms and other documents for recordation by SPV that the
beneficial interest in the Share held by the nominee subscriber is that of the
Successful Bidder which has nominated him or her.
e. Incorporate the Special Purpose Vehicle (SPV) for the implementation of the
Public Healthcare Project within 4 (Four) months from the date of the
Acknowledgment Letter.
f. Pay in cash the subscription amount equal to Rs1 crore (Rupees One crore)
towards the share capital of the SPV within a period of 7 (seven) days from
the date of incorporation of the SPV.
g. Pay in cash the balance subscription amount equal 49,00,00,00 (Rupees Forty
nine crores) towards the share capital of the SPV within a period of 30
(Thirty) days from the date of incorporation of the SPV.

Kindly note that this communication by itself does not create any rights or
contractual relationship with Gurugram Metropolitan Development Authority
(“GMDA”). Any such right or relationship shall come into effect upon the execution of
Shareholders Agreement and complying with conditions set out in para 7.
Yours truly,
Chief Executive Officer,
Gurugram Metropolitan Development Authority
Gurugram, Haryana

110
 APPENDIX XVI

FORMAT FOR ACKNOWLEDGEMENT LETTER

[To be received within 1 (One Month) of date of Letter of Acceptance by GMDA]
[On the letterhead of the Successful Bidder or Lead Member of Successful Bidder
Consortium]
[To be signed by the Lead Member, in case of a Successful Bidder Consortium]

To:
Chief Executive Officer,
Gurugram Metropolitan Development Authority,
Plot No. 44, Institutional Area Sector-32,
Gurugram -122001
[Location, Date]

Subject: Acknowledgement of Notification of Successful Bidder for Public

Healthcare Project in Sector-67, Gurugram.
Reference: RFP dated __________, our Bid Proposal and Letter of Acceptance
issued by GMDA dated _____________

I/We am/are pleased to acknowledge the notification of Successful Bidder issued by

GMDA vide no. _________dated________ for the Public Healthcare Project (PHP)
to plan, design, build, shared finance, operate and maintain 500 bedded multi-
specialty hospital on Public Private Partnership (PPP) basis with GMDA in Sector-
67, Gurugram as specified in Request for Proposal (RFP).
I/We am/are enclosing herewith the acknowledgement of the Letter of Acceptance in
acceptance of the conditions and undertake to comply with the following conditions
within the time specified therein:
1. Execute the Shareholders Agreement as contained in Appendix XVI of the
RFP with GMDA within 30 (Thirty) days from the date of the
Acknowledgment Letter.
2. Propose name(s) for the SPV within 30 (Thirty) days from the date of the
Acknowledgment Letter for the approval of GMDA in accordance with the
provisions of Clause 6.6.4 of the RFP Document.
3. Deliver the draft of the Memorandum of Association and the Articles of
Association of the SPV for GMDA‟s approval within 15 (Fifteen) days from

111
 the date of signing of the Shareholders Agreement for the approval of GMDA
in accordance with the provisions of Clause 6.6.5 of the RFP Document.
4. Provide four subscribers to the Memorandum of Association and the Articles
of Association. The subscribers will act as nominees of the Successful Bidder
and upon incorporation of the SPV, each nominee subscriber will sign the
necessary forms and other documents for recordation by SPV that the
beneficial interest in the Share held by the nominee subscriber is that of the
Successful Bidder which has nominated him or her.
5. Incorporate the Special Purpose Vehicle (SPV) for the implementation of the
Public Healthcare Project within 4 (Four) months from the date of the
Acknowledgment Letter.
6. Pay in cash the subscription amount equal to Rs 1 crore (Rupees One crore)
towards the share capital of the SPV within a period of 7 (seven) days from
the date of incorporation of the SPV.
7. Pay in cash the balance subscription amount equal 49,00,00,00 (Rupees Forty
nine crores) towards the share capital of the SPV within a period of 30
(Thirty) days from the date of incorporation of the SPV.
8. Further, we confirm that:
(i) I/We have, after a complete and careful examination, made an independent
evaluation of scope of the PHP, local and physical conditions, and all
information and documents provided by GMDA or obtained procured or
gathered otherwise, and has determined to its satisfaction the accuracy or
otherwise thereof and the nature and extent of difficulties, risks and hazards
as are likely to arise or may be faced by it in the course of performance of its
obligations hereunder. GMDA makes no representation whatsoever,
express, implicit or otherwise, regarding the accuracy and/or completeness
of the information provided by it and I/we confirm that I/we shall have no
claim whatsoever against GMDA in this regard.
(ii) I/We acknowledge and hereby accept the risk of inadequacy, mistake or
error in or relating to any of the documents and matters set forth in the RFP
and hereby acknowledge and agree that GMDA shall not be liable for the
same in any manner whatsoever to the Successful Bidder, the Consortium
Members or any person claiming through or under any of them.
(iii) I/We acknowledge and accept that all members of the
Consortium are bound by and accept all the terms and conditions herein set
forth (in case of a Successful Bidder Consortium).
_____________________________
Signature of Authorized Signatory
Name:
Designation:

112
Name of Successful Bidder/Lead Member of the Successful Bidder Consortium
Address:

113
 APPENDIX XVII

INTEGRITY PACT

1) In order to ensure integrity, transparency and trustworthiness in public procurement

of goods and services, GMDA has adopted an „Integrity Pact‟ that envisages an
agreement between the prospective bidders/contractors and GMDA, committing the
persons/officials of both parties not to resort to corrupt practices in any aspect/stage
of the contract or exercise any influence on any aspect of the contract. Only those
bidders/contractors, who commit themselves to such a Pact with GMDA, would be
considered competent to participate in the bidding process for any project or contract
of GMDA.

2) Integrity Pact is deemed to be included in the RFP for the PHP. IP shall cover all
phases of the contract, i.e. from the stage of Notice Inviting Proposals/pre-bid stage
till the execution of the Shareholders Agreement.

3) The strict observance of the Integrity Pact will to be supervised through an

„Independent External Monitor‟ (IEM) appointed by Chief Executive Officer (CEO),
GMDA. The IEM appointed shall be an eminent personality of high integrity and
proven reputation. The main role and responsibility of IEM is to resolve issues
raised by intending bidder(s) regarding any aspect of the tender or its
implementation, which allegedly restricts competition or indicates bias. The IEM is
expected to examine integrity of procedures and processes but are not expected to
fix of responsibility. The IEM would independently and objectively review whether
parties have complied with their obligations under the Integrity Pact. The IEM
would have access to and would be provided with all information relating to
procurements/contracts covered under Integrity Pact and would examine complaints
received in reference to the Integrity Pact and give their recommendation/views to
the CEO, GMDA. The recommendations of IEM shall be advisory in nature.

4) The „Integrity Pact‟ shall be operative from the date the Integrity Pact is signed by
both parties and will remain valid till the signing of the Shareholders Agreement.
Bidder shall submit the Integrity Pact (in 2 copies) on a non-judicial stamp paper of
Rs. 100/- duly signed by the person signing the bid. If the bidder(s) are a partnership

114
 or a consortium, all the partners or consortium members shall sign the Integrity Pact.

5) The „Integrity Pact‟ shall be returned by the Bidder duly signed along with the
Proposal in a separate envelope, duly superscripted with „Integrity Pact‟. On behalf
of GMDA, the Integrity Pact will be signed by the authorized officer of GMDA,
after receipt of duly signed „Integrity Pact‟ by the Bidder at the time of bid opening.
One copy of the Integrity Pact shall be retained by GMDA and the 2nd copy will be
issued to the representative of the bidders during bid opening or thereafter. The
bidder shall not change the contents of the Integrity Pact. Bidder‟s failure to submit
the „Integrity Pact‟ duly signed along with the Bid may lead to outright rejection of
the Bid.

PREAMBLE
 GMDA, in the fulfillment of the legal mandate under the Gurugram Metropolitan
Development Authority (GMDA) Act, 2017, intends to invite proposals and bids
and award contracts for procurement, works, goods and services.
 GMDA values integrity, probity and honesty promoting economic use of
resources and fairness/transparency in its relations with its Bidder(s) and /or
Contractor(s). In order to ensure integrity, transparency and trustworthiness in
public procurement of goods and services, GMDA is proposing to adopt an
„Integrity Pact‟ with the prospective bidders/contractors, committing the
persons/officials of both parties not to resort to corrupt practices in any
aspect/stage of the contract or exercise any influence on any aspect of the contract.
Only those bidders/contractors, who commit themselves to such a Pact with
GMDA, would be considered competent to participate in the bidding process.
 The Integrity Pact program shall cover Request for Proposals/Tenders (RFP) for
procurement, works, goods and services of value more than Rs. 1 crore.
 In order to achieve these goals, GMDA will appoint an Independent External
Monitor (IEM), who will monitor the tender process and the execution of the
contract for compliance with the principles mentioned above.

CLAUSE 1- COMMITMENTS OF GMDA

1. GMDA commits itself to take all measures necessary to prevent corruption
and to observe the following principles: -
a. No employee of GMDA, personally or through family members, will in
connection with the tender for, or the execution of a contract, demand, take a
promise or accept, for self or third person, any material or other benefit which

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 the person is not legally entitled to.
b. GMDA will during the tender process treat all Bidder(s) with equity and
reason. GMDA will in particular, before and during the tender process,
provide to all Bidder(s) the same information and will not provide to any
Bidder(s) confidential/additional information through which the Bidder(s)
could obtain an advantage in relation to the process or the contract execution.
c. GMDA will exclude from the process all known prejudiced persons.

CLAUSE 2- COMMITMENTS OF THE BIDDER(S) /CONTRACTOR(S)

1. The Bidder(s)/Contractor(s) shall also commit himself/herself/itself to take all
measures necessary to prevent corruption. He/ She/ It commits himself to
observe the following principles during his participation in the tender process
and during the contract execution.
a. The Bidder(s)/contractor(s) will not, directly or through any other persons or
firm, offer, promise or give to any of GMDA‟s employees involved in the
tender process or the execution of the contractor to any third person any
material or other benefit which he/she is not legally entitled to, in order to
obtain in exchange any advantage during tender process or during the
execution of the contract.
b. The Bidder(s)/Contractor(s) will not enter into any undisclosed agreement or
understanding, whether formal or informal, whether collusive or otherwise,
with other Bidders. This applies in particular to prices, specifications,
certifications, subsidiary contracts, submission or non-submission of bids or
any other actions to restrict competitiveness or to introduce cartelization in
the bidding process.
c. The Bidder(s)/Contractor(s) will not commit any offence under any law;
further the Bidder(s) /Contractors will not use improperly, for purposes of
competition or personal gain, or pass on to others, any information or
document provided by GMDA as part of the business relationship,
regarding plans, technical proposals and business details, including
information contained or transmitted electronically.
d. In case of sub-contracting, GMDA Bidder(s)/Contractor(s) shall ensure the
adoption and signing of the Integrity Pact by the sub-contractor.
e. The Bidder(s)/Contractor(s) will, when presenting his/her/its bid, disclose any
and all payments he/she/it has made, is committed to or intends to make to
agents, brokers or any other intermediaries in connection with the award of
the contract.

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CLAUSE 3: DISQUALIFICATION FROM TENDER PROCESS AND EXCLUSION
FROM FUTURE CONTRACTS

If the Bidder(s)/Contractor(s), before award or during execution has committed a

transgression through a violation of Clause 2, above or in any other form such as to put
his reliability or credibility in question, GMDA is entitled to disqualify the
Bidder(s)/Contractor(s) from the tender process and blacklist the
Bidder(s)/Contractor(s) from participating in future tenders of GMDA for a period of
three years.

CLAUSE 4: COMPENSATION FOR DAMAGES

1. If GMDA has disqualified the Bidder(s) from the tender process prior to the
award of the contract according to Clause 3, GMDA is entitled to demand and recover
damages equivalent to Earnest Money Deposit/Bid Security.
2. If GMDA has terminated the contract according to Clause 3, or if GMDA is
entitled to terminate the contract according to Clause 3, GMDA shall be entitled to
demand and recover from the Bidder(s)/Contractor(s), liquidated damages of the
Contract value or the amount equivalent to Performance Bank Guarantee.

CLAUSE 5: PREVIOUS TRANSGRESSION

1. The Bidder(s)/Contractor(s) declares that no previous transgressions occurred in
the last three years with any other company in any country conforming to the anti-
corruption approach or with any other public sector enterprise in India that could justify
his exclusion from the tender process.
2. If the bidder makes incorrect statement on this subject, he can be disqualified from
the tender process.

CLAUSE 6: EQUAL TREATMENT OF ALL BIDDERS/

CONTRACTORS/SUBCONTRACTORS.
1. The Bidder(s)/Contractor(s) undertake(s) to obtain from all sub-contractors a
commitment in conformity with this Integrity Pact.
2. GMDA will enter into agreements with identical conditions as this one with all
bidders and contractors.
3. GMDA will disqualify from the tender process, bidders who do not sign this
Integrity Pact or violate its provisions.

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CLAUSE 7: INDEPENDENT EXTERNAL MONITOR
1. GMDA shall appoint a person of high integrity and proven reputation as
Independent External Monitor for monitoring this Pact. The appointment shall be for a
period of three years. The task of the Independent External Monitor is to review
independently and objectively, whether and to what extent, GMDA and the Bidder(s)/
Contractor(s) comply with the obligations under this agreement.
2. The Monitor is not subject to instructions by the representatives of the both sides
and shall perform his/her functions neutrally and independently. The reports of the
Independent External Monitor shall be submitted to the Chief Executive Officer,
Gurugram Metropolitan Development Authority (GMDA). In case, the Independent
External Monitor so desires, the report may be submitted directly to the Chairperson of
GMDA.
3. The mandate of the Independent External Monitor shall extend to the principles
and commitments contained in the Preamble and Clauses 1 and 2. It shall not extend to
procedural completeness or procedural shortcomings except in so far as it impinges upon
the principles and commitments contained in the Preamble and Clauses 1 and 2.
4. The Bidder(s)/Contractor(s) accepts that the Independent External Monitor has the
right to access without restriction to all project documentation of GMDA including that
provided by the Contractor. The Contractor will also grant the Independent External
Monitor, upon his/her request, unrestricted and unconditional access to his project
documentation. The same is applicable to sub-contractors. The Independent External
Monitor is under obligation to treat the information and documents of the
Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
5. Either on receipt of a complaint or otherwise, as soon as the Independent External
Monitor notices, or believes to notice, a violation of this agreement, he/she will so
inform GMDA and request GMDA to take corrective action. The Independent External
Monitor can in this regard submit non-binding recommendations. Every report or
recommendation of the Independent External Monitor after it has been submitted to the
Chief Executive Officer or Chairperson of GMDA, as the case may be, shall be placed in
the public domain on the website of GMDA.
6. The Independent External Monitor shall not receive any remuneration but shall be
paid travelling allowance or official conveyance in lieu thereof, as is eligible to be received
by the Chief Secretary to the State Government.

CLAUSE 9: INTEGRITY PACT DURATION

1. This Integrity Pact begins when both Parties have legally signed it. It shall expire
for the Contractor(s), 12 months after the last payment under the contract, and for

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 other unsuccessful Bidder(s), 3 months after the contract has been awarded.
2. If any complaint is made/lodged by either Party during this time, the same shall be
binding and continue to remain valid notwithstanding the end of the period
mentioned in sub-clause (1) above.

CLAUSE 10: OTHER PROVISIONS

1. If the Bidder(s)/Contractor(s) is/are a partnership or a consortium, the Integrity
Pact must be signed by all members of the partnership or consortium.
2. Should one or several provisions of this Integrity Pact turn out to be invalid, the
remainder of this Integrity Pact shall continue to remain valid.
3. Information relating to procurements/contracts covered under the Integrity Pact
and its progress would be shared with the Independent External Monitor on a
monthly basis.

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