Selection of Concessionaire for operation and maintenance (O&M) of Gandhinagar Sports Complex, TP-09, F.P.-154 (Sargasan) under the jurisdiction of Gandhinagar Urban Development Authority (GUDA)

3. Part – A (Technical Bid)

4. Instructions to Bidders

4.1 General Instructions

4.2 Ownership of Documents

4.3 Tendering Expenses

4.4 Pre bid queries and responses

4.5 Tender Fee and EMD

4.6 Preparation of Proposals

4.6.1 Format and Signing of Bids

4.6.2 Technical Proposal

4.6.3 Financial Proposal

4.6.4 Validity of proposal

4.7 Submission and opening of Proposals

4.7.1 Acknowledgement by bidder

4.7.2 Submission Details

4.7.3 Test of Responsiveness

4.7.4 Opening of Bids

4.8 Proposal of Evaluation

4.8.1 Technical Evaluation

4.8.2 Financial Evaluation

5. Pre - Qaulification Criteria

6. Terms of Reference

6.1 Scope of Contract

6.2 Key rights to Bidder

6.3 Obligations of selected bidder

6.4 Counterpart Team

6.5 Key Performance Indicators

6.6 KPIs with Quantitative Rating

6.7 Performance evaluation related to KPI Indicators

6.9 Grounds for termination of contract

6.10 Force Majeure

6.11 Right to reject

6.12 Jurisdiction

6.14 Amendments

6.15 No Partnership

6.17 Arbitration

6.18 Termination Payment

6.19 Proposal Disqualification Criteria

6.20 Understanding of Terms

6.21 Conflict of Interest

6.22 Notification of Award

6.23 Failure to Agree with the Terms and Conditions

6.24 Severability and Waiver

6.25 Representations, Warranties and Disclaimer

6.26 Change Management Procedure

6.27 No Assignment

6.28 Miscellaneous

7. General Terms and condition of contract

8. Sports complex facilities and minimum monthly concession fee

9.1 Bid Submission Form

9.2 Bidder’s Information

9.3 Financial Capacity

9.4 Bidder’s Experience

9.5 Curriculum Vitae of Personnel

9.6 Joint Bidding Agreement

9.7 Power of Attorney for lead member

9.9 Undertaking Regarding Litigation

9.10 Layout of Sports Complex

9.11 Facility details

10 Part – B (Price Bid)

1. This Request for Proposal (RFP) document for “RFP for Selection of Concessionaire

for operation and maintenance (O&M) of Gandhinagar Sports Complex, TP-09,

F.P.-154 (Sargasan) under the jurisdiction of Gandhinagar Urban Development

Authority (GUDA)” (hereinafter referred to as the “RFP”) contains information about

the scope of work and qualification process for the selection of a bidder. The purpose

of the RFP Document is to provide the bidders with information to assist in the

formulation of their proposals (hereinafter referred to as the “Proposal/s”). Please note

that this is a limited tender and is only being issued to the shortlisted agencies that

participated in and have been selected post the Expression of Interest (EoI) process.

2. This RFP is neither an agreement and nor an offer by Gandhinagar Urban Development

Authority (hereinafter referred to as “GUDA”) to the prospective bidders or any other

person. The purpose of this RFP is to provide interested parties with information that

may be useful to them in making their Bids pursuant to this RFP. While all efforts have

been made to ensure the accuracy of information contained in this RFP document, this

document does not purport to contain all the information required by the bidders. The

bidders should conduct their own independent assessment, investigations and analysis

and should check the reliability, accuracy and completeness of the information at their

end and obtain independent advice from relevant sources as required before submission

of their Proposal.

3. GUDA or any of its employees or consultants shall incur no liability under any law,

statute, rule or regulation as to the accuracy or completeness of the RFP Document.

GUDA reserves the right to change any or all conditions/ information set in this RFP

Document by way of revision, deletion, updating or annulment through issuance of

appropriate corrigendum and addendum as the Authority may deem fit without

assigning any reason thereof.

4. GUDA reserves the right to accept or reject any or all Proposals without giving any

reasons thereof. GUDA will not entertain or be liable for any claim for costs and

expenses in relation to the preparation of the Proposals to be submitted in response to

this RFP Document.

5. The information provided in this RFP to the Bidder(s) is on a wide range of matters,

some of which may depend upon interpretation of law. The information given is not

intended to be an exhaustive account of statutory requirements and should not be

regarded as a complete or authoritative statement of law. GUDA accepts no

responsibility for the accuracy or otherwise for any interpretation or opinion on law

expressed herein.

6. This RFP and the information contained herein are strictly confidential and privileged

and are for the exclusive use of the bidder to whom it is issued. This RFP shall not be

copied or distributed by the recipient to third parties (other than, to the extent required

by applicable law or in confidence to the recipient’s professional advisors, provided

that such advisors are bound by confidentiality restrictions at least as strict as those

contained in this RFP). In the event after the issue of the RFP, the recipient does not

continue with its involvement in the Bidding Process for any reason whatsoever, this

RFP and the information contained herein shall be always kept confidential by such

party and its professional advisors.

Bidders Signature

7. It is stated that bidder or applicant are interchangeable terms and carry the same

meaning, i.e., prospective Foundation for the project.

8. Bidders shall not make any public announcements with respect to the RFP process or

the RFP document. Public announcements, if any, are to be made with respect to the

RFP process or this RFP shall be made exclusively by GUDA. Any breach by a bidder

in this regard shall be deemed to be in non- compliance with the terms and conditions

of this RFP and shall render the proposal liable for rejection. GUDA decision in this

regard shall be final and binding on the bidder.

9. The bid is not transferable.

2. Invitation to bid

Gandhinagar Urban Development Authority (GUDA) is pleased to invite you to

participate in the Bidding Process for “RFP for Selection of Concessionaire for operation

and maintenance (O&M) of Gandhinagar Sports Complex, TP-09, F.P.-154 (Sargasan)

under the jurisdiction of Gandhinagar Urban Development Authority (GUDA)”.

Bidders should ensure documents are submitted as per the dates mentioned in the RFP.

Offers received beyond the specified date & time shall not be entertained and GUDA

shall not be responsible for any delay in receipt or loss of documents sent by post/courier

etc. Bidder who has downloaded the tender from the website shall not tamper/modify the

tender form including downloaded price bid template in any manner. In case, the same is

found to be tempered/ modified in any manner, tender will outrightly be rejected.

The purpose of the RFP Document is to provide the Bidders with information to assist

the formulation of their proposals. The detailed scope of work and deliverables are

mentioned in Terms of Reference (TOR), of this RFP.

We look forward to your participation and professional services.

Chief executive Authority

(GUDA, Gandhinagar)

2 Bidders Signature

2.1 Bid Schedule

RFP for Selection of Concessionaire for operation and maintenance (O&M) of

Gandhinagar Sports Complex, TP-09, F.P.-154 (Sargasan) under the jurisdiction of

Gandhinagar Urban Development Authority (GUDA)

Pre-Bid Meeting Place, Date and Time: As per NIT

Last date and time for bid Submission: As per NIT

Technical Bid Opening Date and Time: As per NIT

Submission of technical proposal, As per NIT

document fee, Bid Security and supporting

document in physical form

Tender details available on: As per NIT

Chief executive Authority

(GUDA, Gandhinagar)

3 Bidders Signature

Part - A (Technical Bid)

3. The individual/organization interested in operating and maintaining the Gandhinagar

Sports Complex mentioned in the notice on PPP basis can download the tender from the

Gandhinagar Urban Development Authority (GUDA) website

https://tender.nprocure.com from (as per NIT). The complete tender Bid Document in

sealed envelope should be submitted by hand/speed post/registered post at Chief

executive Authority, Gandhinagar Urban Development Authority - 382421 by (as per

The Technical Bid cover must mention: "RFP for Selection of Concessionaire for

operation and maintenance (O&M) of Gandhinagar Sports Complex, TP-09, F.P.-154

(Sargasan) under the jurisdiction of Gandhinagar Urban Development Authority (GUDA)"

1. All documents related to the tender form, conditions, EMD, tender fee, experience

details, etc., must be submitted with the technical bid as per Part - A (Technical Bid). A

list must be submitted with page numbers in proper order.

2. Part - B (Price Bid) should not be submitted with the Technical Bid. Price Bid should

only be filled online on nProcure. Only the prices filled online will be accepted.

3. Wherever tender documents mention tender, both Two-Bid and E-tender should be

considered as all purposes of the tender.

The tenderer must submit a certified copy of all details mentioned in the qualification

criteria at the time of bidding.

4. INSTRUCTION TO BIDDER

4.1 General Instruction

a. Applicants are advised that the selection of Bidder shall be based on an evaluation

by the Authority through the selection process specified in this RFP (the “Selection

Process”). Applicants shall be deemed to have understood and agreed that no

explanation or justification for any aspect of the Selection Process will be given, and

that GUDA’s decisions are without any right of appeal whatsoever.

b. The Applicants are invited to submit Technical, and Financial Proposals (collectively

called as “the Proposal” or the “Bid”), as specified in the data sheet, for the services

required for the Assignment. The term “Applicant” refers to a single entity or the

group of entities coming together to execute the assignment. The Proposal will form

the basis for contract signing with the selected Bidder. The Bidder shall carry out the

services under the Scope of work of this RFP.

c. The Applicant shall submit the Proposal in the form and manner specified in this

RFP. The Proposal shall be submitted as per the Annexure given in relevant sections

herewith. Upon selection, the Applicant shall be required to enter a contract with the

Client in the format specified in this RFP (the “Contract”).

4 Bidders Signature

d. Detailed descriptions of the objectives, scope of services and other requirements

relating to this project are specified in this RFP.

e. In case an applicant firm possesses the requisite experience and capabilities required

for undertaking the Consultancy, it may participate in the Selection Process either

individually (the “Sole Firm”) or as consortium of firms (the “Consortium”) in

response to this invitation. The term applicant (the “Applicant”) will apply to both -

a single entity or a Consortium and its Members. However, no applicant applying

individually or as a Member of a Consortium as the case may be/can be Member of

another Applicant.

f. In case the Applicant is a Consortium, it shall, comply with the following additional

requirements to be eligible:

i. Number of Members in a consortium shall not exceed 2 (two);

ii. Subject to the provisions of sub-clause (i) above, the Application should

contain the information required for Member(s) of the Consortium.

iii. Members of the Consortium shall nominate one Member as the lead member

(the “Lead Member”). The nomination(s) shall be supported by a Power of

Attorney, as per the format in this RFP, signed by all the other Members of

the Consortium. The duties, responsibilities, and powers of such Lead

Member shall be specifically included in the Joint Bidding Agreement. It is

expected that the Lead Member would be authorized to incur liabilities and

to receive instructions and payments for and on behalf of the Consortium.

The Authority expects that Lead Member should have maximum

responsibility pertaining to execution of Consultancy.

iv. The Application should include a brief description of the roles and

responsibilities of individual Members.

v. An individual Applicant cannot at the same time be a Member of a

Consortium applying for the Consultancy. Further, a member of a particular

Consortium cannot be a member of any other Consortium applying for the

vi. Members of the Consortium shall enter into a binding Joint Bidding

Agreement (the “Joint Bidding Agreement”), for the purpose of submitting a

Proposal. The Joint Bidding Agreement, to be submitted along with the

Application, shall, inter alia:

1. Clearly outline the proposed roles and responsibilities of each Member;

2. include a statement to the effect that all Members of the Consortium

shall be liable jointly and severally for all obligations of the Consultant

in relation to the Consultancy until the completion of the Consultancy

in accordance with the contract and the TOR;

3. Clearly define the proposed administrative arrangements (organization

chart) for the management and execution of the scope of work, if

awarded to the Consortium.

Except as provided under this RFP, there shall not be any amendment to the Joint

5 Bidders Signature

Bidding Agreement without the prior consent of the Authority.

vii. No change in composition of the Consortium will be submitted to the

Authority during the Selection Process and during the subsistence of the

g. The Client will endeavor to provide timely inputs and possible support required to

carry out the services. The Applicants are hereby advised to undertake their own due

diligence (to their complete satisfaction) before placing reliance on data/ information

furnished or to be provided later by the Client and/ or any of his Bidder.

h. The Client requires that the Bidder provides professional, objective, and impartial

support and always hold Client’s interests’ paramount, avoid conflicts with other

assignments or its own interests, and act without any consideration for future work.

The Concessionaire shall not accept or engage in any assignment that may place it

in a position of not being able to carry out the assignment in the best interests of the

Client and the Project.

i. It is the Client’s policy to require that the Bidder observes the highest standard of

ethics during the Selection Process and during the performance of services pursuant

to the Contract. In pursuance of this policy, the Client:

 will reject any Applicant or a Proposal for award if it determines that such

Applicant (whether recommended for award or not) has any “Conflict of

Interest” as defined in the RFP and, without prejudice to the generality of the

foregoing, if the Bidder is engaged in “Prohibited Practices”.

 will declare an Applicant ineligible, either indefinitely or for a stated period,

to be awarded a contract if it at any time it determines that the Applicant has

any conflict of Interest as defined in the RFP, without prejudice to the

generality of the foregoing, if the Bidder is engaged in “Prohibited Practices”

defined in the RFP.

j. In the event any entity has been barred by the Central Government, any State

Government, a statutory authority or a public sector undertaking from participating

in any project or bid, and the bar subsists as on the date of this RFP, it would not be

eligible to submit a Proposal.

k. Alternate Bids are not allowed.

l. It is imperative that each bidder fully acquaints himself with all the local conditions

and factors, which would have any effect on the performance/completion of the

contract in all respects. Bidders would themselves be responsible for compliance

with Rules, Regulations, Laws and Acts in force from time to time. On such matters,

the Tender Inviting Authority shall not entertain any request from the bidders.

4.2 Ownership of Documents

All the data collected and reported as part of this assignment as per the Scope of work shall

remain the property of the Client and shall not be used for any purpose other than that

intended under these terms of reference without the permission of the client.

6 Bidders Signature

4.3 Tendering Expenses

The Bidders shall bear all costs and expenditure incurred and/or to be incurred by it in

connection with its tender including preparation, mailing and submission of its tender and

for subsequent processing of the same. GUDA will, in no case be responsible or liable for

any such cost, expenditure etc. regardless of the conduct or outcome of the tendering

4.4 Pre bid queries and responses

a. Bidders may seek clarification on this RFP document till the date mentioned.

Request for clarification must be sent by standard electronic means to Gandhinagar

Urban Development Authority at the Email ID: - [email protected]

b. The Client shall conduct a pre-bid meeting on the date as per NIT. The client will try

to respond to the request for clarifications at the earliest. GUDA reserves the right

not to respond to any queries or provide any clarifications, in its sole discretion, and

nothing in this Clause shall be construed as obliging GUDA to respond to any

question or to provide any clarification.

c. The prospective bidders should attend the said meeting through offline mode at

GUDA office at their own cost.

d. Non-attendance at the Pre-Bid meeting will not be a cause for disqualification of a

Bidder. However, the terms and conditions of the addendum (s) will be legally

binding on all bidders irrespective of their attendance at the Pre-Bid meeting.

e. No further suggestions for deviations/variations/ additions will be entertained after

the Pre-Bid meeting.

f. Amendment(s) to Bidding Documents:

- At any time prior to the deadline for submission of bid, GUDA may, for any reason

whether at its own initiative or in response to a clarification required by a prospective

bidder, modify the bid document by issuing suitable amendment(s) to it.

- GUDA may, at its discretion, suitably extend the deadline for submission of bids, as

deemed appropriate, in compliance with tender guidelines.

- The last date for submission of pre-bid queries, both online and offline, shall be on

the date of the Pre-Bid Meeting as specified in the Notice Inviting Tender (NIT).

4.5 Tender Fee and EMD

A non-refundable Tender Fee of Rs. 15,000/- in the form of a Demand Draft and a refundable

Earnest Money Deposit (EMD) of Rs. 1,00,000/- in the form of a Fixed Deposit Receipt (FDR)

shall be submitted.Both the Demand Draft and the FDR must be drawn in favour of “Executive

Engineer, GUDA, Gandhinagar” and submitted along with the Technical Bid. The client shall

reject proposals unaccompanied with the aforesaid Bid processing fee and EMD.

The EMD shall be valid for a period of one hundred twenty (120) days beyond the validity

period of the bid. The EMD shall be valid for 120 days from the date of opening of the

7 Bidders Signature

The successful bidder’s bid security will be forfeited without prejudice to other rights of GUDA

if it fails to furnish the required performance security and sign the contract/agreement within

the period as specified by GUDA in the Letter of Intent/ Notification of Award (NoA).

4.6 Preparation of Proposals

4.6.1 Format and Signing of Bids

a. The Bidder shall provide all the information sought under this RFP. GUDA will

evaluate only those Bids that are received in the required formats and complete in

b. The Bid shall be typed or written in indelible ink and signed by the authorized

signatory of the Bidder with initials on each page. All the alterations, omissions,

additions or any other amendments made to the Bid shall be initialed by the

authorized signatory signing the Bid.

4.6.2 Technical Proposal

a. Technical Proposal must submit on the nProcure portal with proper index and page

number mentioning the forms as per the Annexure in the RFP with all pages being

duly signed by the authorized signatory of bidder.

b. Bids and all accompanying documents shall be in the English language. In case any

accompanying materials are in other languages, an English Translation shall

accompany it. The English version shall prevail in matters of interpretation which is

notarized by competent authority.

c. In preparing their proposal, Bidder are expected to thoroughly examine the RFP

Document, material deficiencies in providing the information requested may result in

rejection of a proposal.

d. Applicants should note the proposal due date, as specified in data sheet, for

submission of proposals. Except as specifically provided in this RFP, no

supplementary material will be entertained by the client, and that evaluation will be

carried out only based on documents received by the closing time of proposal due

date as specified in Data Sheet. Applicants will ordinarily not be asked to provide

additional material information or documents after the date of submission, and

unsolicited material if submitted will be summarily rejected. For the avoidance of

doubt, the Client reserves the right to seek clarifications in case the proposal is non-

responsive on any aspects.

e. Technical proposal must not include any financial information. Disclosure of

financial information in technical proposal will render the bid disqualified.

4.6.3 Financial Proposal

a. While preparing the Financial Proposal, Bidders are expected to take into

consideration the various requirements and conditions stipulated in this RFP

document. The Financial Proposal should include the proposed amount inclusive of

8 Bidders Signature

all the costs including all taxes but excluding GST associated with the assignment and

there should not be any hidden costs against the quoted financial proposal.

b. The Bidder may be subjected to local taxes (such as service tax, social charges or

income taxes on non-resident foreign personnel, duties, fees, levies etc.) on various

items or services for the execution of the project. Bidder must do their due diligence

about the tax implications and client will not be liable for any incident.

4.6.4 Validity of proposal

a. The Bid shall remain valid for acceptance for a period of 120 calendar days (One

hundred and twenty days) days after the Bid Due Date (Last date and time of

submission of Bid) prescribed in the Bid Schedule. Any Bid valid for a shorter period

shall be treated as unresponsive and rejected summarily.

b. In exceptional cases, the Bidders may be requested by GUDA to extend the validity

of their Bids up to a specified period. The Bidders, who agree to extend the Bid

validity, are to extend the same without any change or modification of their original

c. In case the day up to which the Bids are to remain valid falls on or is subsequently

declared a holiday or closed day for GUDA, the Bid validity shall automatically be

extended up to the next working day.

4.7 Submission and opening of Proposals

4.7.1 Acknowledgement by bidder

It shall be deemed that by submitting its bid, the Bidder has:

a. Made a complete and careful examination of the RFP documents, including the

Contract agreement.

b. Received all relevant information requested from Gandhinagar Urban Development

c. Accepted the risk of inadequacy, error or mistake in the information provided in the

RFP documents or furnished by or on behalf of Gandhinagar Urban Development

Authority relating to any of the matters related to this RFP or otherwise.

d. Satisfied with the scope of work and services to be delivered/rendered and the extant

conditions and all matters, things and information necessary and required for

submitting an informed bid and for providing the required services in accordance with

the RFP documents including the contract (to be signed with Gandhinagar Urban

Development Authority) and performance of all its obligations there under.

e. Acknowledged and agreed that inadequacy, lack of completeness or incorrectness of

information said to be in the bidding documents or ignorance of any of the matters

shall not be a basis for any claim for compensation, damages, extension of time for

performance of its obligations, loss of profits etc. from Gandhinagar Urban

Development Authority.

9 Bidders Signature

f. Agreed to be bound by the undertakings provided by it under and in terms of this

Gandhinagar Urban Development Authority shall not be liable for any omission or

commission, mistake or error in respect of any of the above or on account of any matter or

thing arising out of or concerning or relating to the RFP documents or the bidding process,

including any error or mistake therein or in any information or data given by Gandhinagar

Urban Development Authority.

4.7.2 Submission Details

a. A hard copy of the Bid processing fee and EMD should be submitted to the GUDA

office within (As per NIT) through speed post/ RPAD only.

b. Envelope with hardcopy of DD for Bid Processing fee and EMD should be submitted

in a separate sealed envelope superscripted as “<<Name of the tender>> and Tender

c. Technical proposal (as per the Annexure) along with a copy of Bid processing fee

and EMD shall be uploaded online on the portal before the submission date/ due date

as mentioned in the Data Sheet. Financial proposal should not be submitted with the

technical proposal. This will lead to disqualification or rejection of bid.

d. Financial proposal should be submitted online as per the format mentioned in the

Portal before the submission date/ due date as mentioned in the Data Sheet.

4.7.3 Test of Responsiveness

Prior to the evaluation of the proposal, GUDA shall determine whether each proposal is

responsive to the requirements of the RFP as below:

a. Hard copy of Bid Processing fee and Bid Security is be submitted in hard copy at GUDA

office in Gandhinagar as per the Data Sheet. Scan copy of the Demand Draft of Bid

Processing fee and Bid Security should be uploaded in the portal as part of Technical

b. Technical proposal to be submitted only on the nProcure portal only. Please note that the

hard copy submission of the technical proposal is not required.

c. The Technical Proposal should have the necessary documents including the ones

mentioned under “Technical Evaluation Criteria” in the formats of this RFP.

d. Financial proposal will be submitted as per the format of the Annexure – Financial

4.7.4 Opening of Bids

a. The proposal evaluation shall be carried out through a three-stage process comprising

Technical Evaluation, Presentation, and Financial Evaluation. The Technical Proposals

of responsive bidders shall be opened as specified in the Data Sheet. Bidders qualifying

in the Technical Evaluation shall be invited for Presentation, and only those bidders who

qualify in the Presentation stage shall be considered for opening of their Financial

10 Bidders Signature

b. The Financial Proposals will be opened publicly in the presence of technically qualified

bidders. The names of the bidders and the proposed prices will be read aloud and recorded

when the Financial Proposals are opened.

c. The Evaluation Committee will determine whether the Financial Proposals are complete

in all respects, unqualified and unconditional, and submitted in accordance with the terms

d. The cost indicated in the Financial Proposal shall be deemed as final. In case of any

discrepancy, between the price mentioned in words and figures, the price mentioned in

words shall prevail.

e. Omissions, if any, shall not entitle the bidder to be compensated and the liability to fulfil

its obligations as per the Terms of Reference within the total quoted amount shall be that

of the bidder. The evaluation shall exclude those taxes, duties, fees, levies and other

charges imposed under the applicable law on foreign and domestic inputs.

f. No proposal shall be accepted after the closing time for submission of Proposals.

4.8 Proposal Evaluation

4.8.1 Technical Evaluation

a. Technical Bids will be opened in the presence of the bidders’ representatives who choose

to attend at the appointed place and time.

b. Bids will be evaluated based on the information submitted by the bidders. However,

GUDA reserves the right to seek clarification/documents from the bidders, if GUDA

considers it necessary for proper assessment of the bid.

c. The Technical Bids will be evaluated based on eligibility criteria and technical evaluation

Average Annual Turnover during any three (3) financial years out of the

last five (5) financial years:

1 • ≥ ₹1.00 Crore and ≤ ₹2.00 Crore - 15 Marks

• > ₹2.00 Crore and ≤ ₹3.00 Crore - 20 Marks

• > ₹3.00 Crore - 25 Marks

Experience in Operation & Maintenance of Government / Semi-

Government / Private Sports Facilities having multiple sports and/or

providing coaching & training for competitive sports, as on the Bid Due

• ≥ 10 years - 25 Marks

• > 5 years and ≤ 10 years - 15 Marks

• ≤ 5 years - 10 Marks

3 If the Bidder is already in possession of Operation and Maintenance of at

least one Sports Complex for Government / Semi-Government / Private

11 Bidders Signature

organization having experience in managing multiple sports facilities along

with coaching & training activities, the marks shall be awarded based on

the minimum annual concession fee paid as under:

1. Minimum Annual Concession Fee of ₹24.00 Lakh or above (100%) -

2. Minimum Annual Concession Fee of ₹19.20 Lakh or above (80%) but

less than ₹24.00 Lakh - 15 Marks

3. Minimum Annual Concession Fee of ₹14.40 Lakh or above (60%) but

less than ₹19.20 Lakh - 10 Marks

Bidders having prior work experience with government/semi-government

4 organizations in the field of sports facility operations or management,

subject to submission of supporting documentary proof - 05 marks

Bidders scoring 60 marks or more in the evaluation shall qualify for the presentation on

Date ………. at ………...

5 Presentation on Business Plan, Innovativeness and Market Compatibility

1. Only those bidders who score eighty (80) marks or more out of 100 in the above

Technical Evaluation shall be considered for opening of the Financial Bid.

2. The evaluation shall be carried out by the Competent Evaluation Committee of the

Authority, whose decision shall be final and binding on all Bidders.

3. In case the Bidder is operating multiple facilities, the cumulative annual concession

fee from such facilities during the last three (3) financial years, aggregating to Rs.

24.00 Lakh or above per annum, shall be considered for evaluation under this

criterion, subject to submission of valid supporting documentary evidence. Moreover,

self-certified copies of proof of payment of Minimum Annual Concession Fee, such

as receipts, bank statements, or payment acknowledgements, clearly reflecting the

amount paid to the Authority (Government / Semi-Government / Private

Organization) for the relevant financial years shall be submitted.

4. The Bidder shall submit a self-certified copy of the valid Agreement / Concession

Agreement executed with the concerned Government / Semi-Government / Private

organization for Operation and Maintenance of the Sports Complex as proof of the

above experience. The Agreement must clearly indicate the scope of work, contract

period, and Minimum Annual Concession Fee. The Agreement shall be currently in

force and operative as on the date of Bid submission, confirming that the Bidder is

presently engaged in at least one such ongoing Operation and Maintenance work of a

Sports Complex. Submission of an expired or concluded Agreement shall not be

considered for award of marks. Non-submission of the required documents may lead

to non-award of marks under this criterion.

12 Bidders Signature

5. Work Completion Certificate / Performance Certificate issued by the concerned

Authority (Government / Semi-Government / Private Organization), indicating the

nature of work, duration of work, and satisfactory performance.

6. Audited Financial Statements (Balance Sheet and Profit & Loss Account) for any

three (3) financial years out of the last five (5) financial years, duly certified by a

Chartered Accountant.

7. Turnover Certificate issued by a Chartered Accountant (CA), clearly certifying the

Average Annual Turnover from sports activities only, for the relevant financial years.

The certificate shall specifically state that the turnover is exclusively derived from

sports-related operations / activities.

8. Income Tax Returns (ITR Acknowledgement) for the relevant financial years, as filed

with the Income Tax Department.

9. Average annual turnover should be mandatorily from sports activity only.

4.8.2 Financial Evaluation

Financial Evaluation shall be done considering maximum rent fees offered by the

bidder will be H1 Bidder.

5. Pre-Qualification Criteria

a. The bidder must have at least three (3) years of experience in operating sports

complexes for government/semi-government/private organizations, including facilities

such as swimming pools, gyms, skating rinks, tennis courts, badminton courts, or any

other sports activities specified in the tender document. Experience will be counted up

to the tender announcement date, and details of such experience must be submitted with

b. The Bidder shall submit self-attested copies of the following:

1. Certificate of Incorporation / Registration (Company / LLP / Society / Trust, as

2. Permanent Account Number (PAN)

3. Goods and Services Tax (GST) Registration Certificate

4. Audited financial statements (Balance Sheet, Profit & Loss Account) for the last

three (3) financial years

5. Income Tax Returns (ITR acknowledgements) for the last three (3) financial years

Turnover certificate issued by a Chartered Accountant

c. The bidder's average turnover in the last three financial years should not be less than

Rs. 1 Crore. Average annual turnover should be mandatorily from sports activities only.

d. Joint Venture is allowed. Not more than 2 Joint venture/MOU permitted. Experience of

Joint Venture shall be considered for Qualification experience.

e. Where the Bid is submitted by a Joint Venture (JV)/Consortium, the members shall

execute a legally binding JV Agreement clearly defining their roles and equity

participation. The Lead Member shall hold not less than 51% equity in the JV and shall

be responsible for overall project implementation and coordination, and shall act as the

authorized representative of the JV. Both members shall be jointly and severally liable

13 Bidders Signature

for due performance of the Contract. Any change in JV composition or equity structure

shall require prior written approval of the Authority.

f. Shortlisted bidders shall present details of their existing multi-sports and coaching

facilities, sport-wise player strength, national/international achievements, talent

development roadmap for Gandhinagar, business plan for hosting competitions,

optimal use of open spaces, and indicative fees structure/charges for sports activities at

the GUDA Sports Complex.

g. After verification of details mentioned in the qualification criteria, only the technically

qualified Bids will be allowed to open the price bid and they will be informed about the

date, time and place to be present for opening the bid. Disqualified tenderers' bids will

not be opened and they will not be informed.

6. Terms of Reference

6.1 Scope of Contract

a. It shall be mandatory for the Successful Bidder to maintain an ethical code and

professional conduct.

b. The bidder shall not cause or permit to be caused any damage to the said premises. Under

no circumstances, the bidder shall make any major alteration to any block in the

Complex, without prior written approval from GUDA.

c. The broad scope of the Bidder for the project shall include the following but not be

I. Sports Program Management

- Oversee overall complex operations, develop and implement a holistic sports

development program across all levels, from grassroots to elite, in line with the

block-wise utilization plan of the Complex.

- Identifying and onboarding quality technical partners (Indian / foreign) to assist

for providing training to players and coaches.

- Monitor and support player progression, ensuring compliance with relevant

associations and reporting requirements.

- Facilitate exchange programs and provide top-tier resources in nutrition and

sports science. Manage staffing to maintain high-quality training standards.

II. Coaching Services

- Design and implement age and skill-specific coaching programs across various

sports, with tailored curricula and training schedules.

- Bring onboard qualified coaches/ trainers/ agencies providing coaching

manpower for different sports in the Sports Complex.

- Train, and manage qualified coaching staff, ensuring ongoing professional

development and effective program delivery.

14 Bidders Signature

- Ensure appointed coaches/trainers have the appropriate qualifications,

certifications and prior work experience.

- Maintain all requisite documentation and profile details of all coaching staff

recruited in the premises.

- Ensure compliance with health and safety standards, manage emergency protocols

related to coaching activities.

III. Facility Maintenance

- The Concessionaire shall be solely and entirely responsible, at its own cost, for

the complete operation, upkeep, preventive, routine, periodic, and corrective

maintenance of the entire Sports Complex and all assets therein, whether existing

or installed during the Contract Period, without any exception, including but not

limited to the following:

- All sports facilities including indoor and outdoor courts, fields, tracks, pitches,

swimming pool systems (if any), spectator areas, warm-up zones, and training

- All sports and gym equipment, fitness machines, accessories, scoreboards, timing

systems, and allied installations

- All civil works including buildings, structures, roofing, flooring, walls, partitions,

doors, windows, internal and external finishes, façades, staircases, ramps, and

- Electrical systems including internal and external lighting, power distribution

panels, cabling, earthing, backup power systems, DG sets, UPS, solar systems (if

any), and energy management systems

- HVAC and ventilation systems, air-conditioning plants, ducts, exhausts, chillers,

AHUs, and control systems

- Plumbing, water supply, drainage and sewage systems, including pumps, tanks,

pipelines, fixtures, fittings, STP/ETP (if any)

- Fire detection, fire-fighting and life safety systems, including alarms, sprinklers,

hydrants, extinguishers, emergency exits, signage, and evacuation systems

- Safety and security systems, including CCTV, access control, boom barriers, PA

systems, emergency communication systems, and surveillance infrastructure

- IT, digital and communication systems, including servers, networks, Wi-Fi,

booking systems, monitoring applications, display systems, and hardware

- Housekeeping and sanitation infrastructure, including waste management

systems, bins, cleaning equipment, washrooms, and hygiene facilities

- Parking areas, internal roads, pathways, landscaping, gardens, open spaces, street

furniture, signage, and external utilities

- Any additional facilities, movable or immovable assets, equipment, installations,

or systems added, upgraded, or replaced during the Contract Period

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- Maintain all systems on monthly, quarterly, and annual schedules for optimal

- Apply for and maintain best in class facility management, quality management

and health and safety certifications such as ISO 41001, ISO 9001 and ISO

- The Bidder shall design, develop, deploy and maintain a monitoring application

for the Sports Complex to enable on-time review, real-time status tracking, and

reporting as specified in the contract.

IV. Events Hosting and Bidding

- Shall be completely responsible for hosting a minimum number of events as per

the KPIs agreed.

- Conduct market research to identify and assess potential events for Bidding.

- Assess feasibility and select target events aligned with strategic goals.

- Engage with stakeholders, establish partnerships, and prepare comprehensive bid

- Craft tailored proposals, negotiate with organizers, and address any concerns

during the bidding process.

- Develop detailed event plans, secure permits, and implement marketing strategies.

- Coordinate logistics, vendors, and volunteers while ensuring the complex meets

event specifications.

- Bring on board required Event Management Agencies and other Foundations

towards event delivery.

- Manage on-site operations, provide participant services, and monitor event

V. Marketing and Promotion

- Develop a strong, recognizable brand for the sports complex, highlighting its

unique selling points such as top-tier facilities and exclusive programs.

- Execute advertising campaigns across multiple platforms (print, radio, TV,

online) and utilize billboards and banners for visibility.

- Establish partnerships with schools, clubs, businesses, and organizations, and

implement sponsor activation programs.

- Bring onboard like-minded, potential organizations for funding/ sponsorships.

- Ensure consistent branding across all materials and digital channels.

- Formulate a marketing strategy to boost membership, facility usage, and

community engagement.

- Manage social media, email marketing, and a dynamic website.

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- Develop membership plans, pricing strategies, and promote club memberships

through various channels.

- Put up hoardings, and advertisements inside the allotted area and install LED,

Video Screen etc. for promotional, preferably sports-related activities with the

prior approval of GUDA officials.

VI. Finance Management

- Develop and manage annual budgets covering operational costs, capital

expenditures, and marketing.

- Track spending, monitor financial performance, and report variances.

- Submit a detailed monthly report of all incurred day-to-day expenses.

- Conduct financial forecasting and scenario planning to anticipate future

- Diversify revenue streams through ticket sales, memberships, rentals,

sponsorships, and concessions.

- Implement efficient billing systems, ensuring timely invoicing and payment

- Control operational expenses and oversee vendor contracts for cost- effectiveness.

- Ensure compliance with financial regulations and maintain strong internal

controls for asset protection and accurate reporting.

- Make all attempts to make the sports complex financially viable while

maintaining high standards of service quality and coaching.

VII. Human Resources Management

- Assess staffing needs based on operational goals and create detailed job

- Handle recruitment, onboarding, and training of new hires.

- Address employee concerns, mediate disputes, and ensure a positive work

- Develop HR policies that ensure fairness and legal compliance. Implement

programs to boost morale, engagement, and retention.

- Manage performance appraisals and training programs to enhance skills.

- Oversee compensation structures and ensure timely payroll processing.

- Ensure compliance with labor laws and maintain confidential employee records.

- Develop health and safety policies, conduct training, and manage HR systems for

efficient operations.

VIII. Housekeeping and Security

- Install, monitor and maintain an electronic access control system for the Complex.

17 Bidders Signature

- Appoint qualified staff and security for operation and maintenance of the Sports

- Ensure daily cleaning of all areas, including floors, furniture, and restrooms, with

proper waste disposal and restocking of supplies.

- Ensure specialized cleaning is conducted, such as deep cleaning of courts and

window washing, on a scheduled basis.

- Ensure security services, including regular patrols, access control via keycards or

biometrics, and CCTV monitoring, incidents, and emergencies management, and

- Maintain security presence to ensure only authorized access and prevent

unauthorized activities.

- Maintenance and Operationalization of the Parking area. All attempts should be

made to integrate technology to facilitate a seamless parking experience to the

visitors and other stakeholders.

IX. Administrative Services

- Handle general administrative tasks, including data entry, document management,

and record-keeping for facility usage, staff, and financial transactions.

- Provide excellent customer service, addressing inquiries and complaints to

enhance the visitor experience.

- Oversee financial operations, including invoicing, accounts management, and

revenue collection.

- Manage membership programs, handling registration, renewals, and

cancellations, and ensuring accurate records.

- Coordinate sports events and community activities by managing bookings,

schedules, logistics, and vendor relations for smooth execution.

- Onboard competent agency/vendor to manage and operate the kitchen/canteen/

food court in the complex.

- Ensure that the food and beverages offered in the Food court of the Sports

Complex are healthy, hygienic and relatable and as per the best industry standards

with requisite Certifications/obligations.

d. Availability for GUDA: GUDA may require the facilities annually for a maximum

period of 30 days for a specific FOP, for organizing any event or for any other purposes

and the selected bidder shall provide the same upon request of GUDA. GUDA will give

a prior notice of minimum 3 Days for the same. Events brought in by GUDA will be

funded and managed by GUDA and its corresponding agencies. Necessary support for

navigation and coordination on-site with respect to the event will be expected from the

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e. The revenue streams for the complex may be broadly categorized into the following, but

 Sporting (pay & play, renting to coaching academies)

 Event (ticketing, merchandising)

 Non-sporting (advertising, commercial leasing)

 Club memberships

f. Non-sporting revenue: The bidder may decide the ticket prices for events being hosted.

g. The bidder may bring in revenues from non-sporting sources such as sponsorships,

commercial leasing and advertising, provided they are in line with the operational

objectives of the Complex.

h. The Selected bidder will be responsible for all requisite approvals, license, and

permissions, accreditations etc. to operate and maintain the property. GUDA will

provide in a timely manner all such approvals, permissions and authorizations which the

selected bidder may require or is obliged to seek from in connection with execution of

the work and the performance of the bidder obligations.

i. The interested private service provider / agency / entity / association shall, at its own

cost, obtain and maintain comprehensive insurance for all sports equipment, assets, and

installations within the Sports Complex against all insurable risks, and shall also be fully

responsible for the safety and insurance coverage of all persons working at or visiting

the sports complex, including employees, players, coaches, trainers, officials, and

visitors, and shall bear all liabilities arising therefrom.

j. The selected bidder should keep and maintain detailed records of any defects or issues

that may arise during the defect liability period (DLP) and coordinate with relevant

agencies to rectify the same.

k. The selected bidder should familiarize themselves with all installed MEP and electrical

systems within the complex, ensuring proper operation and maintenance. The Selected

Bidder shall be responsible for any breakdown/shutdown of existing indoor and outdoor

sports facilities available in the property and shall rectify the error on immediate basis

within a minimum time frame. The cost incurred shall be treated as day-to-day expense.

l. All consumables and sports and non-sports equipment to be utilized as part of running

the complex, in addition to already available ones, will be procured by the operator as

part of the annual expenditure.

m. The Selected Bidder may provide value-added services such as snack vending machines,

juice counters, health supplement products, or other similar refreshment or entertainment

facilities within the assigned premises only. The Selected Bidder may engage or

subcontract agencies for providing such services.

n. GUDA shall have the right to inspect the premises as and when required or felt

o. At the location allocated by Gandhinagar Urban Development Authority for Sport

complex, at their own expense, the operator must provide necessary sports equipment’s,

19 Bidders Signature

qualified instructors male and female instructors, staff, light bills, electricity, water

supply, equipment maintenance, building maintenance, security, cameras, and other

supplementary equipment, and maintain the arrangement. This responsibility lies with

the PPP operator.

p. The Sports Complex will remain under the supervision of Gandhinagar Urban

Development Authority and their instructions must be followed. GUDA

officials/employees or related staff will not be responsible for any incident at the site.

q. The Annual Concession Fees shall be escalated at the rate of 5% on the Concession fees

of the previous year.

r. The following provisions shall govern the levy, collection, and regulation of fees and

charges at the sports complex:

a. The Concessionaire shall be entitled to levy and collect membership fees, coaching

and training charges, advanced training fees, and Pay & Play usage charges from

users of the Sports complex. Such fees shall be reasonable, non-discriminatory, and

commensurate with the quality of facilities and services provided.

b. The Concessionaire shall have the right to determine and revise fees, including for

advanced and specialized training programs, based on training level, infrastructure

usage, coaching expertise, and operational costs.

c. Membership for GUDA staff members shall be provided at a token price. The token

membership fee shall be decided by GUDA from time to time, and the Bidder /

Concessionaire shall be bound to accept and implement the same without any

d. Considering the Sports Complex is a public infrastructure project, GUDA reserves

the right to seek rationalization or moderation of fees, if found inconsistent with

public interest or accessibility objectives. The Concessionaire shall submit a

comprehensive rate card covering all categories of membership, coaching, training,

advanced programs, Pay & Play, and slot-wise bookings for information and record

purposes. Any subsequent revision to the approved rate structure shall be undertaken

only with prior intimation to GUDA and in accordance with the provisions of the

Concession Agreement.

6.2 Key rights of Bidder

a. Propose alterations to the operationalization plan of the Complex as per the demand

assessment of the market.

b. Enter into a strategic venture and partnership(s) for business growth in compliance

with the agreement as signed as part of the RFP. GUDA will reserve the right to

reject a partnership if it does not align to its objectives for the Complex. However,

the selected Partner will remain the key and only point of contact for GUDA on all

Complex related matters.

c. Determine fees and collect revenues from the complete facility as permitted under

20 Bidders Signature

d. Access to all documentation regarding Defect Liability period (DLP) terms

concerning the structural components of the complex.

e. Access to all documentation regarding warranty terms and conditions for all

Mechanical, Electrical and Plumbing (MEP) and electrical systems, and of sports

equipment and flooring.

f. The naming and branding at the Complex, including but not limited to references

such as "managed by [Foundation Name]" or similar attributes, shall be permitted.

The exact language, size, design, placement, and positioning of such naming and

branding shall be subject to mutual agreement at the time of contracting or as may

be further specified in writing. No such naming or branding shall be implemented

without prior written consent.

6.3 Obligations of selected bidder

a. The selected bidder shall be allowed undertake marketing and branding in the form

of temporary promotional banners/flex/standees/ digital signages in and around the

complex. Additionally, permanent advertisement hoardings may be installed with

prior written permission of GUDA, in addition to any existing hoardings, if space

allows. However, the branding/marketing activities should not reflect/portray the

selected bidder as having a joint venture or partnership of any sort with GUDA.

b. The selected bidder shall have the responsibility of watch and ward at the complex.

GUDA will not be responsible for any loss or theft of equipment or belongings of

Coaches, Agencies, Visitors, Athletes, or Members of the management operator.

c. The selected bidder shall be responsible for the proper use, maintenance, and repair

of all facilities and equipment within the sports complex. Any damage resulting

from negligence, misuse, or intentional acts by the operator or its personnel shall be

promptly repaired. GUDA shall not be liable for any delays in KPI achievement due

to operator-caused damages.

d. The selected bidder shall be responsible for implementing preventive measures to

avoid damage to the infrastructure. In cases of repeated incidents, the selected bidder

may submit an implementable corrective action plan to GUDA, detailing steps to

prevent future occurrences.

e. The selected bidder shall be wholly responsible for the achievement of all Key

Performance Indicators (KPIs) outlined in this RFP. GUDA will not assume any

liability or responsibility for the bidder's failure to meet these KPIs. It is understood

that the bidder will be fully accountable for the execution and performance of their

contractual obligations.

f. The selected Bidder shall not encumber the Project site under consideration by way

of pledge, hypothecation, mortgage, charge, lien, sub-lease, leave and sublicense or

in any other manner. The Selected Bidder is prohibited from transferring or

assigning the entire set of rights and responsibilities they have concerning the project

to another party.

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g. The Selected Bidder shall not raise any kind of finance or funding on the name of

the property under any conditions whatsoever. The Selected Bidder will only be

allowed to use the property on a ‘Right-to-use’ basis.

h. The Selected Bidder must confine their activities only within the specified area

handed over to them.

i. The Selected Bidder must employ adult and skilled manpower only and must not

employ child labor. The Selected Bidder shall be responsible to obtain all requisite

approvals & permissions from the concerned authorities as may be necessary or

required under various acts & laws applicable to such establishments. Selected

Bidder shall follow the minimum wages act. The Selected Bidder shall engage only

such workers, whose character have been thoroughly verified by police and other

formalities have been completed.

j. Any incident of misbehavior or misconduct from the deployed workforce of the

Successful Bidder towards the public shall be liable for appropriate punitive action.

k. The Successful bidder shall ensure to take all necessary measures for protection

against child abuse and must follow the guideline of POCSO (Protection of Children

from Sexual Offences) Act,

l. The Successful bidder will not allow use of any prohibited drug or substance by

anyone inside the sports complex under any circumstances in the premises.

m. The Successful bidder must ensure that there is no discrimination against any user

on the basis on caste, religion, race or sex.

n. The Concessionaire shall maintain accurate and up-to-date records of players,

visitors, coaches, trainers, staff, and other users of the Sports Complex and shall

make such records available for inspection by GUDA or its authorized

representatives at any time.

o. The Concessionaire shall make the Sports Complex and its facilities available for

local, regional, national, and international sports competitions for such duration and

on such terms as may be directed by GUDA.

p. The Concessionaire shall strictly comply with all guidelines, orders, and directions

issued by the Government or GUDA in relation to pandemics, emergencies,

disasters, lockdowns, or similar situations, and shall not be entitled to any

compensation or claim arising therefrom.

q. The Concessionaire shall immediately report all minor and major accidents or

incidents occurring within the Sports Complex to GUDA in the manner and within

the timeframe prescribed by GUDA.

r. Upon expiry or termination of the Concession Period, the Concessionaire shall

peacefully vacate and hand over possession of the Sports Complex to GUDA in

good and operable condition without any obstruction or claim.

22 Bidders Signature

s. Any offence or unlawful activity occurring within the Sports Complex shall fall

under the jurisdiction of the concerned local police station of Gandhinagar.

6.4 Counterpart Team

The Complex will have an overall Monitoring Committee which will monitor the

operations in the complex and the performance of the bidder. GUDA may employ and

seek assistance from consultants/ professional agencies to oversee the overall

achievement of objectives and KPIs as a project management agency (PMA).

6.5 Key Performance Indicators

To ensure effective management, sustainability, and achievement of objectives, the

below-mentioned KPIs are envisioned as below. The Bidder’s performance shall be

assessed against the mutually agreed KPIs established at the start of that year. Subject

to satisfactory achievement of the KPIs, the Membership rates shall be escalated. In the

event of failure to meet the prescribed KPIs for two consecutive years, GUDA shall

have the right to propose to the defined rates as per the RFP. It is to be noted that GUDA

will take no responsibility in case of non-achievement of KPIs by bidder. The survey

questionnaires shall be created annually by GUDA.

23 Bidders Signature

6.6 KPIs with Quantitative Rating

Criteria Parameter Metrics Assessment Parameter

1. User Satisfaction Members & Surveys or feedback A minimum of 20% of users of the complex should be surveyed.

and Retention Community Users mechanisms to Overall Survey Score

understand athlete Rating Overall Survey Score

satisfaction levels 1 Very Satisfied

regarding coaching, 2 Satisfied

facility management and 3 Neutral

operational 4 Dissatisfied

effectiveness. 5 Very Dissatisfied

2. Podium Representation and Verified results from Rating Points

success of results of participation relevant Sport 1 501 onwards

athletes in national and Governing Bodies 2 301 -

international 3 101 -

competitions. 4 51 -

In year 1, only those 5 Less than

athletes who have The minimum numbers for every subsequent year shall

trained at the Complex increase by a minimum of 10%. This is only applicable to

for a minimum of 90 sports that will be CoEs, for e.g., badminton, shooting, and

days will be considered. aquatics (as per the current operationalization plan)

From year 2 onwards,

only athletes who have

trained at the Complex

for at least 180 days will

be eligible for the

consideration for this

3. Community Community Number of days Rating No of days that special coaching

24 Bidders Signature

Criteria Parameter Metrics Assessment Parameter

engagement Engagement annually, that the programmes are run

and Programmes facility is utilized to 1

outreach engage disadvantaged 2

user groups such as 3

through special 4

coaching / fitness 5 <50

 Senior citizens

 Children from

4. Utilization Utilization of the Number of days Rating No of days the facility is utilized for

for events facility is for sporting annually, that the sporting events in a year for National /

events and facility is utilized for State level events

competitions local, regional, national 1 20/60

and international events 2 15/50

and competitions. 3 10/40

5. Facility Utilization Ratio Measure of ratio of Rating Utilization Score

25 Bidders Signature

Criteria Parameter Metrics Assessment Parameter

Utilization occupied to available 1 > 65% to < = 100%

hours in the facility 2 > 60% to < = 65%

The Utilization ratio shall increase by a minimum of

2.5% every year.

6. User (i) Preventive Rating Utilization Score

Criteria Maintenance 1 100% PM & ≥98% uptime - 25 marks

2 ≥98% PM & 97–98% uptime - 22 marks

MEP Maintenance ()Compliance %

3 ≥95% PM & 95–96% uptime - 18 marks

(ii) % Uptime of Critical

4 Minor repeated breakdowns - 12 marks

Systems 5 Major PM non-compliance - 0 marks

Rating Utilization Score

No. of safety incidents; % 1 No safety hazards; 100% rectification - 20 marks

Civil Infrastructure 2 Minor non-safety defects - 17 marks

defects rectified within

maintenance 3 Minor pending repairs - 14 marks

stipulated timeline

4 Delayed rectification - 08 marks

5 Major safety hazard - 0 marks

Rating Utilization Score

1 ≥95% functional - 20 marks

% Functional & Safe 2 90-94% - 17 marks

Sports equipment & Equipment 3 85-89% - 14 marks

furniture 4 75-84% - 08 marks

5 <75% or unsafe equipments - 0 marks

Rating Utilization Score

i. No. of Hygiene 1 ≥85% compliance; No major complaint -

Cleanliness & User Complaints 2 80-84% - compliance - 17 marks

Support ii. Complaint Closure 3 75-79% - compliance - 14 marks

Time 4 70-74% - 08 marks

5 <70% or repeated failure - 0 marks

26 Bidders Signature

6.7 Performance evaluation related to KPI Indicators

To ensure effective service delivery, accountability, and the long-term sustainability of

the project, the continuation of the contractual partnership shall be subject to the annual

performance of the selected Partner against a defined set of Key Performance Indicators

(KPIs), as specified in this Tender Document. GUDA reserves the right to assess the

Partner's performance at the end of each project year.

To ensure accountability, sustainability, effective service delivery and long-term

success of the project, the continuation of the partnership shall be strictly linked to the

partner Foundation annual performance against the defined KPIs.

The performance of the Foundation shall be assessed at the end of each project year

based on comprehensive set of KPIs listed above.

Performance rating methodology

 The overall performance rating will be derived as an average of the ratings received

across all KPI indicators

 Each indicator will be rated on a scale of 1 to 5, where 1 indicates highest

performance and 5 indicates the lowest.

 The final rating will determine whether the partnership will continue or be reviewed

for termination.

The final rating that shall be calculated for penalty calculation is a sum of ratings/ total

no of indicators.

Ratings Interpretation

1 Outstanding performance

>1 & <2 Excellent performance

2 Very good performance

>2 &<3 Good performance

3 Satisfactory performance

>3 & < 4 Marginal performance

4 Poor performance

>4 & < 5 Very poor performance

5 Critically low performance

1. In the event the Partner receives an average KPI rating between 3.0 and 4.0, GUDA

shall initiate a Mandatory Performance Review, requiring the Partner to submit a

Corrective Action Plan (CAP) outlining remedial measures with clear deliverables

2. A review period of three (3) months shall be granted to monitor the implementation

of the CAP. GUDA shall conduct regular interim assessments during this period.

27 Bidders Signature

3. If the Partner fails to achieve demonstrable improvement in performance within the

review period, a Final Warning shall be issued, indicating the potential for contract

termination in the event of continued non-compliance.

4. If the Partner records an average KPI rating between 4.0 and 5.0 for two consecutive

years, GUDA may propose contract termination to the Monitoring Committee,

following due process.

These provisions shall operate in addition to the general termination rights available to

GUDA applicable clause of the agreement.

6.9 Grounds for termination of contract.

In order to uphold the quality, timeliness and contractual integrity of service delivery,

the GUDA reserves the right to terminate the partnership with the Foundation under the

following circumstances:

 If the Foundation fails to commence or execute the scope of work as stipulated in the

agreement within the specified timelines, without prior written approval from GUDA

 Failure to comply with applicable statutory requirements, fulfill contractual milestones,

or repeated breach of agreement terms

 If the Foundation fails to achieve the agreed Key Performance Indicators (KPIs) for two

(2) consecutive project years, GUDA may propose termination to the Monitoring

Committee and reserves the right to discontinue the partnership upon approval

 In the event that delays extend beyond the maximum period permitted and agreed upon

with GUDA, the authority may terminate the agreement and forfeit the Performance

 If the Foundation is found to have engaged in conduct warranting debarment, such as

breach of contract, misrepresentation or abandonment of services. GUDA reserves the

right to terminate the existing contract and bar the bidder from participating in future

 No termination shall be enforced if delays or non-performance are directly attributable

to GUDA or caused by force majeure events beyond the control of the Foundation. In

such cases, appropriate extensions may be considered.

 If the Foundation does not report foreseen delays or risks in a timely manner to GUDA

and such delays materially affect project outcomes, this may be treated as non-

cooperation and grounds for termination.

6.10 Force Majeure

Neither Party shall be liable to the other Party or be deemed to be in breach of the

Agreement by reason of any delay in performing, or any failure to perform, any of its

own obligations in relation to the Agreement, if the delay or failure is due to any

For the purpose of the Agreement, “Force Majeure” is any event occurring due

to Act of God, war, war like conditions, blockades, embargoes, insurrection,

Governmental directions and intervention of defense authorities or any other

agencies of government, fire, flood, earthquake, riot, strikes, storm, volcanic

28 Bidders Signature

eruptions, typhoons, hurricanes, tidal waves, landslides, lightning explosions,

whirlwind, cyclone, tsunami, plagues or other pandemic or epidemic quarantine, lock

down, local/regional/national/global emergencies, acts of war, acts of terrorism or

sabotage, destruction of the structure and/or infrastructure, prolonged failure of

energy, revocation of approvals, no objections, consents, licenses granted by the

government, change of laws, action and/or order by statutory and/or Government

Authority, acquisition, requisition or dispossession of the land or any part thereof,

third party action or governmental or other authority or any other act of commission

or omission or cause beyond the control of the party affected thereby.

Both the Parties shall take all reasonable precautions and reasonable alternative

measures, all with the objective of carrying out the Terms & Conditions of this

Either Party may terminate the Contract if it becomes impossible or impractical to

perform due to Force Majeure; or

Any period within which a Party shall, pursuant to this Contract, complete any

action or task, may be extended for a period equal to the time during which such Part

was unable to perform such action as a result of Force Majeure. In this regard, decision

of GUDA shall be deemed final.

6.11 Right to reject

Right to reject any OR all offers failing to comply the tender conditions is reserved by

Gandhinagar Urban Development Authority, Gandhinagar.

6.12 Jurisdiction

In the event of any dispute on difference arising out of this tender / contract, the

jurisdiction of the court shall be Gandhinagar.

a. The Concessionaire shall at all times, i.e. during the subsistence of Concession Period

and at any time thereafter, defend, indemnify and hold GUDA harmless from and

against all claims including without limitation claims for breach of contract, all suits,

proceedings, actions, claims, demands, liabilities and damages which the GUDA

indemnified persons may hereafter suffer, or pay by reason of any demands, claims,

suits or proceedings arising out of claims including third party claims and expenses

(including court costs) arising out of or relating to the breach by Concessionaire of any

covenant representation or warranty or from any act or omission of the Concessionaire

or his agents, employees or sub- concessionaires.

b. The Concessionaire shall at all times, i.e. during the subsistence of Concession Period,

shall fully indemnify, hold harmless and defend the GUDA and GUDA indemnified

persons from and against any loss or damages arising out of or with respect to-

i. Failure of the Concessionaire to comply with Applicable laws and Applicable

ii. Payment of taxes required to be made by the Concessionaire in respect of income

or other taxes of Concessionaire and its representatives.

c. Non-payment of amounts due as a result of materials or services furnished to the

Concessionaire or any of its sub-concessionaires.

29 Bidders Signature

d. Third party claims for compensation and liabilities arising out of performance of

fulfilment of Concessionaire’s obligations.

It shall be deemed that by submitting the bid, the Bidder agrees and releases the GUDA,

its employees, agents, representatives and advisers, irrevocably, unconditionally, fully

and finally from any and all liability for claims, losses, damages, costs, expenses

or liabilities in any way related to or arising from the exercise of any rights and/or

performance of any obligations hereunder, pursuant

6.14 Amendments

This RFP, together with the terms of the RFP and the Schedules, constitute a complete

and exclusive statement of the terms of the Contract between the Parties on the subject

hereof and no amendment or modification hereto shall be valid and effective unless

agreed to by all the Parties hereto and evidenced in writing.

6.15 No Partnership:

Nothing contained in this RFP shall be construed or interpreted as constituting a

partnership between GUDA and Concessionaire. Neither Party shall have any authority

to bind the other in any manner whatsoever.

6.16 Liability:

In no event GUDA shall be liable to the Concessionaire for special or, indirect damages

in connection with or arising out of the furnishing, performance or use of the services

or deliverables provided by Bidder under the terms of this RFP.

6.17 Arbitration:

a. If any dispute or difference of any kind whatsoever (a “Dispute”) shall arise out of or

in connection with this Agreement between the Parties, the Parties shall attempt, for

a period of 30 (thirty) days after the receipt by one Party of a notice from the other Party

of the existence of the Dispute or difference, to settle such Dispute in the first instance

amicably by mutual discussions between the Parties. If the Dispute cannot be settled

within 30 (thirty) days by mutual discussions, the Dispute shall finally be settled by

arbitration in accordance with Arbitration and Conciliation Act, 1996 or any statutory

modification or re-enactment thereof for the time being in force.

b. All Arbitration proceedings shall be conducted in the English language. For the purpose

of such Arbitration, there shall be three Arbitrators (the “Arbitral Tribunal”)

appointed in the following manner:

i. One Arbitrator shall be appointed by the GUDA;

ii. One Arbitrator shall be appointed by the Concessionaire; and

iii. The two Arbitrators so appointed shall jointly appoint the third Arbitrator who will be

the Presiding Arbitrator.

c. The award of the Arbitral Tribunal shall be final and binding on the Parties and

shall not be questioned or challenged by either of them.

d. Arbitration shall be held at Gandhinagar and Courts at Gandhinagar alone shall

have exclusive jurisdiction to entertain and deal with the matter arising there from.

Each Party shall co-operate in good faith to expedite, to the maximum extent

practicable, the conduct of any arbitral proceedings commenced under this

30 Bidders Signature

e. The Parties shall bear their own costs and expenses of the arbitration proceedings and

equally share fees of the Arbitral Tribunal and any other expenses thereof.

6.18 Termination Payment:

Notwithstanding anything to the contrary contained in this RFP, upon termination of the

Concession, the Concessionaire shall not be entitled for any Termination Payment from

6.19 Proposal Disqualification Criteria:

The proposal is liable to be disqualified in the following cases:

a. Proposal submitted in incomplete form.

b. Proposal is not accompanied by all requisite supporting documents.

c. The bid security/document fee is not submitted or submitted in incorrect form.

d. Information submitted in bid documents is found to be misleading,

misrepresented, incorrect or false, accidentally, unwittingly or otherwise, at any

time during the processing of the contract (at any stage) or during the tenure of

the agreement including the extension period, if any.

e. Bidders may specifically note that while evaluating the proposals, if it comes to

GUDA's knowledge expressly or implied, that some bidders may have

compounded in any manner whatsoever or otherwise joined to form an alliance

resulting in delaying the processing of proposal then the bidders so involved are

liable to be disqualified for this contract as well as for a further period of two

years from participation in any of the bids floated by GUDA. It is also clarified

that if need arises GUDA would go in for appointment of outside party(s) to

undertake the work under the captioned bid.

6.20 Understanding of Terms:

By submitting a proposal, each Bidder shall be deemed to acknowledge that it has

carefully read all parts of this RFP, including all forms, schedules and annexures hereto,

and has fully informed itself as to all existing conditions and limitations.

6.21 Conflict of Interest:

Bidder shall furnish an affirmative statement as to the existence of, or potential for

conflict of interest on the part of the bidder due to prior, current contracts, engagements,

or affiliations with GUDA. Additionally, such disclosure shall address any and all

potential elements (time frame for service delivery, resource, financial or other) that

would adversely impact the ability of the bidder to complete the requirements as given

6.22 Notification of Award:

Prior to the expiration of the validity period, GUDA will notify the successful bidder

in writing or by email, that its proposal has been accepted. The notification of award

will constitute the formation of the contract.

6.23 Failure To Agree with The Terms and Conditions:

Failure of the successful bidder to agree with the Terms & Conditions of the RFP shall

constitute sufficient grounds for the annulment of the award, in which event GUDA

31 Bidders Signature

may award the contract to the next best value Bidder or call for new proposals.

6.24 Severability and Waiver:

If any provision of this RFP, or any part thereof, shall be found by any Court or

administrative body of competent jurisdiction to be illegal, invalid or unenforceable

the illegality, invalidity or unenforceability of such provision or part provision shall

not affect the other provisions of this RFP or the remainder of the provisions in question

which shall remain in full force and effect. The relevant Parties shall negotiate in

good faith in order to agree to substitute for any illegal, invalid or unenforceable

provision a valid and enforceable provision, which achieves to the greatest extent

possible the economic, legal and commercial objectives of the illegal, invalid or

unenforceable provision or part provision. No failure to exercise or enforce and no delay

in exercising or enforcing on the part of either Party to this RFP of any right, remedy

or provision of this RFP shall operate as a waiver of such right, remedy or provision

in any future application nor shall any single or partial exercise or enforcement of any

right, remedy or provision preclude any other or further such right, remedy or

provision or the exercise or enforcement of any other right, remedy or provision

6.25 Representations, Warranties and Acknowledgements:

a) Representations and Warranties of the Concessionaire

The Concessionaire represents and warrants to GUDA that:

1) It is duly organized, validly existing and in good standing under the laws of India.

2) It has to execute, deliver and perform its obligations under this RFP and to carry

out the transactions contemplated hereby.

3) It has taken all necessary corporate and other actions under Applicable Laws and

its constitutional documents to authorize the execution, delivery and performance

4) It has the financial standing and capacity to undertake the Project.

5) This RFP constitutes its legal, valid and binding obligation enforceable against it

in accordance with the terms hereof.

6) It is subject to civil and commercial laws of India with respect to this RFP and it

hereby expressly and irrevocably waives any immunity in any jurisdiction in

respect thereof.

7) The execution, delivery and performance of this RFP will not conflict with, result

in the breach of, constitute a default under or accelerate performance required by

any of the terms of the Concessionaire’s Memorandum and Articles of

Association or any Applicable Laws or any covenant, agreement, understanding,

decree or order to which it is a party or by which it or any of its properties or assets

is bound or affected.

8) There are no actions, suits, proceedings, or investigations pending or, to the

Concessionaire’s knowledge, threatened against it at law or in equity before any

court or before any other judicial, quasi-judicial or other authority, the outcome

of which may result in the breach of or constitute a default of the Concessionaire

under this RFP or which individually or in the aggregate may result in any

Material Adverse Effect.

9) It has no knowledge of any violation or default with respect to any order, writ,

injunction or any decree of any court or any legally binding order of any

Government Agency which may result in any material adverse effect or

impairment of the Concessionaire ’s ability to perform its obligations and duties

under this RFP.

10) It has complied with all Applicable Laws and has not been subject to any fines,

32 Bidders Signature

penalties, injunctive relief or any other Civil or Criminal liabilities which in the

aggregate have or may have Material Adverse Effect.

11) No representation or warranty by the Concessionaire contained herein or in any

other document furnished by it to GUDA or to any Government Agency in

relation to Applicable Permits contains or will contain any untrue statement of

material fact or omits or will omit to state a material fact necessary to make such

representation or warranty not misleading; and

12) No sums, in cash or kind, have been paid or will be paid, by or on behalf of the

Concessionaire, to any person by way of fees, commission or otherwise for

securing the RFP or entering into of the Agreement or for influencing or

attempting to influence any officer or employee of GUDA in connection

13) Without prejudice to any express provision contained in this RFP, the

Concessionaire acknowledges that prior to the execution of this RFP, the

Concessionaire has after a complete and careful examination made an

independent evaluation of the Specifications, Location and all the information

provided by GUDA and has determined to the Concessionaire ’s satisfaction the

nature and extent of such difficulties, risks and hazards as are likely to arise or

may be faced by the Concessionaire in the course of performance of its obligations

14) The Concessionaire further acknowledges and hereby accepts the risk of

inadequacy, mistake or error in or relating to any of the matters set forth in (a)

above and hereby confirms that GUDA shall not be liable for the same in any

manner whatsoever to the Concessionaire.

b) Representations and Warranties of GUDA

GUDA represents and warrants to the Concessionaire that:

1) GUDA has taken all necessary action to authorize the execution, delivery and

performance of this RFP;

2) This RFP constitutes its legal, valid and binding obligation enforceable against it in

accordance with the terms hereof.

6.26 Change Management Procedure

Any changes having technical or commercial implications will have to be

mutually agreed upon in advance, prior to making the change. In case of

situations that the impact is not dependent on one or both parties’ agreement,

the revised commercials will be effective from the date of impact.

For avoidance of doubt, the parties expressly agree that-

• Change Request shall not be effective and binding unless agreed in writing

and signed by both GUDA and Concessionaire.

• The payment of any additional cost agreed under a Change Request shall be

in addition to the payments agreed upon under this RFP/subsequent

33 Bidders Signature

6.27 No Assignment:

Neither party shall assign or transfer all or any of its rights/obligations/claims under this

arrangement including any statement of work to any person without the prior written

consent of the other party, which consent shall not be unreasonably withheld or delayed.

6.28 Miscellaneous:

a) Ownership and Protection of Property

I. GUDA shall retain the title and ownership of Sports Complexes developed by GUDA. Such

title and ownership of GUDA shall not pass to Concessionaire.

II. For the purpose of this RFP, the Concessionaire shall have rights to the use of the site for

Operation and Maintenance of the Sports Complexes as sole Concessionaire and protect the

Sports Complexes developed by GUDA subject to and in accordance with this RFP and

b) Adherence to Formats

Strict adherence to formats for submission of details asked in the RFP, wherever

specified, is required. Non-adherence to formats shall be a ground for declaring the Bid

non-responsive.

No change in, or supplementary information to a Bid shall be accepted once submitted.

However, GUDA reserves the right to seek additional information from the Bidders,

if found necessary, during the course of evaluation of the Bid. Non- submission,

incomplete submission or delayed submission of such additional information or

clarifications sought by GUDA, may be a ground for rejecting the Bid.

34 Bidders Signature

7. General terms and conditions of contract

1. A detailed monthly report of registered members must be submitted to sports division

2. Police permission and one-way traffic arrangement must be obtained for any sport

events organized by operator.

3. The Sports Complex can be used 24 hours a day. Sports activity center must have

separate male coach and female coach to guide according to the coaching knowledge.

4. The PPP operator of Sports Complex must display signboard with fee, time, required

mobile number and other required details at the Sports Activity Center.

5. For any economic, mental, physical injury or loss of life to any trainee/instructor or any

other person in the Sports Complex, all responsibility will be of the PPP operator.

GUDA (officials/employees) will not be responsible.

6. The PPP operator of Sports Complex must provide first aid box facility in the Sports

7. If the conditions mentioned by GUDA are violated or the work of the organization is

not satisfactory, GUDA can take back the Sports Complex possession after showing

cause without any reason. Final decision in this regard will be of Chief executive

8. In the event of any dispute arising out of or under this contract the decision of Chief

Executive Authority of GUDA, Gandhinagar OR any officer authorized by Chief

Executive Authority shall be the final and binding to the parties/agencies to this

9. In unavoidable circumstances, if the annual contract is canceled or other arrangements

are made by PPP or GUDA, the final decision will be of Chief Executive Authority.

10. The submitted bid is for the Gandhinagar Sports Complex as it is known and visited by

the bidder. And it should be understood that during the year any natural disaster or

epidemic occurs, no increase or assistance will be paid by GUDA at that time.

11. Conditional tender will not be accepted.

12. The PPP operator of Sports Complex cannot terminate the contract without written

notice six months before. If the PPP Operator terminates the Concession Agreement

before the expiry of the scheduled Concession Period without providing the requisite

six-month written notice, the PPP Operator shall be liable to pay, as penalty, a sum

equivalent to the Annual Concession Fee applicable for the Contract Year in which

such termination occurs.

35 Bidders Signature

13. GUDA shall have the right to utilize the Sports Complex or any part thereof, as

allocated by GUDA, without payment of any charges. The Concessionaire shall be

informed of such usage in advance.

14. Regarding interpretation of above terms and conditions and in future, the

decision/order/instruction of Chief executive Authority (GUDA) will be considered

final regarding any arising question except the mentioned terms and conditions at any

time and making modifications in terms and conditions. The organization must accept

15. Chief executive Authority (GUDA) can cancel the entire tender/tender process without

showing any reason.

16. Required lights and fans must be installed and kept in working condition in the Sports

Complex buildings.

17. All equipment should be kept in working condition in the Sports Complex. Maintenance

of broken or damaged equipment should be done immediately (within 7 days). If this is

not done and public complaint is received, Rs.5000/- penalty per day per equipment

will be recovered. Equipment that cannot be repaired should be replaced with new

18. Daily cleaning of Sports Complex and Sports Complex premises should be done

regularly. Similarly, all equipment like toilets, urinals, floors, terraces, doors, windows,

fans, lights etc. should be cleaned regularly in the Sports Complex. If any complaint is

received, Rs.1000/- penalty per day will be recovered.

19. GST amount determined by government will be paid separately by the contractor in

addition to the rent.

20. All required permits and necessary certificates like professional tax, sales tax certificate

etc. must be obtained by the contractor for operating the Sports Complex on PPP basis.

And any government/semi-government/private organization's tax must be paid.

21. The Concessionaire shall pay the annual lease rent in advance at the beginning of each

Contract Year. A moratorium period of two (2) months from the date of award of work

shall be granted for operational setup, during which no lease rent shall be payable.

Thereafter, rent shall be payable in advance as per the Agreement.

22. The Concessionaire must take approval from the corporation for the entry form,

member ID card, and member must be given a receipt at the place of payment

immediately after paying money. And necessary registers must be maintained.

23. In the event of any damage to the Sports Complex or its assets attributable to the

Concessionaire, the cost of such damage shall be recovered from the Security Deposit.

In case the cost of damage exceeds the Security Deposit amount, the balance amount

shall be recovered through legal means, which shall be binding on the Concessionaire.

36 Bidders Signature

24. All notices/notifications of sports complex must be written on the board in Gujarati as

well as English language.

25. The ownership of the Sports complex remains with GUDA.

26. If the upset value stated in the tender is greater than the offer given, that tender offer

will be considered rejected by itself.

27. The contract can be terminated with 7 days’ notice if found necessary by GUDA. The

agency must refund the premium amount paid on pro-rata basis.

28. The tenderer should note that sports complex should not be used for any type of

prohibited drugs, goods, materials, drinks (like alcoholic drinks) or misuse, store, sell,

transfer at the allocated Sports Complex space. If found particularly, necessary action

will be taken by the police complaint. PPP operator shall do the necessary actions for

29. The Selected Bidder/PPP Operator shall be permitted to undertake advertising,

branding, sponsorship display, installation of kiosks, refreshment counters, and

organization of competitions/tournaments within the Sports Complex for the purpose

of revenue generation, strictly subject to prior written approval of Gandhinagar Urban

Development Authority (GUDA). Any type of additional construction in the sports

complex cannot be done without GUDA permission. However, the branding/marketing

activities should not reflect/portray the selected bidder as having a joint venture or

partnership of any sort with GUDA.

All such activities shall comply with applicable laws, regulations, and advertising

guidelines, and shall preserve the aesthetic, safety, and sporting character of the

Complex. Installations shall not obstruct play areas, spectator views, or emergency

access, nor contain any illegal or objectionable content, and shall be placed only at

locations and in sizes approved by GUDA.

No permanent structural alteration shall be undertaken without prior written consent of

GUDA, and all temporary installations shall be removed upon expiry, termination, or

as directed by GUDA. GUDA reserves the right to approve, reject, modify, or require

removal of any such activity at its sole discretion, and its decision shall be final and

binding on the Operator.

30. Students duly enrolled in Government educational institutions shall be granted

complimentary access to the Sports Complex, inclusive of sports coaching services and

library facilities. The modalities, timing, and operational guidelines for such free access

shall be as prescribed by GUDA from time to time.

31. All electricity expenses shall be borne by the Concessionaire.

32. Any other facility or modification to be made for PPP operation should be obtained

with prior approval of GUDA.

37 Bidders Signature

33. The successful bidder shall furnish a Performance Security of ₹2,40,000/- (Rupees Two

Lakh Forty Thousand Only) in the form of a Demand Draft (DD) or Fixed Deposit

Receipt (FDR) issued by an approved bank, within the time period stipulated by the

Authority. In case of delay in submission of the Performance Security, a late fee of

₹5,000/- (Rupees Five Thousand Only) per day shall be levied for each day of delay,

which shall be recovered from the bidder.

34. The agency must give performance guarantee of Rs. 30,00,000/- as bank guarantee. If

the agency violates the conditions for operating the Sports Complex, breaches tender

terms and conditions, and does not operate as per the agreement, action will be taken

as per the decision by competent authority in unavoidable circumstances before the

scheduled time.

35. Upon completion of the initial concession period of seven (7) years, including any

approved extension of three (3) years, the PPP Operator shall hand over peaceful and

vacant possession of the entire project site to Gandhinagar Urban Development

Authority (GUDA), along with all buildings, civil works, fixtures, furniture, equipment,

instruments, installations, and other assets created, installed, or procured under the

Project, in good working condition subject to normal wear and tear. After expiry of the

said period (7 + 3 years, if extended), the PPP Operator shall have no right, title, interest,

or claim of any nature whatsoever over the project assets or premises. The decision of

Gandhinagar Urban Development Authority (GUDA) in this regard shall be final and

binding on the Operator.

36. Entry to the sport complex will be given to all persons without any caste, class, or

gender discrimination. Members should be treated equally.

37. The Concessionaire shall ensure that all the rules, regulations and guidelines of

COVID-19 Pandemic and any such future rules, regulations or guidelines pertaining to

any emergency situation, lockdown etc. are to be followed.

38. The responsibility of safety of all the players, coaches, trainers, visitors, people using

such Sports Complex shall vest with the Concessionaire and in no event will GUDA

/any Concerned Authority assume such responsibility or liability or for payment of any

compensation. The Concessionaire shall be required to take adequate insurance to cover

39. The Concessionaire shall immediately notify and report all minor/major accidents in

the Sports Complexes to the GUDA.

40. The GUDA or its authorized representatives shall have access at all hours to the site or

any part thereof and inspect the services provided by the Concessionaire.

41. Concessionaire shall comply with the laws of land including notifications and guidelines

from Ministry of Sports and Youth Affairs issued from time to time, National Sports

Policy and/or any notifications/guidelines/rules by Sports Law and Welfare Association

of India, Sports Authority of India, the Sports Broadcasting Law in India or any

applicable law, for Operation and Maintenance of the Sports Complexes. GUDA shall

not be held liable for any change/modification in these laws/guidelines/rules which

adversely affect this Agreement. Concessionaire shall have no right/claim in this

regard, whatsoever the reason may be.

38 Bidders Signature

42. All applicable property tax, water tax, cleaning tax, municipal levies, and any other

statutory taxes or charges during the Concession Period shall be borne and paid by the

Concessionaire, without any liability on the Authority.

8. Details of Gandhinagar Sports Complex facilities and minimum monthly rent for

Sr. Name of Sports Complex Zone/Ward Tentative Minimum

No. Area Monthly Rent

1 Gandhinagar Sports - 26,400 2,00,000/-

Complex at at TP-09, F.P.- sq.m*

Note: Necessary equipment, necessary male and female coaches, cleaners, staff, lights, fans,

water with water facilities, equipment maintenance, building maintenance, security, CCTV

camera and other necessary amenities for Sports Complex allocated by Gandhinagar Urban

Development Authority must be arranged and maintained by the PPP operator at own cost at

the designated space.

-The Annual Concession Fee shall increase by 5% every year on the Concession Fee of the

preceding year throughout the Concession Period.

Applicant/Organization Signature with Stamp

39 Bidders Signature

9.1 Bid Submission Form

Gandhinagar Urban Development Authority

Near "kh-0" Circle, S. G. Highway,

Sargasan, Gandhinagar - 382

RFP dated ______[date] for ______ [name of assignment]

With reference to your RFP Document dated ____[date], we, having examined all relevant

documents and understood their contents, hereby submit our Technical Proposal for selection

as ______ [name of assignment]. The Proposal is unconditional and unqualified.

We are submitting our Proposal as [sole applicant] [insert a list with full name and address of

If negotiations are held during the period of validity of the Proposal, we undertake to negotiate

in accordance with the RFP. Our Proposal is binding upon us, subject only to the modifications

resulting from technical discussions in accordance with the RFP.

We understand you are not bound to accept any Proposal you receive.

1. We acknowledge that GUDA will be relying on the information provided in the Proposal

and the documents accompanying the Proposal for selection of the Bidder, and we certify

that all information provided in the Proposal and in the supporting documents is true and

correct, nothing has been omitted which renders such information misleading; and all

documents accompanying such Proposal are true copies of their respective originals.

2. This statement is made for the express purpose of appointment as the Bidder for the

aforesaid Project.

3. We shall make available to GUDA any additional information it may deem necessary or

require for supplementing or authenticating the Proposal.

4. We acknowledge the right of GUDA to reject our application without assigning any reason

or otherwise and hereby waive our right to challenge the same on any account whatsoever.

5. We certify that in the last 3 (three) years, we 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 Applicant, nor been expelled from any

project or contract by any public authority nor have had any contract terminated by any

public authority for breach on our part.

40 Bidders Signature

6. We declare that:

a) We have examined and have no reservations to the RFP, including any Addendum

issued by the Authority.

b) We do not have any conflict of interest in accordance with the terms of the RFP.

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 the RFP document, in respect of any tender or request

for proposal issued by or any agreement entered into with GUDA or any other public

sector enterprise or any government, Central or State; and

d) We hereby certify that we have taken steps to ensure that no person acting for us or on

our behalf will engage in any corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice.

7. We understand that you may cancel the selection process at any time and that you are

neither bound to accept any Proposal that you may receive nor to select the Bidder, without

incurring any liability to the Applicants

8. We certify that in regard to matters other than security and integrity of the country, we or

any of our affiliates have not been convicted by a court of law or indicted or adverse orders

passed by a regulatory authority which would cast a doubt on our ability to undertake the

Services for the Project or which relates to a grave offence that outrages the moral sense

of the community.

9. We further certify that in regard to matters relating to security and integrity of the country,

we have not been charge-sheeted by any Bidder of the Government or convicted by a court

of law for any offence committed by us or by any of our affiliates. We further certify that

neither we nor any of our consortium members have been barred by the central

government, any state government, a statutory body or any public sector undertaking, as

the case may be, from participating in any project or bid, and that any such bar, if any,

does not subsist as on the date of this RFP

10. We further certify that no investigation by a regulatory authority is pending either against

us or against our affiliates or against our MD or any of our Directors/ Managers/

11. We hereby irrevocably waive any right or remedy which we may have at any stage at law

or howsoever otherwise arising to challenge or question any decision taken by GUDA in

connection with the selection of the Bidder or in connection with the selection process.

12. We agree and understand that the proposal is subject to the provisions of the RFP

document. In no case, shall we have any claim or right of whatsoever nature if the Services

for the Project is not awarded to us or our proposal is not opened or rejected.

13. In the event of our being selected as the Bidder, we agree to enter into a Contract in

accordance with the contract prescribed in the RFP. We agree not to seek any changes in

the aforesaid form and agree to abide by the same.

14. We have studied RFP and all other documents carefully. We understand that except to the

extent as expressly set forth in the Contract, we shall have no claim, right or title arising

out of any documents or information provided to us by GUDA or in respect of any matter

arising out of or concerning or relating to the selection process including the award of

41 Bidders Signature

15. This Technical Proposal read with the Financial Proposal shall be binding on us.

16. We agree and undertake to abide by all the terms and conditions of the RFP Document.

Yours sincerely,

Name and Title of Authorized Signatory:

(Name and seal of the Applicant/Member in Charge)

42 Bidders Signature

9.2 Bidder’s Information

Sr No. Particulars Details

1. Name of the Bidder

2. Address of the Bidder

3. Incorporation status of the Bidder

(Relevant Certificate to be submitted in

4. Year of Establishment

5. Valid GST Registration No. (Copy of

certificate to be submitted)

6. Permanent Account No. (PAN) (Copy

of PAN Card to be submitted)

7. Name and Designation of the contact

person to whom all references shall be

made regarding this Bid

8. Telephone No. (with STD Code)

9. E-mail id of the Contact Person

10. Fax No. (with STD Code)

11. Website (if any)

Name of the Bidder

Signature of the Authorised Signatory

Name of the Authorised Signatory

Note: Please attach relevant documents like Power of Attorney, Certificate of Incorporation,

GST IN, TAN, PAN.

43 Bidders Signature

9.3 Financial Capacity

TO WHOMSOEVER IT MAY CONCERN

This is to certify that as the Average annual turnover of the organization is ₹ ……………… lakhs

for the last 3 financial years. Based on its books of accounts and other published information

authenticated by it, this is to certify that………………………………………….… (Name of the

Bidder) had, over the last three Financial Years, a Total turnover of the organization is

₹.......................................... Lakhs as per year-wise details noted below:

Financial Year Total Turnover (in lakhs)

Certificate from the Statutory Auditor

This is to certify that [name of company] [registered address] has received the payments

shown above against the respective years.

Unique Document Identification Number (UDIN):

Name of Authorized Signatory:

Name of the audit firm/ Chartered Accountant:

Seal of the audit firm:

(Signature, name and designation and registration Number of the Chartered accountant)

Note: Please provide certified copies of Audited Financial Statements of the

organization/bidder for over the last three Financial Years

9.4 Bidder’s Experience

The bidder/firm should have relevant experience as mentioned in the technical criteria of this

44 Bidders Signature

Facility Name: Approx. value of the contract (in INR in Lakhs):

Country: Duration of collaboration*(months with start

Location within country:

(please mention if ongoing)

Name of Client & Address:

No. of staff members deployed:

Narrative Description of Project:

Description of relevant support provided by your staff within the assignment:

• Use Separate Sheet for each assignment.

• Supporting documents such as copies of documents as stipulated in the Eligibility

Criteria & Technical Evaluation Criteria to be attached.

Assignments that are not supported by documentary evidence shall not be considered for

45 Bidders Signature

9.5 Curriculum Vitae of Personnel

Name of Professional:

Country of Citizenship/Residence:

Total years of work experience

Name of Institution Degree Obtained Year of Obtainment

Countries of work experience

Employment record

Name of Organization Position Held Duration

Brief write-up of overall experience:

Work Experience:

Detailed Tasks Assigned Reference to Prior Work/Assignments that Best Illustrate Work

Name of Assignment:

Project Details:

Main project features:

Activities performed:

46 Bidders Signature

9.6 JOINT BIDDING AGREEMENT

(Consortium Agreement)

(If applicable)

(Not more than 2 members) (to be executed by the Members)

(On Requisite Stamp Paper)

THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of

1. {………… Limited, a company incorporated under the Companies Act, 1956} and

having its registered office at ………… (hereinafter referred to as the “First Part”

which expression shall, unless repugnant to the context include its successors and

permitted assignees)

2. {… Limited, a company incorporated under the Companies Act, 1956} and having

its registered office at …… (hereinafter referred to as the “Second Part” which

expression shall, unless repugnant to the context include its successors and permitted

The above-mentioned parties of the FIRST and SECOND PART are collectively referred to

as the “Parties” and each is individually referred to as a “Party”

(A) Gandhinagar Urban Development Authority (GUDA) having registered office

at “GUDA BHAVAN” Nr.KH-0 CIRCLE, S.G. HIGHWAY, SARGASAN,

47 Bidders Signature

Gujarat (India) (referred to as the “GUDA” which expression will, unless

repugnant to the context or meaning thereof, include its administrators, successors

and assignees) has invited Bids (the “Bids”) by its Request for Proposal No. [ ]

dated [ ] (the “RFP”) for “Selection of a Concessionaire for Operation and

Maintenance of THE SPORTS COMPLEX At T.P.09,F.P.154, Sargasan

Gandhinagar “as per the terms of RFP.

(B) The Parties hereto are commonly interested in jointly bidding for the Project

as members of a Consortium in accordance with the Terms and Conditions of

the RFP document and other bid documents in respect of the Project.

(C) Each Party has studied and examined the RFP document and contents thereof

and thereafter has joined and commonly decided to participate in the Bidding

Process for this Project.

(D) It is a necessary condition under the RFP that the Members of Consortium will

enter into a Consortium Agreement and furnish a copy of it with the Bid.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and interpretations

In this Agreement, the capitalized terms will, unless the context otherwise

requires, have the meaning ascribed thereto under the RFP.

2.1 The Parties do hereby irrevocably constitute a consortium (the

“Consortium”) for the purposes of jointly participating in the Bidding

Process for the Project.

2.2 The Parties hereby undertake to participate in the Bidding Process only

through this Consortium and not individually and/or through any other

consortium constituted for this Project, either directly or indirectly or

through any of their Associates.

The Parties hereby undertake that in the event the Consortium is declared

the Successful Bidder and awarded the Project, for entering into a

Concession Agreement with GUDA for the purpose of executing the Project

and for performing all its obligations as the Developer in terms of the RFP.

4. Role of the Parties

48 Bidders Signature

The Parties hereby undertake to perform the roles and responsibilities as described

a) Party of the First Part shall be the Lead member of the Consortium and

shall have the power of attorney from all Parties for conducting all

business for and on behalf of the Consortium during the Bidding Process

and as per the terms of the Concession Agreement when all the obligations

of the SPV shall become effective;

b) Party of the Second Part shall {define the role of the party}

5. Joint and Several Liabilities

5.1 The Parties do hereby undertake to be jointly and severally responsible and

liable for all obligations and liabilities relating to the Project and in accordance

with the terms of the RFP documents and the said Concession Agreement, till

such time the Project is completed and achieved under and in accordance with

RFP documents and the said Concession Agreement.

5.2 The Parties further undertake to be jointly and severally liable to GUDA, to

perform all their contractual obligations in terms of the said Concession

6. Shareholding in the SPV

6.1 The Parties agree that the proportion of shareholding among the Parties in the

SPV shall be as follows:

6.2 The Lead Member of the Consortium shall not have less than 51% of the

Shareholding, at all times till completion of the Project in terms of the RFP.

6.3 If the Parties needs to change the Percentage of the Shareholding during the

Concession Period, the Parties shall obtain prior written consent from GUDA

6.4 The Parties undertake that they shall comply with all equity lock-in

requirements as per the terms of the RFP documents and the Concession

7. Representations of the Parties

Each Party represents to the other Parties and also to GUDA as of the date of

this Agreement that:

49 Bidders Signature

(a) Such Party is duly organized, validly existing and in good standing

under the laws of its incorporation and has all requisite power and

authority to enter into this Agreement;

(b) The execution, delivery and performance by such Party of this

Agreement has been authorized by all necessary and appropriate

corporate or governmental action and a copy of the extract of the charter

documents and board resolution/power of attorney in favour of the

person executing this Agreement for the delegation of power to execute

this Agreement on behalf of the Consortium Member is annexed to this

Agreement, and will not, to the best of its knowledge:

(i) require any consent or approval not already obtained;

(ii) violate any Applicable Law presently in effect and having

applicability to it;

(iii) violate the memorandum and articles of association, by-laws or

other applicable organizational documents thereof;

(iv) violate any clearance, permit, license, grant, concession or other

governmental authorization, approval, judgment, order or decree

or any mortgage agreement, indenture or any other instrument to

which such Party is a party or by which such Party or any of its

properties or assets are bound or that is otherwise applicable to

(v) create or impose any liens, mortgages, pledges, claims, security

interests, charges or Encumbrances or obligations to create a

lien, charge, pledge, security interest, encumbrances or mortgage

in or on the property of such Party, except for encumbrances that

would not, individually or in the aggregate, have a material

adverse effect on the financial condition or prospects or business

of such Party so as to prevent such Party from fulfilling its

obligations under this Agreement;

(c) this Agreement is the legal and binding obligation of such Party,

enforceable in accordance with its terms against it; and

(d) there is no litigation pending or, to the best of such Party's knowledge,

threatened to which it or any of its Affiliates is a party that presently

affects or which would have a material adverse effect on the financial

condition or prospects or business of such Party in the fulfilment of its

obligations under this Agreement.

This Agreement shall be effective from the date hereof and shall continue

in full force and effect until the completion of the Project is achieved and

till the obligations of the Bidders/SPV under the RFP documents and in

accordance with the Concession Agreement remains continue, in case the

Project is awarded to the Consortium. However, in case the Consortium is

either not pre- qualified for the Project or does not get selected for award

of the Project, the Agreement will stand terminated in case the Bidder is

50 Bidders Signature

not prequalified or upon return of the Bid Security/ EMD by GUDA to the

Bidder, as the case may be.

9. Miscellaneous

9.1 This Consortium Agreement shall be governed by the laws of India.

9.2 The Parties acknowledge and accept that this Agreement will not be amended

by the Parties without the prior written consent of GUDA.

9.3 The competent courts at Gandhinagar shall have exclusive jurisdiction over all

disputes arising under, pursuant to and/or in connection with this Consortium

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED

AND DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE

SIGNED, SEALED AND SIGNED, SEALED AND

DELIVERED for and on behalf of the DELIVERED for and on behalf of the

PARTY OF THE FIRST PART by: PARTY OF THE SECOND PART by:

Signature) Signature)

(Designation) (Designation)

(Address) (Address)

In the presence of:

1. The mode of the execution of the Consortium Agreement should be in

accordance with the procedure, if any, laid down by the Applicable Law and the

charter documents of the executants

(s) and when it is so required, the same should be under common seal affixed in accordance

with the required procedure.

2. Each Consortium Agreement should attach a copy of the extract of the charter

documents and documents such as resolution/power of attorney in favor of the

person executing this Agreement for the delegation of power to execute this

Agreement on behalf of the Consortium Member.

For a Consortium Agreement executed and issued overseas, the document shall be legalized by

51 Bidders Signature

9.7 FORMAT OF POWER OF ATTORNEY FOR LEAD MEMBER OF

CONSORTIUM/GROUP

(For both Joint Venture or MOU, as applicable) (On Requisite Stamp Paper)

Whereas the Gandhinagar Urban Development Authority (“GUDA”) has invited Bids from

interested parties for the “Selection of Concessionaire for operation and maintenance (O&M)

of Gandhinagar Sports Complex, TP-09, F.P.-154 (Sargasan) under the jurisdiction of

Gandhinagar Urban Development Authority (GUDA)”.

Whereas, ......., ………….and………… (collectively the “Consortium”/ “Group Members”)

being Members of the Joint Venture/MOU are interested in bidding for the Project in

accordance with the terms and conditions of the Request for Proposal document (RFP) and

other connected documents in respect of the Project, and

Whereas, it is necessary for the Members of the Joint Venture/MOU to designate one of them

as the Lead Member with all necessary power and authority to do for and on behalf of the

Consortium/Group, all acts, deeds and things as may be necessary in connection with the

Consortium’s/Group Member’s Bid for the Project and its execution, with GUDA.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, (1) having our registered office at , (2) M/s. having our registered

office at and (3) M/s. having our registered office at , (the respective names and

addresses of the registered office of consortium/ members) (hereinafter collectively referred to

as the “Principals”) do hereby irrevocably designate, nominate, constitute, appoint and

authorize M/s. having its registered office at , being one of the Members of the

Consortium/Group, as the Lead Member and true and lawful attorney of the Consortium/Group

(hereinafter referred to as the “Attorney”). We hereby irrevocably authorize the said Attorney

(with power to sub- delegate) to conduct all business and affairs related to the Project for and

on behalf of the Consortium/Group and any one of us, during the bidding process and, in the

event the Consortium/Group being awarded the work of for Operation and Maintenance of

Sports Complex on THE GANDHINAGAR SPORTS COMPLEX At T.P.09,F.P.154,

Sargasan , Gandhinagar, during the execution of the work and in this regard, to do on our behalf

and on behalf of the Consortium/Group, all or any of such acts, deeds or things as are necessary

or required or incidental to the pre-qualification of the Consortium/Group and submission of

its bid for the Project, including but not limited to signing and submission of all Bids, bids and

other documents and writings, participate in bidders and other conferences, respond to queries,

submit information/documents, sign and execute contracts and undertakings consequent to

acceptance of bid of the Consortium/Group and generally to represent the Consortium/Group

in all its dealings with GUDA, and/ or any other Government Agency or authority or any

person, in all matters in connection with or relating to or arising out of the

Consortium’s/Group’s bid for the work of for Operation and Maintenance of THE

GANDHINAGAR SPORTS COMPLEX At T.P.09,F.P.154, Sargasan , Gandhinagar and/ or

upon award thereof till the Concession Agreement is entered into with GUDA.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds

and things done or caused to be done by our said Attorney pursuant to and in exercise of the

powers conferred by this Power of Attorney and that all acts, deeds and things done by our

52 Bidders Signature

said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to

have been done by us/Consortium/Group and shall be binding on us.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS DAY OF 20**

………………………….. (Name & Title)

………………………….. (Name & Title)

………………………….. (Name & Title)

2. ……………………………………. (Executants)

(To be executed by all the Members of the Consortium/Group)

(1) The mode of execution of the power of attorney should be in accordance with the

procedure, if any, laid down by the applicable law and the charter documents of

the executant(s) and when it is so required, the same should be under common seal

affixed in accordance with the required procedure.

(2) Wherever required, the Bidder should submit for verification the extract of the

charter documents and documents such as a board or shareholders' resolution/

power of attorney in favour of the person executing this power of attorney for the

delegation of power hereunder on behalf of the Bidder.

(3) For a power of attorney executed and issued overseas, the document will also have

to be legalized by the Indian Embassy and notarized in the jurisdiction where the

power of attorney is being issued. However, the power of attorney provided by

Bidders from countries that have signed The Hague Legislation Convention,

are not required to be legalized by the Indian Embassy if it carries a conforming

Apostle certificate.

53 Bidders Signature

9.8 MEMORANDUM OF UNDERSTANDING (MOU)

(If applicable)

(to be executed by the Members)

(On Requisite Stamp Paper)

This Memorandum of Understanding (“MOU”) made at Gandhinagar on this

, Address: (which expression shall, unless it be repugnant to the context or

meaning thereof be deemed to mean and include its successors and assignees) of the FIRST

, Address: (which expression shall, unless it be repugnant to the context or

meaning thereof be deemed to mean and include its successors and assignees) of the

*If there are more than 2 (two) Parties, required details of all the parties shall be specified

and shall be hereinafter referred collectively as “PARTIES” and

individually as “PARTY”.

A. Brief of First Party:

B. Brief of Second Party:

*If there are more than 2 (two) Parties, required details of all the parties shall be specified

In furtherance of the same, the Parties are desirous of entering into this MOU for Operation

and Maintenance of Gandhinagar Sports Complex at T.P.09, F.P.154, Sargasan, Gandhinagar

on the terms and conditions as per the RFP and set out herein below.

NOW THEREFORE, THIS MEMORANDUM OF UNDERSTANDING

WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES

Scope of Work of the Parties:

Each Party agrees to oblige for the Operation and Maintenance

of the Sports Complexes and carry out responsibilities as per

54 Bidders Signature

Activities to facilitate the Operations and Maintenance of the Sports Complex:

The parties will endeavour to co-operate and engage in

activities to facilitate the Operation and Maintenance of the

Sports Complexes.

Responsibilities and Obligations of the Parties:

*If there are more than 2 (two) Parties, required details of all the parties shall be specified

The Parties hereby undertake that in the event the Parties are collectively

declared as the Successful Bidder and awarded the Project, the Parties shall

appoint a Lead Member who shall liaison with GUDA or its representatives and

to be responsible for all necessary exchange of information throughout the

Concession Period in terms of the said Concession Agreement for the Project.

The Parties further undertake to be jointly and severally liable to GUDA, to

perform all their contractual obligations as per the terms and conditions of the

RFP, Work Order and Concession Agreement thereof.

This MOU shall be governed by the laws of India.

The members acknowledge and accept that this MOU will not be amended by

the Parties without the prior written consent of GUDA.

The competent courts at Gandhinagar shall have exclusive jurisdiction over all

disputes arising under, pursuant to and/or in connection with this MOU.

In case of any dispute under this MOU, the group members of this MOU shall

indemnify GUDA and its employees, agents, consultants, representative against

any disputes/claims in this regard.

Term and Termination

The understanding set out in this MOU shall commence from the date of

execution of this MOU. Such period may further be renewed with written

consent of the Parties.

It is agreed by and between the Parties that nothing stated herein shall entitle

either of the Parties to claim any equities from the other Party in relation to this

55 Bidders Signature

This MOU shall be effective from the date hereof and shall continue in full force

and effect until the completion of the Project is achieved and till the obligations

of the Bidders/ SPV under the RFP documents and in accordance with the

Concession Agreement, in case the Project is awarded to the Parties of this MOU.

However, in case the Parties of this MOU are either not pre-qualified for the

Project or does not get selected for award of the Project, the MOU shall stand

terminated in case Parties are not prequalified or upon return of the Bid Security/

EMD by GUDA to the Bidder, as the case may be.

The Parties also agree that they shall not terminate this MOU prior to the

completion of the Concession Period or early termination of the Concession

The Parties to this MOU are independent and are not agents of each other, joint

ventures’, partners or joint parties to a formal business organization of any kind.

Neither Party is authorized or empowered to act on behalf of the other, with

regard to any contract, warranty or representation as to any matter and neither

Party will be bound by the acts or conduct of the other. Each Party will maintain

sole and exclusive control over its own personnel and operations.

Treatment Of “In Confidence” material

Neither Party will disclose or distribute any information that is supplied and

marked, or stated to be "in-Confidence" by the originating Party, except as, and

to the extent authorized, by the originating Party.

IN WITNESS WHEREOF the Parties hereto have hereunto set and

subscribed the respective hands and seals on the day and year hereinabove

SIGNED AND DELIVERED

By the within named

Through its Authorized Signatory

SIGNED AND DELIVERED

By the within named___________

56 Bidders Signature

Through its Authorized Signatory

57 Bidders Signature

9.9 UNDERTAKING REGARDING LITIGATION/ARBITRATION

(To Be Furnished on Company Letter Head)

Executive Engineer,

“GUDA BHAVAN” Nr.KH-0 CIRCLE,

S.G. HIGHWAY, SARGASAN,

[email protected]

Sub: Bid for Operation and Maintenance of THE SPORTS COMPLEX At

T.P.09, F.P.154, Sargasan, Gandhinagar, Gujarat, India

We hereby confirm and declare that we, M/s, does not have any

litigation/Arbitration History with any Government Department/Public Sector

Undertaking/Private Sector/or any other agency for which we have Executed/

Undertaken the works/Services during the last 5 years.

Yours faithfully,

Authorized Signatory

For and on behalf of…………………….

58 Bidders Signature

9.10 The Layout of Sports Complex

On the T.P.-09, F.P.-154, Sargasan On Swagat Flamingo Built-up area around

59 Bidders Signature

9.11 Facility details

Sports Facilities - Ground Floor

Sr.No. Facilities Remarks

1 SWIMMING POOL 1 50 m (Length)X25 m(width)

2 TABLE TENNIS 10 -

3 BADMINTON 5 -

BALL/BASKET BALL

47.7 m (Length)X11.2

22.60 m (Length)X11.70

7 MULTI PURPOSE HALL

8 LAWN TENNIS 3 -

9 MINI FOOTBALL 1 -

OUT DOOR VOLLEY

BALL/BASKET BALL

11 BOX CRICKET 1 -

43.5 m (Length)X17.0

60 Bidders Signature

Sports Facilities - First Floor

Sr.No. Facilities Remarks

1 GYMNASIUM 1 -

YOGA, AEROBICS AND FLOOR

108 Person Seating

4 KARATE/JUDO 1 -

5 10 METER SHOOTING RANGE 1 -

SWIMMING POOL (VIEWING 147 Person Seating

GALLERY) Capacity

INDOOR VOLLY BALL/BASKET 100 Person Seating

BALL (VIEWING GALLERY) Capacity

BADMINTON (VIEWING 128 Person Seating

GALLERY) Capacity

OPEN ACTIVITY (VIEWING 222 Person Seating

GALLERY) Capacity

61 Bidders Signature

10. Part - B (Price Bid)

Monthly Rent Fees (Rs.)

Description Monthly Rent Fees (Rs.)

Operation and Maintenance To be quoted online To be quoted online

(O&M) of Gandhinagar Sports

Complex under the jurisdiction

of Gandhinagar Urban

Development Authority on

Public Private Partnership

basis for seven plus three

extendable years

1. As per the Qualification Criteria, only the Price Bids of the Bidders who are found

qualified in the technical evaluation shall be opened.

2. The Bidder shall quote the amount exclusive of the prevailing Goods and Services

Tax (GST). The applicable GST shall be paid extra.

3. The Bidder shall quote a monthly rent fee higher than the prescribed minimum

monthly rent fee. Any bid quoting a rent fee lower than the minimum specified

amount shall be rejected.

4. The Price Bid to be submitted online only through https://tender.nprocure.com

5. The selected PPP Operator shall pay the quoted Rent to GUDA on a quarterly advance

basis, with the Rent being escalated by 5% every year on the Rent of the immediately

preceding year.

6. All electricity charges and related expenses for operation of the Sports Complex shall

be borne entirely by the Bidder/Concessionaire.

7. All applicable property tax, water tax, cleaning tax, municipal levies, and any other

statutory taxes or charges during the Concession Period shall be borne and paid by the

Concessionaire, without any liability on the Authority.

62 Bidders Signature