3

BEFORE THE HON'BLE HIGH COURT OF KARNATAKA AT DHARWAD
W.P No._____/ 2 0 2 2
IN THE MATTER OF:

M/s Chaturbahave Electronic Business Solutions Pvt. Ltd. ...P E T IT IO N E R
AND
Hubballi Dliarwad Municipal Corporation ...RESPON DEN T
IN DEX
SI No. Particulars Pg No.
1. Synopsis and List of Dates
Memorandum of Writ Petition under Articles 226
of the Constitution of India, 1950
Verifying Affidavit
A S.
A nnexure A: A copy of the Petitioner's Bid
covering letter dated 18.11.2019
Annexure B; Screenshots of the online
database of the Karnataka Public Procurement
Portal disclosing payment of EMD of Rs. Rs.
54,00,000/- by the Petition vide NEFT bearing
bank transaction reference No.
HDFCR52019112055466860, along with
relevant portion of the typed copies of the -
A nnexure -B
6, A nnexure C: A copy of the Request for
Proposal for execution of Selection of
Concessionaire for Implementation and
Maintenance of LED Street Lights/Lighting
System and Centralized Control & Monitoring
System
7. A nnexure D: A copv of the Letter of
Acceptance dated 17.11.2020 bearing No.
HDSCL/LED/LOA/2020-21/255
8. A nnexure E: A co d v of the Petitioner's letter ^
dated 25.11.2020
9. Annexure F and F I fC ollvl : A co d v of the
letters dated 12.01.2021 and 27.01.2021 along
with relevant portion of the typed copies of the i
-Annexure -F
10. A nnexure G. G l . G2 fCollv^: A co d v of the
letters dated 2 4 .0 6 .2 0 2 1 , 2 7.07 .2 0 2 1 ,
0 9.08.2021
11. A nnexure H: A co d v of the impuaned letter
dated 13.09.2021 bearing Ref No.
HDSCL/LED/BG/2021-22/837 !
12. Annexure J: A copv of the impuaned Tender
Cancellation Order dated 01.10.2021 bearing
Order No. HDSCL/LED/BG/2021-22/891
1
1
13. Annexure K: A co d v of the fresh
!
invitation/notification seeking bids dated j
04.10.2021 along with relevant portion of the

tvDed coDies of the -Annexure - K .
14. Annexure L and L I fC o llvl: A codv of the
Petitioner's letters dated 23.11.2021 and
lv «
1 0 . 01.2022
15. A nnexure M: A copv of the Petitioner's letter
dated 0 1 .0 7 .2 0 2 2 ^
16. Vakalathnam a and along with Board resolution. V
Place: Bangalore
Date: .11.2022 Counsel for the Petitioner
W.P No. /2022
IN THE MATTER OF:
M/S Chaturbahave Electronic Business Solutions Private Linnited

...P E T IT IO N E R
AND
Hubballi Dharwad Municipal Corporation ...RESPON DEN T
S Y N O P S IS
The Petitioner is aggrieved by Tender Cancellation Notice dated 01.10.2021
issued by the Respondent vide which forfeiture the Petitioner's Earnest
Money Deposit of INR 5 4,00,000/- (Rupees Fifty Four Lacs Only) has been
effected. The Petitioner participated in the Notice Inviting Tender ('N IT')
issued by the Respondent for the implementation of a street lighting system
for the Hubbali-Dharwad Sm art City Project. The Petitioner submitted a bid
dated 18.11.2019 and on 20.11.2019 deposited a sum of INR 54,00,000/-
as Earnest Money Deposit ('EMD') as per Clause 1.2 .4 of the Request for
Proposal ('R FP '). The Petitioner's bid was successful, and it was issued with
the Letter of Acceptance on 17.11.2020 by the Respondent. However, by
this tim e, the exigencies related to COVID-19 had set in. Consequently,
while responding to the Letter of Acceptance, the Petitioner sought for
extension of time to submit the Performance Bank Guarantee given the
unprecedented challenges it had to face due the pandemic. The Respondent
rejected this request, and consequently issued impugned notice vide which
forfeiture of the EMD amount was also informed to the Petitioner. Since
then, the project in question has been re-tende'-ed, and is now being
implemented by a third party. However, the Petitioner, which is a sm all
sized company, has been deprived of a significant sum of money which it
provided as an EMD. It is the case of the Petitioner that its difficulties in
compliance were only due to COVID-19 related exigencies, and the
Respondent ought to have taken a lenient view given this position. Having
refused to respond to several representations made by the Petitioner in this
regard, the Petitioner has been constrained to file the present petition
seeking appropriate relief against the Respondent.
L IS T OF DATES
DATE PA RTICU LA RS
18.10.2019 Request for Proposal issued by the Respondent inviting
bids for implementation and maintenance of LED Street
Lights/Lighting System and Centralized Control &
Monitoring System through Public Private Partnership.
18.11.2019 Petitioner submitted its bid in respect of the RFP dated

And 1 8 .1 0.2019. The Petitioner along with its bid also
2 0.11.2019 submitted the Earnest Money Deposit ('EMD') of Rs.
54,00,000/- vide NEf-l bearing transaction reference
No. HDFCR52019112055466860.
0 9.10.2020 Petitioner sought an extension of bid validity for 90
days.
17.11.2020 Letter of Acceptance bearing No.
HDSCL/LED/LOA/2020-21/255 in respect of Indent No.
LED/HDSCL/2019-20/Call-2 was issued in favour of the
Petitioner, and the Petitioner was directed to deposit a
sunn of Rs. 2.66 Crores as performance security within
seven (7 ) days.
25.11.2020 Letter of Acceptance dated 17.11.2020 was

acknowledged by Petitioner, and 45 days' time was
sought to submit the performance security due to
Covid-19 related exigencies.
1 2 . 01.2021 Respondent issued a notice to furnish performance

security failing which adverse action would be initiated
against the Petitioner.
27.01.2021 Letter notifying the forfeiture of EMD due to non

submission of performance security was issued to the
Petitioner.
24.06.2021 A reminder was issued to the Petitioner regarding

deposit of the performance security.
27.07.2021 Another reminder was issued to the Petitioner regarding

deposrt of the performance security.
09.08.2021 A letter was issued by the Respondent asking the

Petitioner to show cause for not initiating action against
it as per Clause 2 .2 0 .6 of IT B .
21.08.2021 Petitioner sought extension of time to submit
performance security.
13.09.2021 Respondent issued the impugned letter cancelling the

Petitioner's bid, and forfeiting its EMD.
0 1 . 10.2021 Respondent issued the impugned notice/order

cancelling the Petitioner's bid and forfeiting its EMD.
04.10.2021 Respondent issued a fresh call inviting bids for the

project in question. Subsequently, the project has been
awarded to a third party, and is works are currently
underway.
23.11.2021 Petitioner issued a letter seeking refund of its EMD.

And References were made to the adverse effect on business
1 0 . 01.2022 due to continuous lockdowns.
0 1.07.2022 Petitioner issued another representation seeking refund

of the EMD listing out the various reasons outside of its
control that led to contractual non-compliance. It also
appended a copy of its books of account to show the
dire financial situation it was in. There has been no
response to any of these representations by the
Respondent.
Hence this Petition.
PLACE: Dharwad
DATE: .11.2022 COUN SEL FOR P E T IT IO N E R

(O R IG IN A L JU R IS D IC T IO N )
W.P No. /2022
IN THE MATTER OF:
M/s Chaturbahave Electronics

Business Solutions Pvt. Ltd (C EB S )
J-3/1-S-7 West Jyoti Nagar,
Shahdara, Delhi - 110093
Represented by its Director
Mr. Satish Swaroop
S/o Anand Swaroop
Aged about 47 years ...P E T IT IO N E R
AND
Hubbali Dharwad Sm art City Ltd.

Represented by its Managing Director
Floor, F-Block, IT - Park,
Opposite to Indira Glass House,
Hubballi - 580020 .RESPONDENT
MEMORANDUM OF W R IT P ETIT IO N UNDER A R T IC L E 226 AND 227
OF THE C O N STITU TIO N OF IN D IA , 1950
The Petitioner m ost respectfully shew eth:
1. The Petitioner has filed the present petition under Articles 226 and T i l
of the Constitution of India, 1950 seeking a writ of Mandamus or any
other appropriate writ, order or direction to the Respondent for the

refund of Earnest Money Deposit/EMD of Rs. 54,00,000/- (Rupees Fifty
Four Lacs only) deposited in furtherance its bid in respect of the Request
for Proposal issued by the Respondent regarding street lighting works
for the Hubbali Dharwad Sm art City Project.
(A copy of the Petitioner's Bid covering letter dated 18.11.2019 is
annexed hereto as ANN EXURE-A)
(Screenshots of the online database of the Karnataka Public
Procurement Portal disclosing payment of EMD of Rs. Rs. 54,00,000/-
by the Petition vide NEFT bearing bank transaction reference No.
HDFCR52019112055466860, along with typed copies are annexed
hereto as AN N EXU RE-B).
B R IE F FACTS
2. The Petitioner is a Private Limited Company incorporated under the
Companies Act, 2013 and represented by its director and authorized
representative Mr. Satish Swaroop.
3. On 1 8 .1 0 .2 0 1 9 , the Respondent had issued an invitation for Tender vide
bid Indent No. LED/HDSCL/2019-20/Call-2 for the execution of
"Selection o f Concessionaire for Implementation and Maintenance o f LED
Street Lights/Lighting System and Centralized Control & Monitoring
System ".
(A copy of the Request for Proposal is annexed hereto as ANNEXURE-
C)
4. The Petitioner submitted its bid on 18.11.2019, and followed that with
payment of the refundable Earnest Money Deposit ('EMD') for Rs.
54,00,000/- through the Respondents E-Procurement Portal on
2 0 .1 1 .2 0 1 9 . It was selected as a successful L I bidder vide Letter of
Acceptance ('LoA') dated 17.11.2020 bearing No.
HDSC17LED/LOA/2020-21/255. Subsequently, the Petitioner
acknowledged the LoA vide letter dated 25.11.2020 bearing Ref No.
CEBS/H DSCL/EEP/01 and sought an extension of 45 working days to
deposit the performance security considering the setbacks and delay in
issuing Bank Guarantees by the banks due to the impact of COVID-19.
(A copy of the Letter of Acceptance dated 17.11.2020 bearing No.
HDSCL7LED/LOA/2020-21/255 is annexed hereto as AN N EXU RE-D ^.
(A copy of the Petitioner's letter dated 25.1 1.202 0 is annexed hereto as
A N N EXU RE-E^
5. Subsequently, the Respondent vide letter dated 12.01.2021 issued a
reminder to the Petitioner to deposit the performance security of a sum
of INR 2 ,6 6 ,0 0 ,0 0 0 /- as per Clause 3 .4 .5 of Instructions to Bidders
('IT B '), and to submit the "Equipment Installation and Manpower
Deployment Plan" within 20 days. This was followed by letter dated

27.01.2021 vide which the Petitioner was notified of a potential forfeiture
of EMD in case of its cont>'actual non-compliance.
(A copy of the letters dated 12.01.2021 and 27.01.2021 are annexed
hereto as ANNEXURE-FrCollv^l
6 . In addition to the above, the Respondent vide letters dated 24 .0 6 .2 0 2 1 ,
2 7 .0 7 .2 0 2 1 , 09.08.2021 issued additional reminders to the Petitioner to
deposit the performance security, failing which the EMD would stand
forfeited as per Cl. 2 .2 0 .6 of the IT B .
(A copy of the letters dated 2 4 .0 6 .2 0 2 1 , 2 7 .0 7 .2 0 2 1 , 09.08.2021 are
annexed hereto as ANNEXURE-G fCollv^l.
7. Throughout this tim e, the Petitioner now fully in the throes of the
pandemic, and having to contend with extrem e and unpredictable
situations which threatened its very survival, was unable to effectively
respond to the abovementioned reminders or comply with its obligation
to provide the performance security.
8 . Resultantly on 13.09.2021 the Respondent issued the impugned letter
cancelling the Petitioner's bid and Informing it that Its EMD stood
forfeited. This was followed by the issuance of the impugned notice/order
cancelling the tender and forfeiture of the Petitioner's EMD.

(A copy of the impugned letter dated 13.09.2021 is annexed hereto as
ANNEXURE-H)
(The impugned notice/order dated 01.10.2021 is annexed hereto as
ANNEXURE-31
9. Following this, on 0 4 .1 0 .2 0 2 1 , the Respondent issued a fresh invitation
seeking bids for the works in question, where an EMD of Rs. 74,00,000/-
(Rupees Seventy Four Lacs Only) was made the pre-requisite. The
Petitioner has since discovered that the works in question have in fact
been awarded to a third party, and are presently underway. The
Respondent, therefore, has reaped the benefit of having its works
implemented as well as the receipt of an EMD and Performance Security
from the successful bidder in the re-tendering process.
(A copy of the fresh invitation/notification seeking bids dated 04.10.2021
is annexed hereto as A N N EXU RE-K^
10. Given this, there is no reason for the Respondent to continue to hold
on to the Petitioner's EMD, the loss of which continues to threaten the
Petitioner's very existence as a going concern.
11. Due to these strains, hoping to obtain fair and reasonable treatm ent
by the Respondent, the Petitioner Issued a representation dated

23.11.2021 seeking refund of its EIMD of Rs. 54,00,000/-. This letter was
followed by anothe'' sim ilar representation dated 1 0 . 0 1 . 2 0 2 1 .
(A copy of the letters dated 23.11.2021 and 10.01.2021 are annexed
hereto as ANN EXURE-L fC o llv )V
12. The aforementioned representations were not responded to,
prompting the Petitioner to issue a final and more detailed letter dated
01.0 7 .2 0 2 2 to the Respondent, outlining the difficulties faced by it due
to the pandemic and consequential lockdowns. The Petitioner stated
(with proof of its financial statem ents) that a refund of the EMD would
greatly assist in the revival of the Petitioner as a going concern.
(A copy of the letter dated 01.07.2 022 is annexed hereto as ANNEXURE-
M)
13. The Respondent has chosen not to respond to any of the Petitioner's
representations seeking a refund of its EMD. It is now indisputable that
the works in question are being carried on by the successful bidder in the
re-tendering process, and that an EMD and Performance Security have
been supplied by the said bidder to the Respondent. Therefore, at
present, no reason remains for the Petitioner to be deprived of its monies
when its contractual omissions were caused only due to reasons related
to the pandemic.
14. Aggrieved by the action taken by tine Respondent and having no
alternative and equally efficacious re^êdy, the Petitioner has preferred
the present petition impugning the forfeiture of the Petitioner's EMD and
seeking a direction for its refund on the basis of the following, amongst
other:
GROUNDS
A. THAT, the action taken by the Respondent in forfeiting Petitioner's EMD
is mechanical and suffers from application of mind to the exigencies of the
pandemic due to which the Petitioner was unable to perform its contractual
obligations.
B. THAT the ITB issued by the Respondent was indisputably issued prior to
the onset of COVID-19 and the unprecedented impact it caused on every
aspect of commerce and industry. Therefore, it did not contain appropriate
contractual clauses that could sufficiently account for the stresses that a
bidder/awardee could experience in the performance of its obligations
during the continuance of a pandemic.
C. THAT the COVID-19 pandemic has been and continues to be recognized
as a 'force-m ajeure e v e n t' vide Office Memorandum dated 19.02.2020
issued by Government of India, Ministry of Finance, Department of
Expenditure. The continuance of a force m ajeure event beyond 90 (ninety)
days entitles a party to a contract for procurement of goods (as per Manual
\
of Procurement of Goods 2017) to terminate the said contract without any
financial repercussions. While such a course remained available to
contractors of the Central Government, no such provision was present in
the RFP/ITB or the Agreement issued by the Respondent.
D. THAT, the Respondent as an instrum entality of the State is bound to act
fairly, ju stly and reasonably. Thus, the non-refund of the EMD even after
the works have been retendered is arbitrary and in contravention of the
requirements under Article 14.
E. THAT, the work was retendered and the Respondents received EMD and
performance security from the present L I bidder. This itself indicates that
the Respondent suffered no real loss. It is now settled that law only
provides for com pensation for dam age or loss that is actually
suffered, and not for w indfalls. Given this, it is submitted that the
Respondent ought to be directed to refund the Petitioner's EMD (See
Kailash Nath Associates v. Delhi Development Authority and
Another (2 0 1 5 ) 4 SCC 136).
F. THAT in any event, there is nothing on record that disdoses that the
Respondent suffered any loss. Even if any such loss were suffered, it is
respectfully submitted that such loss cannot be attributed to a party that

had no control over circum stances that were precipitated and exacerbated
by a force-m ajeure event.
G. THAT, courts have on previous occasions granted relief sim ilar to what
has been prayed for in the present petition, in a situation factually sim ilar
to the present case (See M a n ish K u m a r v s . U rb a n D e v e lo p m e n t &
H o u s in g D e p a rtm e n t a n d O r s .)
H. THAT no prejudice will be caused to any party if the present petition is
allowed as prayed for, and it is submitted that this is a fit case for
interference by this Hon'ble Court. The Petitioner seeks the liberty of this
Hon'ble Court to raise such additional grounds as maybe necessary at the
time of hearing this petition.
I. It is stated that the Petitioner has not preferred any petition/claim before
any other court seeking sim ilar reliefs in respect of the cause of action
brought on record vide the present petition.
PRAYER
W H ER EFO R E, in the light of the above facts and circum stances, the
Petitioner most respectfully pray that this Hon'ble Court be pleased to:
(a) Issue a Writ of Mandamus or any other appropriate writ, order or
direction setting aside impugned letter dated 13.09.2021 bearing Ref
No. HDSCL/LED/BG/2021-22/837 (ANNEXURE-H) and impugned

Tender Cancellation Order dated 01.10.2021 bearing Order No.
HDSCL/LED/BG/2021-22/891 (ANNEXURE-J) in so far as such letter
and order relate to forfeiture of the Petitioner's Earnest Money
Deposit;
(b) Issue a Writ of Mandamus or any other appropriate writ, order or
direction directing the Respondent to refund the Petitioner's Earnest
Money Deposit of Rs. 54,00,000/- paid on 20.11 .201 9 via NEFT
bearing bank transaction reference No. HDFCR52019112055466860
(ANNEXURE-B);
(c) Pass any such further orders as this Hon'ble Court deems fit in the
interest of justice and equity.
Place: Dharwad
Date: .11.2022 Counsel for the Petitioner
Rohan Kothari
Address for Service:

Chambers of Rohan Kothari
D6 , Dona Cynthia Apartm ents,
# 3 5 , Primrose Road,
Bangalore 560 025.
IN THE HON'BLE HIGH COURT OF KARNATAKA AT
DHARWAD
WP N O .________OF 2022 ARIAL
IN THE MATTER OF:
M/s. Chaturbahave Electronic Business

Solutions Pvt. Ltd. ...PETITIONER
AND
Hubbali Dharwad Sm art City Ltd.
_________________________________________________________________________________ ..-RESPONDENT
A FFID A V IT
I, Satish Swaroop, S/o Anand Swaroop, 47 years of age, Director and Authorized
Signatory of Chaturbahave Electronics Business Solutions Pvt. Ltd., J-3/1-S-7, West
Jyoti Nagar, Shahdara, Delhi - 110 093, do hereby solemnly affirm and declare as
under:
1. That I am the Authorized Representative of the Petitioner in the present

petition. I am fully conversant with the facts and circumstances of the present
case and therefore competent to swear this Affidavit.
2. I state that the averments contained in paragraphs 1 to __ of the

accompanying petition are true and correct to the best of my knowledge
information and belief.
3. I state that the documents annexed to the accompanying petition, being

Annexure A t o __ are true copies of their originals. ForCHATURBArif^
BUSiNE
DirecforMlhoriS'ea'Signatory
NOIDA/TN. INDIA
Place:
Date:
Identified by:
m
u m a r S lV is V io c U a
nrtune
O .s t. Cour^GBN
APPENDIX - 1
LETTER COMPRISING BID
Ref: CEBS/HDSCL/LED/01
Date: November 2019
To,
The Managing Director,
Hubballi Dharwad Smart City Limited
IT Park, 4th Floor, B Block,
Opposite Indira Glass House,
Hubballi- 580 020
Sub: "Bid for Selection of Concessionaire for Implementation and Maintenance of LED Street
Lights/Lighting System and Centralized Control and Monitoring System" through PPP.
Dear Sir,
1, With reference to your RFP document dated LED/HDSCL/2019-20/Call-2 Dated 21- 10-
2019, we, having examined the documents and understood their contents, hereby subm it
our Bid for the aforesaid Project. The Bid is unconditional and unqualified.
2, We acknowledge that the Authority will be relying on the information provided in the Bid
and the docum ents accompanying the Bid for selection of the Concessionaire for the
aforesaid Project, and we certify that all inform ation provided therein is true and correct;
^ nothing has been om itted which renders such inform ation misleading; and all documents
“ accompanying the Bid are true copies of their respective originals.
3, This statem ent is m ade for the purpose of qualifying as a Bidder for the implem entation
and operation & maintenance of the aforesaid Project.
4. We shall make available to the TIA any additional information it may find necessary or
require to supplem ent o r authenticate the Bid.
We acknowledge the right of the TIA/Authority to reject our Bid without assigning any
reason or otherw ise and hereby waive, to the fullest extent perm itted by apphcable law,
our right to challenge the same on any account whatsoever.
We certify that in the last three years, w e / any of the Consortium Members or o u r / their
Associates have neither failed to perform on any contract, as evidenced by imposition of
a penalty by an arbitral or judicial authority o r a judicial
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7. We declare that:
a. We have examined and have no reservations to the Bidding Documents, including any
Addendum issued by the TIA.
b, W e do not have a n y Conflict of Interest in accnrdancp w ith Clauses 2.1,14 o f the R F P
document;
c. 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 4,3 of the RFP document, in respect of
any tender or request for proposal issued by or any agreem ent entered into with the
Authority or any other public sector enterprise or any Government, Centra! or State;
and
d. We hereby certify that we have taken steps to ensure that in conformity with the
provisions of Clause 4 of the RFP, no person acting for us or on our behalf has engaged
o r will engage in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice.
e. The undertakings given by us along with the Bid in response to the RFP for the Project
w ere true and correct as on date of making the Bid and are also true and correct as on
the Bid Due Date and I/W e shall continue to abide them.
We understand that you may cancel the Bidding Process a t any time and that you are
neither bound to accept any Bid that you may receive nor to invite the Bidders to Bid for
the Project, w ithout incurring any liability, in accordance with Clause 2.6 of the RFP
document.
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9. We believe th at our Consortium satisfies tlie Financial Capacity and m eet(s) the
requirem ents as specified in the RFP document and are qualified to subm it a Bid in
accordance with the RFP document
We declare that w e / any Member of the Consortium a re / is not a Member of a / any other
i Consortium subm itting a Bid for the Project.
11. We certify that in regard to m atters other than security and integrity of the country, we
have not been convicted by a Court of Law o r indicted or adverse orders passed by a
regulatory authority which could cast a doubt on our ability to undertake the Project or
which relates to a grave offence that outrages the moral sense of the community.
12. We further certify that in regard to m atters relating to security and integrity of the
countiy, we have not been charge-sheeted by any agency of the Government or convicted
by a Court of Law.
13. We further certify that no investigation by a regulatory authority is pending either against
us or against our CEO or any of our Directors/ M anagers/ employees.
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14. 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 in term s of the guidelines
referred to above, w e shall intim ate the A u th o rity and / o r the T IA of the game
immediately.
15. Wc undertake that in case due to any change in facts or circumstances during the Bidding
Process, we are attracted by the provisions of disqualification in term s of the guidelines
referred to above, we shall intim ate the Authority of the same immediately.
16. We acknowledge and undertake th at our Consortium was pre-quaiified and short-listed
on the basis of Technical Capacity and Financial Capacity of those of its Membei-s who
shall, for a period of 2 (two) years from the date of commercial operation of the Project,
hold equity share capital not less than; (i) 26% (tw enty six per cent) of the subscribed and
paid-up equity of the Concessionaire; and (ii) 5% (five per cent) of the Total Project Cost
specified in the Concession A greem ent We further agree and acknowledge that the
aforesaid obligation shall be in addition to the obligations contained in the Concession
Agreement in respect of Change in Ov/nership.
17. We acknowledge and agree that in the event of a change in control of an Associate whose
Technical Capacity a n d / or Financial Capacity was taken into consideration for the
purposes of short-listing , I/W e shall inform the Authority forthwith along w ith all
re'eva-'t particulars and the Authority may, in its sole discretion, disqualify our
Lonsortium o r withdraw the Letter of Acceptance, as the case m aybe. !/W e further
acknowledge and agree that in the event such change in control occurs after signing of
the Concession Agreement but prior to Financial Close of the Project, it would,
notwithstandm g anything to the contraiy contained in the Agreement, be deem ed a
breach thereof, and the Concession Agreement shall be liable to be term inated without
^ the Authority being liable to us in any m anner whatsoever.
18. We hereby irrevocably waive any right or rem edy which we may have at any stage at law
or howsoever otherwise arising to challenge or question any decision taken by the
Authority in connection with the selection of the Bidder, or in connection with the Bidding
Process itself, in respect of the above-m entioned Project and the term s and
implementation thereof.
19. In the event of m y/ our being declared as the Selected Bidder, I/w e agree to enter into a
Concession Agreement in accordance with the draft that has been provided to m e/us
prior to the Bid Due Date. We agree not to seek any changes in the aforesaid draft and
agree to abide by the same,
20. We have studied the RFP carefully and assessed the project. We understand that except
to the extent as expressly set forth in the Concession Agreement, we shall have no claim,
right or title arising out of any docum ents o r inform ation provided to us by the Authority
and / or the TIA or in respect of any m atter arising out of o r relating to the Bidding Process
including the award of Concession.
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21. We offer a EMD as specified in eproc portal to the TIA in accordance with the RFP
Document.
22. The EMD in the forms as set forth in the clause 1.2.4 is submitted.
23. The documents accompanying the Bid, as specified in Clause 2.11, clause 3.2 and clause
3.3 of the RFP, have been submitted through e-procurem ent portal
24. We agree and understand that the Bid is subject to the provisions of the Bidding
Documents. In no case. I/w e shall have any claim or right of w hatsoever nature if the
Project Concession is not awarded to m e/us or our Bid is not opened or rejected.
25. The Financial Bid has been quoted by m e/us after taking into consideration all the term s
and conditions stated in the RFP, Agreement, our own estimates of costs and revenues
and after a careful assessment of the site and all the conditions that may affect the
project cost and implementation of the Project,
26. We agree and undertake to abide by all the term s and conditions of the RFP docum ent
27. We, the Consortium Members agree and undertake to be jointly and severally liable for
all the obligations of the Concessionaire under the Concession Agreem ent
K
28. We agree to keep this offer valid for 180 (One Hundred and Eighty] days from the Bid Due
Date specified in the RFP.
29. We hereby subm itted the financial offer in financial bid of e-procurem ent portal after
detailed study and assessment of RFP and Project
i i . I, (Lead Member) of the Consortium acknowledge that we shall enter into the Agreement
on behalf of the Consortium for implementation of the Project Further, we have executed
the Joint Bidding Agreement as per the format prescribed in APPENDIX - XIV and we
agree that all the Consortium mem bers shall be jointly or severally responsible
for the implementation of the Project (if awarded). Further, we agree and accept that
Other Members shall have no direct financial claim on the Authority a n d /o r the TIA.
31. We understand that in case Bidder/any of the m em bers of the Consortium is a entity as
per Clause 2.1.20, the continued eligibility shall be subject to approval of the TIA from
national security and public interest perspective. The decision of the TIA in this behalf
shall be final, conclusive, and binding on the Bidder.
32. We hereby irrevocably waive any right which we may have at any stage a t law or
howsoever otherw ise arising to challenge or question any decision taken by the TIA 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 implem entation
thereof.
© w w w xebsw orldw idexom

IN D iA I USA 1 UK I AUSTRALIA 1 SINGAPORE I UA£ I SOUTH KOREA I TURKEY I EGYPT | SOUTH AFRICA
33. We intend to participate in the bidding process as consortium.
34, All inform ation providpd in the Rid and in thp Appendices is true and correct.
35, The Statement of Legal Capacity as per format provided at APPENDIX - VI of the RFP
documents, and duly signed, is enclosed. The pow er of attorney for signing of Bid [and the
power of attorney for Lead Member of consortium (strike out if not applicable), as per
format provided at APPENDIX - XII and APPENDIX -XIII respectively of the RFP, are also
enclosed,
36. We further certify that we are not barred by the Central/ State Government, or any entity
controlled by them, from participating in any project, and the bar subsists as on the date
of Bid, would not be eligible to subm it a Bid, either individually o r as m em ber of a
Consortium.
in w itness thereof, we submit this Bid under and in accordance with the terras of the RFP
document.
Bii
Yours faithfully,
Date: 1 S'*’ November 2019
Place; Bangalore
CEBS
Motda
Tam«Nadu|iDlA
© www.cebsworldwide.com
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REQUEST FOR PROPOSAL
FOR
SELECTION OF CONCESSIONAIRE FOR

IMPLEMENTATION AND MAINTENANCE
OF LED STREET LIGHTS/LIGHTING
SYSTEM AND CENTRALIZED CONTROL &
MONITORING SYSTEM THROUGH
PUBLIC PRIVATE PARTNERSHIP (PPP)
HUBBALLI-DHARWAD SMART CITY

LIMITED
IT Park, 4 * Floor, F Block, Opposite Indira Glass House,

H ubballi- 580 020
(!V
GLOSSARY:
Authority As defined in Clausei.i

Tender Inviting Authority (TIA) As defined in Clausei.i
Bid(s) As defined in the Disclaimer
Bidders As definedinClause 1.2.1
BiddingProcess AsdefinedinClausei.2.1
BidDueDate As defined in Clause 1.2.2
Earnest Money Deposit AsdefinedinClausei.2.4
BidValidityPeriod As defined in Clause2.i6
Conflictoflnterest As defined in Clause2.i.i3
Consortium As defined inClause2.l.2
Concessionaire As definedinClause 1.1.1
EhgibilityCriteria As defined in Clausei.2.4(B)
Financial Capacity AsdefinedinClause3.3.2
Government Government of Karnataka
Jt. Bidding Agreement As defined in Clause2.i.i6(i)
LeadMember As defined in Clause 2.1.16 (d)
LOA As defined in Clause3.4.5
Member Member of aConsortium
Other Members As defined in Clause 2.1.16 (d)
Performance Security As defined in Ai’ticle 1 of Agreement
Project As defined in Clausei.1.1
Re.orRs.orlNR Indian Rupee
Agreement As defined in Clause 1.1.1
TechnicalCapacity AsdefinedinClause3.3.2
The words and expressions beginning with capital letters and defined in this document
shall, unless the context otherwise requires, have the meaning ascribed thereto herein,
shall, unless the context otherwise requires, have the meaning ascribed thereto therein.
DISCLAIM ER
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
Hubballi Dharwad Smart City Limited (the “Tender Inviting Authority (TIA)”) or any of their
employees or advisors, 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 the TIA/Authority to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested parties
with information that maybe useful to them in preparing their proposal pursuant to this RFP (the
"Bid"). This RFP includes statements, which reflect various assumptions and assessments arrived
at by the TIA 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 the TIA, its employees or advisors 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 and subsequently provided to the Bidder(s) is on a wide range
of matters, some of which depends upon interpretation of law. The information given is not an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The Authority / TIA accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on law expressed herein.
The Authority /TIA, its employees and advisors make no representation or warranty and shall
have no liability to any person, including any 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 in this Bidding Process.
The TIA also 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.
The TIA 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 the TIA/Authority is bound to select a Bidder or to
appoint the Concessionaire, as the case may be, for the Project and the TIA/Authority reserves the
right to reject all or any of the Bidders or Bids without assigning any reason 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 TIA or any
other costs incurred in connection wdth or relating to its Bid. All such costs and expenses will
remain with the Bidder and the TIA shall not be liable in any manner whatsoever for the same or
for any other costs or other expenses incurred by a Bidder in preparation or submission of the Bid,
regardless of the conduct or outcome of the Bidding Process.
1. INTRODUCTION
1.1. Background
1.1.1. a. The Ministry of Housing and Urban Affairs (MoHUA) Government of India (Gol) has
initiated the Smart City Mission (SCM) and selected Hubballi Dharwad city to be
developed as Smart City. Under the Smart City Scheme, Government has emphasized to
improve the basic civic amenities of the cities on one hand and the provision of modern
technological advances for ease of living on the other hand.
b. The Smart City Proposal (SCP) for Hubballi Dharwad city envisions implementing a
number of projects in both Area Based Development (ABD) projects and Pan City
components, including implementation of energy efficient scheme for Street Lights under
jurisdiction of Corporation.
c. The Commissioner, HubbaUi Dharwad Municipal Corporation will be the AUTHORITY

and the concessionaire agreement will be signed between the AUTHORITY i.e.,
Commissioner, Hubballi Dharwad Municipal Corporation and the concessionaire.
d. The Managing Director, Hubbalh Dharwad Smart City Limited (HDSCL), authorized
representative of the AUTHORITY shall be Tender Inviting Authority (TIA), invites
proposal from reputed bidders for implementation of Energy Efficiency Project for street
lighting system by replacement of existing conventional street lights with energy efficient
LED street lights and installing Centralized control & Monitoring system including
existing LED street lights with an implementation period of 6 months ( extendable by
additional 2 Months with Liquidated Damages) along with Operation and Maintenance
(including existing LED street lights) for a period of 7 years for retrofitted LED lights and
existing LED lights (hereinafter referred to individually as the “Project”).
e. Brief particulars of the Project are detailed below:
No. Lamp Type Rated Pow er (W atts) Quantity (N os.)

A Existing C onventional street lights
1 TL 40W 40W 25,877
2 SVL 250W 250 W 7,977
3 MHL 250W 250 W 2,072
4 MHL150W 150 w 6,697
5 SVL 150 W 150 w 852
6 Is 1x28 28 w 3,846
7 Is 4x24 96 w 5,215
8 Induction 80 /looW 80 w 32
9 Induction 200 For High Mast 200 W 175
10 MHL 400W For High Mast 400 W 1,461
11 CFL 18W/23 W 23W 312
Total A 54,516
B Existing LED street lights
1 LED 12W 12W 42
2 LED 43W 43W 110
3 LED 65W 65W 894
4 LED 72W 72W 1527
5 LED 90W 90W 856
6 LED 150W For High Mast 150W 119
APPENDIX - XVII
f. The TIA intends to select a suitable Bidder (the “Bidder”) through a competitive bidding
process in accordance with the Criteria/conditions set out in this document.
1.1.2. The Successful Bidder (the “C on cession aire”), shall be responsible for replacement of
existing conventional street lights with energy efficient LED street lights and installing
Centralized control & Monitoring system including existing LED street lights with an
implementation period of 6 months ( extendable by additional 2 Months with Liquidated
Damages) along with Operation and Maintenance (including existing LED street lights)
for a period of 7 years for retrofitted LED lights and existing LED lights as detailed in
APPENDIX - XVII and in accordance with the provisions of the draft concessionaire
agreement (hereinafter the draft Concessionaire Agreement is referred to as
A gre e m e n t”) to be entered between the Authority and the Successful Bidder in the form
as part of the Bidding Documents pursuant hereto.
1.1.3. The scope of work includes implementation of the Project set forth in this document
together withprovisionof Project Facilities as specifiedandin conformity with theTechnical
Specifications and Standards set forth in and Schedule-3 of Agreement.
1. 1.4. Assessment of actual cost of the project will have to be made by the Bidders before
submission of the bid.
1.1.5. The Draft Concessionaire Agreement sets forth the detailed terms and conditions for
grant of the concession to the Concessionaire, including the scope of the Concessionaire’s
services and obligations.
1.1.6. The statements and explanations contained in this RFP are intended to provide a proper
understanding to the Bidders about the subject matter of this RFP and should not be
construed or interpreted as limiting in any way or manner the scope of services and
obligations of the Concessionaire set forth in the Agreement or the TIA"s right to amend,
alter, change, supplement or clarify the scope of work, the Right to be awarded pursuant to
this RFP or the terms thereof or herein contained. Consequently, any omissions, conflicts
or contradictions in the Bidding Documents including this Request for Proposal (“RFP”)
are to be noted, interpreted and applied appropriately to give effect to this intent, and no
claims on that account shall be entertained by the TIA/Authority.
1.1.7. The TIA shall receive Bids in accordance with the terms set forth in this RFP and other
documents to be provided pursuant to this RFP (collectively the "Bid Docum ents"), as
modified, altered, amended and clarified from time to time by the TIA/Authority, and all
Bids shall be prepared and submitted in accordance with such terms.
1.1.8. Under this RFP, a Bidder shall submit only one Bid for the Project. In the event that the
evidence provided by the Bidder is found to be unsatisfactory by the TIA, such Bids shall be
summarily rejected. However, the Project would be awarded to the Bidder subject to it
meeting the Eligibility Criteria set out for the Project. For the purpose of identifying the
BiddertoimplementtheProject,theBidssubmittedbyeachBidderwouldbeevaluatedonthe
basisoftheevaluationcriteriasetoutin Section-3:
EVALUATION OF BIDS of this RFP.
1.2. B rief D escription o f Bidding Process
1.2.1. The TIA has adopted a process (the “Bidding P rocess”) for selection of Bidders for award
of the Projects and invites Bids from ehgible “B idders”, which expression shall, unless
repugnant to the context include the members of the Consortium, for the Project
electronically in the unified e-procurement portal of the Government of Karnataka
w w w .enroc.karnataka.gov.in (hereinafter also referred to as “e-procurem ent
p ortal”) in accordance with the terms of this RFP. The TIA or any of its assignee shall not
be held responsible for failure on part of the Bidder to furnish all or any of the documents as
part of its Bid through E-Procurement Portal or for rejection of Bids by E-Procurement for
whatsoever reasons. No correspondence shall be entertained by TIA/Authority in this
regard.
1.2 .2. The Bidders are requested to submit their Bids in accordance with the Bidding Documents.
The Bid shallbe valid for aperiod ofnot less than i8o (One Hundred and Eighty) daysfrom the
last date specified for submission of Bids (the “Bid D ue D ate”).
1.2.3. TheBiddingDocumentsindudetheRequestfor ProposalandAgreement forthe Project. The

Bidding Documents andanyaddenda and/or corrigenda issued subsequentto this RFP, but
before theBidDueDste,willbe deemed to form part of the Bidding Documents.
1.2.4. The Bidders are required to deposit, along with its Bid, an EMD (“EMD”) of Rs. 65,00-
,000/- (Rupees Sixty Five Lakhs only). The EMD shall be refundable as per Clause 2.20
except in the case of the Selected Bidder whose EMD shall be retained till it has provided
a Performance Security under Agreement. The EMD shall be paid only through e-
Payment options available in E-Procurement Portal.
Note:
1. TIA or any of its assignee shall not be held responsible in case of failure on part of the
Bidder to furnish the EMD through E-Procurement Portal or for rejection of Bids by
E-Procurement cell for whatsoever reasons; no correspondence shall be entertained
by TIA in this regard.
2 . Payment submitted through cheque or demand draft shall not be accepted. The Bid
shall be summarily rejected if it is not accompanied by the EMD.
1.2 .5. During the Bid Stage, Bidders are invited to examine the Project in greater detail, and tocarry
out field visits, attheircost,suchstudiesasmayberequiredforsubmittingtheirrespective
Bidsforawardofthe Rights including implementation of the Project.
1.2.6. The Technically qualified Bidder quoting the lowest Equated Monthly Installments (EMI)
shallbethesuccessfulbidderforthe Project.
1.2.7. If in the opinion of the Authority and/or TIA, the quoted lowest EMI of the bidder is
substantially high, then the Authority and/or TIA may conduct negotiation / annul the
Bidding Process and may invite a fresh tender.
1.2 .8. The Concessionaire shallbe entitled for the revenues from the Project in accordance with the
terms of the Agreement.
1.2.9. Details of the process to be followed at the Bid Stage and the terms thereof are spelt out
in this RFP.
1.2.10. Any queries (including any discrepancy, ambiguity and error with specific clause number)
or request foradditional information concerningthisRFPshall be submitted only through
E-procurement portal under the Queries section before the scheduled given in Clause
1-3
1.3. Schedule o f B idding Process:
The TIA shall endeavor to adhere to the following schedule:
SI Events D ate/T im e/L ocation

no.
1 Last date and time for receiving queries As notified in e-procurement portal
2 Venue, Date and time of Pre-Bid Meeting As notified in e-procurement portal
3 Last date and time prescribed for submission of bid(s) As notified in e-procurement portal
(Bid due date).
4 Date and time of opening of the Technical Bid(s) As notified in e-procurement portal
5 DateandtimeofopeningtheFinancialBid (s)of As notified in e-procurement portal
Technically Qualified Bidder(s)
6 Validity of Bids i8o days
2. INSTRUCTIONS TO BIDDERS
A. GENERAL
2.1. G eneral term s o f Bidding
2.1.1. No Bidder shall submit more than one Bid for the Project. A Bidder bidding
individually or as a member of a Consortium shall not be entitled to submit another
bid either individually or as a member of any Consortium, as the case may be for the
Project.
a. The Bidder may be a Sole bidder or a group of entities (the “C onsortium ”), coming
together to implement the Project. However, No Bidder applying individually or as a
member of a Consortium, as the case maybe, can be a member of another Consortium.
The term Bidder used herein would apply to both a Sole bidder anda Consortium.
b. All the entities forming a Consortium, bidding for the Project, shall be Registered
with Registrar of Companies (RoC) under the Companies Act 1956/2013 or Class-I
contractor registered with PWD/Electrical Inspectorate or Registration deed for
firms or shall be registered with Government of India or State Govt, or its
undertakings. A Consortium shall be eligible for consideration subject to the
conditions set out in Clause 2.1.19.
2.1.2 . Unless the context otherwise requires, the terms not defined in this RFP, but defined in
the Agreement for the Project shall have the meaning assigned thereto in the Agreement.
2.1.3 . The Baseline Assessment Report of the Project is being provided only as a preliminary
reference document by way of assistance to the Bidders who are expected to carry out
their own Assessment of the Project before submitting their Bids. Nothing contained
in the Baseline Assessment Report shall be binding on the Authority nor confer any
right on the Bidders, and the Authority shall have no liability whatsoever in relation to
or arising out of any or all contents of the Baseline Assessment Report.
2.1.4 . Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the Agreement shall have overriding effect; provided, however, that any
conditions or obligations imposed on the Bidder hereunder shall continue to have effect
in addition to its obligations under Agreement.
2 .1.5 . The bidders should submit the financial Quote through E-Procurement Portal only.
However, Bidders should submit the breakup of financial quote in the format provided
in Appendix XVI on or before date prescribed for opening of technical bid(s) in a sealed
cover. Sealed covers thus submitted will be opened after the opening of financial bid in
E-procurement portal. This Break up of financial quote is for internal analysis only and
will not be considered for Evaluation of financial bid. The financial bid as per the e-
procurement portal will be treated as actual quote of the bidder.
2.1.6. The financial bid shall consist of Equated Monthly Installment (EMI) payment to be
quotedbythebidder payable by the Authority as per the terms and conditions of this RFP
and the provisions of the Agreement.
2.1.7 . The Bidder shall furnish an EMD as per Clauses 1.2.4 and 2.20 and in accordance with
the provisions of this RFP.
2.1.8. The Bidders are requested to submit their Bids in accordance with the Bidding
Documents. The Bid shall be valid for a period of not less than 180 (One Hundred and
Eighty) days from the lastdate specified for submission of Bids (the “Bid Due D ate”).
2.1.9 . The Bidder should submit a Power of Attorney as per the format at APPENDIX - XII,
authorizingthe signatory of the Bid to commit the Bidder.
2 .1.10. In case the Bidder is a Consortium, the Members thereof should furnish a Power of
Attorney in favor of the Lead Member in the format at
APPENDIX-XIII.
2.1.11. Any condition or qualification or any other stipulation contained in the Bid submission
shall renderthe Bid submission liable to rejection as a non-responsive Bid submission.
2 .1.12. The Bid submission and all related correspondence and documents in relation to the
Bidding Documents shall be in English language.
2 .1.13. The Bidding Documents including this RFP and all attached documents shall remain the
property of the TIA and are transmitted to the Bidders solely for the purpose of
preparation and submission of a Bid in accordance herewith. Bidders are to treat all
information as strictly confidential and shall not use it for any purpose other than for
preparation and submissionoftheirBid.The provisions of this Clause 2.1.13 shall also
apply mutatis mutandis to Bids and all other documents submitted by the Bidders, and
The Authority and/or TIA will not return any Bid, document or any information
provided along therewith.
2.1.14. A Bidder shall not have a conflict of interest (the “Conflict o f Interest”) that affects
the Bidding Process. Any Bidder found to have a Conflict of Interest shall be
disqualified. In the event of disqualification, the Authority shall be entitled to forfeit
and appropriate the Bid Security or Performance Security, as the case may be, as
mutually agreed genuine pre-estimated loss and damage likely to be suffered and
incurred by the Authority and not by way of penalty for, inter alia, the time, cost and
effort of the Authority, including consideration of such Bidder’s proposal (the
“Damages”), without prejudice to any other right or remedy that may be available to
the Authority under the Bidding Documents and/ or the Concession Agreement or
otherwise. Without limiting the generality of the above, a Bidder shall be deemed to
have a Conflict of Interest affecting the Bidding Process, if:
2 .1.15. such Bidder (or any constituent thereof) and any other Bidder (or any constituent
thereof) have common controlling shareholders or other ownership interest; provided
that this disqualification shall not apply in cases where the direct or indirect
shareholding in a Bidder or a constituent thereof in the other Bidder(s) (or any of its
constituents) is less than 26% of its paid up and subscribed capital; or
i. a constituent of such Bidder is also a constituent of another Bidder; or
ii. such Bidder, its Member or any Associate thereof receives or has received any
direct or indirect subsidy, grant, concessional loan or subordinated debt from
any other Bidder, its Member or Associate, or has provided any such subsidy,
grant, concessional loan or subordinated debt to any other Bidder, its Member
or any Associate thereof; or
iii. such Bidder has the same legal representative for purposes of this Bid as any
other Bidder; or
iv. such Bidder, or any Associate thereof, has a relationship with another Bidder, or
any Associate thereof, directly or through common third party/ parties, that puts
either or both of them in a position to have access to each other’s information
about, or to influence the Bid of either or each other; or
v. such Bidder or any Associate thereof has participated as a consultant to the
Authority in the preparation of any documents, design or technical specifications
of the Project.
Explanation:
In case a Bidder is a Consortium, then the term Bidder as used in this Clause 2.1.14,
10
shall include each Member of such Consortium.
For purposes of this RFP, Associate means, in relation to the Bidder/ Consortium
Member, a person who controls, is controlled by, or is under the common control with
such Bidder/ Consortium Member (the “Associate”). As used in this definition, the
expression “control” means, with respect to a person which is a company or
corporation, the ownership, directly or indirectly, of more than 26% (twenty six per
cent) of the voting shares of such person, and with respect to a person which is not a
company or corporation, the power to direct the management and policies of such
person by operation of law.
2 .1. 16. A Bidder shall be liable for disqualification and forfeiture of Bid Security if any legal,
financial or technical adviser of the Authority in relation to the Project is engaged by
the Bidder, its Members or any Associate thereof, as the case may be, in any manner
for matters related to or incidental to such Project during the Bidding Process or
subsequent to the (i) issue of the LOA or (ii) execution of the Concession Agreement.
In the event any such adviser is engaged by the Selected Bidder or Concessionaire, as
the case may be, after issue of the LOA or execution of the Concession Agreement for
matters related or incidental to the Project, then notwithstanding anything to the
contrary contained herein or in the LOA or the Concession Agreement and without
prejudice to any other right or remedy of the Authority, including the forfeiture and
appropriation of the Bid Security or Performance Security, as the case may be, which
the Authority may have thereunder or otherwise, the LOA or the Concession
Agreement, as the case may be, shall be liable to be terminated without the Authority
being liable in any manner whatsoever to the Selected Bidder or Concessionaire for the
same. For the avoidance of doubt, this disqualification shall not apply where such
adviser was engaged by the Bidder, its Member or Associate in the past but its
assignment expired or was terminated prior to the Application Due Date. Nor will this
disqualification apply where such adviser is engaged after a period of 3 (three) years
from the date of commercial operation of the Project.
2 .1.17. This RFP is not transferable.
2 .1.18. Any award of concession pursuant to this RFP shall be subject to the terms of Bidding
Documents.
2 .1.19. Special Conditions of Consortium -
The Consortium shall also comply with the following requirements:
a. The number of members in a Consortium shall not be more than 3 (three);
b. The Bid should contain the information required for each member of the Consortium;
c. Members of the Consortium shall nominate one member as the lead member (the
“Lead M em ber”). The other members of the Consortium shall be termed as “Other
M em ber 1 and Other M em ber 2 ”.The nomination(s)shallbesupportedbyaPower
of Attorney, as per the format at Appendix - III, signed by all the members of the
Consortium;
d. The Bidshould include a brief description ofthe status ofthe Consortium members (Lead
Member or Other Member);
e. At the same time, Sole Bidder cannot be member of a Consortium applying for
qualification. Further, a member of a particular Consortium cannot be a member of
any other Consortium applying for qualification;
f. In case the Consortium, the Lead Member shall execute the Agreement on behalf of the
11
Consortium.
i. Members ofthe Consortium shall enter into abinding Joint Bidding Agreement (the
“Jt. B id d in g A g ree m e n t” ),aspertheformatprovidedinAPPENDIX - XIV,for
thepui-poseof submitting Bid and should submit the same along with the Bid. The
Jt. Bidding Agreement should be specific to the Project and should fulfil the
requirements set out below, failing which the Bid shall be considered non-
responsive.The Jt. Bidding Agreementshall,interalia:
ii. Convey the intent to carry out all the responsibilities in terms of the Agreement, in
casethe Project is awarded to the Consortium.
iii. Clearlyoutlinetheproposedrolesandresponsibilitiesofeachmemberateachstage
as regards planning and execution;
iv. Members of the Consortium shall specify the lead member duly evidenced by
power of attorney as per the format provided in Appendix-XIII signed by legally
authorized signatures of all partners. The lead member would be authorized to
incur liabilities and receive instructions for and on behalf of any of all members
of the consortium and the entire execution of the concession including receiving
of payment due and through whom any correspondence between the bidder and
the authority will be channeled.
V. include a statement to the effect that all members of the Consortium shall under
the Agreement.beliablejointlyandseverallyforallobligationsoftheConcessionaire
inrelationto the Project in accordance with the Agreement; and
vi. Except lead member, other Members of Consortium shall have no direct or
financial claim on the TLA/Authority.
2 .1.20. Any entity which has been barred by the Central/ any State Government, or any entity
controlled by them, from participating in any project, and the bar subsists as on the date
of Bid, would not be eligible to submit a Bid, either individually or as member of a
Consortium.
2 .1.21. A Bidder/Consortium Member should, in the last three years, have neither failed to
perform on any contract, as evidenced by imposition of a penalty by an arbitral or
judicial authority or a judicial pronouncement or arbitration award against the Bidder,
nor been expelled from any project or contract nor have had any contract terminated
for breach by such Bidder/ Consortium Member.
2 .1.22. The following conditions shall be adhered to while submitting a Bid:
a. Bidders should upload clearly marked and referenced continuation sheets in the event
that the space provided in the prescribed forms in Appendices is insufficient.
Alternatively, Bidders may format the prescribed forms making due provision for
incorporation of the requested information;
b. information supplied by a Bidder (or other constituent Member if the Bidder is a

Consortium) must apply to the Bidder or Member named in the Bid and not, unless
specifically requested, to other associated companies;
C. Bidders should demonstrate their Eligibility Criteria in accordance with Clause 35 of

this REP.
12
2.1.23. While qualification is open to Bidder from any country which should have a branch
office and operations in India However only the past experiences in India are
considered for technical qualification.
2.1.24. Group Business Entity
a. In the case the bidder is permitted to use the credentials of its Parent company, then
the Parent company shall Guarantee the due and proper performance of the Contract
and the due observance and punctual performance of all obligations, duties,
undertakings, covenants and conditions by or on the part of the Authority (Smart city
Ltd) contained therein and to be obsei"ved and performed by it, which guarantee shall
extend to include any variation or addition to the Contract.
b. In case, the bidder is awarded the tender, the parent company shall be liable for and
shall indemnity the concessionaire against all losses, damages, costs and expenses,
whatsoever which the concessionaire may incur by reason or in consequence of any
such failure to carry out observe, in the event of the concessionaire failing to carry out,
observe or perform all any of the said obligations, duties undertakings, covenants and
conditions under the Contract (unless relieved from the performance of any part of the
Contract by statute or by the decision of a court or tribunal of competent jurisdiction)
the Parent company.
Considering the above points, Appendix-IXA (Parent company Guarantee

Performance) to be added in the standard RFP document.
2.2. Change in com p osition o f th e Consortium ;
2.2.1. Where the Bidder is a Consortium, change in composition of the Consortium may be
permitted by the TIA during the Bid Stage, only where:
(a) the Lead Member continues to be the Lead Member of the Consortium;
(b) the substitute is at least equal, in terms of Technical Capacity or Financial Capacity, to
the Consortium Member who is sought to be substituted and the modified Consortium
shall continue to meet the pre-qualification and short-listing criteria for Applicants;
and
(c) the new Member(s) expressly adopt(s) the Application already made on behalf of the
Consortium as if it were a party to it originally, and is not an Applicant/Member/
Associate of any other Consortium bidding for this Project.
2.2.2 . Approval for change in the composition of a Consortium shall be at the sole discretion of
the TLA and must be approved by the TIA in writing. The Bidder must submit its
application for change in composition of the Consortium no later than 15 (fifteen) days
prior to the Bid Due Date.
2.2.3. The modified/ reconstituted Consortium shall submit a revised Jt. Bidding Agreement
and a Power of Attorney, substantially in the form at APPENDIX - XIV, prior to the Bid
Due Date.
2.2.4. The option of change in composition of the Consortium which is available under Clause
2.2.1 may be exercised by any Bidder who is either a Consortium or a single entity. In the
case of a single entity Bidder adding a Consortium Member at the Bid Stage, the single
entity Bidder shall be the Lead Member of the Consortium. Provided, however, that no
member of such Consortium shall be a Bidder or the member of a Consortium which has
been pre-qualified.
13
2.3. Change in Ownership:
2.3. 1. By submitting the Bid, the Bidder acknowledges that it was pre-qualified and short-listed
on the basis of Technical Capacity and Financial Capacity of those of its Consortium
Members who shall, until the 2nd (second) anniversary of the date of commercial
operation of the Project, hold equity share capital representing not less than: (i) 26%
(twenty six per cent) of the subscribed and paid-up equity of the Concessionaire; and (ii)
5% (five per cent) of the Total Project Cost acknowledged in the APPENDIX-I. The Bidder
further acknowledges and agrees that the aforesaid obligation shall be the minimum and
shall be in addition to such other obligations as may be contained in the Concession
Agreement, and a breach hereof shall, notwithstanding anything to the contrary contained
in the Concession Agreement, be deemed to be a breach of the Concession Agreement and
dealt with as such thereunder. For the avoidance of doubt, the provisions of this Clause
2.3.1 shall apply only when the Bidder is a Consortium.
2 .3.2. By submitting the Bid, the Bidder shall also be deemed to have acknowledged and agreed
that in the event of a change in control of a Consortium Member or an Associate whose
Technical Capacity and/ or Financial Capacity was taken into consideration for the
purposes of short-listing and pre-qualification under and in accordance with the RFP, the
Bidder shall be deemed to have knowledge of the same and shall be required to inform the
TLA forthwith along v^th all relevant particulars about the same and the TIA may, in its
sole discretion, disqualify the Bidder or withdraw the LOA from the Selected Bidder, as
the case maybe. In the event such change in control occurs after signing of the Concession
Agreement but prior to Financial Close of the Project, it would, notwithstanding anything
to the contrary contained in the Concession Agreement, be deemed to be a breach of the
Concession Agreement, and the same shall be liable to be terminated without the
Authority being liable in any manner whatsoever to the Concessionaire. In such an event,
notwithstanding anything to the contrary contained in the Concession Agreement, the TL\
or Authority shall be entitled to forfeit and appropriate the Bid Security or Performance
Security, as the case may be, as Damages, without prejudice to any other right or remedy
that may be available to the TIA or Authority under the Bidding Documents and/ or the
Concession Agreement or otherwise.
2.4. Cost o f Bidding
2 .4. 1. The Bidders shall be responsible for all of the costs associated with the preparation of their
Bids and their participation in the Bidding Process. The Authority and/or the TIA will not
be responsible or in any way liable for such costs, regardless of the conduct or outcome of the
Bidding Process.
2.5. Site visit and verification o f inform ation
2.5.1. Bidders are encouraged to submit their respective Bids after visiting the Project site and
ascertaining for themselves the site conditions, 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.
2.5.2. It shall be deemed that by submitting a Bid, the Bidder has:
a. made a complete and careful examination of the Bidding Documents;

b. received all relevant information requested from the Authority and/or TIA;
C. acknowledged and accepted the risk of inadequacy, or furnished by or on behalf of
the Authority relating to any of the matters referred to in Clause 2.5.iabove;
d. satisfied itself about all matters, things and information including matters referred
to in Clause 2 . 5.1 hereinabove necessary and required for submitting an informed
Bid, execution of the Project in accordance with the Bidding Documents and
14
performance of all of its obligations thereunder;
e. acknowledged and agreed that inadequacy, lack of completeness or incorrectness of
information provided in the Bidding Documents or ignorance of any of the matters
referred to in Clause 2 . 5.1 hereinabove shall not be a basis for any claim for
compensation, damages, extension of time for performance of its obligations, loss of
profits etc. from the Authority, or a ground for termination of the Concession
Agreement by the Concessionaire;
f. Acknow^ledge that it does not have conflict of interest; and

g. Agreed to be bound by the undertakings provided by it under and in terms hereof.
h. Agreed that Visited site locations and understood the existing street lighting system
and HESCOM distribution system.
Bidder shall submit the site inspection declaration as per APPENDIX-XVIII.
2.5.3. TheAuthority shallnotbehableforanyomission,mistakeorerroronthepartof the Bidder in

respect of any of the above or on account of any matter or thing arising out of or concerning
or relating to RFP, the Bidding Documents or the Bidding Process, including any error or
mistakethereinorinanyinformationordatagivenbytheAuthority or the TIA.
2.6. Right to accept and to reject any or all Bids
2.6.1. Notwithstanding anything contained in this RFP, the Authority and/or the TIA 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.
2.6.2. TheAuthority and/or the TIAreservestherighttorejectanyBidif:
a. at any time, a material misrepresentation is made or uncovered, or

b. theBidderdoesnotprovide, vnthin the time specified by the Authority and/or the TIA,
the supplemental information sought by the Authority and/or the TIA for evaluation
of the Bid.
Such misrepresentation/ improper response shall lead to the disqualification of the

Bidder. If the Bidder is a Consortium, then the entire Consortium shall be disqualified /
rejected. If such disqualification/rejection occurs after the Bids have been opened and one
of the Selected Bidder gets disqualified/ rejected, then the Authority and/or the TIA
reserves the right to take any such measure as may be deemed fit in the sole discretion of
the Authority and/or the T IA , including annulment of the Bidding Process.
2.6.3. In case it isfound at any time before signing of the Agreement or after its execution and during
the period of subsistence thereof, including the Right thereby grantedbytheTIA/Authority,
that one or more ofthe qualification conditions have not been met by the Bidderorthe Bidder
has made material misrepresentation or has given any materially incorrect or false
information, the Bidder shall be disqualified forthwith if not yet appointed as the
Concessionaire either by issue of the LOA or entering into the Agreement, and if the Bidder
has already been issued the LOA or has entered into the Agreement, as the case may be, the
same shall, notwithstanding anything to the contrary contained therein or in this RFP, be
liableto be terminated,byacommunication in writing bythe Authority/TIA to the Bidder,
vwthout the Authority/TIA being liable in any manner whatsoever to the Bidder or
Concessionaire, as the case may be. In such an event, the TIA/Authority shall forfeit and
appropriate the EMD or Performance Security, as the case may be, as genuine
compensation and damages payable totheTIA/Authorityfor,interalia,time,costandeffort
ofthe TIA, without prejudice to any other right or remedy that may be available to the
15
TIA/Authority under the Bidding Documents and/ or the Concession Agreement, or
otherwise.
2.6.4 . The Authority and/or the TIA reserve the right to verify all statements, information and
documents submitted by the Bidder in response to the RFP. Failure of the Authority
and/or the TIA to undertake such verification shall not reheve the Bidder of its obligations
or liabilities hereunder nor will it affect any right of the TIA/Authority there under.
B. DOCUMENTS
2.7. C ontents o f th e RFP
2.7.1. This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below, and
wall additionally include any Addenda/Corrigenda issued in accordance with Clause 2.8.
a. Inform ation to Bidders :

Section i. Introduction
Section 2. Instruction to Bidders
Section 3. Evaluation of Bids
Section 4. Fraud and Corrupt Practices
Section 5. Pre-Bid Meeting
Section 6. Miscellaneous
APPENDICES
Appendix I - Letter Comprising Bid
Appendix II -Details of Bidder
Appendix III (A) - Technical Criteria of the Bidder
Appendix III (B) - Relevant Projects Carried Out In Last Five Years That Best
Illustrate Qualifications
Appendix III(C) - Certificate From The Client Regarding Best Illustrate
Qualifications
Appendix IV - Financial Capability Of The Bidder
Appendix IV - Statement of Legal Capacity
Appendix V - Format For Certificate From Statutory Auditor For Financial
Criteria Of The Bidder
Appendix VI - Statement Of Legal Capacity
Appendix VII - Anti-Collusion Certificate
Appendix VIII - Format For Affidavit Certifj'ing That The Entity/Promoter/S /
Director/S Of Entity Are Not Blacklisted
Appendix IX - Declaration Of Shareholding Pattern Of The Bidder
Appendix X- No Deviation Certificate
Appendix XI- Integrity Pact
Appendix XII- Power Of Attorney For Signing Of Bid
Appendix XIII - Power of Attorney for Lead Member of Consortium
Appendix XIV - Joint Bidding Agreement (Applicable in case of Consortium)
Appendix XV - Specimen of Financial BID
Appendix XVI Break Up Of Financial Bid
Appendix XVII - Scope of Work
Appendix XVII - Site visit declaration.
2.8. C larifications
2.8.1. Bidders requiring any clarification on the RFP may notify the TIA through e-procurement
portal in accordance with the schedule given in Clause 1.3 .The TIA shall endeavor to
16
respond to the queries within 15 (fifteen) days prior to the Bid Due Date. The responses will
be published in the E -Procurem ent Portal w ithout identifying the source o f queries as an
addenda/corrigenda.
2 .8 .2 . The T IA shall endeavor to respond to the queries raised or clarifications sought b y the
Bidders. H ow ever, the T IA reserves the right not to respond to any question or provide any
clarification, in its sole discretion, and nothing in this Clause shall be taken or read as
com pelling or requiring the T IA to respond to any question or to provide anyclarification.
2 .8 .3. The TIA m ay also on its own m otion, if deem ed necessary, issue interpretations and
clarifications to all Bidders through E-Procurem ent Portal. All clarifications and
interpretations issued by the T IA shall be deem ed to be part o f the Bidding Docum ents.
V erbal clarifications and inform ation given b y T IA or its em ployees or representatives shall
not in any w ay or m anner be binding on theTIA.
2.9. Amendment of RFP
2 .9. 1. A t any tim e prior to th e Bid Due Date, the T IA m ay, for any reason, w hether at its own
initiative or in response to clarifications requested by a Bidder, m odify the RFP b y the
issuance of Addenda/corrigenda.
2 .9 .2 . A n y Addendum /Corrigendum thus issued w ill be pubhshed in E-Procurem ent Portal. T he

published details on the said sources v^dll be bin ding on the participatingBidders.
2 .9 .3 . In order to afford the Bidders a reasonable tim e for taking an A ddendum into account, or for
any other reason, T IA may, at its ow n discretion, extend the Bid Due Date. Inform ation
about extensionofthedeadlinew illbepublishedinE -Procurem entPortalvidecorrigendum .
C. PREPARATION AND SUBMISSION OF BIDS
2.10. Form at and Signing of Bid
2 .10. 1. The Bidder shall provide all the inform ation sought under this RFP through e-procurem ent
portal w w w .eproc.karn ataka.gov.in . The A u th ority and/or the T IA w ill evaluate on lythose
Bids that are received through e-procurem ent portal in the required form ats and com plete
in all respects. Incom plete an d /o r conditional Bids shall be liable to rejection and shall be
treated as non responsive.
2 .10.2 . W herever applicable docum ents o f the Bid sought under this RFP shall be typed & signed
b y the authorized signatory o f the Bidder and sam e shall be scanned and uploaded in e-
procurem ent portal.
2.11. Submission of Bid
2.11. 1. The Bidder shall subm it the Bid(s) in the form specified in Clause 2.10
2 .11.2 . The Bidder shall subm it follow ing docum ents through e-procurem ent portal
w vtw .eproc.karnataka.gov.in..
The docum ents accom panying the Bid(s) subm ission shall include:
i) “Technical proposal-Key Submissions”
17
a. Scanned copy of the Letter of Bid in the prescribed form at provided in A ppendix - 1
to Appendix XVI and Appendix XVIII with supporting docum ents
b. Scanned copy of the Power o f Attorney for signing o f Bid in the prescribed form at
(APPENDIX - XII); original copy of power o f attorney should be subm itted to the
T IA within 7 w orking days after the bid due date.
C. If applicable, the scanned copy o f Power o f Attorney for Lead M em ber o f Consortium in
the prescribed form at (
18
APPENDIX - X III); original copy o f pow er o f attorney should be subm itted to the
T IA within 7 w orking days after the bid due date only in the case o f consortium .
d. Scanned copy of Certificate of Incorporation and a copy o f M em orandum and

Articles o f Association of the Bidder;
e. Bidder must submit scanned copy of the certificate fh^m the Statutoiy Auditor for Bidder
(format provided as APPENDIX - V);
f. Copies o f B idder’s or each Consortium M em ber’s duly audited annual reports and
financial statem ents (balance sheets and profit and loss account) for the financial year
2013-14 to 2017-18.
g. Scanned cop yofth eJt. Bidding A greem ent,in caseofaC o n so rtiu m in th efo rm at
providedin “APPENDIX - XIV”;
h. Scanned copy ofthe Statem ent o f Legal C apacity in the form at provided in
19
A P P E N D I X - VII;
j. Scanned cop yofth eA n ti-B lacklistin g/d eb arm en t A ffidavit in the form at provided in
A P P E N D IX - V III
k. Scanned copy o f the D eclaration o f Shareholding Pattern o f the Bidder in the form at
provided in
21
A P P E N D I X - X V I I : and
0. Scanned copyofthelntegrity Pact
24
A P P E N D I X - XI;
p. A copy o f the RFP and Agreem ent w ith each page Signed b y the person signing the
Bid in pursuance o f the Power o f A ttorney’s referred to in sub-clause (b) and sub
clause (c) hereinabove. N o change w hatsoever to the financial and com m ercial
conditions will be m ade after accepting the Bid.
q. Scanned copies o f registration certificate o f the com pany or Class-I contractor
registered w ith PW D /Electrical Inspectorate or Registration deed for firm s or shall be
registered with Government of India or State Govt, or its undertakings in accordance with
clause 2 . 1.1
ii) Qualification Submission
(i) T echnical capability APPEN D IX - I I I (A)(B)(C);
(ii) Financial capability (APPEN D IX - IV, V & VI),
2 .11.3 . The Financial Bid o f the Bidder shall be subm itted only through E-Procurem ent Portal.
2 .11.4 . If the docum ents are not uploaded in the m anner as instructed in this RFP docum ent,
A uthority and/or the T IA assum es no responsibility for the m isplacem ent or prem ature
opening o f the contents o f the Bid subm itted and consequent losses, if any, suffered b y the
Bidder.
2.12. Bid Due Date
2 .12. 1. Bids should be subm itted through E -Procurem ent Portal before the date and tim e
specified in e-procurem ent portal in the m anner and form as detailed in thisR FP.
2 .12.2 . The T IA m ay, in its sole discretion, extend the Bid Due Date b y issuing an
Addendum /corrigendum in accordance w ith Clause 2.9.3 u niform ly for all Bidders.
2 .12.3 . The T IA reserve the right to seek original docum ents for verification o f any o f the
docum ents or any other supporting docum ents upon opening o f the Bidding Docum ents.
2.13. Late Bids
T here is no scope for subm ission o f bids after prescribed date and tim e in e-procurem ent
portal.
2.14. Financial Bid
2 .14.1. The Financial Bid(s) shall be subm itted only through e-procurem entportal.
2 . 14.2. Bid, consisting o f the Bidders financial offer for the project in prescribed form at as per
Appendix V o f this docum ent. The T IA w ill open/unlock the Bids uploaded through e-
procurem ent platform as specified above, including m odifications m ade pursuant to
Clause 1.3 online on the date notified in th e e-procurem ent portal in the presence of
bidders or their authorized representatives, w ho choose to be present at the stipulated
place as notified in the procurem ent portal. In the event o f the specified date o f opening
being declared a holiday for the A u thority or TIA, the Bids w ill be opened at the appointed
tim e and location on the next w orking day. The Bidders can also view the contents after
the opening o f the Bids. The Bidder’s representatives w ho are present shall produce
authorization letter and shall sign evidencing their attendance.
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2 .14.3 . T heopen ingofB idsan dacceptan cethereofshallbesubstantiallyin accordan cew iththisR F P .
2 .14.4 . A tender subm itted with an adjustable /conditional quotation will be treated as non-
responsive and rejected.
2.15. Modifications/ Substitution/ Withdrawal of Bids
2 .15.1. The Bidder m ay modify, substitute or w ithdraw its Bid prior to the Bid Due Date. No Bid
m ay be withdrawn during the period after Bid Due Date and during Bid V alidity Period.
W ithdrawal of a Bid during this period m ay result in the forfeiture o f its EMD, pursuant to
Clause 2 .2 0 .
2.16. Rejection of Bids
2 .16.1. N otw ithstanding anything contained in this RFP, the A uthority reserves the right to reject
any Bid and to annul the Bidding Process and reject all Bids at any tim e w ithout any
liability or any obligation for such acceptance, rejection or annulm ent, and w ithout
assigning any reasons therefor. In the event that the A uthority rejects or annuls all the
Bids, it may, in its discretion, invite all eligible Bidders to subm it fresh Bids hereunder.
2 .16.2 . The T IA reserves the right not to proceed w ith the Bidding Process at any tim e, w ithout
notice or liability, and to reject any Bid w ithout assigning any reasons.
2.17. Validity of Bids
The Bids shallbevah dforaperiod ofnotlessthan i8 o (One Hundred andEighty) daysfrom the
Bid D u eD ate(the“B i d V a li d i t y P e r i o d ”).The bid w ith lesser validity shall be liable to
rejection.In exceptional circum stances, prior to expiry o f the original tim e lim it, the TIA
m ay request that the Bidders to extend the period o f validity for a specified additional
period. The request and the Bidders responses shall be m ade in writing. A Bidder m ay
refuse the request w ithout forfeiting his Earnest M oney Deposit. A Bidder agreeing to the
request w ill not be required or perm itted to m odify his bid, but will be required to extend
the validity o f his earnest m oney deposit for a period o f the extension.
2.18. Confidentiality
Inform ation relating to the exam ination, clarification, evaluation and recom m endation
for the Bidders shall not be disclosed to any person w ho is not officially concerned with
the process or is not a retained professional advisor advising the T IA in relation to or
m atters arising out of, or concerning the Bidding Process. The Authority and/or the TIA
will treat all inform ation, subm itted as part o f the Bid, in confidence and w ill require all
those w ho have access to such m aterial to treat the sam e in confidence. The Authority
and/or the T IA m ay not divulge any such inform ation unless it is directed to do so by any
statutory entity that has the pow er under law to require its disclosure or is to enforce or
assert any right or privilege o f the statutory entity and/ or the A uthority or the TIA.
2.19. Correspondence with the Bidder
The Authority and / or T IA shall not entertain any correspondence w ith any Bidder in
relation to acceptance or rejection o f any Bid.
D. EARNEST MONEY DEPOSIT
2.20. Earnest Money Deposit
26
2 .20 . 1. The Bidder shall furnish as part o f its Bid, an EMD for an am ount and in the m anner
provided in Clause 1.2.4.
2 .20 .2 . A n y Bid not accom panied by the EMD shall be sum m arily rejected by T IA as non-
responsive.
2 .20 .3 . Save and except as provided in Clause 1.2.4, the EM D o f unsuccessful Bidders w ill be
returned by TIA, w ithout any interest, as prom ptly as possible on acceptance of the Bid of
the Selected Bidder and successful com pletion o f the Bidding Process or when the Bidding
process is cancelled by the TIA.
2 .20 .4 . The Selected Bidder’s EMD will be returned, w ithout any interest, upon the Bidder signing
the A greem ent with the A uthority and furnishing the Perform ance Security in accordance
w ith the provisions thereof.
2 .20 .5 . The T IA shall be entitled to forfeit and appropriate the EM D as genuine com pensation /
dam ages to the T IA in any o f the events specified in Clause 2.20.6 herein below . The
Bidder, by subm itting its Bid pursuant to this RFP, shall be deem ed to have acknow ledged
and confirm ed that the T IA w ill suffer loss and dam age on account o f w ithdraw al o f its Bid
or for any other default b y the Bidder during the Bid V alidity Period. N o relaxation o f any
kind on EMD shall be given to any Bidder.
2 .20.6 . The EM D shall be forfeited and appropriated by th e T IA as genuine com pensation and
dam ages payable to the T IA for, inter alia, tim e, cost and effort o f the TIA w ithout
prejudice to any other right or rem edy that m ay be available to th e T IA hereunder or
otherwise, under the follow ing conditions:
I. If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice as specified in Section 4 o f this R F P ;
II. If a Bidder w ithdraw s its Bid after opening o f the Financial Bid during the period o f Bid
validity as specified in this RFP and as extended b y the Bidder from tim e to tim e;
III. In case the Bidder fails to acknow ledge th e Letter o f A cceptance and/or A llotm ent
Letter, and fails to fulfil conditions o f the Letter o f A cceptance and/or Allotm ent Letter.
IV. In th e case o f Selected Bidder, if it fails w ithin the specified tim e lim it -
I) to sign the A greem ent and/or
ii) to furnish the Perform ance Security
V. If the docum ents uploaded b y the bidder found fake/forged
27
M
3. EVALUATION OF BIDS
3.1. Opening and Evaluation of Bids
3 .1.1. The TIA shall open the Bids as per the Schedule of Bidding process specified in Clause 1.3 at
the place specifiedinClause 1.3 andinthepresenceoftheB iddersw hochoosetoattend.
3 .1.2 . The T IA will exam inean d evalu ateth eB id sin th em an n erseto u tin accordance w ith the
provisions set out in this Section 3.
3 .1.3. To facilitate evaluation of Bids, the T IA may, at its sole discretion, seek clarifications in
w riting from any Bidder regarding its Bid.
3.1.4 . A ny inform ation contained in the Bid shall not in any w ay be construed as binding on the
Authority and/or the TIA, its agents, successors or assigns, but shall be binding against
the Bidder if the Projectissubsequentlyaw arded to it under th e Bidding Process on the
basis of such inform ation.
3 .1.5 . The T IA reserves the right not to proceed w ith the Bidding Process at any tim e w ithout
notice or liability and to reject any Bid w ithout assigning any reasons.
3.2. Tests of responsiveness
3 .2 .1. P riorto evaluation o f Bids, the T IA shall determ ine w hether each Bid is responsive to the
requirem ents o f RFP. in addition to clause 2.11 bid shall be considered responsive only if:
a. it is received as per the form at at A ppendix -I to Appendix- XVIII;
b. it is received by the Bid Due Date including any extension thereof pursuant to Clause
2.9;
C. it is subm itted through E-Procurem ent Portal in the m anner stipulated in Clause 2.9,
2.10 and 2.11
d. S can nedcopyofth eJt.B iddingA greem en t,incaseofaC on sortium in theform at

providedin “A P P E N D I X - X I V ”;
e. copyofC ertificateoflncorporationandaC opyofM em orandum andA rticlesof

A ssociation of the Bidder;
f. Copies o f Bidder’s in case o f sole bidder or each Consortium M em ber’s in case of

consortium d u lyau d ited ann u alrep ortsand finan cial statem ents Gâlance sheets and
profit and loss account) for the financial year 2013-14, 20 14 -15 ,20 15 -16 ,20 16 -17 and
2017-18;
g. itcontainsalltheinform ation(com pleteinallrespects)asrequestedinthisR FPand/or

Bidding Docum ents (in form ats sam e asthosespecified);
h. A copy o f the Agreem ent w ith each page initialed by the person signing the Bid in
pursuance of the Power o f A ttorney’s referred to in sub-clause (b) and sub-clause (c)
hereinabove. No change w hatsoever to the financial and com m ercial conditions w ill be
m ade after accepting the Bid;
28
i. it does not contain any condition;
3 .2 .2 . The TIA reserves the right to reject any Bid w hich is non-responsive and no request for
alteration, m odification, substitution or w ithdraw al shall be entertained by the Authority
and/or the T IA in respect o f such Bid.
3.3. Evaluation of Eligibility Criteria and Technical Bid
3 .3 .1. The evaluation o f the Bid subm issions w ould involve opening and evaluation o f the
Technical proposals-K ey Subm issions and a test o f responsiveness based on the
provisions o f Clause 3.2 o f the RFP. Those Bids found to be substantially responsive would
be evaluated in the second step. T IA and/or A uthority reserves the right to seek any
clarifications on docum ent(s) subm itted in the E -Procurem ent Portal.
3.3.2 . O nly those Bidders w hose Bids are responsive in accordance w ith provisions o f C lause 3.2
above shall be considered for technical and financial capacity evaluation. Bids w hich do
not m eet these criteria shall be rejected.
3 .3 .3. T h eB idderscom petencean dcapacityisproposedtobeestabhshedbyfollovn ngparam eters:
a. Technical Criteria; and

b. Financial Criteria.
a. Technical Criteria:
For dem onstrating technical capacity and experience, the Bidder should, over the past 5
(five) financial years (2013-14 to 2017-18) and including current financial year, have done;
I. W ork Experience:
1. Bidder should have satisfactorily com pleted one sim ilar Project/w ork of
“Installation/replacem ent of LED Street light System in single
project/w ork” w ith value not less than Rs. 6.3 Crores betw een 01-04-2014 and the
last date o f bidding for any U rban Local Bodies, or w ith any G overnm ent/Sem i
governm ent /PSU '.
OR
Bidder shall have satisfactorily com pleted one sim ilar Project/w ork o f “Installation
/ replacement of LED Street light system in a single w ork/project” w ith
quantity not less than 27258 N o’s LED street lights betw een 01-04-2014 and th e last
date o f bidding for any U rban Local Bodies, or w ith any governm ent / Sem i
governm ent /PSU ^ .
2. Bidder shall have satisfactorily com pleted one sim ilar Project/w ork: “Installation and
operation & m aintenance o f Street lights w ith in a single w ork/project” with atleast
27258 N os’s wdth CCM S installed betw een 01-04-2014 and the last date o f bidding for
any U rban Local Bodies, nationally or w ith any governm ent / Sem i governm ent /PSU.
' U p d a ted to the F inancial Y e a r in w hich the ten d er is invited. T he valu e o f the c o m p le te d w o rk /p ro ject shall be
given a w eig h t o f 10 % p e r y e ar to brin g it to the p rice level o f the F inancial Y e ar in w h ich th e ten d e r is invited.
^ U p d ated to the F inancial Y e a r in w hich the ten d er is invited. T he value o f the co m p le te d w o rk /p ro ject shall be
given a w e ig h t o f 1 0 % per y ear to b rin g it to the p rice level o f the F inancial Y e ar in w h ich th e ten d e r is invited.
29
Note: Project/W ork Done Certificates accepted are to be certified from the Officer not
below the rank of cadre o f Executive Engineer or Head o f the Institution of
Central/state Govt, or their undertakings and PSUs/Authorized Signatory o f ULB.
II. Operation and M aintenance:
1. Bidder should have previously provided operation & m aintenance of street lighting with
m inim um quantity of 27258 N o’s and out o f w hich 13629 N o’s m ust be LED street
lights in any w ork(s)/project(s) in the period of 12 consecutive m onths betw een 01-04-
2013 and the last date o f bidding for any Urban Local Bodies, or w ith any Governm ent/
Semi governm ent /PSU.
Note: Sole Bidder/ Consortium must satisfy Criteria (I), (II) and (III.
b. Financial Criteria:
1 . Turnover: B idder should have achieved in any two Financial Years in last 5 (five)
financial years (2013-14 to 2017-18 or 2014-15 to 2018-19) a m inim um annual
financial turnover of Rs. 72.43 Croress.
-Or-
For ESCO Operators:

“ Bidders should have achieved in any two financial years in last 5 (five) financial years
(2013-14 to 2017-18 or 2014-15 to 2018-19) a m inim um annual financial turnover of
Rs. 20.90 Crores” from ESCO project.
2. Net Worth: Sole Bidder/ Each m em ber of Consortium should have positive net
w orth during the last two Financial Years (2017-18 and 2016-17).
In addition, the Application m ust be accom panied by the Audited Annual financial
statem ents / Reports o f the Bidder audited b y statutory auditor for the last five financial
years (FY 2013-14, 2014-15, FY 2015-16, FY 2016-17 and FY 2017-18).
In case the annual accounts for the latest financial year are not audited and therefore the
Bidder cannot make it available, the Bidder shall give an undertaking to this effect and the
statutory auditor shall certify the sam e. In such a case, the Bidder shall provide the
Audited Annual Reports for 5 (five) years preceding the year for w hich the Audited Annual
Report is not being provided.
Note:
1. The Bidders shall subm it the Relevant Certificates from the client in the form ats
prescribed in APPEN D IX - I I I (B).
2. The Bidders shall subm it the Relevant Certificates Establishing financial criteria set
out in Section-3 in the form ats APPEN D IX - IV and APPEN D IX - V
3.4. Selection of Bidder
3 .4 .1. Subject to the provisions, the responsive Bidder whose Bid is adjudged as technically
qualified and who quotes the lowest Equated M onthly Installm ent (EMI) shall ordinarily be
^ U p d a ted to the FY in w hich the ten d er is invited. Financial tu rn o v er o f previous years shall be given a w eig h t
o f 10 % p e r y ear to brin g them to the p rice level o f the FY in w hich the ten d e r is invited.
30
declared as the Selected Bidder.
3 .4 .2 . In the event that two or m ore Bidders quote the sam e am ount o f low est EMI (the “Tie
Bidders”), the A uthority and the T IA shall identify the Selected Bidder by draw o f lots or
b y Reverse bidding or appropriate prevailing practice, w hich shall be conducted, wdth
prior notice, in the presence o f the Bidders w ho quoted the sam e value choose to attend.
3 .4 .3. In the event that the Low est Bidder w ithdraw s or is not selected for any reason, the A uthority
and/or the TIA shall annulthe Bidding Process and retender the project.
3 .4 .4 . After selection, a Letter o f Acceptance (the “LO A ”) shall be issued, in duplicate, b y T IA to

the Selected Bidder and the Selected Bidder shall, w ithin 7 (seven) days o f the receipt of
the LOA, sign and return the duplicate copy o f the LO A in acknow ledgem ent th e re o f In
the event the duplicate copy o f the LO A duly signed b y the Selected Bidder is not received
b y the stipulated date, the TIA may, unless it consents to extension o f tim e for subm ission
thereof, appropriate the EM D o f such Bidder as D am ages on account o f failure of the
Selected Bidder to acknow ledge the LOA.
3 .4 .5 . W ithin 20 days o f receipt o f the Letter o f Acceptance, the successful Bidder shall deliver
to the A uthority a perform ance Security in the form o f a Bank G uarantee, w hich shall be
SFM S Bank G uarantee, issued b y a N ationalized bank for an am ount equivalent to 5% of
the Contract price (120 X EMI).
3 .4 .6 . After acknow ledgem ent o f the L O A as aforesaid by the Selected Bidder, it shall cause the
selected B id d ertoexecu tethe A greem ent after com pliance o f requirem ents o f clause 3.4.4
and clause 3.4.4. The Selected Bidder shall not be entitled to seek any deviation,
m odification or am endm ent in the Agreem ent.
3.5. Contacts during Bid Evaluation
Bids shall be deem ed to be under consideration from the tim e im m ediately after th ey are
opened until such tim e the A uthority and/or the T IA m akes official intim ation o f award/
rejection to the Bidders through e-procurem ent portal. W hile the Bids are under
consideration, Bidders and/ or their representatives or other interested parties are advised
to refrain from contacting by any m eans, the T IA and/ortheir em ployees/ representatives
on m atters related to the Bids under consideration.
3.6. Financial Close
The Selected Bidder shall achieve Financial closure within 60 (sixty) days from the signing o f
the Agreem ent.
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4. FRAUD AND CORRUPT PRACTICES
It is G oK ’s policy to require that the concessionaire to observe the highest standard o f ethics
during the execution of the project.
4.1 The Bidders and their respective officers, em ployees, 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 o fth e Agreem ent. N otw ithstanding anything to the contrary
contained herein, or in the LOA or the Agreem ent, the Authority and/or the T IA shall
reject a Bid or wdthdraw the LOA, as the case m ay be, w ithout being liable in any m anner
w hatsoever to the Bidder if it determ ines that the Bidder has directly or indirectly or
through an agent, engaged in corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice in the Bidding Process. In such an event, the
T IA shall forfeit and appropriate the EMD as genuine com pensation and dam ages payable
to the T IA towards, inter alia, tim e, cost and effort o f the TIA, w ithout prejudice to any
other right or rem edy that m ay be available to the T IA hereunder or otherwise.
4.2 W ithout prejudice to the right of the Authority and/or the T IA under Clause 4.1
hereinabove and the right and rem edies which the Authority and/or the T IA m ay have
under the LOA, if a Bidder is found by the A uthority and/or the T IA to have directly or
indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice during the Bidding
Process, or after the issue o f the LO A or the execution o f the Agreem ent, such Bidder or
Concessionaire shall not be eligible to participate in any tender or RFP issued b y the
Authority or the TIA during a period o f 2 (two) years from the date such B idder or
Concessionaire, as the case m ay be, is found b y the Authority or the T IA to have directly
or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercivepractice, undesirable practiceorrestrictivepracti ces, as thecase m aybe.
4.3 For the purposes o f this Article 4, the follow ing term s shall have the m eaning hereinafter
respectively assigned to them:
a. “corrupt practice” m eans (i) the offering, giving, receiving, or soliciting, directly or
indirectly, o f anything o f value to influence the actions o f any person connected w ith the
Bidding Process (for avoidance of doubt, offering of em ploym ent to or em ploying or
engaging in any m anner w hatsoever, directly or indirectly, any official o f th e T IA who
is or has been associated in any m anner, directly or indirectly w ith the Bidding Process
or the L O A or has dealt w ith m atters concerning the Agreem ent or arising therefrom ,
beforeorafterth eexecu tionthereof,atany tim e prior to the expiry o f one year from the
date such official resigns or retires from or otherwise ceases to be in the service o f the
TIA, shall be deem ed to constitute influencing the actions o f aperson connected w ith the
Bidding Process); or (ii) engaging in any m anner w hatsoever, w hether during the
Bidding Process or after the issue o f the LOA or after the execution o f the Agreem ent,
as the case m aybe, any person in respect o f any m atter relating to the Project or the LO A
or the Agreem ent, w ho at anytim e has been or is a legal, financial or technical adviser o f
the T IA in relation to any m atter concerning the Project;
b. “fraudulent p r a c t i c e ”m eansam isrepresentationorom issionoffactsorsuppression
offactsor
disclosure o f incom plete facts, in order to influence the Bidding Process;
c. “coercive practice” m eans im pairing or harm ing, or threatening to im pair or harm ,
directly or indirectly, any person or property to influence any person’s participation or
action in the Bidding Process;
d. “undesirable practice” m eans (i) establishing contact w ith any person connected
w ith or em ployed or engaged by the TIA /Authority w ith the objective o f canvassing,
lobbying or in any m anner influencing or attem pting to influence the Bidding Process;
32
or (ii) having a Conflict o f Interest; and
e. “Restrictive practice” m eans form ing a cartel or arriving at any understanding or
arrangem ent am ong Bidders w ith the objective o f restricting or m anipulating a full and
fair com petition in the Bidding Process.
33
I
5. PRE-BID MEETING
5.1 A pre-bid meeting of the Bidders shall be convened at the designated date, tim e and place as
m entioned in Clause 1.3. A m axim um of two representatives o f each Bidder shall be allowed
to participate.
5.2 D uring the course o f the pre-bid meeting, the Bidders will be free to seek clarifications from
the TIA/ Authority. The TIA/Authority shall endeavor to provide clarifications and such
further inform ation as it may, in its sole discretion, consider appropriate for facilitating a
fair, transparent and com petitive BiddingProcess.
34
6. MISCELLANEOUS
6.1 The Bidding Process shall be governed by, and construed in accordance w ith, the laws of
India and the Courts in the State in which the A uthority has its headquarters shall have
exclusive jurisdiction over all disputes arising under, pursuant to and/ or in connection
w ith the Bidding Process.
6.2 The TIA, in its sole discretion and w ithout incurring any obligation or liability, reserves the
right, at any tim e, to;
(a) suspend and/ or cancel the Bidding Process and/ or am end and/ or supplem ent the
Bidding Process or m odify the dates or other term s and conditions relating thereto;
(b) consult v«th any Bidder in order to receive clarification or further inform ation;
(c) retain any inform ation and/ or evidence subm itted to the A uthority by, on b eh alf of,
and/ or in relation to any Bidder; and/ or
(d) independently verify, disqualify, reject and/ or accept any and all subm issions or other
inform ation and/ or evidence subm itted by or on b eh a lf o f any Bidder.
6.3 It shall be deem ed that by subm itting the Bid, the Bidder agrees and releases the
Authority, its em ployees, agents and advisers, irrevocably, unconditionally, fu lly and
finally from any and all liability for claim s, losses, dam ages, costs, expenses or liabilities
in any w ay related to or arising from the exercise o f any rights and/ or perform ance o f any
obligations hereunder, pursuant hereto and/ or in connection w ith the Bidding Process
and w aives, to the fullest extent perm itted b y applicable laws, any and all rights and/ or
claim s it m ay have in this respect, w hether actual or contingent, w hether present or in
future.
35
APPENDIX - I
LETTER COMPRISING BID
(Refer SECTION 2- INSTRUCTION TO BIDDER)
(On the Letterhead o f the Sole Bidder / Lead M em ber o f the Consortium )
Dated;
To,
The M anaging Director,
Hubballi Dharwad Sm art City Limited
IT Park, 4‘>' Floor, B Block,
Opposite Indira Glass House,
H ubbaU i- 580 020
Sub: “Bid for Selection of Concessionaire for Implementation and Maintenance of

LED Street Lights/Lighting System and Centralized Control and Monitoring System”
through PPP.
D ear Sir,
W ith reference to your RFP docum ent d a te d ---------, I/we, having exam ined the docum ents
and understood their contents, hereby subm it m y/our Bid for the aforesaid Project. The Bid
is unconditional and unqualified.
1/ W e acknowledge that the Authority w ill be relying on the inform ation provided in the
Bid and the docum ents accom panying the Bid for selection o f the Concessionaire for the
aforesaid Project, and we certify that all inform ation provided therein is true and correct;
nothing has been omitted w hich renders such inform ation m isleading; and all docum ents
accom panying the Bid are true copies o f their respective originals.
This statem ent is made for the purpose o f qualifying as a Bidder for the im plem entation and
operation & m aintenance o f the aforesaid Project.
1/ W e shall m ake available to the TIA any additional inform ation it m ay find necessary or
require to supplem ent or authenticate the Bid.
1/ W e acknowledge the right of the TIA /Authority to reject our Bid v^thout assigning any
reason or otherwise and hereby waive, to the fullest extent perm itted b y applicable law , our
right to challenge the sam e on any account whatsoever.
1/ W e certify that in the last three years, we/ any o f the Consortium M em bers or our/ their
Associates have neither failed to perform on any contract, as evidenced by im position o f a
penalty by an arbitral or judicial authority or a judicial
1/ W e declare that:
a. 1/ W e have exam ined and have no reservations to the Bidding D ocum ents, including
any Addendum issued by the TIA.
b. 1/ W e do not have any Conflict o f Interest in accordance w ith Clauses 2.1.14 o f the RFP
docum ent;
C. I/W e 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 4.3 o f the RFP docum ent, in respect o f any
tender or request for proposal issued by or any agreem ent entered into w ith the
A uthorify or any other public sector enterprise or any Governm ent, Central or State;
and
36
d. 1/ W e hereby certify that w e have taken steps to ensure that in conform ity with the
provisions o f Clause 4 o f the RFP, no person acting for us or on our b eh alf has engaged or
w ill engage in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice.
e. The undertakings given by us along w ith the Bid in response to the RFP for the Project
w ere true and correct as on date o f m aking the Bid and are also true and correct as on the
Bid Due Date and I/W e shall continue to abidethem .
8 1/ W e understand that you m ay cancel the Bidding Process at any tim e and that you are
neither bound to accept any Bid that you m ay receive nor to invite the Bidders to Bid for the
Project, w ithout incurring anyliability,in accordance w ith Clause 2.6 o f the RFP docum ent.
9 1/ W e believe that we/ our Consortium satisfy(ies) the Financial Capacity and m eet(s) the
requirem ents as specified in the RFP docum ent and are/ is qualified to subm it a Bid in
accordance w ith the RFP docum ent
10 1/ W e declare that we/ any M em ber o f the Consortium are/ is not a M em ber o f a/ any other
Consortium subm itting a Bid for the Project.
11 I/W e ce rtify th atin re ga rd to m atterso th e rth an secu ritya n d in teg rityo fth eco u n try,w e h av e
not been convicted b y a Court o f Law or indicted or adverse orders passed by a regulatory
authority w hich could cast a doubt on our ability to undertake the Proj ect or w hich relates to a
graveoffence that outrages the m oral sense o f the com m unify.
12 1/ W e further certifythat in regard to m atters relating to security and integrity o f the country,
w e have not b een charge-sheeted by any agency o f the G overnm ent or convicted b y a Court
o f Law.
13 I/W efu rth ercertifythatn oin vestigation byaregu latoryau th orityispen d in geith eragain stu s
or
against our CEO or any o f our Directors/ M anagers/ em ployees.
14 1/ W e undertake that in case due to any change in facts or circum stances during the Bidding
Process, w e are attracted by the provisions o f disqualification in term s o f the guidelines
referredtoabove, w esh allin tim a teth eA u th o rity an d /o rth eT IA o fth e sam e im m ed iate ly.
15 1/ W e undertake that in case due to any change in facts or circum stances during the
Bidding Process, w e are attracted by the provisions o f disqualification in term s o f the
guidelines referred to above, w e shall intim ate the A uthority o f the sam e im m ediately.
16 1/ W e acknow ledge and undertake that our Consortium w as pre-qualified and short-listed
on the basis o f T echnical Capacity and Financial C apacity o f those o f its M em bers who
shall, for a period o f 2 (two) years from the date o f com m ercial operation o f the Project,
hold equity share capital not less than; (i) 26% (tw enty six per cent) o f the subscribed and
paid-up equity o f the Concessionaire; and (ii) 5% (five per cent) o f the Total Project Cost
specified in the Concession Agreem ent. W e further agree and acknow ledge that the
aforesaid obligation shall be in addition to the obligations contained in the Concession
Agreem ent in respect o f Change in O w nership.
17 1/ W e acknow ledge and agree that in the event o f a change in control o f an Associate
w hose T echnical Capacity and/ or Financial C apacity w as taken into consideration for the
purposes o f short-listing , I/W e shall inform the A uthority forthw ith along w ith all
37
relevant particulars and the Authority may, in its sole discretion, disqualify our
Consortium or withdraw the Letter o f Acceptance, as the case m ay be. I/W e further
acknowledge and agree that in the event such change in control occurs after signing of the
Concession Agreem ent but prior to Financial Close of the Project, it would,
notwithstanding anything to the contrary contained in the Agreem ent, be deem ed a
breach thereof, and the Concession Agreem ent shall be liable to be term inated w ithout the
Authority being liable to us in any m anner whatsoever.
18 1/ W e hereby irrevocably waive any right or rem edy which w e m ay have at any stage at
law or howsoever otherwise arising to challenge or question any decision taken b y the
A uthority in connection with the selection of the Bidder, or in connection with the Bidding
Process itself, in respect of the above-m entioned Project and the term s and
im plem entation thereof.
19 In the event o f my/ our being declared as the Selected Bidder, I/we agree to enter into
a Concession Agreem ent in accordance with the draft that has been provided to m e/us
prior to the Bid Due Date. W e agree not to seek any changes in the aforesaid draft and
agree to abide by the same.
20 1/ W e have studied the R F? carefully and assessed the project. W e understand that
except to the extent as expressly set forth in the Concession Agreem ent, we shall have no
claim , right or title arising out o f any docum ents or inform ation provided to us by the
Authority and / or the TIA or in respect o f any m atter arising out o f or relating to the
Bidding Process including the award o f Concession.
21 I/W eo ffera E M D as specified in e-procurem ent portal to the T IA in accordance w ith the
RFP Document.
22 The EMD in the form s as set forth in the clause 1.2.4 is subm itted.
23 The docum ents accom panying the Bid, as specified in Clause 2.11, clause 3.2 and clause
3.3 o f the RFP, have been subm itted through e-procurem ent portal
24 1/ W e agree and understand that the Bid is subject to the provisions o f the Bidding
D ocum ents. In no case. I/we shall have any claim or right o f w hatsoever nature if the
Project / Concession is not awarded to m e/us or our Bid is not opened or rejected.
25 The Financial Bid has been quoted b y m e/us after taking into consideration all the term s
and conditions stated in the RFP, Agreem ent, our own estim ates o f costs and revenues and
after a careful assessm ent o f the site and all the conditions that m ay affect the project cost
and im plem entation o f the Project.
26 1/ W e agree and undertake to abide by all the term s and conditions o f the RFP docum ent.
27 W e, the Consortium M em bers agree and undertake to be join tly and severally liable for all
the obligations of the Concessionaire under the Concession Agreem ent.
28 I/W e agree to keep this offer valid for 180 (One H undred and Eighty) days from the Bid
Due Date specified in the RFP.
29 I/W e hereby subm itted the financial offer in financial bid of e-procurem ent portal after
detailed study and assessm ent o f RFP and Project.
30 I , ____________________________________ (Lead M em ber) o f the Consortium

acknowledge that we shall enter into the Agreem ent on b eh alf o f the Consortium for
38
im plem entation of the Project. Further, we have executed the Joint Bidding Agreem ent as
per the form at prescribed in APPEN D IX - X IV and we agree that all the Consortium
m em bers shall be join tly or severally responsible for the im plem entation o f the Project (if
awarded). Further, w e agree and accept that O ther M em bers shall have no direct financial
claim on the A uthority and/or the TIA.
31 W e understand that in case Bidder/any o f the m em bers o f the Consortium is a en tity as per
Clause 2.1.21, the continued eligibility shall be subject to approval o f the TIA from national
security and public interest perspective. The decision o f the TIA in this b eh a lf shall be final
and conclusive and binding on theBidder.
32 I/ W e h ereb y irre v o ca b ly w a iv ea n y rig h tw h ic h w em a y h a v ea ta n y sta g ea tla w o rh o w so ev e r

othervdse arising to challenge or question any decision taken b y the T IA in connection w ith
the selection o f the Bidder, or in connection v^dth the Bidding Process itself, in respect o f the
above-m entioned Project and the term s and im plem entation thereof.
33 I/W e intend to participate in the bidding process as sole bidder/consortium .
34 All inform ation provided in the Bid and in the Appendices is true and correct.
35 The Statem ent o f Legal Capacity as per form at provided at
39
APPEN D IX - XIII respectively o f the RFP, are also enclosed.
36 1/ W e further certify that w e are not barred b y the Central/ State G overnm ent, or any entity
controlled by them , from participating in any project, and the bar subsists as on the date of
Bid, w ou ld n o tb eeligib letosu bm itaB id ,eith erin d ivid u allyorasm em b ero faC on sortiu m .
In w itness thereof, I/we subm it this Bid under and in accordance w ith the term s o f the
RFP docum ent.
Yours faithfully,
Date: (Signature o f the Authorised
signatory)
Place: (N am e and designation of the of the

Authorised signatory)
N am e and seal o f Bidder/Lead

M em ber
41
A P P E N D IX -II
DETAILS OF BID D ER
(On the Letterhead o f the Bidder)
1. (a) Name:
(b) Country of incorporation:
(c) Address ofthecorporateheadquartersanditsbranchof¥ice(s), if any, in
India:
(d) Date o f incorporation and/ or com m encem ent of business:
2. Brief description o f the Com pany including details o f its m ain lines o f business and
proposed role and responsibilities in [this/ these Project(s)]:
3. Details o f individual(s) w ho will serve as the point of contact/ com m unication

for the TIA:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number;
(f) E-M ail Address:
(g) Fax Num ber:
4. Particulars of the Authorised Signatory o f the Bidder:

(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Num ber:
5. In case o f a Consortium :
(a) The inform ation above (1-4) should be provided for all the M em bers o f the
Consortium .
(b) A copy o f the Jt. Bidding Agreem ent, as envisaged in the RFP docum ent
should be attached to the Bid.
(c) Inform ation regarding role o f each M em ber should be provided as per
table below and the same shall be in accordance with the requirem ents
set out in Clause 2.1.16 o f this RFP:
Status/Role (m ention lead or other

SL No. Name of Member
member)*
1.
2.
3-
* The status o f each M em ber, as m ay be determ ined b y the Bidder, should be indicated.
6. A statem ent b y the Bidder and each o f the M em bers o f its Consortium (where
applicable) disclosing m aterial non-perform ance or contractual non-com pliance
in pastprojects, contractual disputes and litigation/ arbitration in the recent past
is given below (Attach extra sheets, if necessary.
42
APPENDIX -II I (A)
Technical Criteria of the Bidder
(Refer to Clause 3.3.3 o f the RFP)
Bidder
Type(Sole
Bidder/Conso Client
rtium lead Name Paymen Project
t Details, Projec Specificati Date of
S Member Project Of the
Member if t
NO Code* Code** Project For the ons and Completi
/Consortium applicab Cost on
# Project facilities
Member 1 le
/Consortium
member 2
* M em ber Code shall indicate N A f o r N o t A p plica ble in case o f a Sole Bidder. F or other M em bers,
the fo llo w in g abbreviations are suggested viz. L M m eans Lead M em ber, TM m eans Technical
M em ber, F M m eans Financial M em ber, O M M m eans O peration & M aintenance M em ber, O M
m eans Other M em ber.
** F or a Sole B id d er,th ep ro jectC o d esw o u ld b ea ,b ,c,d etc.In ca seth eB id d erisa C o n so rtiu m th en fo r
M e m b erw o u ld b ela , ib , ic , i d etc.
# Provide details o f only those p rojects that have been undertaken by the B idder under its own
name and/ or by an A ssociate specified in in this R FP and / or by a p ro ject com pany eligible.
Instructions:
1. Bidder shall subm it Technical Criteria as per C la u se s.3.3.
2. Providedetails o f only th o sep rojectsth ath ave been undertaken b yth eB id d eru n d erits
own nam e.
3 . A separate sheet should b e filled for each project.
(Signature o f the Authorised

signatory)
(N am e and designation o f the o f the Authorised signatory)

N am e and seal o f Bidder
43
A P P E N D I X - I I I (B )
RELEVANT PROJECTS CARRIED OUT IN LAST FIVE YEARS THAT BEST ILLUSTRATE
QUALIFICATIONS
FORMAT- 1
SI N o P a r t i c u la r s D e s c r ip t io n
1 N am e of the Project
2 Chent N am e and address
3 Type o f Project (PPP/EPC/ESCO etc.,)
a EPC Yes/No
b PPP Yes/No
c ESCO... Yes/No
4 Scope of the project

5 Date of start o f Project
6 Target date o f com pletion o f project
7 Actual date o f com pletion o f project

Total Project Cost in Rs.
7 (arrived Annuity or EMI in case of
PPP/ESCO m odel)
8 Total Quantity o f Street Lights
installed/replaced ( All types OF Lum inaries
) (Nos.)
9 Total Quantity of LED Street Lights

installed/replaced out of total Street lights
(Nos.)
10 Cost o f the only LED Street Lights
installed out o f total project cost (Rs.)
11 Cost o f the CCMS for Street Lights if
installed out o f total project cost (Rs.)
12 W hether credit is being taken for the Eligible
Experience o f an Associate (Yes/
No, if yes percentage.) ( for JV/Consortium
experiences only)
Date:
Place:
(Signature o f the Authorised
signatory)
(N am e and designation of the of the Authorised signatory)

44
FORM AT- 2
( O p e r a t io n & M a in t e n a n c e o f s t r e e t l i g h t s )
P ro je c t C o d e: M e m b e r C o d e:
SI P a r t i c u la r s D e s c r ip t i o n
No
1 N am e o f the Project
2 Client N am e and address
3 Type o f Project (PPP/EPC/ESCO etc.,)
4 Scope o f the project
5 O&M start date
6 OSdVI end date
7 Am ount agreed for O&M
8 Am ount paid till date for OSdVI
8 Total Q uantity of Street Lights under O&M
project ( All types O f L u m in a ries) (Nos.)
9 Total Q uantity o f LED Street Lights under
O&M project (Nos.)
12 W heth er credit isbeing taken forthe Eligible
Experience o f an Associate (Yes/
No if yes p e rcen ta g e .) ( for JV/Consortium
experiences only)
Date:
Place:
(Signature of the Authorised
signatory)
(N am e and designation o f the o f th e A uthorised signatoiy)

45
Instructions:
1. Bidders are expected to provide inform ation in respect of each Eligible Projects in the above
form at only. The projects cited must com ply with the eligibility criteria specified in RFP, as the
case m ay be. Inform ation p rovided inthissectionisin ten d ed toserveasabacku p forinform ation
providedintheB id.B idders should also referto the Instructions below.
2. For a sole bidder, the Project Codes w ould be a, b, c, d etc. In case the Bidder is a Consortium
then for M em ber i, the Project Codes w ould be la, ib , ic, id etc., for M em ber 2 the Project
Codes shall be 2a, 2b, 2c, 2d etc., and so on.
3. A separate sheet should be filled for each Eligible Project.
4. M em berC odesh allindicateN A forN otA pplicableincaseofaSole Bidder.ForotherM em bers, the

follow ing abbreviations are suggested viz. LM m eans Lead M em ber, TM m eans Technical
M em ber, FM m eans Financial M em ber, OMM means Operation & M aintenance M em ber; and
OM means Other M em ber. In case the Eligible Project relates to an Associate o f the Bidder or its
M em ber, write “A ssociate” along with M em ber Code.
5. Bidders can add additional sheets to explain in detail about project facilities.
6. Copies of W ork order / Agreem ents signed by the Bidder with its respective clients m ust be
furnished for each Eligible Project.
7. In case the agreem ent does not specify the features, the Bidder should also provide a certificate
in the form at below
46
CERTIFICATE FROM THE CLIENT REGARDING BEST ILLUSTRATE QUALIFICATIONS
FOR FORMATS-i AND FORMAT-2
(Refer to Clause 3.3.3 of the RFP)
This is to certify that ............................. (N am e o f the Bidder/M em ber/Associate) was engaged

b y...................... (Title o f the project com pany) to execute ......, .........., ......... (Q uantity o f LED
Streetlights, conventional Streetlights and CCM S) a t ........................ (project place) as p er the
form at-i(A ttested) . The installation o f the project com m enced o n ............... (Date) and the project
w as/ is likely to be com m issioned o n ................ (Date, if any).
N am e of the Client; Signature, nam e and

designation o f the SealO rganization name: Authorized Signatory
Date:
Place:
This is to certify that ............................. (N am e o f the Bidder/M em ber/Associate) was engaged

b y ......................(T itleofth ep rojectcom p an y)for Operation and M aintenance (O&M) o f ......., ..........,
........ (quantity o f Conventional street lights, LED street lights) a t ..........................(project place) as
per the form at-2 (Attested) .The O&M o f ......, .........., .........(quantity o f Conventional street lights,
LED street lights) is started o n ...............(Date) and w as/ is likely to b e com pleted o n .................
(Date, if any) and O&M is satisfactory till date.
N am e o f the Client: Signature, nam e and

designation o f the SealO rganization nam e: A uthorized Signatory
Date:
Place:
In the event that credit is b eing taken for the Eligible Experience o f an Associate, the Applicant
should also provide a Certificate in the form at below:
Certificate from Statutory Auditor/ Company Secretary regarding Associate
Based on the authenticated record o f the Com pany, this is to certify that m ore than 26% (tw enty six
per cent) o f the subscribed and paid up voting equity o f ................... (N am e o fth e Associate) is held,
directly or indirectly, b y ...................... (N am e o f Bidder/ Consortium M em ber). By virtue o f the
aforesaid share-holding, th e latterexercisescontrolovertheform er,w h o is an A ssociate in term s o f
Clause 2.3of the RFP.
A b rief description o f the said equity held, directly or indirectly, is given below:
{D escribe the share-holding o f the Bidder/ Consortium M em ber in the Associate}
Nam e and seal o f the audit firm
Note; In the absence o f any detail in the above Formats and client certifications, the inform ation
would b e considered inadequate and could lead to exclusion of the relevant project in
com putation o f T echnical and financial capability
47
APPENDIX - IV
FINANCIAL CAPABILITY OF THE BIDDER
(On the Letterhead of the Bidder/Lead Member)
(Refer to Clauses 3.3.3 o f the RFP)
Bidder type Sole Bidder/ Lead Member Member 1 Member 2
Turnover during the Financial Y ear (in Rs. Crore)
2013-14
2014-15
2015-16
2016-17
2017-18
Bidder type N etW orthason 3 iStM arch 20 i 8 Positive /Negative

(Rs.Crore)
Sole
Bidder
Lead M em ber
M em ber 1
M em ber 2
1. A Sole Bidder should fill in details as per the row titled Sole Bidder and ignore the row s titled
Consortium M em bers. In case of a Consortium , row titled Sole Bidder m ay be ignored.
2. The Bidder should provide the Financial Capacity based on its own financial statem ents.
3. M em berC odeshallindicateN AforN otApphcableincaseofaSole Bidder.ForotherM em bers, the

follow ing abbreviations aresuggested viz. LM m eans Lead M em ber, OM m eans O therM em ber.
4. For conversion o f US Dollars to Rupees, the rate o f conversion shall be exchange rate as on the
Bid Due Date as issued by Reserve Bank o f India. In case o f any other currency, the sam e shall
first b e converted to US Dollars as on the date 60 (sixty) days prior to the Bid Due Date, and the
am ount so derived in US Dollars shall be converted into Rupees at the aforesaid rate. The
conversion rate o f such currencies shall be the daily representative exchange rates published by
the International M onetary Fund for the relevant date
48
Instructions:
1. The Bidder shall provide a statutory Auditor’s Certificate specifying the net-w orth and
turnover o f the Bidder and also speciiying the m ethodology adopted for calculating such net-
worth and turnover. In addition to the Statutory A uditor Certificate, the Bidder shall provide
the Audited A nnual Report / Audited Financial Statem ent, as the case m ayb e, o f the Bidder (of
each m em ber in case o f a consortium ).
2. The Bidder/ its constituent Consortium M em bers shall attach copies o f the balance sheets,
financial statem ents and Annual Reports / Audited Financial Statem ent as the case m aybe. The
Audited Financial Statem ent/ Audited Annual Reportshall;
a. reflectthefinancial situation ofthe Bidder;
b. be audited by a Statutory Auditor;
c. be com plete, including all notes to the financial statem ents; and
d. Correspond to accounting periods already com pleted and audited (no statem ents
for partial periods shall be requested oraccepted).
3. N et W orth shall m ean
a. For com pany = (Subscribed and Paid-up Equity+ Reserves) - (Revaluation reserves
+ M iscellaneous expenditure not w ritten off) - (Reserves not available for distribution
to Equity Shareholders)-(Carried forw ard losses if any)
Paid up share capital w ill include

i. P a id - up equity share capital, and
ii. Fully, com pulsorily and m andatory convertible Preference Shares, and
iii. Fully, com pulsorily and m andatory convertible D ebentures
4. In the case o f a Consortium , a copy o f the Jt. Bidding A greem ent shall b e subm itted in
accordance w ith Clause 2.1.19 f (i) o f the RFP docum ent.
5. The Bidder shall also provide the nam e and address o f the Bankers o f the Bidder(s).
6. The Bidder shall provide a S tatutory A u d itor’s certificate in the format given in A PPEN D IX - V
for turnover and specifying the net-w orth calculated as per the form ula given in Instruction
3 above o f the bidder (of all m em bers in case ofConsortium ).
49
APPENDIX - V
F O R M A T F O R C E R T IF IC A T E F R O M S T A T U T O R Y A U D IT O R F O R F IN A N C IA L C R IT E R IA O F
T H E B ID D E R
(On the Letterhead o f the Statutory Auditor)
Date:
W e have verified the relevant statutory and other records o f M/s_____________

[Name of Sole bidder/Consortium M em ber], and certify that the net w orths is Rs (R upees,
Crores) as on M arch 31, 2018.
The Annual Turnover over the last five Financial Years of M/s_ . [Nam e o f the Sole bidder
/Consortium M em ber] is as follows -
Y ear Annual Turnover

(in Rs. Crores)
2013-14
2014-15
2015-16
2016-17
2017-18
1. N et W orth shall mean

a. For com pany = (Subscribed and Paid-up Equity+ Reserves) - (Revaluation reserves
+ M iscellaneous expenditure not w ritten off) - (Reserves not available for distribution
to Equity Shareholders)-(Carried forward losses if any)
Paid up share capital w ill include

i. P a id - u p equity share capital,and
ii. Fully, com pulsorily and m andatory convertible Preference Shares, and
iii. Fully, com pulsorily and m andatory convertible D ebentures
Signature and Seal:
Registration num ber o f Statutory Auditor;
50
APPENDIX - VI
STATEMENT OF LEGAL CAPACITY
(To be forw arded on the letterhead ofthe Bidder/ Lead M em ber o f Consortium ) Ref. D ate:
The Executive Engineer (Electrical),
Hubballi Dharwad M unicipal Corporation,
Sir Siddappa Kam bah Road, H u b b alh - 580 020
Dear Sir,
I/W e hereby confirm that w e/ our m em bers in the Consortium (constitution o f w hich has
been d escrib ed in th eB id )satisfyth eterm s and con d itio n slaid o u tin th eR F P docum ent.
W e have agreed t h a t .......................... (insert m em ber’s nam e) will act as the Lead M em ber of
our consortium . *
W e have agreed t h a t........................ (insert individual’s nam e) w ill act as our representative/
will act as the representative o fth e consortium o n its behalf* and has been duly authorized to
subm it the RFP. Further, the authorized signatory is vested w ith requisite pow ers tofu rn ish
such letter and authenticate the same.
Thanking you. Yours faithfully,
(Signature, nam e and designation)

For and b eh alf o f_________(nam e o f the com pany)
•^Please strike out w hichever is not applicable.
51
APPENDIX - VII
ANTI-COLLUSION CERTIFICATE
(On the Letterhead o f the Bidder)
W eh ereby certify and confirm that in the preparation and subm ission o f our Bid for the Selection of
Concessionaire for Implementation and Maintenance of LED Street Lights/Lighting
System and Centralized control and monitoring s y s t e m , w eh a v en o ta cted in co n certo rin
collu sion w ith an yoth erB id d eror other person(s) and also not done any act, deed or thing w hich is
or could be regarded as anti-com petitive.
W e further confirm that w e have not offered nor w ill offer any illegal gratification in cash or kind to
any person or agency in connection w ith the instant Bid.
Dated t h i s .............................Day o f ........................., (m onth/year)
(Nam e o f the Bidder)
(Signature o f the Authorised Person)
(N am e of the Authorised Person)
Note:
1. On the Letterhead o f the Bidder
To be executed b y all mem bers in case o f a Consortium
52
APPENDIX - VIII
FORMAT FOR AFFIDAVIT CERTIFYING THAT THE ENTITY/PROMOTER/S /

d ir e c t o r / s
OF ENTITY ARE NOT BLACKLISTED (On a Stamp Paper of value)
Anti-Blacklisting/Debarment Affidavit
I. M /s..................... (Sole Bidder / Lead M em ber/ O ther M em ber/s), (the nam es and addresses o f the
registered office) hereby certify and confirm that w e or any o f our prom oter/s / director/s are not
barred b y H ubbalh D harw ad Sm art C ity Lim ited/ H ubballi D harw ad C ity Corporation/ any other
en tity o f G overnm ent o f Karnataka or blacklisted by any state governm ent or central governm ent /
departm ent / agency in India from participating in Project/s, either individually or as m em ber o f a
Consortium as on the (Bid Due Date).
W efu rth e rc o n firm th a tw e area w areth ato u rB id fo rth eP ro je ctw o u ld b eH ab lefo rrejectio n in case any
m aterial m isrepresentation is m ade or discovered w ith regard to the requirem ents o f this RFP at any
stage o f the Bidding Process or thereafter during the agreem entperiod.
Dated t h i s .............................D ay o f ........................., 20....
N am e o f the Bidder:
Signature o f the Authorized person N am e o f the A uthorized Person
To be executed separately by all the M em bers in case o f Consortium

APPENDIX - IX
DECLARATION OF SHAREHOLDING PATTERN OF THE BIDDER
I/W e hereby Declare inform ation o f all the entities holding 15% or m ore shareholding in the
Bidder, directly/indirectly. The inform ation includes any com pulsorily convertible
Preference Shares and/or Debentures, a declaration of the likely shareholding after
conversion o f such instrum ents. The inform ation provided herein clearly indicates the foreign
shareholding and dom estic shareholding in the Bidder (Differentiate between Foreign
ShareholdingandD om esticShareholding);
(Inform ation on shareholding)
SI. , Name o f the Shareholder , , Percentage of Shareholding
1.
2.
3
Yours faithfully,
(Signature o f the Authorized

signatory)
Appendix- IX A
FO R M O F P A R E N T C O M P A N Y G U A R A N T E E
(on NON JUDICIAL PAPER o f Al'PROPRITE VALUE)
THIS DEED O F GU ARANTEE is m ade on the day of

Between {Name o f parent Company}whose registered office is situated at called the "Guarantor" of one part and
{name and address o f Child Company and address) (hereinafter called the "Beneficiary" which expression shall
include its successors and assigns) of the other part
W HEREAS the Beneficiary has applied for the BID for the Tender N o ._________dated, (hereinafter called
the "RFP") for the project {Enter the name of the project) floated by
____________ Sm art City Lim ited for providing services (hereinafter called the "services") and
W HERAS the Guarantor has agreed to guarantee the due performance and to use the credentials of its company
which is parent company o f {enter the name o f the child company) for applying for the said Tender for providing
the services, for applying forthe Contract and if Contract is awarded to {name of the Child Company) in the manner
hereinafter appearing
N O W IN C O N SID E R A T IO N O F T H E P R O JE C T O F W H IC H T H E G U A R A N T O R H E R E B Y
A C K N O W L E D G E S) T H E G U A R A N T O R H E R E B Y C O V E N A N T S W IT H T H E B E N E F IC IA R Y as
follows
1. The Guarantor will in all respects guarantee the due and proper performance of the Contract and the
due observance and punctual performance of all obligations, duties, undertakings, covenants and
conditions by or on the part of the Hubballi Dharwad Sm art City
Limited contained therein and to be observed and perform ed by it, which guarantee shall extend to
include any variation or addition to the Contract.
2. In the event of the {name of the child company) failing to can y out, observe or perform all any of the said
obligations, duties undertakings, covenants and conditions under the Contract (unless reliev^ from the
performance of any part of the Contract by statute or by the decision of a court or tribunal o f competent
jurisdiction) the Guarantor will be liable for and shall indem nity the Beneficiary against all losses,
damages, costs and expenses, whatsoever which the Beneficiary m ay cur by reason or in consequence
of any such failure to carry out observe
3. T h e G u aran tor shall not b e d isch arged or relea sed from th is G u aran tee b y th e occurrence of
any one or more o f the following:-
3.1 Any alteration to the nature o f extent of the services or otherwise to the terms o f the contract;
4. This Guarantee is a continuing guarantee and accordingly shall remain in operation until all
obligations, duties, undertakings, covenants, conditions and warranties now or hereafter to be carried out
or performed by the {Name of the Child Company) under the Contract or any extension thereto.
5 - So long as any sums are payable (contingently or otherwise) by the Hubballi Dhamad Sm art
City Limited to the Benefidaiy under the temis of the Contract then the Guarantor shall not exercise any
right of set off or counterclaim against the Hubballi Dharwad Sm art City
Limited or any other person or prove in competition with the Benefidaiy in respect of any payment by
the Guarantor hereunder.
6 . The Guai-antor will not, without prior written consent of the Benefidaiy hold any security fixDmthe Hubballi
Dharwad Smart City Limited or any other person in respect of the Guarantor's liability hereunder or in
respect of any liabilities or other obligations of the Hubballi Dharwad Smart City Limited to the
Guarantor.
7 . This Guarantee is in addition to and not in substitution for any present and future guarantee lien or
other security held by the Beneficiaiy.
IN W ITNESS TH EREO F the Guarantor has executed this Deed of Guarantee the day and year first before
written.
1
2
3
( } { }
CHAIRMAN OF THE BOARD OF THE DIRECTOR MD o r A u th o riz e d S ig n a to ry
P a r e n t C o m p an y Child C om p an y
N o ta ry S eal a n d re g is tr a tio n N u m b e r
A PPEN D IX - X
NO DEVIATION CERTIFICATE
(O n th e L e tte r h e a d o f the B id d e r)
To,
M a n a g in g D irector,
H u b b alli D h a rw a d S m a rt C ity L im ited
IT P ark , 4 th F loor, B B lo ck , O p p o site In d ira G lass H ou se,

H u b b a lli- 580 020
D ear Sir,
Sub: B id fo r th e Selection o f C on cession aire for Im plem entation and M aintenance o f

LED S treet Lights/Lighting System and C entralized co n tro l and m onitorin g
system .
We,_ ^(Bidder’s n a m e), co n firm o u r a ccep ta n ce to all term s a n d c o n d itio n s

m e n tio n e d in th e R F P d o cu m en t, and all s u b se q u e n t cla rific a tio n s, in to ta lity an d w ith d r a w all
d ev ia tio n s raised b y us, i f any.
Y o u rs fa ith fu lly,
D ate: (S ig n a tu re o f th e A u th o ris e d sig n a to ry)
P lace: (N am e an d d e sig n a tio n o f th e o f th e A u th o ris e d

sig n a to ry)
N a m e and sea l o f B id d er
APPENDIX - X I
IN T E G R IT Y P A C T
B etw een H u b b alli D h a rw a d S m art C ity L im ited h erein after referred to as "H D S C L " and H u b b alli
D h arw ad M u n icip al corp oratio n
and
h a vin g its R egistered O ffice at

IT P ark, 41*' F loor, B B lock, O p p o site In d ira G lass H ou se, H u b b a lli- 580 020
H e re in a fter referred to as
"T h e B id d er" P rea m b le
T h e S m a rt C ity P ro p o sa l (SC P ) fo r H u b b alli D h arw ad en visio n s im p lem e n tin g a n u m b er o f p ro jects
d ivid ed into A re a B ased D ev elo p m e n t (v\ED) p rojects and P an C ity co m p o n en ts, in clu d in g
im p lem e n ta tio n o f e n e rg y efficien t sch em e fo r L E D S tre e tL ig h ts.
A s p a rt o f th is in itia tiv e, th e Hubballi D harw ad S m art C ity L im ited (H D S C L ), h e r e b y in v ites in vites

p ro p o sa l fro m rep u ted b id d e rs fo r im p lem en ta tio n o f E n erg y E ffic ie n c y in stree t lig h tin g system b y
rep la ce m en t o f ex istin g co n v en tio n a l stree t ligh ts w ith e n erg y e fficien t L E D stre e t lig h ts and in stallin g
C en tra lized co n tro l & M o n ito rin g system , w ith im p lem e n ta tio n p eriod o f 6 m o n th s ( e x te n d a b le b y 2
M o n th s w ith L iq u id ated D am ag es) a lo n g w ith O p era tio n and M a in ten a n ce p e rio d o f 7 y e a rs for
retro fitte d L E D ligh ts and ex istin g L E D ligh ts (h erein after referre d to in d iv id u a lly as th e “ P ro je c t”),
u n d er re le v a n t la w s and regu la tio n s, an d th e p rin cip les o f eco n o m ica l u se o f reso u rces, and o f fa irn ess
and tra n sp a re n cy in its relatio n s w ith its B id d ers. In o rd er to ach ieve th e se g o als, HD SCL and th e above
n am ed B id d e r en ter into th is a greem e n t called 'Integrity P act' w h ich w ill fo rm a p a rt o f th e bid .
It is h e re b y a greed b y and b etw e en th e p a rties as under:
S ectio n I - C o m m itm en ts o f H D SC L;
(1) H D S C L c o m m its its e lfto ta k e all m ea su res n ecessa ry to p rev en t co rru p tio n an d to o b serve th e
fo llo w in g p rinciples:
a. N o em p lo ye e o f HDSCL, p e rso n a lly o r th ro u g h fa m ily m em b ers, w ill in c o n n ectio n w ith
th e b id , o r th e ex ecu tio n o f th e con tract, d em a n d , ta k e a p ro m ise fo r or a ccep t, fo r
h im / h e rse lf o r th ird p erso n , an y m a terial o r oth er b e n e fit w h ich h e/ sh e is n o t leg a lly
en titled to .
b. H D S C L , d u rin g th e b id d in g p ro cess trea t all B id d er(s) w ith eq u ity an d fa irn ess. HDSCL
v n llin p a rticu la r, b efo re and d u rin g th e b id p rocess, p ro v id e to all B id d er(s) th e sa m e
in fo rm a tio n an d w ill n ot p ro v id e to any B id d er(s) co n fid e n tia l / a d d itio n a l in fo rm a tio n
th ro u g h w h ic h th e B id d er(s) cou ld o b ta in an a d va n ta ge in relatio n to th e te n d e r
p ro cess o r th e c o n tra ct ex ecu tio n
c. H D S C L w ill ex clu d e fro m evalu a tio n o f B id s its su ch e m p lo ye e(s) w h o h a s an y
p e rso n n el in te re st in th e C o m p a n ies /A g en cies p a rticip a tin g in th e B id d in g p ro cess
(2) I f M a n a g in g D irector, H D S C L ob tain s in fo rm a tio n on th e c o n d u ct o f a n y E m p lo y ee o f H D SC L,

which is a crim in a l o ffe n ce u n d e r th e releva n t A n ti-C o rru p tio n L aw s o f In d ia, o r i f th e re b e a
su b sta n tiv e su sp icio n in th is regard , h e w ill in fo rm its C h ie f V ig ila n ce O fficer a n d in a d d itio n
can in itiate d iscip h n a ry a ctio n s u n d e r its R ules.
S ectio n II - C o m m itm en ts o f th e B idder:
(1) T h e B id d e r co m m its h im s e lf to ta k e all m ea su res n e c e ssa ry to p re v e n t co rru p tio n . H e com m its

h im s e lf to o b serve th e follow dng p rin cip les d u rin g h is p a rticip a tio n in th e te n d e r p ro cess and
d u rin g th e co n tra ct ex ecu tio n :
a. T h e B id d e r w ill n ot, d ire ctly o r th ro u g h a n y o th e r p erso n or firm , o ffe r, p ro m ise o r g iv e to
H D S C L , o r to a n y o f H D SCL"s e m p lo ye es in v o lv e d in th e b id p ro cess o r th e e x ec u tio n o f
th e co n tra ct o r to a n y th ird p e rso n a n y m a teria l o r o th er b e n e fit w h ich h e / sh e is n ot
le g a lly en titled to , in o rd er to o b ta in in ex ch a n g e an a d va n ta g e d u rin g th e te n d e r p ro c e ss
o rth e ex ecu tio n o f th e con tract.
b. T h e B id d e r w ill n o t en ter in to a n y ille g a l a g reem e n t or u n d e rsta n d in g , w h e th e r fo rm a l or
in fo rm a l vn th o th er B id d ers. T h is a p p h es in p a rticu la r to p rices, sp ecifica tio n s,
c ertifica tio n s, su b sid ia ry co n tra cts, su b m issio n o r n o n -su b m issio n o f b id s o r a ctio n s
to restrict co m p e titiv e n e ss o r to in tro d u ce carteliza tio n in th e b id d in g p rocess.
C. T h e B id d e r w ill n o t co m m it a n y crim in a l o ffe n ce u n d e r th e re le v a n t A n ti- C o rru p tio n
L aw s o f In d ia; fu rth er, th e B id d e r w ill n ot u se fo r ille g itim a te p u rp o ses or fo r p u rp o se s
o f restrictiv e co m p e titio n or p e rso n a l gain , o r p ass on to o th ers, a n y in fo rm a tio n
p ro v id e d b y H DSCL as p a rt o f th e b u sin e ss rela tio n sh ip , re g a rd in g p la n s, te ch n ica l
p ro p o sa ls and b u sin e ss d eta ils, in c lu d in g in fo rm a tio n c o n ta in ed o r tra n sm itte d
e lectro n ica lly .
d. T h e B id d er o f fo reig n o rig in sh a ll d isclo se th e n am e an d a d d ress o f th e A g e n ts /
rep rese n ta tiv es in In d ia, i f an y, in v o lv e d d ire ctly o r in d ire c tly in th e B id d in g .
S im ila rly , th e B id d e r o f In d ia n N a tio n a lity sh a ll fu rn ish th e n a m e an d a d d ress o f th e
fo r e ig n p r in c ip a ls ,if an y, in v o lv e d d ire c tly o r in d ire c tly in th e B id d in g.
e. T h e B id d er w ill, w h e n p re se n tin g his b id , d isclo se a n y an d all p a y m e n ts h e h a s m a d e , or
co m m itted to o r in ten d s to m a k e to a gen ts, b ro k e rs o r a n y o th e r in te rm e d ia rie s in
c o n n ectio n w ith th e aw ard o f th e c o n tra c t a n d /o r w ith th e ex e c u tio n o f th e co n tra ct.
f. The B id d er w ill n ot m isrep rese n t facts o r fu rn ish false/ fo rg e d d o cu m en ts/
in fo rm a tio n in o rd e r to in flu e n c e th e b id d in g p ro c ess o r th e e x e c u tio n o f th e c o n tra c t to
th e d etrim en t o f H D S C L .
(2) T h e B id d e r w ill n ot in stig a te th ird p e rso n s to c o m m it o ffe n ces o u tlin ed a b o v e or b e an a cc e ss o ry

to su ch o ffe n ces.
S ectio n III- D isq u a lifica tio n fro m te n d e r p ro c ess an d ex clu sio n fro m fu tu re C o n tra cts
(1) If th e B id d er, b efo re c o n tra ct aw ard , h a s c o m m itted a serio u s tra n sg re ssio n th ro u g h a

v io la tio n o f S ectio n II o r in a n y o th e r fo r m su ch as to p u t h is re lia b ility o r cre d ib ility as B id d e r
in to q u estio n , H D SC L m a y d isq u a lify th e B id d e r fro m th e b id d in g p ro cess o r te rm in a te th e
co n tra ct, i f a lrea d y sig n ed , fo r su ch reason .
(2 ) I f th e B id d e r h as c o m m itted a serio u s tra n sg re s sio n th ro u g h a v io la tio n o f S ectio n II su c h as to

p u t h is r e lia b ility o r c re d ib ility in to q u estio n , HDSCL m a y after fo llo w in g d u e p ro c e d u re s also
ex clu d e th e B id d e r fro m fu tu re c o n tra c t a w a rd p ro cesse s. T h e im p o sitio n a n d d u ra tio n o f th e
e x clu sio n w illb e d e te r m in e d b y th e s e v e r ity o fth e tr a n s g r e s s io n .T h e s e v e r ity w illb e d e te r m in e d
b y th e c irc u m sta n c e s o f th e case, in p a rticu la r th e n u m b e r o f tra n sg ressio n s, th e p o sitio n o f th e
tra n sg resso rs w ith in th e c o m p a n y h ie ra rc h y o f th e B id d e r and th e a m o u n t o f th e d a m a g e. T h e
e x clu sio n w ill b e im p o se d fo r a m in im u m o f 12 m o n th s an d m a x im u m o f s y e a rs .
(3) If th e B id d e r can p ro v e th a t h e h a s re sto re d / re c o u p e d th e d a m a g e c a u se d b y h im an d h as

in sta lled a su ita b le c o rru p tio n p re v e n tio n sy s te m , H D S C L m a y re v o k e th e e x c lu s io n p re m a tu re ly .
S ectio n IV - L ia b ility for vio la tio n o f In teg rity Pact
(1) If H D SC L h as d isq u a lified th e B id d er from th e bid p ro c ess p rio r to th e a w ard under Section III,
H D SC L m a y fo rfeit the E M D u n d er th eB id .
(2 ) If H D SC L h as te rm in a te d th e co n tra ct u n d er S ection III, H D SC L m a y fo rfeit th e P erfo rm a n ce
S ecu rity o f th is c o n tra ct b esid es reso rtin g to oth er rem ed ies u n d e r th e con tract.
S ectio n V - P rev io u s T ran sg ressio n
(1) T h e B id d e r s h a lld e c la r e in h is B id th a tn o p r e v io u s tr a n s g r e s s io n s o c c u r r e d in th e la s ts y e a r s w ith

a n y o th e r P u b lic S ecto r U n d e rtak in g or G o v ern m en t D ep a rtm en t th a t co u ld ju s tify h is exclu sion
from th e b id p rocess.
(2) If th e B id d er m akes in co rre ct sta tem en t on th is su b ject, h e can b e d isq u a lified fro m th e b id
p ro cess or th e con tract, i f a lrea d y aw ard ed , can b e te rm in a te d fo r su ch rea so n .
S ectio n V I - E q u a l trea tm en t to all B id d ers
(1) H D S C L w ill en ter in to agreem en ts w ith id en tica l c o n d itio n s as th is o n e w ith all B id d ers.
(2) H D S C L w ill d isq u a lify fro m th e b id p ro cess a n y b id d e r w h o d oes n ot sig n th is P act o r v io la te its
p rovision s.
S ection V II - P u n itiv e A c tio n a ga in st vio la tin g B id d ers / C o n tra cto rs
I f H D S C L o b ta in s k n o w le d g e o fc o n d u c to fa B id d e ro ra C o n tra c to ro rh is s u b c o n tra c to r o ro fa n e m p lo y e e
o r a rep rese n ta tiv e or an asso ciate o f a B id d er or C o n tra cto r o r h is S u b co n tra cto r w h ic h co n stitu te s
co rru p tio n ,
o r if H D S C L h as su b sta n tiv e su sp icio n in th is regard, H D SCL w ill in fo rm th e C h ie f V ig ila n ce O fficer
(C V O ) / C o m p e ten t au th ority.
S ectio n V III - P act D u ration
T h is P act b eg in s w h e n b o th p a rties h a ve le g a lly sig n ed it. It exp ires fo r th e C o n ce ssio n a ire after th e
c lo su re o f th e A g re e m e n t a n d fo r all oth er B id d er's six m on th a fter th e c o n tra ct h a s b e e n aw ard ed .
S ectio n IX - O th e r P rovision s
(1) T h is P act is su b ject to In d ian Law . P la ce o f p e rfo rm a n ce an d ju ris d ic tio n is th e e sta b lish m e n t o f
H D S C L . T h e A rb itra tio n clau se p ro v id e d in th e m ain b id d o cu m en t / co n tra ct sh all n o t b e
a p p lic a b le fo ra n y issu e / d isp u te arisin g u n d er In teg rity Pact.
(2 ) C h an g es an d su p p lem en ts as w ell as te rm in a tio n n o tices n eed to be m a d e in w ritin g .
(3) V ie w s ex p ressed o r su g gestio n s/su b m issio n s m ad e b y th e p a rties and th e re c o m m e n d a tio n s o f

th e c o m p e ten t a u th o rity /C V O in resp ect o f th e v io la tio n o f th is p act, sh a ll n ot b e relied on or
in tro d u ced as ev id en ce in th e arb itral or ju d icia l p ro cee d in g s (a risin g o u t o f th e arb itra l
p ro c e e d in g s)b y th e p a rties in co n n ectio n w ith th e d isp u tes/d ifferen ce s a risin g o u t o fth e su b ject
con tract.
(4 ) S h o u ld on e or sev eral p ro v isio n s o f th is p a ct tu rn ou t to b e invaU d, th e re m a in d e r o f th is p a ct

rem ain s v a lid . In th is case, th e p arties w ill strive to com e to an a g reem e n t to th e ir o rig in a l
in ten tion s.
Al’ PENDIX - XII
PO W ER OF ATTORNEY FOR SIGNING OF BID
(To b e execu ted on S tam p p a p e r o f a p p ro p ria te valu e)
K n o w all m en b y th e se p rese n ts, W e ,_ _(name o f th e firm an d a d d ress o f

th e reg istered office) do h ereb y irrev o ca b ly co n stitu te, n o m in a te, a p p o in t and a u th o rize M r. / M s.
(N am e),
so n /d a u g h te r/ w ife of _________________________ and p re se n tly resid in g
at
_________________________ , w h o is [p resen tly em p lo yed w ith us / th e L ead M e m b e r o f ou r C o n so rtiu m
an d h o ld in g th e p o sitio n o f_ _________________ ], as o u r tru e an d law fu l a tto rn e y (h erein after
referre d to as th e “A tto rn e y ”) to do in ou r n am e and on o u r b eh a lf, all su ch acts, d ee d s an d th in gs as are
n e c e ssa ry o r req u ired in co n n ectio n w ith or in cid en ta l to su b m issio n o f o u r B id fo r th e Selection of
C oncessionaire fo r Im plem entation and M aintenance o f LED S treet Lights/Lighting
System and Centralized con trol and m onitoring system , p ro p o se d b y H D SC L (th e “T IA ”)
in clu d in g b u t n ot lim ited to sig n in g and su b m issio n o f all a p p licatio n s. B id s a n d o th e r d o cu m en ts and
w ritin g s, p a rticip a te in B id d ers' and o th er co n feren ces an d p ro v id in g in fo rm a tio n / re s p o n s e s to th e T IA ,
re p re se n tin g us in all m atters b efo re th e T IA , sig n in g and ex ecu tio n o f all co n tra cts in clu d in g the
A g re e m e n t and u n d e rta k in g s co n seq u e n t to a ccep ta n ce o f o u r B id, and g e n e ra lly d e a lin g w ith th e T IA in
all m a tters in co n n ectio n w ith o r relatin g to or arisin g ou t o f o u r B id fo r th e sa id P ro je c t a n d /o r upon
a w a r d th e r e o fto u s a n d / o r tillth e e n te r in g in to th e D r a ft A g re em en t w ith H D S C L .
A N D w e h e re b y agree to ra tify and con firm and do h e re b y ratify and co n firm all acts, d eed s an d th in g s
la w fu lly d on e o r cau sed to b e d on e b y o u r said A tto rn e y p u rsu a n t to and in e x e rc ise o f th e p o w ers
co n fe rred b y th is P o w er o f A tto rn e y an d th a t all acts, d eeds a n d th in g s d o n e b y o u r sa id A tto rn e y in
ex ercise o fth e p o w ers h e re b y co n ferred sh all an d sh all alw ays b e d ee m ed to h a v e b e e n d o n e b y us.
IN W IT N E S S W H E R E O F W E ,_______________________ , T H E A B O V E N A M E D P R IN C IP A L
H A V E E X E C U T E D T H I S P O W E R O F A T T O R N E Y O N T H IS ___D A Y O F 20’
For___________________
(S ign atu re)
(N am e, T itle a n d A d d ress)
W itn esse s: i
2
A c c e p te d [N otarized ]
(S ign atu re)
(N am e, T itle a n d A d d ress o f th e A tto rn ey)

N o tes:
T h e m o d e o f ex ecu tio n o f the P o w e r o f A tto r n e y sh o u ld be in a cc o r d a n ce w ith th e p r o c e d u r e , i f

a ny , la id d o w n by th e a p p lica b le la w a n d the c h a r ter d o c u m e n ts o f the ex ec u ta n t(s) a n d w h en it
is so req u ired , the sa m e s h o u ld be u n d e r co m m o n s e a l a ffix e d in a cc o r d a n ce w ith th e r e q u ir ed
p ro c ed u r e .
A ls o , w h e r e v e r req u ired , th e B id d e r sh o u ld su b m it f o r v erifica tio n th e e x tr a ct o f the ch a rter

d o cu m e n ts a n d d o c u m e n ts su ch as a r e so lu tio n / p o w e r o f a tto r n ey in f a v o r o f th e p e r so n
ex ecu tin g th is P o w e r o f A tto r n e y f o r the d eleg a tio n o f p o w e r h e r e u n d e r on b e h a lf o f the B id d er.
APPENDIX - X III
PO W ER OF ATTORNEY FOR LEAD M EM BER OF CONSORTIUM
(To b e execu ted on S tam p p a p e r o f a p p ro p ria te valu e)
W h e re a s th e H u b b alli D h a rw a d S m art C ity L im ited (H D S C L ) (“th e T e n d e r In vitin g A u th o rity (T IA )”)

h a s in vited B id s fro m q u alified p arties fo r th e “Selection o f C oncessionaire fo r Im plem entation
and M aintenance of LED S treet Lights/Lighting System and Centralized co n tro l and
m onitoring system ”.
W h e re a s,_____________ , and ______________ (co lle ctively th e “ C o n so rtiu m ”) b ein g M e m b e rs o f

th e C o n so rtiu m are in tereste d in b id d in g fo r th e P roject in acco rd an ce w ith th e te rm s and c o n d itio n s o f
th e R eq u est fo r P rop osal and o th er co n n ected d o cu m en ts in resp e ct o f th e P roject, an d W h e rea s, it is
n e c e ssa ry fo r th e M em b ers o f th e C o n so rtiu m to d esig n a te on e o f th e m as th e L ea d M e m b e r w ith all
n e c e ssa ry p o w er and a u th o rity to do fo r and o n b e h a lf o fth e C on sortiu m , all acts, d eed s an d th in gs as m a y
b e n ec essa ry in co n n ectio n w ith th e C o n so rtiu m ’s Bid fo r th e P ro ject an d its execu tio n .
N O W TH E R E FO R E KN O W A LL M EN BY TH E SE PRESENTS
W e ,______________ h a v in g o u r reg istered office at______________ , an d M/s._

h a v in g o u r registered office at______, [the resp e ctive n am es an d ad d resses o f th e reg istered office]
(h erein after co lle ctiv ely referre d to as th e “ P rin cip a ls”) do h e re b y irre v o c a b ly d esig n a te, n om in ate,
co n stitu te , a p p o in t and a u th o rise M /s_________________________ , h a v in g its reg istered office at
_________________ , b ein g on e o f th e M e m b e rs o f th e C o n so rtiu m , as th e L ea d M e m b e r an d tru e and
la w fu l a tto rn e y o f th e C o n so rtiu m (h erein after referred to as th e “A tto rn e y ”) and h e re b y irrev o ca b ly
a u th o rise th e A tto rn e y (w ith p o w er to su b -d elega te) to co n d u ct all b u sin e ss fo r and on b e h a lf o f the
C o n so rtiu m a n d an y on e o f u s d u rin g th e B id d in g P rocess and, in th e ev en t th e C o n so rtiu m is a w ard ed
th e R igh t, d u rin g th e ex ecu tio n o f th e P roject, a n d in th is re g a rd ,to d o o n o u r b e h a lfa n d o n b e h a lfo fth e
C o n so rtiu m , all or a n y o f su ch acts, d eeds o r th in g s as are n e c e ssa ry o r req u ired or in cid en ta l to th e
su b m issio n o f its B id fo r th e P roject, in clu d in g b u t n o t lim ited to sig n in g an d su b m issio n o f all
a p p h ca tio n s. B id s and o th er d o cu m en ts an d w ritin g s, p a rticip a te in B id d e rs" an d o th er con feren ces,
resp o n d to q u eries, su b m it in fo rm ation / d ocu m en ts, sign an d execu te co n tra cts an d u n d e rtak in g s
c o n se q u e n t to a ccep ta n ce o f th e B id o f th e C o n so rtiu m and g e n e ra lly to rep rese n t th e C o n so rtiu m in
all its d ea lin g s w ith th e A u th o rity an d /or th e T IA , an d / or a n y oth er G o v ern m en t A g e n cy o r any
p e rso n , in a ll m atters in co n n ectio n w ith o r relatin g to o r arisin g o u t o f th e C o n s o rtiu m ’s B id fo r the
P roject an d / o r u p o n aw ard th e re o f till th e A g re em en t is en tered into w ith th e A u th o rity.
A n d h e re b y agree to ratify an d con firm and do h e re b y ra tify and co n firm all acts, d eed s an d th in g s la w fu lly
d o n e o r c a u se d to b e d on e b y o u r said A tto rn e y p u rsu a n t to and in ex ercise o fth e p o w ers co n fe rred b y th is
P o w e r o f A tto r n e y and th a t all acts, d eed s and th in g s d o n e b y o u r said A tto rn e y in e x e rc ise o f th e p o w ers
h e re b y co n ferred shall and sh all a lw ays b e d eem ed to h ave b e e n d on e b y u s/ C on sortiu m .
IN W IT N E S S W H E R E O F W E T H E P R IN C IP A L S A B O V E N A M E D H A V E E X E C U T E D T H IS P O W E R O F
A T T O R N E Y O N T H IS ______________ D A Y O F ___ 20 **.
F or_____________ (N am e & T itle)

F or_____________ (N am e & T itle)
F or_____________ (N am e & T itle)
W itn esses:
1
(E xecu tan ts)

(T o b e ex ecu ted b y all th e M e m b e rs o f th e C o n so rtiu m )
N o tes:
T he m o d e o f ex ecu tio n o f the P o w e r o f A tto r n e y sh o u ld be in a cc o r d a n ce w ith th e p ro c e d u r e , i f

a n y ,la id d o w n b y the a p p lic a b le la w a n d th e c h a r ter d o c u m e n ts o f th e e x e c u ta n t( s ) a n d w h e n it
is so req u ired , th e sa m e s h o u ld be u n d e r co m m o n s e a l a ffix e d in a cc o r d a n ce w ith th e r e q u ir ed
p ro c ed u r e .
• A ls o , w h er ev e r req u ired , th e B id d e r s h o u ld s u b m it f o r v e rifica tio n the e x tr a c t o f the c h a r ter

d o cu m en ts a n d d o cu m e n ts su ch as a r e so lu tio n / p o w e r o f a tto rn ey in f a v o u r o f the p er so n
ex ecu tin g th is P o w e r o f A tto r n e y f o r the d e le g a tio n o fp o w e r h e r e u n d e r o n b e h a lfo fth e B id d e r .
APPENDIX - XIV
JOINT BIDDING AGREEMENT

(T o b e e x e c u te d o n Stam p p a p e r o f a p p ro p ria te valu e)
(R efer C la u s e 2 .i.i8 f (i))
T H IS J O IN T B ID D IN G A G R E E M E N T is en tered into on th is t h e ............. d a y o f .......................... 20...
AMONGST
1. { ............. } h avin g its reg istered office a t ..............(h erein a fter referred to as th e “F irst P a rt”
w h ich ex p ressio n sh all, u n le ss rep u g n a n t to th e co n tex t in clu d e its su cce sso rs an d p e rm itted
a ssign s)
AND
2. { ............. } h a v in g its reg istered office a t ..............(h erein a fter referre d to as th e “S eco n d P a r t”
w h ich ex p ressio n sh all, u n less rep u g n a n t to th e co n tex t in clu d e its su cce sso rs an d p erm itted
assign s)}^
AND
3. { ............. } h a vin g its reg istered office a t ..............(h erein after referred to as th e “T h ird P art” w h ich
exp ression shall, un less rep u g n a n t to th e con text in clu d e its su ccessors an d perm itted
assign s)}^
4. T h e above m en tion ed p a rties o f th e F I R S T , S E C O N D a n d T h ird P A R T are co lle ctively referred

to as th e “P arties” an d each is in d iv id u a lly referred to as a “P a rty ”
W H EREAS,
A. H u b b alh D h arw ad S m art C ity L im ited (H D S C L ), estab lish ed u n d er th e S m art C ity M issio n ,
rep resen ted b y its M a n ag in g D irector and h a vin g its p rin cip a l offices at IT P ark, 4*'’ F loor, F
Block, O pp osite In d ira G lass H ouse, H u b b a lh - 580 020 (h erein after referred to as “th e
T en d er In vitin g A u th o rity (TIA ) ” w h ich exp ression shall, u n less rep u g n a n t to th e co n tex t o r
m ean in g th ereof, in clu d e its ad m in istrators, su ccesso rs and assign s) h as in vited B id s (the
“ B id s”) b y its R equ est for P r o p o s a l............. d a te d ............... (th e “R F P ”) fo r sele ctio n o f b id d e rs
f o r ....................” (th e “ P ro je c t”).
B. T h e P arties are in terested in jo in tly b id d in g fo r th e P ro ject(s) as m em b ers o f a C o n so rtiu m and in

a cco rd an ce w ith th e term s and co n d itio n s o f th e R F P d o cu m en t and o th er d o cu m en ts in resp e ct
o fth e P roject.
C. It is a n ecessa ry co n d itio n u n d e r th e R FP d o cu m en t th a t th e m em b ers o f th e C o n so rtiu m shall

e n terin to a J o in t B id d in g A g re e m e n t an d fu rn ish a co p y th e re o f w ith th e Bid.
N O W IT IS H E R E B Y A G R E E D as follow s:
1. Definitions and In terp retatio n s
In th is agreem en t, th e c a p italized term s sh all, u n le ss th e co n tex t o th e rw ise req u ires.

h a ve th e m e a n in g a scrib ed th e re to u n d e r th e R FP.
T h e n u m b er o f P arties w ill b e sh o w n h ere, as a p p h ca b le , su b jec t h o w e v e r to a

m a x im u m o f 3 (three).
2. C onsortium
T h e P arties do h e re b y irre v o c a b ly co n s titu te a c o n s o rtiu m (the “ C o n so rtiu m ”) fo r th e

p u rp o ses o f jo in tly p a rticip a tin g in th e B id d in g P ro cess fo r th e P roject.
T h e P arties h e re b y u n d e rta k e to p a rticip a te in th e B id d in g P ro cess o n ly th ro u g h th is

C o n so rtiu m and not in d iv id u a lly an d / o r th ro u g h a n y o th er co n so rtiu m co n stitu te d
fo r th is P roject, e ith e r d ire c tly o r in d irectly.
3. Covenants
[T h e L ead m e m b e r o f th e co n so rtiu m sh a ll en ter in to an A g re e m e n t w ith th e

A u th o rity an d fo r p e rfo rm in g all its o b lig a tio n s as th e C o n ce ssio n a ire in te rm s o f the
A g re e m e n t fo r th e P roject.]
T h e O th e r M e m b e rs o f th e C o n so rtiu m v i z . ______________ sh all n ot h a v e a n y

fin a n cia l c la im on th e T IA / A u th o rity , T h e L ea d M e m b e r sh a ll b e th e sin gle p o in t o f
con tact, on b e h a lf o f th e C o n so rtiu m w ith th e T IA / A u th o rity fo r all m a tters p e rta in in g
to th e P roject.]
4. Roles and R esponsibilities o f th e P arties
T h e P arties h e re b y u n d e rta k e to p e rfo rm th e ro les an d resp o n sib ilitie s as d escrib ed

below :
a) P a rty o f th e F irst P art sh all b e th e L ea d m e m b e r o f th e C o n so rtiu m an d sh a ll h a ve

th e p o w e r o fa tto r n e y fr o m a llP a r tie s fo rc o n d u c tin g a llb u s in e s s fo ra n d o n b e h a lfo f
th e C o n so rtiu m d u rin g th e B id d in g P ro cess an d u n til th e F in a n cia l C lose is m et
u n d e r th e A g re em en t;
b) { P a r ty o fth e S e c o n d P a r ts h a llb e M e m b e r i } i
c) { P a r ty o fth e T h ir d P art s h a llb e M e m b e r 2}:
5. Jo in t and Several Liability
T h e P arties do h e re b y u n d e rta k e to b e jo in t ly an d se v e ra lly re sp o n sib le fo r all

ob lig a tio n s a n d lia b ilitie s rela tin g to th e P ro ject a n d in a cc o rd a n ce w ith th e term s o f
th e R F P d ocu m en t.
6. Deleted.
7. Deleted.
8. R ep resen tatio n o f the P arties

Each Party represents to the other Parties as o f the date of this agreem ent that;
a. SuchParty is dulyorganised, vahdly existingand ingood standing u nderthelaw s o f its

inco rporationandhas all requisitepow eran dauthoritytoen terin tothis agreem ent;
b. The execution, delivery and perform ance b y such Party of this agreem ent has been
authorised by all necessary and appropriate action and a copy o f the extract of the
charter docum ents and board resolution/ power o f attorney in favour o f the person
executing this agreem ent for the delegation o f power and authority to execute this
agreem ent on behalf o f the Consortium M em ber is annexed to this agreem ent, and
will not, to the best o f its knowledge:
i. require any consent or approval not already obtained;
ii. violate any Applicable Law presently in effect and having applicability to it;
ill. violate the m em orandum and articles o f association, by-law s or other applicable
organizational docum ents thereof;
iv. violate any clearance, perm it, concession, grant, hcense or other governm ental
authorisation, approval, judgm ent, order or decree or any m ortgage agreem ent,
indenture or any other instrum ent to which such Party is a party or b y which such
Party or any o f its properties or assets are bound or that is otherwise applicable to
such Party; or
V. create or im pose any liens, m ortgages, pledges, claim s, security interests, charges
or Encum brances or obligations to create a lien, charge, pledge, security
interest, encum brances or m ortgage in or on the property o f such Party, except
for encum brances that w ould not, individually or in the aggregate, have a
m aterial adverse effect on thefm ancial condition or prospects or business of such
Party so as to prevent such Party from fulfilling its obligations under this
agreem ent;
c. This agreem ent is the legal and binding obligation o f such Party, enforceable in
accordance with its term s against it; and
d. There is no litigation pending or, to the best o f such Party's knowledge, threatened to
which it is a party that presently affects or which w ould have a m aterial adverse effect
on the financial condition or prospects or business o f such P arty in the fulfilm ent o f
its obhgations under this agreem ent.
9. Term ination
This Agreem ent shall be effective from the date hereof and shall continue in full force
and effect until the expiry/term ination o f the Agreem ent, in case the Project is
awarded to the Consortium . H owever, in case the Consortium is either not pre-
quahfied for the Project or does not get selected for award o f the Project, the
Agreem ent will stand term inated in casethe Bidder is not pre-qualified or upon return
o f the Bid Security b y the T IA to the Bidder, as the case m ay be.
10 . M iscellaneous
t)
This Joint Bidding A greem ent shall be governed b y law s o f India.
The Parties acknow ledge and accept that this agreem ent shall not be am ended by the
Parties without the prior w ritten consent o f the TIA.
IN W ITN ESS W H ER E O F TH E PARTIES ABO VE N A M ED H AVE EXECU TED AND

DELIVERED TH IS AG R E E M E N T A S O F TH E DATE FIRST AB O V E W RITTEN.
SIGNED, SEALED AN D DELIVERED

For and on b eh alf of LEAD M EM BE R by:
(Signature)
(Name)
(Seal)
(Designation) (Address)
SIGNED, SEALED AN D DELIVERED

For and on b eh a lf o f SECON D PART
(Signature)
(Name)
(Seal)
TH IRD PART
(Signature)
(Name)
(Seal)
In the presence of:
1. 2.
Notes:
1. The m ode o f the execution o f the J oint Bidding Agreem ent should be in accordance with
the procedure, if any, laid dow n by the A pplicable Law and the charter docum ents o f
the executant(s) and w hen it is so required, the sam e should be under com m on seal
affixed in accordance w ith the requiredprocedure.
2. Each Joint Bidding A greem ent should attach a copy o f the extract o f the charter
docum ents and docum ents such as resolution / pow er o f attorney in favour o f the
person executing this A greem ent for the delegation o f pow er and authority to execute
this agreem ent on b eh alf o f the Consortium M em ber.
A PPE N D IX -X V
Specim en o f Financial BID (through e-procurem ent portal only)
Project D escription IN R (in figures)

Equated M onthly Installm ent (EMI) for Im plem entation o f Energy
Efficiency Project for street lighting system by replacem ent o f existing
conventional street lights with energy efficient LED street lights and
installing Centralized control & M onitoring system including existing Through E-procurem ent portal
LED street lights with an im plem entation period o f 6 m onths ( only.
extendable b y additional 2 M onths with Liquidated Dam ages) along
w ith Operation and M aintenance (including existing LED street hghts)
for a period o f 7 years for retrofitted LED lights and existing LED lights
including original or extended im plem entation period
Note:
1. The breakup o f project cost (Capex, Opex, Buy-back) must be provided as per the form at in
A ppendix-V in physical form in sealed cover after last date and before opening technical bid.
1. B iddershallhavetoconsidertheB uy-backvalueofthedism antledlum inairesw hilequotingtheE M I.
2 . The EM I shall be inclusive o f all taxes.
(Signature, nam e and designation and seal o f the authorised signatory)
For and on beh alf o f......................................

A PPE N D IX -X V I
B reak up o f Financial Bid (for referen ce only)
1. Capital Cost:
SI C om pon ent details Total Unit Total

No Q uantity price A m ou nt
( in Rs) ( in Rs)
1 LED Street lights
i ....... W att
ii ....... W att
iii ....... W att
Iv ....... W att
V ....... W att
2 CCM S (panels including Sm art m eters, lO T
controllers, sw itchgears etc.)
3 CCM S Software
4 Brackets
5 O ther com ponents
6 Labour Charges for Installation
Total
2. O peration and M ain ten ance C ost fo r Seven Y ears:
Y ear O&M am ount for O & M am ou nt for E xistin g Total A m ou n t

LED s R eplaced for LED s ( in Rs.) ( in Rs.)
C onventional
Lights. ( in Rs)
is t
2n d
3rd
4 th
6 th
year
A P P E N D IX - XVII
SC O PE OF W O R K
The Concessionaire shall be solely and exclusively responsible for im plem entation o f Energy
Efficiency in street lighting system by replacem ent o f existing conventional street lights w ith energy
efficient LED street lights and installing Centralized control & M onitoring system including existing
LED street lights with an im plem entation period o f 6 m onths ( extendable by additional 2 M onths
with Liquidated Dam ages) along with O peration and M aintenance (including existing LED street
lights) for a period o f 7 years for retrofitted LED lights and existing LED lights through PPP for
undertaking the following:
1. R eplacem ent o f existin g conventional lum in aires id entified as p er the R FP (w ithin

H ubballi D harw ad M un icip al C orporation) w ith LED Street lights w ith related
accessories and in stallation o f C entralized control & M on ito rin g system (CCM S):
A. Planning and Procurem ent:
i. The Concessionaire shall prepare and subm it “E qu ipm ent Installation and
m an p ow er d eploym ent Plan (E IP )” as per the technical specifications w ithin the
conditions precedent period i.e. 30 days from the signing o f Agreem ent. The Equipm ent
Installation and m anpow er deploym ent plan shall com prise the follovnng:
a. Shall include Replacem ent o f conventional street lights by LED street lights plan ss per
ward w ise priority given b y A uthority in the table-7.
b. Shall subm it the num ber o f vehicles, m anpow er deploym ent details, and representative
stock details in the plan as per form at in table-8.
C. S h allu n d ertaked iagn osticstu d yofG IS based street light inventory provid ed b yth e T IA
and finalize thefollow ing:
i. W ard w ise Route M ap along w ith daily schedule for replacem ent for conventional
street.
ii. Prepare a list o f fixtures and fittings required for each identified pole.
iii. Ensure co-ordination with all stakeholders such as HESCOM, Authority, other
utility bodies/ agencies
w herever required to ensure sm ooth im plem entation
iv. Shall visit all the existing streetlight control point where m eters are installed (1571
Nos) and indicate the action plan for installation on new set o f static sm art m eters
p d other fixtures along w ith com m unicable equipm ents (GSM /GRPS). Before
initiating action on procurem ent, installation, testing etc. Concessionaire has to
estabhsh necessary co-ordination w ith H ESCO M and obtain clearances /
approvals, as the regulatory com pliance to GRID code, supply code, distribution
code etc. are m andatory. Regarding sm art m eters, the Concessionaire has to get the
GTP (G uaranteed Technical Param eters) from H ESCO M , sam ple test the static
sm art m eters before installation.
V.The plan for handing over the released energy m eters shall be indicated based on
the discussion with H ESCOM and Authority. R eleasing energy m eters should be
done in the presence o f H ESCOM staff.
vi. Shall also indicate the w arehouse w here the released existing street lights, energy
m eters, and other com ponents are stored.
V II. Shall indicate the procurem ent plan o f LED street hghting fixtures along with
hardware and software.
Shall alsoindicatethew arehousew herethenew streetlightingequipm ents/
lum inaries, vehicles, inventoryw ould be storedfor installation, O peration and
M aintenance.
IX. Shall ensure that each street light pole has all the electrical fixtures such as junction
box, brackets and clamps, electrical cable and wiring, other supporting
equipm ents.
Shall indicate the plan for m arking of pole num bering and geotagging for each LED
lum inaire and CCM S installed in service area o f A uthority and sw itching point
details. H owever, this should be done without dam aging the infrastructure of
Authority/H ESCO M .
XI. Shall indicate the installation o f CCM S plan for the entire project duration. The
CCM S system should be able to provide an open API to integrate w ith the Com m and
and Control Centre solution so that the data feeds from CCM S could be fed to CCC
solutioninreal-tim eform onitoringonaunified console.
XII. Shall consider and include all the accessories required to m ake sm art LED solution
fully functional.
The contents o f the Equipm ent Installation and m anpow er deploym ent plan shall not be
lim ited to the action plan indicated above.
ii. The Concessionaire has to adhere to the technical specifications as specified in

Technical Specifications section for different type o f street lighting equipm ent.
iii. Before starting the installations, it is the responsibility o f the Concessionaire to ensure
that only those poles form ing part o f this Project or lam ps w hich are part o f this project
are taken u pforin stallations w h ich belongtoA uth ority. Poles outside such jurisdiction
arenotsupposed to be taken up.
B. Replacement and Installation - Implementation:
i. Shall R eplacethe Conventional street lighting system w ith the Proposed LED street
lighting system as per Table-2 and Table-g b y adopting scientific and m odern street
lighting practices, including real-tim e condition m onitoring, predictive
repair/replacem ent o f fixtures, settingup Centralized control and m onitoring system .
ii. During im plem entation stage, the Concessionaire m ust first install CCM S panels with
each o f the feeders/ switch points before the installation of LED lights so that these
panel can m easure the existing lighting load also on each o f the energy m eters for a
specified period o f tim e (1-2 days). A fter recording these m easurem ents the
Concessionaire w ill replace the old lights with LED lights and w ill again record the
changed load. O ther param eters such as no. o f lights and their corresponding w attage
shall also be recorded for any sw itching point before and after replacem ent wath LED
lights. H ubballi D harwad City will also provide Concessionaire, the previous year bills
for each sw itching point. At the end o f every m onth, from the start o f installation
phase, the concessionaire shall for the com pleted switch points, m ust prepare and
subm it a consolidated report to Hubballi Dharwad City in the form at as provided
below:
SI W ard Switch Point Existing load Existing load N ew load

no. No. Description as per utility as per new after
bill (kW) m eter replacem ent
installed in o f all lights
CCM S panel connected to
(kW) sw itching
point (kW)
1
2
,3 -
LED lam ps include com plete street light fixtures, new brackets, clam ps, bolt & nuts,
insulation tapes, connectors, wires, providing suitable capacity o f M CB to control
individual / group o f street lights w henever required for replacem ent.
The existing energy m eters o f 1081 shall have to be replaced by Sm art Energy M eters.
W hile replacem ent, the Concessionaire shall in co-ordination with HESCOM /
H ubballi D harw ad M unicipal Corporation officials undertake the replacem ent. The
old m eters shall have to be handed over to HESCOM with an inventory listing. The
Concessionaire shall com ply w ith the H E S C O M 's standards / specifications and
procedures for replacem ent o f old energy m eters by sm art m eters.
The Sm art energy m eters shall be com patible w ith the Centralized control &
M onitoring system (CCM S).
V I. TheC C M Ssolution needstobein tegratedw iththeC entralized Data Center provisioned

A t KM DS. (Karnataka M unicipal D ata Society).
U nder Sm art Cities m ission, H ubballi D harwad City is proposed with Com m on
Com m and & Control Centre. The concessionaire should w ork with LSI & M SI to
integrate CCM S application with the City D ashboard/ ICOP platform .
M aster System In tegrator (M SI): The M SI is the bid der identified through a tender
process for the set-up o f centralized Data Centre at KM DS & D isaster R ecovery (DR) on cloud
and also provides the Integrated City O perations platform (ICOP) and GIS platform .
Local System In tegrator (LSI): The LSI is the bidder identified through a tender process
for the setup o f Integrated Com m and and Control Centre (ICCC) at the city level and also for
the im plem entation o f certain city-specific applications (Exam ple - Solid W aste
M anagem ent).
V II. A part from the 5 4 5 i6 (Conventional) lights and 1571 sw itch points as specified above,
there already exist 3548 LED lights in the city. It is the responsibility o f the
Concessionaire to connect these existing LED street lights and conventional lights
w ith the Centralized control & M onitoring system to control and m onitor these 3548
existing lighting (along with 54516 streetlights). The responsibility o f operation and
m aintenance o f these 3548 existing LED street lights also lies with Concessionaire
and key perform ance indicators shall be applicable.
VIII. The concessionaire also has to install 58064 lum inaires and shall also integrate with
the CCM S (city specific)
2. U ndertake com preh en sive operation and m aintenance o f street ligh tin g n etw ork for
con tract p eriod (7 years):
C. The LEDs should not flicker during its normal operating duration at the specified
param eters/ ranges.
D. A detailed description o f activities to be undertaken and services to be provided by the

Concessionaire as part o f the project is provided in the Agreem ent.
E. Upon com pletion o fstreet lighting w ork in specific control points in the w ards as directed
b y the Authority, 12-days testing period will startto check the adequacy o f the installed LED
street lighting system by the Independent Chartered Engineer as prescribed in draft
concessionaire agreem ent. Subsequent to acceptance o f successful com pletion and testing
o f the installed LED streetlights, sm art meters and after assessing the fully functional
Centralized control & M onitoring system (CCM S), the Independent Chartered Engineer
and the Authority shall issue the Com pletion Certificate to Concessionaire. The
O perations and M aintenance Period shall com m ence from day o fth e follow ing m onth
from the date o f issue of Com pletion Certificate.
F. The Concessionaire has to prepare sw itching point and energy meter based inventory post
replacem ent and the shall conduct GIS/ GPS m apping o f street lighting sw itching
points/feeder panels and rationalize the coverage area un d erth e sw itching points.
G. Service W ire; The Concessionaire has to install cable/wires (each for phase and neutral)
o f required length for connection of lum inaire to overhead conductor/ pow er supply cable.
The Cables/ W ires should be o f lO sqm m , PVC insulated 4-core Alum inium wire. The
materials used should be as per the specifications o f HESCOM. No extra charge will be
payable to the Concessionaire for this work.
H. The Concessionaire m ust take adequate care, b y using black cotton tape or better quality
tape for connection o f wires, to avoid short circuiting o f connections especially during
m onsoon season betw een lum inaire wire and overhead netw ork o f HESCOM .
I. Surge protection: The Concessionaire will provide surge protection arrangem ent to protect
the lum inaire from sw itching surges which are expected/ prevalent in Street Light supply
networks. No claim for failure o f Lum inaires, on account o f voltage surges, other than
Lightning surges, w ill be considered.
Further Concessionaire should arrange for additional Surge protector along with inbuilt
surge protector o f LED Street light to ensure the protection against voltage surges.
J. In case of voltage surges due to lightning, it is expected that lights, in the affected circuit,
will fail in a group and not in an isolated m anner. H ence, any such failure o f lights in a group
on account o f Lightning surges, m aybe reported to the Authority, along with circum stantial
evidence preferably within 24 hours o f such occurrence, for the purpose o f dam age claim
b y the Concessionaire from the insurance com pany. The responsibility for subm ission of
supporting docum entation rests w ith the Concessionaire.
K. E arth in g :T h ep ro visio n so fIS -3 0 4 3 ,m a y b ereferred to in g en era la n d to C la u sen o . 21.3,

21.4 and 32.5 o f the said IS Specifications in particular. The Concessionaire m ay carry
out, earth resistance m easurem ent o f neutral conductor o f supply netw ork during the
initial com m issioning phase and subsequently on yearly basis or as m a y b e felt necessary
for reliable operation o f the Light Lum inaires. No claim for failure o f Lum inaires w ill be
entertained on account o f earthing issues.
L. The Concessionaire has to intim ate A uthority about any cases o f pow er theft or
unauthorized connection o f load from the street lighting netw ork on priority basis.
A uthority will be responsible for taking all the corrective m easures required and m ay not
penalize the Concessionaire for such theft if it is established that such theft are no due to his
inefficiencies.
M. Releasing o f the existing Sodium vapor / M etal Halide / Induction/ Tube Light / CFL,
other bulbs fixtures including brackets, and other accessories the lam ps safely shall be the
responsibility o f the Concessionaire. The Concessionaire shall m ake arrangem ent for
transportation an d storageofsuchlam ps. H owever, Concessionaire shall assess the value of
conventional bulbs that are to be replaced and factor as credit available to him. The
l\^
Concessionaire shall have to consider the Buy-back value o f the dism antled lum inaires
w'hile quoting the low est EMI.
N. During m aintenance period, in case any street light is not functioning or defective, the
Concessionaire will replace or repair the sam e w ithin 24 hours o f receiving the com plaint,
except for the reasons beyond the control o f the Concessionaire w hich shall be brought to
the notice o f Engineer-in-charge. In case the issue is not resolved w ithin 24 hours then a
penalty equivalent to Ten (10) tim es o f the m onetized value o f energy consum ption by
streetlight for non-burning duration beyond 24 hours shall be levied.
P enalty = 10 x (m onetized value o f energy consum ption b y non-functioning streethght for

non burning duration beyond 24 hours)
0. Arrangem ent o f equipm ent and m achineries including hydraulic ladders or sky lifts which
are required for project im plem entation and operation and m aintenance. A uthority can
only provide authorization, necessary clearance and perm ission if required.
P. The Concessionaire shall m aintain a call center to attend com plaints received by phone,
Janahitha-M R C, em ail, SM S, etc.
Q- The Concessionaire shall m aintain a stock o f m in. 5% o f installed LEDs o f each type for
sm ooth operation o f m aintenance activities.
R. Ensure com pliance with all environm ent and safety standards including com phance to E-
W aste (M anagem ent) Rules 2016 for disposal o f E-W aste and fulfill all statutory
obligations in respect o f deputed staff (if any) at its own cost for full project duration.
S. In relation to the street lights technical specification, set out in A greem ent docum ent, the
A uthority will, on a m onthly basis, m ake paym ents to the Concessionaire in consideration of
the Concessionaire fulfilling its obligations and key perform ance indicators(K PI) under
the Agreem ent.
T. The A u thority w ill m ake actual paym ent against invoice to the Concessionaire, w ithin such
tim e period d uly considering the com pliance to various perform ance param eters as set
out inth e agreem ent.
U. All paym ents on account o f EM I fee w ill be deposited by the A u thority in an Escrow
Account, to be m aintained during the term o f the agreem ent.
V. H anding over o f fully functional Public Street Lighting System and CCM S to A u thority at the
end o f project tenure.
w. The Com m issioner, H ubballi D harwad M unicipal corporation shall rem ain the principal
A uthority o f the m unicipal em ployees w orking for the street lighting departm ent. Such
em ployees m ay or m ay not, at the C oncessionaire sole discretion, be seconded to the
Concessionaire for a specific duration and under term s and conditions to b e agreed upon
betw een the Parties. The Concessionaire has no obligation to em ploy directly or indirectly
any m unicipal em ployees.
X. The Concessionaire has to be proactive in m onitoring street lighting system regularly and
perform ing preventive m aintenance and not relying solely on Com plaint M anagem ent
System.
Y. All com plaints lodged in the system have to be resolved v^îthin 24 hours o f lodging of
com plaint. For exam ple, ifth e com plaint is lodged on 16th M ay at 10 PM then the com plaint
has to be resolved by 17th M ay 10 PM. In certain cases, Concessionaire has to resolve the
com plaints im m ediately as per the instruction o f Engineer In-Charge.
Z. The Concessionaire shall ensure the availability o f at least 2 num bers o f Ladder
m ounted je e p /H ydrauhc vehicle/any relevant vehicle (suitable to reach up to 10m
height) along the required equipm ent for every Zone/Package form ed as per corporation
for O&M p u rp ose.T heveh iclesu sed forO & M sh ou ldh avevah dregistration docu m en ts.
AA. The Concessionaire to ensure that no w ork is held up due to non-availability o f ladders, etc.,
otherwise the Concessionaire w ill be held responsible for such delays
BB. In case normal vehicle is unable to access the light point, the Concessionaire will be
required to m ake necessary arrangem ents for facilitating street lighting installation and
m aintenance at such locations.
CC. The Concessionaire has to ensure that drivers o f ladder vehicles m ust possess valid
driving license, vehicle registration docum ents, insurance, etc. at all tim es during the
contract period.
DD. The Concessionaire shall register a com plaint w ith the HESCOM and also undertake
required O&M in case o f overhead m ix network, snapping o f conductors, phase-to-phase
phenom enon and Authority shall coordinate with HESCOM if required.
EE. Trim m ing o f trees: If the branches o f tree are obstructing the light flow or O&M , the
concessionaire m ust trim such branches and provide O&M in such instances w ith prior
perm ission from concerned departm ent and Authority.
FF. Concessionaire holds responsibility If dam age occurs to the parts o f High m ast like,
m otor. W inch, Ropes, Carriage during the period o f project. Concessionaire must
regularly Lubricate for m oving parts o f High m ast to avoid failure/dam age o f such parts.
GG. If any dam ages occur to poles /fixtures/ CCM S panel boxes (under the ownership of
Authority) due to accidents, catastrophe events. Concessionaire shall im m ediately
proceed to location and clear the location and disconnect the dam aged/broken parts from
live parts ensure electrical safety o f pubhc. Further concessionaire shall assist A uthority
to carry dam aged/ broken parts to corporation prem ises.
HH. Concessionaire m ust regularly conduct inspections in the evening to ensure all street
lights are in ON condition also m ust ensure no tapings is drawn from the circuit for the
purpose of decorative/serial/flood lights by public. H ow ever if such tapings are found,
concessionaire shall rem ove such tapings w ith prior perm ission o f Authority.
II. If the A uthority intends to arrange decorative/serial/flood lights during festival tim e, the
A uthority must get approval for such tem porary arrangem ents from H ESCOM , also such
tem p oraiy loads shall not be connected to street light circuits w hich w ill im pact on
guaranteed energy savings and health o f the circuit.
JJ. Concessionaire m ust address street lights com plaints on priority instructed by Authority.
ii. If there exist a situation where a Lum inaire or a part o f it/C CM S/any other com ponent
has to be replaced and the corresponding m anufacturer is unable to supply the sam e for
any reason, then the PPP Concessionaire shall arrange for an alternative and ensure that
the O&M shall not get affected.
3. R eporting
KK. The Concessionaire shall ensure proper recording o f the dism antled conventional
Lum inaires and report that to A uthority on w eekly basis.
LL. The Concessionaire shall subm it the report o f replaced lights and m eters as per approved
Equipm ent Installation and m anpow er deploym ent plan to the A uthority and ICE on a
w eekly basis. Further, the sam e m ust be shared w ith the A u thority on 25th o f every m onth
so that the existing O&M o f such replaced streetlights w ill be w ithdraw n from the scope
o f existing O&M o f the Contractor and transferred to the O&M scope o f Concessionaire,
from the com m encem ent o f succeeding m onth.
MM.The Concessionaire should subm it ward w ise w eekly report on quantum o f reduction of
sanctioned load upon the replacem ent o f conventional street lights to LED street lights.
NN. The Concessionaire will b e required to subm it, at the start o f every m onth, detailed CCMS
report capturing energy consum ption at each CCM S panel, hours o f operation, details of
events like phase failure, non-operational light points, etc. to A u thority after validation and
ceitification b y ICE.
4. O w nership
0 0 . A uthority shall at all tim es during the contract period rem ain the ow ner o f the Street
lighting infrastructure under the jurisdiction of H ubballi D harwad M unicipal
Corporation.
PP. A part from the 54516 lights and 1571 sw itch points as specified above, there already exist
3548 LED hghts in the city. It is the responsibility o f th e Concessionaire to connect these
existing LED street lights and new LED lights (w hich needs to be installed) w ith the
Centralized control & M onitoring system to control and m onitor these 54516 existing
lighting (along w ith 3548 streetlights). The responsibility o f operation and m aintenance
o f these 3548 existing LED street Hghts also lies w ith C oncessionaire and key perform ance
indicators shall be applicable.
QQ. A t the expiry o f the contract period, all rights and titles to, and interests in, all
im provem ents and equipm ent constructed or system s installed are vested in Authority,
free and clear o f all and any liens and encum brances created or caused b y the
Concessionaire. The Concessionaire shall surrender possession o fth e LED lum inaires and
CCM S panels, along with CCM S bill o f m aterial, to A u thority w ith 100% o f them in w orking
condition.
RR, A detailed description o f activities to be undertaken and services to be provided b y the

Concessionaire as part o f the project is provided in the Agreem ent.
SS. Im plem entation Schedule: The Concessionaire has to supply, install, test and com m ission
LED lum inaires and CCM S panels within 6 m onths from the Effective Date as per the
M ilestones as follow s -
M ilestone 1 - Installation o f m inim um 50% o f LED Street Lights and corresponding

CCM S panels in the first 4 m onths.
M ilestone 2 - Rem aining 50% of w ork in the rest 2 months.
In case the Concessionaire is unable to achieve the m ilestones, then, 15 days before the end
o f 4 months or 6 m onths as the case m ay be from Effective Date the Concessionaire will
request for extension b y a period not exceeding 8 m onths from the Effective Date, to the
Authority and the ICE. The Authority, in consultation with the ICE and after satisfying itself
o f the reasons advanced by the Concessionaire shall accept the extension request. The
A uthority shall beentitled to levy Liquidated Dam ages as outlined in Schedule 7 o f the Draft
Concession Agreem ent (Vol. II o f this RFP) except for the delay due to reasons not under
the control o f concessionaire. The Authority v«ll be within its right to declare it as
“Concessionaire Event of Default" if the im plem entation is not com pleted w ithin 8 m onths
from the Effective Date.
TT. W attages of LEDs to be installed: The intent o f Authority is to replace existing lum inaires with
LED
lum inaires to get lighting levels equal o rbetter than the lighting levels being given by existing
lum inaires. To ensure this, the successful bidder w ill have to give dem onstration o f the
perform ance o f the LED lum inaires in the different types of the roads on the existing poles
and prove that the lum inaires m eet the BIS standards. The lux param eters during
dem onstration has to be m easured using calibrated m easuring tools and to be recorded in
the presence of ICE, City Corporation Engineers, H ubballi Dharwad Sm art city Engineers,
concerned HESCOM Engineers.
5. D aily Coordination
UU. The Concessionaire shall assign an overall in charge person suitably qualified and
experienced Project Co-ordinator with sufficient experience of having m anaged the
Project o f Street lighting shall be appointed for coordination and m onitoring o f day to day
activities of entire city network.
W . Additionally Concessionaire should deploy the team as proposed, in their Equipm ent
Installation and m anpow er deploym ent plan, from their organization who are regular
em ployees and provide the contact details o f the same, who shall be accountable for
delivering on the said com m itm ents during the Contract Period, coordinate for daily O&M
exerciseandupdateA uthorityasperagreedform at.Incase, the assigned personnel leaves the
organization or is reassigned, the Concessionaire has to intim ate the sam e in w riting to
A uthority and advice nam es of the new officers assigned for the role.
Project staff, vehicle and equipm ents:
a. Im plem entation staff: For the im plem entation phase. Concessionaire shall appoint a
project coordinator, with Corresponding Education and experience criteria:
SI. No. Staff details Education and Experience N o’s Roles and Responsibilities
1. Project • M ust be any degree holder. • Overall m anagem ent o f

Coordinator • M ust have worked as Adm inistration and control of
project m anager or PPP staff during the project
coordinator in sim ilar kind period.
of project w ith m inim um 3 • Act as one point o f contact
years experience between the Concessionaire and
the Authority/ICE.
1
Day to day m onitoring the
replacem ent o f Streetlights and
Energy m eters project during
im plem entation phase and
subm itting w eekly reports of
replaced street lights to ICE and
Authority.
Consolidating and subm itting the
daily uptim e reports, energy
consum ption reports from CCM S
to ICE and Authority.
Coordination betw een Authority
and H ESCOM officials for various
activities during im plem entation
and O&M phase.
The Concessionaire shall subm it the details o f the staff, vehicles for the im plem entation phase and
m ust ensure that the im plem entation is in accordance to the m ilestones defined.
b .O peration & M ain ten ance (O&M ) staff:
For every Zone/Package (as form ed b y corporation), concessionaire m ust provide the follow ing
staff for the operation and m aintenance (O&M ) o f street lights w ith corresponding education and
experience criteria:
SI no. Staff details Education and Experience N o ’s Roles and Responsibilities

M ust be at least Diplom a
holder in Electrical M ust be responsible to address all
Disciphne. the com plaints registered in
M ust hold a valid electrical helpline and from various
supervisor license issued sources.
by GoK. M onitoring vehicles and
M ust have w orked as a Electricians and drivers
Electrical supervisor associated with it.
m inim um 3 years Guiding drivers routes to be
experience O&M o f street followed and priority locations.
lights. Conducting ward inspections
every d ay evening and confirm ing
that all the received com plaints
are addressed and observe for any
other non-functional street lights
and take actions to fix them in Co
ordination w ith H ESCOM .
Electrical 1 N o’s
Coordinate with H ESCOM for any
Supervisor(s)
changes by them affecting the
streetlight circuits.
Subm it daily, com plaint register
show ing the resolved and pending
com plaints to the authority.
Collecting com plaints from
A uthority and addressing in
priority.
• Identify Energy thefts on
streetlight circuits and inform
Authority in tim e and assist for
further needful actions.
• Operation and M aintenance of
H igh-m ast tow ers concerning
towards m otors, W inch, ropes,
carriage and regular lubrication.
• Supervisor m ust ensure safety of
electricians w orking on live
electrical com ponents and at
heights b y checking personal
protective equipm ent are used
while w orking under such
situations.
• M onthly updating stock details of
Streetlights and Com ponents to
Authority.
• Stocking and m aintaining
Electrical toolkit containing
essential equipm ent like tester,
clamp m eter, earthing rod in the
vehicle etc.,
• M aintaining com plaint register of
each vehicle.
And other responsibilities assigned

b y Authority and concessionaire.
M ust be at least ITI holder Attending the com plaints as

in Electrical Trade addressed b y supervisor and
M ust Hold a valid Authority.
electrical w irem en license On-field replacem ent /
issued b y G oK rectifications o f fau lty street light
M ust have w orked as a and any associated com ponents.
Electrician for m inim um 2 Keeping the streetlights and high
year experience O&M of m ast structures cleaned and
street lights. aligned properly and in safe
condition.
Insulating live wires/cables w hich
are drawn out from m etal poles
and reinserting inside the pole.
Rem oving birds nest and other
residuals from high m ast tow er (if
exists).
Regularly lubricating
2. Electrician(s)/
ropes/winch/ m otor associated
Electrical
with high-m ast structures.
wirem en.
Aligning carriage o f high-m ast
2 N o ’s
structures properly.
Closing doors o f feeder panel if
opened.
Conducting ward inspections
every day evening and observing
for non-functional street lights
due to electrical faults and taking
action tow ards clearing such
faults and collecting com plaints
w hich are not registered through
any m eans and registering and
attending such com plaints next
day.
• Assisting Supervisor in
identifying nonfunctional
streetlights and solving them .
• U pdating com plaints addressed
in com plaint register m aintained
in vehicle and reporting to
supervisor and Authority.
• A ddressing com plaints on
priority w hich are instructed by
Authority.
O ther responsibilities given by

supervisor and A uthority and
concessionaire.
• M ust hold a valid 4 w heeler • M ust take electrician(s) to the
Driving license issued by location o f com plaint as directed
GoK. by supervisor and electrician.
• M ust be w ell experienced in O ther responsibilities given by
Driver(s) driving ladder m ounted 2 N o ’s supervisor and A uthority and
jeep/ hydraulic vehicle. concessionaire.
M ust have experience o f M ust assist Electrician and

m inim um 1 year in any driver in various O&M tasks.
electrical dom ain Loading required stock and
Assistant/H elp 2 N o ’s personal protective equipm ent
er from w arehouse to vehicles every
day.
A ssisting Electricians while
w orking in heights.
Providing additional ladder to
electricians w herever required
A ssisting Supervisor/
Electricians to conducting ward
inspections
O ther responsibilities given by

supervisor and A uthority and
concessionaire.
Concessionaire shall subm it the copies o f education certificates, license, Identity and address proof
and all O&M staff w orking under project.
All O&M staff shall adhere to roles and responsibilities m entioned in above table.
All O&M staff shall exhibit polite behavior w ith A u thority and public. H owever, a m isconduct is proven,
A uthority reserves all rights to ask for replacem ent o f such staff.
• Concessionaire shall facilitate personal protective equipm ent like; insulated gloves, Insulated shoes,
H elm ets, belts, ropes etc. for O&M staff working on Live electrical com ponents and heights.
• Concessionaire shall pay salary and other essential benefits to all O&M staff in accordance to guidelines
of departm ent o f Labour, GoK and tim ely revisions.
• Every zone shall have 3 team s for addressing street light com plaints. Each team m ust essentially have
1 electrician, 1 Driver and a Helper accom panied wîth Ladder m ounted jeep.
• Concessionaire shall be able to arrange alternate O&M staff in absence o f regular staff. A uthority v\îll
not accept such reasons w hich w ill delay in addressing street hghts com plaints.
c.O p eration and M aintenance V ehicles:

For every Zone/package (as form ed by corporation) at any point o f tim e during the O&M phase,
concessionaire m ust com pulsorily provide the following vehicle:
Ladder m ounted je e p (2’ Nos):
• Concessionaire should com pulsorily provide 2 ladder m ounted jeep s for attending Streetlights
irrespective o f num ber o f com plaints.
• The provided jeeps must have valid insurance, fitness certificate and other essential Certificates issued
b y RTO, GoK.
• M ounted Ladder m ust be electrically insulated against from jeep and earth to avoid Electrical
accidents.
• Jeep m ust be m ounted with m etal box large enough to accom m odate sufficient street lights and
associated com ponents to avoid dam age against rain. The metal box m ust have lock and key system to
avoid thefts.
• Each jeep m ust have essentially clamp meter, Earthing rod, insulation tapes, and A dditional w ooden
ladder (m inim um 10 mtr.).
• Each jeep m ust accom m odate a driver, electrician and a Helper.
• A Jeep once designated to particular Zone o f ULB, the Same vehicle m ust not be used for other ULBs
for any purpose.
• Contractor m ust arrange alternate jeep in case o f repair and m aintenance o f provided jeeps. W ithin 2
days.
In addition to Ladder m ounted jeep Concessionaire m ust be able arrange Crane(s) and Associated staff for
the purpose repairing High m ast structures. M edian street lighting Infrastructures, Flyover/ bridges Street
lighting and w herever it is not possible to provide O&M services through norm al Ladder m ounted jeeps.
Concessionaire will not be paid for such expenses. Concessionaire m ust be able to dem onstrate O&M staff
and V ehicles if A uthority intendsfor inspection at any tim e during the period o f project.
6. Safety
a. During the period o f installation and O&M, the Concessionaire should ensure
im plem entation of m easures to ensure safety o f working personnel, as per all applicable
law s in general and w ith special focus in the following.
a. W orking at heights
b. W orking on/in the vicinity o f pow er supplyhnes.
b. Suitable w ork instructions/procedures shall be prepared for each type o f w ork location
(H eight or type o f pole / supply netw ork configuration) and the w orking personnel shall
be trained at regular intervals b y a com petent person possessing valid certificate w .r.t
safety issues.
c. All the w orking personnel shall be provided with appropriate Personnel Protection
Equipm ent such as Safety harness for working at heights, safety helm ets. Earthing rods.
etc. The Concessionaire shall arrange to carryout safety A udit at regular intervals by a
com petent person possessing valid certificate w .r.t safety issues and suitable rem edial
m easures shall be taken based on the findings/recom m endation o fth e Safety Audit.
d. Concessionaire holds responsibility o f the electrical safety throughout the Contract period
and if electrical accidents and pubhc asset dam ages occur due to street lighting
infrastructure / com ponent under the scope o f w ork during the period o f Contract,
A uthority shall initiate necessary action as per the Indian E lectricity A ct 2003 and
subsequent am endm ents.
7. A ssessm en t and reduction o f san ctioned load
WW. It is acknowledged that HESCOM charges the A uthority for electricity consum ption
in street lighting based on the sanctioned/connected load as w ell as the actual m etered
consum ption. For every energy m eter, a separate bill is raised on m onthly basis. Post
installation o f LED, the sanctioned load o f the street lighting system w ill be significantly
m ore than the connected load. Therefore, in order to realize the benefit o f reduced energy
consum ption after the installation o f LED lights, A u th o rityw ill have to get the sanctioned
load revised proportionately for each o f the street lighting installations/m etering point
while installing new sm art m eters. A uthority w ill take-up this w ith HESCOM so that
sanctioned load o f each o f the street hght m etering point is reduced based on the new load
after the installation o f LED lights.
XX. TheConcessionairehastoprovideallthenecessarysupporttoAuthorityinensuringthe
reduction in sanctioned load.
8. System D ocum ents, U ser D ocum ents
The Concessionaire w ill provide all project related docum ents. This docum entation should be
subm itted as the Project undergoes at various stages o f im plem entation. Indicative list o f
docum ents includes:
Project Com m encem ent D ocum entation: Project Plan in giving out m icro level
activities w ith m ilestones & deadlines.
Equipm ent Docum ents: Copies o f M anuals from O EM s, Copies o f warranties o f all
the
equipm ents installed in the project
Installation M anual: For all the application system s.
Training M aterial: Training M aterial will include the presentations used for trainings
and also the required relevant docum ents for the topics being covered. Training
registers should be subm itted for same.
User M anuals: For all the application softw are m odules, required for
operationalization o f the system .
System M anual: For all the application softw are m odules, covering detail inform ation
required for its adm inistration.
Standard O perational Procedure (SOP) M anual: The Concessionaire shall be
responsible for preparing SOP M anual relating to operation and m aintenance o f each
and every service as m entioned in the RFP. The draft process (SOP) d ocum ent shall be
form ally signed o ff b y A u thority before com pletion o f Final A cceptance Test. T his SOP
m anual w ill be finalized b y the Concessionaire within 2 m onths o f operationalization,
in consultation with the A u thority and form ally signed o ff by theA uthority.
Copies o f A nn ual M aintenance Contracts (AM C) for all equipm ent or block of
equipm ent as renewed every year or at such periodical intervals as m ay have been
agreed between the Concessionaire and the Original Equipm ent M anufacturer
(OEM).
Note: The Concessionaire will ensure upkeep & update all docum entation and
m anuals during the Contract period. The ownership o f all docum ents, supphed by the
Concessionaire, will be with Authority. Docum ents shall be subm itted in tw o copies
each in printed (duly hard bound) & in softcopy formats.
9. Grievance Redressal:
• The Concessionaire will set up a centralized helpdesk for the project for entire contract
period on 16X7X365 basis. Further H elpdesk shall be operated in 2 shifts, tim ings as
specified b y Authority;
• The help desk w ill handle user queries and issues relating to im plem ented solution
• The helpdesk is required to ensure that users can log calls and com plaints for any
technical issues they
face while accessing the system . The follow ing is included in the scope o f w ork of the
Concessionaire:
o Accordingly, Standard Operating Procedures (SOPs) shall be created by
the Concessionaire;
o In addition to the telephone call, the Concessionaire shall refer
com plaints through Janahitha (MRC);
o The Concessionaire shall provide com prehensive training to the staff
identified b y the Authority and shall be in a position to independently
m anage the work.
o Following is also part o fscop e o f w ork o f Concessionaire: (a) Developm ent
o f training m aterial for em ployees of corporation/H D SCL (b) training to
be im parted to Authority (c) provision o f Call center application (d)
Developm ent o f standard operating procedures w ith call prioritization
guidelines, problem security codes and escalation procedures etc. in
consultation with Authority (e) H elpdesk related infrastructure;
o Language Capabilities: Kannada andEnglish;
o T h eservicew in d o w fo rH e lp D e sk isi6 X 7 X 3 6 s (M onday to Sunday);
o The call statistics will be analysed every quarter after Go-Live and the
num ber o f Custom er Care Executives m ay be ram ped up or dovra
accordingly on a w eek’snotice;
o The Concessionaire shall deploy helpdesk application accessible to all
users through the Sm art City portal for logging issues; and The
Concessionaire to provision for inbound calls.
10. C apacity Building:
The Concessionaire need to provide training and capacity building to Corporation/H D SCL
em ployees and other stakeholders as directed by A uthority/TIA. The follow ing is a broad
level scope;
• The Concessionaire w ill prepare all the requisite audio/visual training aids that are
required for successful com pletion o f the training for all stakeholders. These include
the following for all thestakeholders:
o Trainingm anualsforCorporation/H D SCL em ployees/stakeholder
departm ents;
o Com puter based trainingm odules;
o Presentations;
o User m anuals;
o O perationalandm aintenancem anualsforSm artCom ponentsim plem ented;
and
o R eg u laru p d atesto th etrain in g aids prepared under this project.
• The Concessionaire w ill m aintain a copy of all the training m aterial on the portal and
access w ill be provided to relevant stakeholders depending on their need and role. The
access to training on the portal w ould be finalized with Authority. The Concessionaire
has to ensure the follow ingpoints:
o For each training session, the Concessionaire has to provide the relevant
training m aterial copies to all the attendees.
o The contents d evelop ed sh allbe the property o f A uthority w ith all rights.
• The Concessionaire has to ensure that the training sessions held are effective and that
the attendees w ould be able to carry on w ith their w o rk efficiently. For this purpose, it
is n ecessaiy that the effectiveness o f training sessions is m easured. The Concessionaire
w ill prepare a com prehensive feedback form that will capture necessary param eters
on m easuring effectiveness o f the training sessions. This form w ill be discussed and
finalized with Authority.
• After each training session, feedback will be sought from each o f the attendees on
either prin ted feed b ack fo rm sorth ro u gh alin kavailab leon th ew eb p o rtal.O n em em b er
ofthe stakeholder group w ould be involved in the feedbackp rocess and he/she has to vet
the feedback process. The feedback received w ould be reported to A u thority for each
training session.
11. H an d -over o f the system at the end o f con tractual p eriod
The Concessionaire w ill supply to the A uthority the follow ing before the expiry o f the
contract:
• The Concessionaire shall handover the entire street hghting system w ith lo o %
w orking condition.
• Inform ation relating to the current services rendered and data relating to the perform ance
o f the services; Entire docum entation relating to various com ponents o f the Project, any
otherdata and confidential inform ation related to theProject;
• All other inform ation (including but not lim ited to docum ents, records and agreem ents)
relating to the products & services related to the project to enable A u thority and its
nom inated agencies, or its replacing Concessionaire to carry out due diligence in order to
transition the provision o f the Project Services to A u thority or its nom inated agencies, or its
replacing Concessionaire (as the case m aybe)
12. PE R FO R M A N C E P A R A M ETE R S
A. G uaranteed savings: The Project envisages norm ative energy saving to be in the range o f 45%
to 55% with replacem ent o f conventional lights Vkith LED Street lights along w ith Centralized
Control and M onitoring System (CCM S).
B. Baseline Assessm ent:
As per the latest physical GIS survey o f streetlights conducted b y TIA, there are 54516 N o’s o f
\
conventional street lights, 3548 N o’s of LED streetlights, 1571 N o ’s of 3-phase energy m eters. For
quantity, type o f street lights/flood lights and other details T A B L E -i shall be referred.
TA B LE-1
Rated Proposed LED G uaranteed

SL Existin g Street Quantity
Pow er street light/flood E nergy Savings
No. light/Flood ligh t type (Nos.)
(W atts) light (%)
A Conventional Street light/flood light Type
1 TL40W 25,877 40W LED 18 W 61%

2 SVL 250W 7,977 250 W LED 120 W 58%
3 MHL 250W 2,072 250 W LED 120 W 58%
4 MHL 150W 6,697 150 w LED 6.SW 62%
5 SVL 150 W 852 150 w LED 65 W 62%

6 T5 1x28 3,846 28 w LED 18 W 44%
7 T5 4x24 5,215 96 w LED 6.S W4 41%
8 Induction 80 /lo o w 32 80 w LED 65 W 29%
Induction 200 For High 200 W
9 52%
Mast 175 LED n o W HM
MHL 400W For High
10 400 w 48%
Mast 1,461 LED 240 W HM
11 CFL 18W/23 W 312 23W LED 18 W 22%
1 Total A 54,516
B Existing LED street lights/flood lights

1 LED 18W 42 18W N/A N/A
2 LED 43W 110 43W N/A N/A
3 LED 65W 894 65W N/A N/A
4 LED 72W 1527 72W N/A N/A
5 LED 90W 856 90W

LED 150W For High
6 15 OW
Mast 119
Total B 3,548
C Total A + B 58,064
Note;
1. Each conventional Flood light fixture in the high m ast com prises o f m ultiple lam ps. Q uantity of
LED flood
light fixtures proposed is equal to quantity o f conventional Flood light fixtures.
2. Each Double T5 street light fixture com prises o f m ultiple lam ps. Q uantity o f LED street lights
fixtures proposed is equal to quantity o f double T5 street light fixtures.
The trend in energy consum ption shows a general increase in consum ption year on year. A nalysis
It is to be noted that replacement has to be done for T 5 (4 X 24 W) by LED (4 X 18 W). However, for the purpose
o f estimation and assessment LED 65 W is considered.
o f one year electricity bills for the period from July 2016 to June 2017 shows consum ption as 19.1
m ilhon units.
In order to arrive at the baseline consum ption w e have considered all 100% street lighting systems
are w orking unlike the existing deficient service level.
Baseline study conducted in the previous study through a Physical survey o f all poles, lighting
fixtures, m arking and num bering o f all poles with enam eled paint and establishm ent o f GIS
coordinates for all the lighting poles
TIA, based on the existing type o f conventional lam ps, burning hours o f usage and seasonality, has
w orked out the existing consum ption on 58064 (including 3548 LED street lights) streetlights as
w ell as the savings post replacem ent o f LED bulbs.
For detailed analysis o f Baseline study for Pre and post replacem ent o f Street lights, Table-2 shall be
referred
C. E nergy Savings
ta b le -3
Particulars V alue
Energy Consum ption before LED replacem ent (kwH) 27,113,347
Energy Consum ption post replacem ent of LED (kwH) 12,331,363
G uaranteed Energy Savings due to replacem ent (kwH) 14,781,984
Guaranteed Energy Savings (%) 5 4 -5 2 %
D uring the replacem ent the C oncessionaire shall carry out the follow ing:
• During release o f existing conventional Street lights by the private Concessionaire, a joint
inventory along with H DSCL/H D M C officials/independent Chartered Engineer shall be
taken duly recording the pole wise data covering type o f Street lights, num ber o f Street lights,
wattages o f each Street lights, pole num ber, Geo-positions etc on a daily basis during
replacem ent. At the end o f the replacem ent the aggregate o f each type, w attage etc. w ould be
collated.
• The above calculation does not take in account the dim m ing and alternative sw itching -OFF
o f streetlights. Dim m ing o f LED street lights /flood lights is not allowed
C. Key Perform ance Indicators
The Concessionaire shall be responsible for m eeting the follow ing Key Perform ance Indicators (BCPI)
during the Term o f theProject.
ta b le -4
Prescribed
Pen alty D etails
KPI Levels
Less than 24 hours • Concessionaire shall address com plaints within
Rectification of from tim e o f 24 hrs. o f registration / appeared in CCM S
defective / non-glowing registration/ software. If Concessionaire fails to address the
/partially glowing / appeared in CCMS com plaint, he w ill be penalized w ith 10 X
flickering /street light software m onetized value o f energy consum ption ol
Particular Street for non-burning hours beyond
24 hours.
Concessionaire has • For every 1% drop in guaranteed savings, penalty
to m aintain the shall be levied atthe rate of 2 tim es the prevailing
minim um energy charges payabletoH ESCOM , to the extent
Guaranteed savings of guaranteed savings ofenergysavingsreduced
54% of 54% If the savings falls below 40% , then the EM I for
that m onth w ill be forfeited and the "Authority"
shall decide on continuation o f contract.
U ptim e of the In am o n th ,o n an yg ive n d ay a ta n y given point oi
installations should be 99% tim e during the operational hours, if the
99% at any given point ol percentage o f LED fixtures w hich rem ains non
tim e. (Conversely functional is m ore than 1% o f the totaln u m beroi
dow ntim e oJ fixtures in the Project area, then a penalty w ill be
installations should be levied equivalent to 0.1% o f the m onthly EM I
m axim um 1%) am ount for each day when such incidence occurs
during the month.
92
In case the Concessionaire fails to achieve the level o f perform ance against the KPI as specified in this
docum ent the authority m ay proceed with deduction o f penalties from the paym ent o f E M I.
If the concessionaire achieves m ore than the guaranteed savings, then the additional energy savings
will be equally shared betw een the “A uthority and Concessionaire”.
D. EM I Calculation:
The EM I payable to concessionaire w ould be:
A m ou n t P ayable to the C oncessionaire = EM I + (increm ental savings in term s

o f units) X 50% X energy charge (as p er p revailin g E SCO M tariff)- (Penalties)
N ote: In case o f outages and lights are closed down, b ased on the outage/lights
o ff h ours and th e extent o f the outage, the effect o f ou tage from C onventional
Light C on sum p tion for the m onth sh ou ld be subtracted, to calcu late energy
savings.
Exam ple:
• Let the baseline pow er w attage o f conventional lam ps w as 20000 watts

• A (gain factor) = Baseline pow er w attage o f conventional lam ps/ post replacem ent
pow er wattage
• If there are 1000 lights o f each 10 W att in the post replacem ent,
• Gain factor A = 200 00/ loooxiow = 2
• Then in the m onth o f April, if 200 lights are under outage/closed dow n for 50 hours
• (B)Baseline energy consum ption = (baseline pow er w attage x so d a y s x burning
hours/day) - (Post replacem ent w attage o f the lights under outage/closed dow n x
Gain factor (A) x period o f outage)
i.e., 20000X (30x10) - (200x10x2x50) = 5800 kW h
Energy savings for the m onth
Baseline Energy Consum ption (B) - Energy Consum ption o f the insta lled lig h ts f o r the month
B a seline E nergy consum ptions (B)
Exam ple for Calculating am ount payable to :I f the EM I is R s io o o o o a n d th e in c re m e n ta l savings

in te r m s o fu n its is is and the energy charges is Rs 5.5/unit then.
*Am ount Payable to the LCO = 100000 + (15 units x 50% x Rs 5.5 per unit)
= Rs. 100041.25 for that particular m onth
*C o n sid e rin g no p o w e r shu tdovras, an d 100 % u p tim e an d all co m p la in ts are

ad d ressed w ith in d efin ed tim e.
Pen alty D em onstration:
1. P en alty due to reduction in G u aran teed energy savings:
For every 1% drop in guaranteed savings, penalty shall be levied atthe rate o f2 tim es the prevailing
93
energy charges payable to H ESCO M ,tothe extentofenergysavingsreduced.
Parameter Value
Pre replacem ent Energv consum ption (kWh.) 27,113,347
Post Replacem ent Energy Consum ption (kWh.) 12,331,363
Guaranteed Energy Savings (kWh.) 14,781,984
Guaranteed Energy Savings (%.) 5 4 -5 2 %
In case the energy charges in that particular m onth is Rs 5.5 / unit and the EM I payable is Rs.
100000 per m onth, then for every 1% drop in Guaranteed Savings {assuming 55% as guaranteed
savings fo r the exam ple) the drop in units is 50 (for dem onstration purpose only), the EM I payable
shall be;
ta ble -5
Guaranteed Savings Pen alty (Rs) EM I (Rs/M onth)

55 % Nil 100000
54.99% - 54.00% 2 x 5 .5 x 5 0 99450
53-99%-53-00% 2 x 5 .5 x 1 0 0 98900
52.99% -52.0 0 % 2 x 5 .5 x 1 5 0 98350
51.99% - 51.00% 2 x 5.5 X 200 97800
50.99% - 50.00% 2 x 5 .5 x 2 5 0 97250
49.99% - 49.00% 2 x 5 .5 x 3 0 0 96700
48.99% - 4 8 .0 0 % 2 x 5 .5 x 3 5 0 96150
47.99% - 47.00% 2 x 5 .5 x 4 0 0 95600
46.99% - 46.00% 2 x 5 .5 x 4 5 0 95050
45.99% - 45-00% 2 x 5 .5 x 5 0 0 94500
44.99% - 44.00% 2 x 5 .5 x 5 5 0 93950
43.99% -43-00% 2 x 5 .5 x 6 0 0 93400
42.99% - 4 2 .0 0 % 2 x 5 .5 x 6 5 0 92850
41.99% - 41.00% 2 X 5.5 x 700 92300
40.99% - 40.00% 2 x 5 .5 x 7 5 0 91750
39.99%-39-00% No EMI No EMI
If the Energy Savings falls below 40% Then EM I for that m onth will be forfeited and this shall b e
treated as “C oncessionaire E vent o f D efau lt”.
2. P en alty due to not m aintain uptim e o f m inim um 99%:

Failure to m aintain uptim e o f m inim um 99% o f all LED lam ps in the Project area will attract thefine
ofo.i% ofE M Ipayableforthem onth foreach su ch d ay/days,w itnessed /docu m ented in the CCM S.
Example: Assum ing the m onthly EMI is Rs 1,00,000/-. In case o f H ubballi Dharwad M unicipal
Corporation, assum ing there are 58064 street lights. As per the understanding o f the uptim e, at
any given point of tim e approxim ately 580 num bers of street lights (1% o f 58064) can be non
functional out of 58064. If num ber o f non-functional lights on any given day at any given point of
tim e during the operational hours is m ore than 1%, then it will be recorded as one event o f failure
by the Concessionaire and a penalty equivalent to Rs. 100/- (0.1% o f Rs. 1,00,000/-) will be levied.
If such incidence happens for 5 days during the m onth, then total penalty of Rs. 500/- shall be
levied.
94
3- P en alty due to not ad d ressin g burnt out/d efective street lights w ithin 24 hours:
Concessionaire shall address com plaints w ithin 24 hrs o f registration. If Concessionaire fails to
address the com plaint, he w ill be penalized w ith 10 X m onetized value o f energy consum ption of
particular street light per day.
Example: Assum ing the com plaint is registered for addressing o f defective/burnout street light at
3.00 pm 20-11-2019, concessionaire m ust address the com plaint before 3.00 pm 21-11-2019. W
concessionaire fails to address before 3.00 pm 21-11-2019, then pen alty w ill starts from 21-11-2019.
If registered com plaint is for LED flood light (150 watts) o f high m ast then penalty / day w ill be:
i. io X o .i5 X io X (p rev a ilin g Energy charges as per H ESCO M tariff) - during jan -jun
ii io X o .i5 X iiX (p re v a ih n g Energy charges as per H ESCOM tariff) - during jul-dec
E. Liquidated Dam ages (L.D):
Delay Liquidated Dam ages
1. The Project COD is to be achieved w ithin 6 m onths from the Effective Date as per the
m ilestones below -
• M ilestone 1 - Installation o f m inim um 50% o f LED Street Lights and corresponding

CCM S panels in the first 4 m onths.
• M ilestone 2 - Rem aining 50% o f w ork in the rest 2 m onths.
An extension not exceeding 8 m onths from the E ffective Date can be granted by the
A uthority in consultation w ith the ICE and w ith the levying o f liquidated dam ages as shown
in table below, perm issible up to m axim um value o f 10% o f the Total Project Cost.
TA B LE -6
M ilestone period R eference Docum ent L.D

M ilestone 1 4 m onths A pproved EIP (Equipm ent (50% o f the agreed capital
from Installation and m anpow er cost)* (0.1 %) * (delay in
Effective deploym ent plan) days).
date
M ilestone 2 2 m onths A pproved EIP (Equipm ent (Agreed project cost) *
Installation and m anpow er (0.1 %) * (delay in days).
deploym ent plan)
2. A ny delay beyond 8 m onths from the Effective Date, shall be treated as “C oncessionaire
Event o f D efau lt” and the A uthority shall have the righ t to term inate the Agreem ent and
encash the Perform ance Security.
Future Expansion
For future expansion o f LED lighting b y the sam e PPP partner /Concessionaire, The additional
ca p a citysh allb elim ited to am axim u m o f 25% capacity envisaged under the contract, subject to a
m axim um o f 5% per annum .
The basis for pricing for capacity addition shall be as per rates fixed by Directorate o f M unicipal
A dm inistration (DM A) after follow ing due process, based on the prevailing m arket rates for
different LED lum inaries/ fixtures & accessories from tim e to time.
95
! : i ! I# , f' J5S^£3ri&£S © S s d c s ^
i:” I "II HUBBAlLi DHARW AD S M A R T C IT Y L IM IT E D
Speciai Purpose Vanit% for Impiimentatson of Smart City Projacf
(Registered Company No, CIN ; U74999KA2017 PLC 1012651
No; H I)SC L /LE D /L 0 A /20 20 -21/ $ 5 S 17.11.202.0
LETTER OF ACCEPTANCE
To;
M/s Chaturbahave Electronics Business Solutions Pvt Ltd (CEBS),
J-3/1-S-7 West Jyoti Nagar, Shalidara,
D elhi-110 093.
Sub: Selection of Concessionaire for Implementation and Maintenance of LED

Street Lights/Lighting System and Centialized Control & Monitoring
vSystem Through Public Private Partnership (PPP) - LoA reg....
Ref: Your bid for Indent No. LED/HDSCL/20i9-20/Call-2
Dear Sirs,
This is to notify you that your tender for indent no. LED /H BSC L/20i9-20/G alI~ 2 for
execution o f the “Selection o f Concessionaire for Implementation and Maintenance o f
Led Street Lights/Lighting System and Centralized Control & Monitoring System
tlirougli Public Private Partnership (PPP)”, participated in consortium with ‘ M/s
Crompton Greaves Consumer Electricals Limited’, and ‘M/s Sri Manju Electricals’, for the
quoted EMI IN R . 8 9,6 0 ,0 0 0 /- (Rupees E ig h ty N in e Laldi Sixty Thousand only)
including all applicable taxes, as corrected and modified in accordance with the Instructions
to bidder is hereby accepted.
You are hereby requested to acknowledge witliin 7 (se\^n) days of the receipt of the LoA,
with your signature and return the duplicate copy o f the LoA thereof. Further, you are hereby
requested to furnish Security deposit as per terms standard Clause 3.4.5 of ITB, in the form
detailed in the “11 Performance Security” of Concession Agreement. The amount of securit>'
deposit is Rs 2,66,00,000/- and shall be valid till the completion of project period (including 7
years of O&M) from the date o f signing of the agreement.
You are also required to Submit the “Equipment Installation and manpower deployment
Plan” within 20 days.
Yours faithi
director, %
HuW alli Dhaiwa^ Smart City Limited.,
\ ^ ' H u b b a lli
: 4 ji5f sfcssJa. mU ^ s r , iSpsrUiS

Re^ci 0 « c ® ; 4’' FJoor, 'F' Stock. IT Park, HUBBALU - S®0 020. Stele, India,
Ptv ; 0836‘a a s s a ^ . Fax : 063S-23SS331. ComroS Room Assfstaoc® : 8213886/2213898,
W ebshe ; wvwvhuWsaihdhafwactsi-nartcttv'coiri E-inaH ■stnartcityhubibalt«dharwad@ QmaiLcom
F-451 Sector 63
Noida
U .P -201301
w w w .ceb sw orJdw id e.com
Date; 25 Novem ber 2020
Ref: CEBS/HD.SCL/FFP/OI
Tlie Mdiidgiiig D iie tlu t,
Hubballi Dharwad Smart City Limited,
4 * Floor, F Block
IT Park,
H ubballi-bbO 020
Sub: A cceptance for LOA (Letter of Acceptance) for - "Bid for Selection of Concessionaire for Implementation and
Maintenance of LED Street Lights/Lighting System and Centralized Control and Monitoring System" through RPR.
Ref: 1. Tender Notification No: LED/HDSCL/2019-20/Call-2
2. Your Letter of Acceptance Ref: HDSCL/LED/CR-84/2020- 21.
Dear Sir,
W e M /s Chaturbahave Electronics Business Solutions Pvt Ltd (CEBS), hereby duly acknowledge that we have
received your letter of acceptance (LOA) on 18* November 2020 by e- mail.
We would subm it Perform ance Bank Guarantee within 45 W orking days as banks are taking longer tim e to issue PBG post
Covid - 1 9 lockdowns.
We seek your kind cooperation for successful im plem entation of Energy Efficiency Street Lighting Project in Hubballi
Dharwad Municipal Corporation.
Best regards,
Satish Swaroop
For,
M/s Chaturbahave Electronics Business Solutions Pvt Ltd (CEBS)
OUR W ORLD W IDE OFFICES

USA I UK I AUSTRALIA I SINGAPORE I UAE I TURKEY I SOUTH KOREA I EGYPT! INDIA
*Q*
SMART CITY LIMJTE0
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J-3/i-S-.7.WeslJvoU N a g a i\S h a h d ra ,
...........
D d h i-*10093.. ^
SuU: .Srlretkin of Concessionaire for Implcnjcntation and Mainlcnance of LED street ■ 1

•■:. lig lj t s / I ig h l in g S y ste m an d C en tralized C o n tro l & M o n ito rin g S V ste m ‘ih r o u g h P u b lic r ‘
*•-„ ' Pear Sir, _ •-“. f ^
' '■ '•• rolercucc t<» Jcttcr (i) 1.0A vyas Issued on 17"’ NoN'ctnbci' 2020, and you were roqiiestod lo
7 (sfeven) i£e receipl of the. Loi^’îgii'"and return the duplidite'copy of the I M '
‘ '*'■ ‘ ' ■
; ‘ " s^- • _*.'i _
im k wav5^'~34>5iJM. tj;j me lorro aetaue<i'm in« n f^'rtoriraitee.Securiiv"of C6 ji<Je&ion Agreements^-

• W- Hie itniouiil oi security deposK i.s Rs a,6 6 >oo,ooo/-\alid till Uic coriipletlon of proiecl ncriod '
§S5^ n_i; _ V ilfV ^ Ji. ■■"*J->V i . Vi*. , '■
* ^~«'!'\ J'"''*'
s ^• S'S-# ^ ( including 7 ; eari; of O&M) from the date of signing of the agreement. Failing to furnish the Seouritv
I . ' ’ ;> ir ^ - ** ■
' C'
doposil ]icr. temis standard clause 3 .4.5 ITB, the action w ll be initiated as per the stated‘clause ;, '
..A ,,f ri'li ,, , «S ,5 -. ..'(*.,1 ,. - ................. j........... . - 5 ,- , .......... , -»->"■.............
■-/ “z s C i . : 3 ».i crtc:r.

■ \t«<-t . A n ’>.u' f W{«(. irfei< {'•UH*5ALii hBO0^*0 KiwiijtiiK,* htatf fni-j
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Relevant Portion of the Typed Copy of the A nnexure- ^
HUBBALLI DHARWAD SA M RTCITY LIMITED
Special Purpose Vehicle for Im plem entation of S m art City Project
Ref No.: H D S C L /L E D /B G /2 0 2 0 1 -2 1 /3 4 2 1 2 .0 1 .2 0 2 1
To:
M/s Chaturbahave Electronics Business Solution Pvt Ltd (CEBS)
J -3 /1 -S -7 West Jyoti Nagar, Shahdra
Nand Nagri,
D elh i-1 1 0 0 93
Sub: Selection of Concessionaire for Im plem entation and Maintenance of

LED S treet Lights/Lighting System and Centralized Control & Monitoring
System Through Public Private Partnership (PPP) - Action initiated as per
clause 2 .2 0 .6 of ITB
Ref:
1. H D S C L /L E D /2 0 2 0 -2 1 /2 5 5 D ate d : 1 7 /1 1 /2 0 2 0
2. Your bid for Indent No. L E D /H D S C L /2 0 19 -2 0 /C all-2
Dear Sir,
With reference to letter (1 ) LOA as issued on 17*^^ Novem ber 2 0 20 ,

and you were requested to within 7 (seven) days of the receipt of the LOA,
sign and return the duplicate copy of the LOA in the acknowledgem ent
thereof. Further, you are hereby requested to furnish Security deposit in
term s of Claus 3 .4 .5 of ITB, in the form detailed in the "11 Performance
Security" of Concession A greem ent. The Amount of security deposit is Rs
2 ,6 6 ,0 0 ,0 0 0 /- valid till the completion of project period (including & years
of O&M) from the date of signing of the agreem ent. Failing to furnish the
Security deposit as per term s standard clause 3 .4 .5 ITB, the action will be
initiated as per the sated clause 2 .2 0 .6 of ITB.
Yours faithfully,
S d /-
Managing Director,
Hubballi Dharwad Sm art

City Limited Hubballi
iir :^ p c ii# a . 'X '
HUBBMy DHAiWAO SMaHT C iW LIMITiO
No HI)S( I i\ r o !K;*202» 2 1 '
I; C "h a tu ;iia h ,iv c S k v t r o n ic B u s in e s s So lu tio n *. I’ riv^ ie I im ite d ,

pin j - 3 /]*S > 7 W e s l ly o li N a g a r, S h ^ h d ra .
iB
Nand Ka^'n
Delhi,'1JC09'
, ..' » -i
Gentleman
;> V '
Sub: SelecHon of Concessionaire for Implemenlalion and Maintenknce of Led Street

i, I ighis/Ughting System and Centraiized Control & Monitoring System T hroti^
Public Private Partnership (PPP) - CMD forfeited as per the tender clause 2.20,6 of
i IT B . «‘ s - " '■ ,, , . 4 ‘ i
S e » * a ’
- i ; HDSCIiI.EO/BG/2020-21/342 1101.2020 ‘ ‘ -r ' - ’;"

2,' H D SC liLE D /LO A m O ‘21/BS Dated:-17.112020 II \ ^ ^
r ' 3. Y<nirbidformdentnoLED/HDSCT/2019-20/Catl.2
bid for indent no LED/HDSCT/2019-20/Cal}-2,-- n '
ii» iw
.... „................ ........................ ............ ' . ‘...*'■'?":*.........• .........
. «'
! - Uith r<'l«’r«iicc to leHer ( 1 ) & <2L LOA’ was issued on %7^ November 2020,* '^ d ff'u
' were requested to within 7 (se\en) days of receipt of the LOA; sign and return ihe duplicaiv.
•; w^,_ ' cop)' o i the LOA tn^td^w lediêjm enl tiierTOf. Purther^^you were requested to furnish"'
:;. ^ Se&'ify deposit in teirm of Clatise‘'3,43 of I1B< in the form detailed in iHe '“H Performance '
'■" ■
■ Securit)'" of Cohcessidn Agreement. The amount of syeurity deposit Is 2^^00,000/- vaUd
tin the completion of projed period (including 7 years of O&M) from the date of signing the
; agreement. Due to rion-«ubmission of pcrformnnoe Security Deposit, as per the tender cbiise
2 2 0 of i IT', viÛf f Ml> fotK’i'fd.
\ out
m
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M n a J;i 1>lreClo3r.
iliiblMljt I >|ipf\sSmart City Limited.
Hul.balii
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’l i y * ’ i^ r - . z u r ; f r .
w . nil.V-i,
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P ti:m m > f 3V}X?Zirm Ofe.1€**^3 lr>\<SLCO!riff^R&'j«-< 9.n s m n ' 2£ \ % m ,
....... mmti
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a § m
%- HUBBALLI 0 HARWAD SMART CITY LIMITED
special Piifpost? Vetifdo? ?ur i!Tip«mefitaiiO!i of Smart C?iy PfOjecl
m©QtStefi?d Co^-T^pafW Ho GIN : lJ?4999KA2i317 101265)
No HDSCL /LED/BG/2020-21/ (> >> Date :24.06.2D21
To,
Chaturbahave Electronic Business Sotutions Private Limited,

102, tower# 3, B-5
Yoga Nand Marg, Sector 62
Noida
Uttar Pradesh- 201309
Sir,
Sub: Notice for cancellation tender and forfeit of EMD amount as per the tender clause 2.20.6 of ITB.
Ref:
1. Your bid for Indent no LED/HDSCL/2019-20/Call-2

2. HDSCLyLED/Lok/2020-21/255 Dated:-17.11.2020
3. HDSCl/LED/BG/2020-21/342 Dated:-12.01.2020
4. No HDSCL/LED/BG/2020-21/ Date: 27.01.2021
, With reference to the above subject and reference (1) & f2], LOA was issued on 17* November
2020, and you were requested to, sign and return the duplicate copy of the LOA in acknGwledgement
thereof, within 7 (seven) days of receipt of the LOA Further, you were hereby requested to furnish
Security deposit in terms of Clause 3.4,5 of ITB, in the form detailed In the "11 Performance Security" of
Concession Agreement.
With reference to the letter (3) and (4) it was directed to submit the Performance Security deposit
(BG) and failing of which action will be initiated as per the tenter clause 2 20,6 of ITB. Your hereby
"•^quested your reply within 7 days of this letter.
iS iil
Yours Fa^fully,
Hubballi Bharwaia Smart tity Limited,

Hubballi ^
m m -, «i::5 r y 5
Begd CMce i # FJooi. 'P 8 * ^ , H H U ^ U J • m 020. Karnewka Stale, irtdia.
Ph ‘ 0836.2$SS322, Fax : 0S36-235»31. Com«)l BoomAssistance; Kt1388W2213e98.
Websile: wmîubbaf!idham,<adsfnaflcny.cx3»n E-nvsist i »inMCi!vftut}baflidharwad@emai!,com
_ ^ .. .^ 7
S . *: , 5 i s s ^ a r i& s s © £ c & ls s
’li HUBBALLI DHARWAD • 'V '' ,• - SMART CITY LIM ITE D "'fe#'
SBiCial f»mpmB Vcmfele for , nantoiion st Smart aty^Proie^
f'Reî:Sl0rsii Conipiij^y Mo. CW U7490SKA2O|7 P*LC tCJI2ti:»
N 0 H D S C L /L E D /B 6 / 202 I - 22 / =136, D a te :2 7 .0 7 .2 0 2 1
To,
Chaturbahave Electronic Business Solutions Private Limited,

102, Tower# 3, B-5
Noida
■.-t-
slb; Notice for cancellation tender and forfeit of EMD amount as per the tender clause 2.20.6 of ITB.
Ref;
1. Your bid for indent no tED/HDSCl/2019'20/Call-2
2. Letter No. HDSCL/LED/LOA/2020-21/255 Dated:-17.11.2020
3. Letter No. HDSCL/lED/BG/2020-21/342 Gated:-12.01.2020
4. Letter No. HDSCL /LED/BG/2020-21/ Date: 27,01,2021
5. L e t t e r No. HDSCL/LED/BG/2020-21/ Date: 24.06.2021
With reference to the above subject and reference (I) & (2|, LOA was issued on I?*” November
2020, and you were requested to, sign and return the duplicate copy Of the LOA in acknowledgement
thereof, within 7 (seven) days of receipt of the LOA, Further, you were hereby requested to furnish
' Security deposit ,n terms of Clause 3.4.5 of 1TB, in the form detailed in the "11 Performance Security" Of
I With reference to the letter (3), (4) and {5) it was directed to submit the Performance Security
*eposit (BG) and failing of which action will be initiated as per the tender clause 2.20.6 of ITB. Your
' nerebyrequestedyourreply within? days of this letter.
Y o y r s f p i t WfliaL;
Hubbain Dharwad Smart City Limited,,
Regd O f l^ : 4^ Floor. T* IT HUBBALLI -saO

Ph : 0836^2356322. Fax ‘ 0&36-2365331. Controi Room Ass.^tenoe ; ^ 1 3 8 8 a 2 ^ m
Wepsite ; wvifiûtot>a«tc!harwad.^05artc»ty.oom E.mati smanc(tyhui>bs»»<lharwa«i#gmajl.com
J?30S3© C 5 n ra ^ M c & e s © a jc J n s < j> .
r'-s: HUBBALLI OHARWAD SMART CITY LIMITED

Specsa! PyrpQse Vet'>ieie for imiSffTvsritation q I Srnarl City Pro|ecl
^Registered CoiKpaoy Ito- CtN : UT4908KA2OI ? 1012661
No HDSCL/LED/BG/2021-22/ Date: 09.08.2021

To,
102, Tower# 3, B-5
Noida
Sir,
Sir,
Sub: Notice for cancellation tender and forfeit of EMD amount as per the tender clause 2.20.6 of ITB.
:ef:
1. Your bid for indent no LED/HDSeL/2019-20/Cafl-2

2. Letter No. HDSCL/LED/LOA/2020-‘21/255 Dated:-17,11.2020 ^
3. Letter No. HDSCL/LED/BG/2020-21/342 Dated:-12.01.2020
4. LetterNo.HDSCL/LED/BG/2020-21/ Date: 27.01.2021
5> Letter No. HDSa/LED/BG/2020-21/Date: 24.06.2021
6. Letter No. HDSCL/LED/BG/2020-21/ Date: 27.07.2021
With reference to the above subjeet and reference (1| & (2), iOA was issued on 17* November
2020, arid you were requested to, sign and return the duplicate copy of the LOA in acl<nowledgennent
thereof, within 7 (seven) days of receipt of the LOA. Further, you were hereby requested to furnish
Security deposit in terms of Clause 3.4.5 of ITB, in the form detailed in the "11 Performance Security" of
With reference to the letter (3), (4) and |5) it was directed to submit the Performance Security
deposit (BG) and sufficient time has been provided to you. inspite of this you have filed to submit the
Performance Security deposit (BG). Why action should not initiated against you as per the tender clause
2.20,6 of ITB. Your hereby requested your reply within 7 days of this letter.
Yours Faithfully,
...-i A
mrwad Sm art City Limited^,
HubbalU ^
5S.<soss®«&s fit? © :;4 f!f te r w
Regd OHioa! # Floor. T 8lt^, it Ftek. MDBIAIU • m 020, Kama»a StMe, W ».

Ph: 0836-23Sfi3aa. Fax : C^36-23SS331, Room AssNstemc©: 2213888/22138^.
Websitp iwv4\obt>attidharwadsmaitcrty.<»m E-fflaii; sinaftcitûb&8Hidh8rwacl#9mart,com
r..
i
L r SD S® q j© O S S 3 iS S | l3£-&£2 CC > :;
r*" HUBBALLI DHARWAD SMART CtTY LIMITED '•
PijfiMim Vehieiefo ' irrsffiimerriation (»l Srnart D :y P:0|^h''
tHegu^lercd Corapariy No. QiH : U74B99KA2017 PLC ' 01265!
No HDSCL /LED/BG/2021-22/ g 2 7 Date: 13.09.2021

To,
J-3/ 1-S-7, West Jyothi N agar,
Shahdra,
Delhi-110093.
Sir,
Sub: Order for cancellation of tender, letter of Acceptance |LoA) arid forfeit of EMD amount as
per the tender clause 2.20.6 of ITB for the project -"Selection of concessionaire for
implementation and maintenance of LED street lights/ lighting system and centralised control and
monitoring system through public private partnership (PPP)".
Ref:
1. Your bid for indent no LED/HDSCL/2019-20/Call*2

2. Letter No. HDSCL/LED/LOA/2020 21/255 Dated:-17.11.2020
3. Your tetter no.CEBS/HDSCL/EEP/01 dated:25.11.2020
4. Letter No HDSCL/LED/B<3/2020-2l/3#2 Dated:-12.01,2021
5. Letter No HDSCL/LED/BG/2020-21/ Date: 27.01,2021
6. Letter No, HDSCL/LEO/BG/2020-21/644{A) Date: 24.06.2021
7. Letteflô. HDSCL/LED/BG/2020-21/735 Date: 27.07.2021
8. Letter No. HDSCL/LED/BG/2020-21/767(A) Date: 09.08.2021
With reference to the above subject and reference (1) & (2), letter of Acceptance (LoA) wâs
Issued on 17^*’ Nbvenriber 2020 to you wMh a request to furnish the performdrtce security deposit in
the form of a bank guarantee (PBG) as per the tender clause 3.4.5 of the Request For Proposal (RFP)
™of the bid document. In the ref letter no (3| you have acknowledged the receipt of the letter ref
no.2 and you have mentioned that you will submit the valid performance bank guarantee (PBG)
within 4S working days The valid PBG is required as per the tender clause for issue of notice to
/proceed ■wjth#ie work
With void letters reference (4|, (5). (6), {?) and (8) you were directed to subnilt the
Performance Security deposit in the form of a Bank Guarantee (PBG). Insptte of providing sufficient
time for you to submit the PBG as per the tender clause, you have failed to submit the Performance
Security deposit (PBG}. The implementation of the project - "Selection of concessionaire for
implementation and maintenance of LED street lights/ lighting system and centralised control and
monitoring systfem throug‘d public private partnership (PPP)" got delay because of your failure to
submit the Performance Security deposit (PBG).
; 4 ^; s s s a . C55*, aU s s s r , s fs r ii?
fle g d O ffice : 4 ' Ftoyr. 'F' Block, IT P a * . H U O B A L L i • 6 0 0 02 0 , K arn atak a Siato,
■0 8 3 6 -? 3 5 5 3 ? 3 . F a * : ft8 3 6 - 2 3 » » 3 1 , C o m & R o o m A ssistaftc6 ; 2?1 38 B 8 .'2 2 l3 8 9 e.
We&s«ie ; w ^ v w h u b b a ffd te w a d sn ia ftd ty co m E-nm il s m a ftc tyhublm fftcterft-a<l@ §m atia»m
V
-r - r 4 rF
» ^ © 9 S 0 5 3 S -S
r. ? 5 ^ u rf& £ s © s o y c^ s
e-wj » ?»• 4c
.ir “ #’**: '
HUBBAltl DHARWAD SMART CITY LiMITED
Sp^K;la! Piirpijse Vehicie for IsfipNmeotation o1 Smart City Pfoject
iReciiStefed Coniparsy No. CIN : U74999KA201? PLC 101265)
The Tender inviting Authority and the Hubti- Dharwad iVlunicipal Corporation, Hubballi has
suffered losses and damages on account of your failure to fulfil the conditions of the letter of
acceptance (LoA) and your failure to furnish the performance security in the form of a Bank
Guarantee (PBG) inspite of providing sufficient opportunity. Because of your failure we are not able
to commence the projert to provide services to the citizens of the Hubli-Dharwad Municipal
Corporation.
Hence, because of your failure to submit the Peffornrtance Security {PBG}, as per the Request For
the Proposal document ( Bid docurnent) for the " Selection of concessionaire for iiiiplementation and
maintenance of LED street lights/Ji^hting system and centrahsed control and monitoring system
through public private partnership (PPP)" project and as per the clause 2.20.6 of the Request For
Proposal CRFP) bid ddcument, the EMD amount of Rs.54,00,000 ( Rupees Fifty four lacks) Submitted
by you for the bid is forfeited and tender is cancelled.
. ......... ..... . .. ' , - . • . ■
Yours F
[Smart City Limited.,

H u b b a ll^
s i:: -
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R«?gd CMite • 4'' Floor, T Biock, TT Paili, HUBBALU - 580 020 Karnataka Statfr. Indm,
Pn • 0836-23553??, Fasf; 0836-2355331, Cortfol Room As*si?tan» • 2?t3888'22138<«.
V^?et)ti!!e , wwv;4iut)ba!itdf«j'wadstr3artcJty.oom E-!Tia» : 8maftalyti«bt)a!Srflhar*ad#gnw[H rom:
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■
■'■
.::■: ■:;! h UBBALLI DHARWAD SMART CITY LIMITED ~-

Specmi Purpose Vehicle (or tm piim entation of Smart City Project
(Registered C om pany No. CIN : U74999KA2017 PLC 101265)
Order No HDSCL/LED/BG/2021-22/ g ^ \ Date:0i. i 0.202i
TENDER CANCEI ATTON OR DPR '
Name of the Work - "Selection of concessionaire for impiemGntation and maintenance of LED
street lights^ and centralised control and rnonitoring system through public private
partnership jppp)".
Reference:
1. N IT N o , HDSCL/SCP T e n d e r /M D /2 6 l9 - 2 0 d a te d ; 1 8 .1 0 :2 0 1 9
2 . LoA L e tte r N o r HDSCL/L^^ d a te d 1 7 .1 1 .2 0 2 0
3. B ijd e r ie tte fn o .C E B S /H D S C iy E E P /O l d a te d :2 5 .1 1 .2 0 2 0
4 . L e tte r N o . H D SC L/LE D /B 6 /2 0 2 0 - 2 1 /3 4 2 D a te d :- 1 2 .0 1 .2 0 2 1
5. L e tte r N o . H D S C L /L e D /B G / 2020- 21/ D a te : 2 7 ,0 1 .2 0 2 1
6. L e tte r N o . H D S C L /L E D /B G /2 0 2 0 -2 1 /6 4 4 (A ) D a te : 2 4 .0 6 .2 0 2 1
7. L e tte r N o . H D S C L /L E D /B G /2 0 2 0 -2 1 /7 3 5 D a te : 2 7 .0 7 .2 0 2 1
S. . t e t t ^ | | p . H D S C L /L E W B G /2 0 2 0 -2 |/7 6 7 (A ) b a te : 0 9 .0 8 .2 0 2 1
9, Termination Notice Letter No H D $ G L /L E D /B G /2 0 2 1 -2 2 /8 3 7 Dated: 1 3 .0 9 .2 0 2 1
*****
P re a m b le
With reference to the above notice inviting tender for the project - "Selection of
concessionaire for implementation and maintenance of LED street lights/ lighting system and
centralised control and monitoring system through public private partnership (PPP)" , was called by
Hubli-Dharwad Smart City Limited (HDSCL), Hubli on 18.10.2019, as referred in the ref(l).
Subsequently, you - M/s Chaturbahave Eletronics Business Solution Pvt Ltd, Delhi in consortium with
M/s Crompton Greaves Consumer Electricals Limited and M/s Sri Manju Electricals have participated
in the tender process and bidded for the tender in the E-Portal. In the tender process, after you
have qualified as a successful bidder, your bid was accepted after negotiation.
Accordingly, Letter of Acceptance |LoA) - I.e, Ref(2) was issued to you on 17.11.2020 with a
request to submit Performance Security deposit in the form of Bank Guarantee (BG) of Rs 2.66 Cr In
the form of Bank Guarantee as per terms of tender clause 3.4.5 of ITB and also it was instructed to
submit Equipment Installation and manpower deployment plan within 20 days. In your letter Ref(3),
You have acknowledged the receipt of LoA and comply with it.
Repeated correspondence letters - Ref-{4) to Ref-(8), were issued to you with a request to
honour the tender condition and furnish the Performace Security deposit ( B.G). Inspite of providing
sufficient opportunity you have failed you furnish the performance security deposit in the form of
bank guarantee as required by the tender condition. Because of your failure to take up the project
after furnishing the required security deposit, the project has not commenced and the citizens of
the Hubli-Dharwad Municipal Corporation are deprived of the project facilities.
flftonjcteaf eilfO : 4 E8r ci: 5 !Q. v x jf , dU mss. spzdS,

Regd O ffice: 4*' Boor, F Block, IT Park. HUBBALU - 580 020, Karnataka State, India.
P |i: 0S36-2355322, Fax ; 0836-2355331, Control Room Assistance : 2213888/2213898,
W ebsite: wwWhubballidhanwadsmartcity.conn E -m ail: smartcityhubballidhanvad@gmail.com
S » ^ g©d5 3 8 0
5 3 osbclaS
S^' I ’‘ 1: HUBBAILI DHARWAD C a l v SMART CITY LIMITED
Special Purpose Vehicle for im plirnenlatton ol Sm art City Project
(Regislefed C o m p a n y N o. C IN : U74999K A 2017 PLC 101265)
Hence, vide letter reference no 09-.termination notice was issued to the bidder. There was no
response from the bidder-M/s Chaturbahave Eletronics Business Solution Pvt Ltd, Delhi,as such the
following order as per RFP clauses is passed.
TENDER CANCELATION ORDER
As narrated in the preamble the technically qualified bidder - M/s Chaturbahave Eletronic
Business Solutions Private Limited, Delhi in consortium with M/s Crompton Greaves Consumer
Electricals Limited and M/s Sri Manju Electricals has failed to satisfy the tender clause 3.4.5 of the
Request for proposal - tender document. Hence as per the tender clause 2.20.6(IV) of the Request
for proposal - tender document , the tender stands cancelled with forfelt(!êi of EMD . It was
directed to recall the tender. j
Hubballi Bharv^d Smart Limited.,

^ Hubballi ^
Copy to,
1 . The M/s Chaturbahave Electronic Business Solution Private Limited, J -3 / 1 -S-7 , west jyothi
najâr shah&a ielhi-iiob 93 .
2 . The office copy.
i;
slftocrtcccs «iicO ; 4fJ? siJsiQ. 'o??*' » U zstir.

Regd Office ; 4^ Floor, 'F' Block, IT Part<. HUBBALLI - 580 020, Karnataka State, India.
Ph • 0836-2355322, Fax : 0836-2355331. Control Room Assistance: 2213888/2213898,
Website : wwwhutJballidharwadsmarlcity.corn E-mail: smartcityhiubballidharwad@gmaii,com
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FOR HU8BALLI DHARWAB HtAbftSj-

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To, Date: 23.11.2021
Managing Director
Hubbalii-Dharwad Smart City Limited
Hubballi-580 020
Sub: "Bid for Selection of Concessionaire for Implementation and Maintenance of LED
Street Lights/Lighting System and Centralized Control and Monitoring System” through
PPP.
Ref:
1. LOA HDSCL/LED/LOA/2021-22/255
2. Bid Ref No. LED/HDSCL/2019-20/Call-2
Dear Sir,
We M/s Chaturbahave Electronic Business Solutions Private Limited (CEBSPL),

hereby kindly request you for refund of EMD Submitted during participation of the above
referred tender.
The challenges thrown by the unprecedented COVID-19 pandemic and continuous

lockdowns are multifaceted. Almost every field of business and working of the banks is
adversely affected due to the advent of the pandemic.
We at CEBSPL have been continuously working to cautiously ensure get back into
agreement with this project. However, the pandemic has resisted our attempts and
slowed down the process which were required to be completed by now.
We request humbly yourself to release EMD amount in consideration of business

slowdown during pandemic and release this EMD at the earhest.
Thanking you
For, M/s Chaturbahave Electronic Business Solutions Private Limited
Thanks, and regards.
For CHATURBAHAVE ELECTRONfC

BUSINESS SOLUTIONS PVT. LTD.
Director/Authorised Signatory
NOIDA/ IN . INDIA
Copy to:
1. Managing Director, Hubballi Dharwad Smartcity Limited Signatory
L
T'o, Date; 10.01.2022
Managing Director
Hubballi-Dharwad Smart City Limited
Hubballi-580 020
Sub: “Bid for Selection of Concessionaire for Implementation and Maintenance of LED
Street Lights/Lighting System and Centralized Control and Monitoring System” through
PPP.
Ref;
1. LOA llDSCL/LED/LOA/2021-22/255
2. Bid Ref No. LED/HDSCL/2019-20/Call-2
Dear Sir,
We M/s Chaturbahave Electronic Business Solutions Private Limited (CEBSPL],

hereby again kindly request you for a refund of EMD Submitted during participation of
the abovc-rcfcrrcd tender.
The challenges thrown by the unprecedented COVID-19 pandemic and continuous

lockdowns are multifaceted. Almost eveiy field of business and working of the banks is
adversely affected due to the advent of the pandemic.
We at CEBSPL have been continuously working to cautiously ensure get back into
agreement w ith this project. However, the pandemic has resisted our attempts and
slowed down the process which was required to be completed by now.
We request humbly yourself to release the EMD amount in consideration of

business slowdown during the pandemic and release this EMD at the earliest.
Thanking you
For, M/s Chaturbahave Electronic Business Solutions Private Limited
Thanks, and regards.
For CHATURBAHAVE ELECTRONIC

BUSINESS SOLUTIONS PVT. LTD.
Director/ifeJthofised Signatofy
---
N OiDA/TN. iNDlA
Copy to;
1. Managing Director, Hubballi Dharwad Smartcity Limited Signatory
N\
To,
Managing Director
4th Floor, F-Block, 1T-Parl<,
Opp to Indira Glass House,
Hubballi-580 020
And
Commissioner,
Hubballi Dharwad Municipal Corporation
Sir Siddappa Kambali Road,
H ubballi- 580 020
Dear Sir,
Subject: Plea for bid security amount of INR 54.00,000.
On behalf of Chaturbahave Electronic Business Solutions Private Limited please see our humble plea
below:
1. Hubballi-Dhanwad Smart City Limited (“HDSCL”) and Hubballi Dharwad Municipal Corporation
(“HDMC”) had invited tender by its Request for Proposal (“RFP”) for selection of
Concessionaire for a Project on 18.10.2019. The tender is related to developing an Energy
Efficient public street lighting system in Hubballi Dharwad City by replacing the existing
conventional street lights with energy efficient LED street lights and installing Centralized
control & Monitoring system.
2. We had applied for the bid and paid the bid security amount of INR 54,00,000 and subsequently
the Client was selected as the successful bidder.
3. Thereafter, as per the Clause 1.2.4 of RfP, the successful bidder is to provide performance
security after receiving the letter of acceptance. We received the acceptance from Hubbali
Dharwad Smart City Ltd., via letter of acceptance dated 17.11.2020. Pursuant to the aforesaid,
the Bidder signing the Agreem ent with the Authority and furnishing the Performance Security
in accordance with the provisions the Selected Bidder’s EMD will be returned without any
interest. However, the aforesaid procedure is to be performed as per Clause 20.2.4 of the RfP.
4. In March 2020 the COVID-19 wave (“Pandem ic”) hit India which resulted in the nationwide
lockdown. Accordingly, businesses and industries ceased to operate in the lockdown and the
aforesaid creating extraordinary circumstances which were beyond the control of us such as
an act of God or superior force, amounted to force majeure. This being an extraordinary event
it obstructed the continuation or lawful existence of contract amidst the parties.
5. Subsequently, the Government of India, via the Office Memorandum dated 19.02.2020
explicitly added COVID-19 as a force majeure event in Clause 9.7.7 of the Manual of
Procurement of Goods, 2017. It stated that all construction/work contracts, goods and services
contracts and PPP contracts with government agencies to be completed on or after February
20, 2020, can invoke the force majeure clause. Therefore, irrespective of the contracts entered
into by the parties, tine delay would amount to force majeure owing to the pandemic. The
aforementioned clause also provides that the punitive provisions contained in the contract for
delay or breach of contract should not make the supplier liable for imposition of any such
sanction so long as the delay and / or failure of supplier in fulfilling its obligations under the
contract is the result of an event covered in the Force Majeure clause.
6. The unprecedented and unparalleled pandemic impacted us as well. The pandemic rendered
us incapable to effectively collaborate. While it might be physically possible to do what the
contract calls for, but such performance of contract would clearly violate the guidelines stated
in the notice issued by the Government of India. Therefore, M/s Crompton Greaves Consumer
Electricals Limited had earlier agreed to provide the equipment required for setting up street
lights on credit. However, owing to the challenges of the pandemic. M/s Crompton Greaves
decided to provide us the necessary equipment in cash and not on credit.
7. However, Covid-19 is such an unprecedented event which nobody has ever contemplated while
entering the contract and the sufferings because of the various steps taken by the Government
of India to contain the spread of Covid-19 and it has affected almost all the industries.
Therefore, it is apparent from the above that upon advent of an event, which makes the
performance of the contract impossible, the parties are to be excused from the further
performance.
Pursuant to the above, we approached Hubballi Dharwad Municipal Corporation for extension
to pay performance bank guarantee via a letter dated 21.08.2021.
9. Therefore, we are well within the scope of law and shouldn’t be aggrieved by the non-payment
of the said bid security due to the non-performance of the contract. Further, it is stated that the
legal maxim “lex non cogit ad im possibilia” which means “the law does not compel a man
to do anything in vain or impossible or to do something which he cannot possibly perform”
comes to the rescue of us, along with another maxim “Impotentia excusat legam ” that
propagates, “when law creates a duty or charge and the party is disabled to perform it, without
any default in him, and has no remedy over it, then the law in general will excuse him.” Hence,
on the basis of the aforesaid contention We should be refunded with the amount of INR
54,00,000 of the bid security as the obligation to perform during the pandemic would have lead
to violation o f guidelines instituted by the Government of India and would have caused financial
hardships and adverse effects on us.
10. Furthermore, the pandemic had affected the cash flow of us, and this material change in the
terms of agreement with M/s Crompton Greaves Consum er Electricals Limited impaired us to
complete their side of the arrangement with Hubballi Dharwad Municipal Corporation.
11. It is clear from the aforesaid facts and circumstances that the delay was not at all deliberate
and intentional. W e couldn’t comply owing to the global pandemic that impacted industries
across the nations and sectors and we are not an exception to that.
12. The lockdown’s adverse impact has generated a negative multiplier effect that have festered
us in smoothly running the business causing commercial impracticability and has suffered great
loss, wherein the net profit as per the account books has dropped down to negative profit.
Therefore, we aggrieved by the aforesaid, should be refunded the bid security amount of INR
54,00,000, as we are not a huge company, the forfeited amount would be of great help in the
revival of com pany’s business. To make the decline of profits and the difficulties being faced
by us in running the business clear, we herein annex the books of account dated 28.02.2022
for the Financial Years 2018-19, 2020-21,2020-21 and mark the same as A n n e x u r e - A .
13. Consequently, the Hubballi-Dharwad Smart City Limited liave now retendered tlie project
earlier tendered to us. As a practice in tine industry, the person who has now been allotted the
tender must have given the bid security amount. If you have received the bid security amount
from the other successful bidder for the same project, the principles of equity and good
conscience demands the forfeited bid security of INR 54,00,000 be returned to us. We are in
dire need of the said monetary amount as we have faced unprecedented challenges and
impediments in conducting the normal operations of the business due to the pandemic and the
aforesaid amount will help in giving a kickstart to continue operations for the business.
14. We are not a big company and the amount forfeited would really help us get through the
pandemic which has affected us severely. It would be a great help if you could consider and
accept our humble request to return the bid security amount.
Please consider our plea and return the EMD am ount.
We shall be highly obliged with your kind gesture.
Yours faithfully,
ForCHATURBAHAVE ELECTRONIC
BUSINESS S a ^ N S PVT, LTD.
Director/Authorised Signatory
NOIOA/TN, INDIA
SATISH SWAROOP
For Chaturbahave Electronic Business Solutions Private Limited
Director
-v\
To,
Managing Director
4th Floor, F-Block, IT-Park,
Opp to Indira Glass House,
Hubballi-580 020
And
Commissioner,
Hubballi Dharwad Municipal Corporation
Sir Siddappa Kambali Road,
H u bb alli- 580 020
Dear Sir,
Subject: Plea for bid security amount o f INR 54,00.000.
On behalf o f Chaturbahave Electronic Business Sol/itions Private Limited please see our humble plea
below:
1. Hubballi-Dharwad Smart City Limited (“HOSCL”) and Hubballi Dharwad Municipal Corporation
(“HDMC”) had invited tender by it^ Request for Proposal {“RFP") for selection of
Concessionaire for a Project on 18.10/2019. The tender is related to developing an Energy
Efficient public street lighting systenry in Hubballi Dharwad City by replacing the existing
conventional street lights with energy efficient LED street lights and installing Centralized
control & Monitoring system.
2. We had applied for the bid and paia the bid security amount of INR 54,00,000 and subsequently
the Client was selected as the successful bidder.
3. Thereafter, as per the C la u s ^ 1.2.4 of RfP, the successful bidder is to provide performance
security after receiving the letter of acceptance. W e received the acceptance from Hubbali
Dharwad Smart City Ltd., via letter of acceptance dated 17.11.2020. Pursuant to the aforesaid,
the Bidder signing the Agreement with the Authority and furnishing the Performance Security
in accordance with the-firovisions the Selected Bidder’s EMD will be returned without any
interest. However, the aforesaid procedure is to be performed as per Clause 20.2.4 of the RfP.
4. In March 2020 the COVID-19 wave (“Pandemic”) hit India which resulted in the nationwide
lockdown. Accordingly, businesses and industries ceased to operate in the lockdown and the
aforesaid creating extraordinary circumstances which were beyond the control o f us such as
an act of God or superior force, amounted to force majeure. This being an extraordinary event
it obstructed the continuation or lawful existence of contract amidst the parties.
5. Subsequently, the Government of India, via the Office Memorandum dated 19.02.2020
explicitly added COVID-19 as a force majeure event in Clause 9.7.7 of the Manual of
Procurement of Goods, 2017. It stated that all construction/work contracts, goods and services
contracts and PPP contracts with government agencies to be completed on or after February
20, 2020, can invoke the force majeure clause. Therefore, irrespective of the contracts entered

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BEFORE THE HON'BLE HIGH COURT OF KARNATAKA AT DHARWAD

IN THE MATTER OF:

Hubballi Dliarwad Municipal Corporation ...RESPON DEN T

04.10.2021 along with relevant portion of the

IN THE MATTER OF:

M/S Chaturbahave Electronic Business Solutions Private Linnited

Hubballi Dharwad Municipal Corporation ...RESPON DEN T

The Petitioner is aggrieved by Tender Cancellation Notice dated 01.10.2021

issued by the Respondent vide which forfeiture the Petitioner's Earnest

issued by the Respondent for the implementation of a street lighting system

dated 18.11.2019 and on 20.11.2019 deposited a sum of INR 54,00,000/-

the Letter of Acceptance on 17.11.2020 by the Respondent. However, by

while responding to the Letter of Acceptance, the Petitioner sought for

extension of time to submit the Performance Bank Guarantee given the

unprecedented challenges it had to face due the pandemic. The Respondent

implemented by a third party. However, the Petitioner, which is a sm all­

sized company, has been deprived of a significant sum of money which it

provided as an EMD. It is the case of the Petitioner that its difficulties in

compliance were only due to COVID-19 related exigencies, and the

refused to respond to several representations made by the Petitioner in this

seeking appropriate relief against the Respondent.

18.11.2019 Petitioner submitted its bid in respect of the RFP dated

25.11.2020 Letter of Acceptance dated 17.11.2020 was

1 2 . 01.2021 Respondent issued a notice to furnish performance

27.01.2021 Letter notifying the forfeiture of EMD due to non­

24.06.2021 A reminder was issued to the Petitioner regarding

27.07.2021 Another reminder was issued to the Petitioner regarding

09.08.2021 A letter was issued by the Respondent asking the

13.09.2021 Respondent issued the impugned letter cancelling the

0 1 . 10.2021 Respondent issued the impugned notice/order

04.10.2021 Respondent issued a fresh call inviting bids for the

23.11.2021 Petitioner issued a letter seeking refund of its EMD.

0 1.07.2022 Petitioner issued another representation seeking refund

Hence this Petition.

DATE: .11.2022 COUN SEL FOR P E T IT IO N E R

W.P No. /2022

IN THE MATTER OF:

M/s Chaturbahave Electronics

Hubbali Dharwad Sm art City Ltd.

MEMORANDUM OF W R IT P ETIT IO N UNDER A R T IC L E 226 AND 227

OF THE C O N STITU TIO N OF IN D IA , 1950

The Petitioner m ost respectfully shew eth:

of the Constitution of India, 1950 seeking a writ of Mandamus or any

other appropriate writ, order or direction to the Respondent for the

for Proposal issued by the Respondent regarding street lighting works

for the Hubbali Dharwad Sm art City Project.

(A copy of the Petitioner's Bid covering letter dated 18.11.2019 is

annexed hereto as ANN EXURE-A)

(Screenshots of the online database of the Karnataka Public

Procurement Portal disclosing payment of EMD of Rs. Rs. 54,00,000/-

by the Petition vide NEFT bearing bank transaction reference No.

HDFCR52019112055466860, along with typed copies are annexed

hereto as AN N EXU RE-B).

2. The Petitioner is a Private Limited Company incorporated under the

Companies Act, 2013 and represented by its director and authorized

representative Mr. Satish Swaroop.

3. On 1 8 .1 0 .2 0 1 9 , the Respondent had issued an invitation for Tender vide

bid Indent No. LED/HDSCL/2019-20/Call-2 for the execution of

"Selection o f Concessionaire for Implementation and Maintenance o f LED

Street Lights/Lighting System and Centralized Control & Monitoring

payment of the refundable Earnest Money Deposit ('EMD') for Rs.

54,00,000/- through the Respondents E-Procurement Portal on

2 0 .1 1 .2 0 1 9 . It was selected as a successful L I bidder vide Letter of

Acceptance ('LoA') dated 17.11.2020 bearing No.

implemented by a third party. However, the Petitioner, which is a sm all

27.01.2021 Letter notifying the forfeiture of EMD due to non