Nashik Municipal Corporation, Nashik

Tender Notice No. 03/01 (2024-2025)

Request for Qualification

“Inviting Request for Qualification (RFQ) for Implementation of various sewerage schemes and
rehabilitation/ upgradation of existing STPs or construction of new STPs at Nashik on PPP/HAM
model”.

Application Fees: Rs. 50,000/- (Incl.GST)

Date of sale: 24.02.2025 to 10.03.2025 up to 17:00 hrs.
Due date of submission: 10.03.2025 up to 17:00 hrs.
E-mail: [email protected]
Website: https://mahatenders.gov.in

Executive Engineer
Public Health Engineering Department (Sewerage)
Nashik Municipal Corporation, Nashik
Rajiv Gandhi Bhavan, Sharanpur Road
Nashik.

I
Nashik Municipal Corporation, Nashik
Public Health Engineering Department (Sewerage)
Rajiv Gandhi Bhavan, Sharanpur Road, Nashik,422 002.
Ph. (0253) 2575631/32, 2579119 Fax: 2577936

E-Tender Notice No. 03/ 2024-25

Nashik Municipal Corporation (NMC) Invites sealed Request for Qualification tender
in prescribed form in e-tendering, from the contractors/agencies / organization/ firms
having Experience of such work as mentioned for the following works.

Sr. Name of Work Tender Form

No Fees + G.S.T.
1
Request for Qualification (RFQ) of organization for 42,296+7,613+91=
improvement of sewage management system in Nashik city
50,000/-
to prevent Pollution in River Godavari based on PPP/HAM
model.

1. Tender Documents will be available on www.mahatenders.gov.in from the dates

prescribed below. Detailed Tender Notice is available on the above website
2. Tender Work documents sale starts from dt. 24/02/2025 to dt.10/03/2025
3. Prebid meeting for work dt. 28.02.2025 at 4:00 PM in the office of Superintending
Engineer, PHED (Sewerage), Rajiv Gandhi Bhavan, Nashik.
4. Last date of online submission of tender is dt.10/03/2025 up to 5.00 P.M.
5. If possible, online bids will be opened on dt.11/03/2025 after 5.00 P.M. in the office
of Superintending Engineer, PHED (Sewerage).
6. Commissioner, Nashik Municipal Corporation reserves the right to reject any or all bids
without assigning any reason thereof.
7. All documents shall be submitted online only.

Sd/xxx
Superintending Engineer
Public Health Engineering Department (Sewerage)
Nashik Municipal Corporation, Nashik

II
Contents
DISCLAIMER........................................................................................................................ V
GLOSSARY ........................................................................................................................ VII
1 INTRODUCTION ........................................................................................................... 1
1.1 BACKGROUND ...................................................................................................... 1
1.2 BRIEF DESCRIPTION OF BIDDING PROCESS .................................................... 4
1.3 APPLICATION DUE DATES ................................................................................... 6
2 INSTRUCTION TO APPLICANTS.................................................................................. 7
2.1 SCOPE OF APPLICATION ..................................................................................... 7
2.2 ELIGIBILITY OF APPLICANTS ............................................................................... 7
2.3 NUMBER OF APPLICANTS AND COSTS THEREOF .......................................... 11
2.4 ACKNOWLEDGMENT BY APPLICANT .................................................. 11
2.5 RIGHT TO ACCEPT OR REJECT ANY OR ALL APPLICANTS/ BIDS ............ 12
2.6 CONTENTS OF THE RFQ............................................................................... 14
2.7 CLARIFICATIONS ................................................................................................ 14
2.8 AMENDMENT TO RFQ ................................................................................... 15
2.9 LANGUAGE .......................................................................................................... 15
2.10 FORMAT AND SIGNING OF APPLICATION .................................................. 15
2.11 SEALING AND MARKING OF APPLICATIONS ............................................. 15
2.12 APPLICATION DUE DATE .............................................................................. 16
2.13 LATE APPLICATIONS ..................................................................................... 16
2.14 MODIFICATIONS/ SUBSTITUTION/ WITHDRAWAL OF APPLICATIONS ... 16
2.15 OPENING AND EVALUATION OF APPLICATIONS....................................... 16
2.16 CONFIDENTIALITY .............................................................................................. 17
2.17 TESTS OF RESPONSIVENESS ......................................................................... 17
2.18 CLARIFICATIONS ................................................................................................ 18
2.19 SHORT-LISTING AND NOTIFICATION ........................................................... 18
2.20 SUBMISSION OF BIDS ................................................................................... 18
2.21 PROPRIETARY DATA ..................................................................................... 18
2.22 CORRESPONDENCE WITH THE APPLICANT .............................................. 18
3 CRITERIA FOR EVALUATION ..................................................................... 19
3.1 EVALUATION PARAMETERS......................................................................... 19
3.2 FINANCIAL INFORMATION FOR PURPOSES OF EVALUATION ................. 19
3.3 SHORT-LISTING OF APPLICANTS ................................................................ 19
4 FRAUD AND CORRUPT PRACTICES ...................................................................... 19
5 PRE-APPLICATION QUERIES & THEIR CLARIFICATION ........................................ 20
6 MISCELLANEOUS ...................................................................................................... 21
APPENDIX I LETTER COMPRISING THE APPLICATION FOR PRE-QUALIFICATION .... 22

III
APPENDIX II POWER OF ATTORNEY FOR SIGNING OF APPLICATION ........................ 42

IV
DISCLAIMER
The information contained in this Request for Qualification document (the “RFQ”) or
subsequently provided to Applicant(s), whether verbally or in documentary or any other form,
by or on behalf of the Authority or any of its employees or advisors, is provided to Applicant(s)
on the terms and conditions set out in this RFQ and such other terms and conditions subject
to which such information is provided.
This RFQ is not an agreement and is neither an offer nor invitation by the Authority to the
prospective Applicants or any other person. The purpose of this RFQ is to provide interested
parties with information that may be useful to them in the formulation of their application for
qualification pursuant to this RFQ (the “Application”). This RFQ includes statements, which
reflect various assumptions and assessments arrived at by the Authority in relation to the
Project. Such assumptions, assessments and statements do not contain all the information
that each Applicant may require. This RFQ may not be appropriate for all persons, and it is
not possible for the Authority, its employees or advisors to consider the investment
objectives, financial situation and particular needs of each party who reads or uses this RFQ.
The assumptions, assessments, statements and information contained in this RFQ may not
be complete, accurate, adequate or correct. Each Applicant should therefore, conduct its
own investigations and analysis and should check the accuracy, adequacy, correctness,
reliability and completeness of the assumptions, assessments, statements and information
contained in this RFQ and obtain independent advice from appropriate sources.
Information provided in this RFQ to the Applicant(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. The Authority accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on law expressed herein.
The Authority, its employees and advisors make no representation or warranty and shall
have no liability to any person, including any Applicant or Bidder, under any law, statute,
rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any
loss, damages, cost or expense which may arise from or be incurred or suffered on account
of anything contained in this RFQ or otherwise, including the accuracy, adequacy,
correctness, completeness or reliability of the RFQ and any assessment, assumption,
statement or information contained therein or deemed to form part of this RFQ or arising
in any way with pre-qualification of Applicants for participation in the Bidding Process.
The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Applicant upon the statements
contained in this RFQ.
The Authority may, in its absolute discretion but without being under any obligation to do so,
update, amend or supplement the information, assessment or assumptions contained in this RFQ.

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

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

VI
GLOSSARY
Applicant(s) As defined in Clause 1.2.1
Application As defined in the Disclaimer
Application Due Date As defined in Clause 2.12
Associate As defined in Clause 2.2.7
Authority As defined in Clause 1.1.1
Bids As defined in Clause 1.2.3
Bid Due Date As defined in Clause 1.3
Bid Security As defined in Clause 1.2.4
Bidders As defined in Clause 1.1.1
Bidding Documents As defined in Clause 1.2.3
Bidding Process As defined in Clause 1.2.1
Bid Stage As defined in Clause 1.2.1
[BOT] Build, Operate and Transfer
Concessionaire As defined in Clause 1.1.2
Conflict of Interest As defined in Clause 2.2.1(c)
[DBFOT] As defined in Clause 1.1.1
DEA Department of Economic Affairs
Financial Capacity As defined in Clause 2.2.2 (B)
Government Government of India
LOA Letter of Award
MLD Million Liters per Day
Net Worth As defined in Clause 2.2.3 (i)
PPP Public Private Partnership
Qualification As defined in Clause 2.2
Qualification Stage As defined in Clause 1.2.1
Re. or Rs. or INR Indian Rupee
RFP or Request for Proposals As defined in Clause 1.2.1
RFQ As defined in the Disclaimer
SPV Special Purpose Vehicle
Technical Capacity As defined in Clause 2.2.2 (A)
STP Sewage Treatment Plant

The words and expressions beginning with capital letters and defined in this
document shall, unless repugnant to the context, have the meaning ascribed
thereto herein above.

VII
1 INTRODUCTION

 BACKGROUND
The Nashik Municipal Corporation is the governing body of the city of Nashik. The NMC
is headed by an officer of the Indian Administration Services (IAS) who serves as the
Municipal Commissioner wielding executive administrative powers. Noteworthy assets
under the NMC's purview include 6 Divisional Offices, 1 Headquarter, and over 150
infrastructure assets within the city.
The Nashik Municipal Corporation (NMC) by taking inspiration from Namami Gange is
implementing “Godavari Pollution Abatement Project” as an integrated approach
towards developing various Sewage infrastructures within the municipal limits of
Nashik for abatement of municipal and industrial pollution in River Godavari. In view of
upcoming ‘Simhasth Kumbh Mela’ at Nashik in 2027 and to ensure long-term effective
O&M of sewage pumping & treatment infrastructure (3 Kumbh cycles i.e. 2027, 2039
and 2051), NMC Authorities have decided to ensure 100% interception & diversion of
waste flowing into the Godavari and its tributaries, improvement of riverfront
infrastructure, sewer network etc. These initiatives will allow NMC to accommodate
and attract more visitors and improve quality of life in the city.
Vision Godavari Pollution Abatement Project
The objective of the “Godavari Pollution Abatement Project” is to create an integrated
approach towards development of various infrastructures within the Municipal limits of
Nashik for abatement of municipal and industrial pollution in river Godavari while
reviving the socio-economic & religious connection amongst citizens. Nashik Municipal
Corporation (NMC) has undertaken several measures targeted towards improving
city’s infrastructure and provide improved urban services.
Wastewater Treatment: Efficient wastewater treatment plants will be set up as a vital
component of Vision “Godavari Pollution Abatement Project”. These plants will adopt
advanced technologies for the effective treatment of sewage and industrial effluents.
The treated water will meet stringent quality standards before being discharged back
into the Godavari River or reused for various purposes such as irrigation, industrial
processes, and groundwater recharge. By adopting a comprehensive approach to
address pollution sources, including industrial waste, sewage discharge, and solid
waste management. Establishment of state of-the-art sewage treatment plants and
waste management systems to prevent contamination and improve the water quality
of the Godavari River.

1
1..1 With this background, NMC is proposing below infrastructures:

TABLE 1

Upgradation of Sewage Treatment Plants (Bathing Quality Water)

Sewerage Zones Exist. STPs Exist. Technology Prop. Upgradation Prop. Technology
2 nos.,
Gangapur SBR No Change No Change
18 & 11.5 MLD

Makhmalabad Not Available 50 MLD

1 no. - 180 MLD
SBR + Disc Filter
2 nos., 130 MLD
Tapovan UASB
78 & 52 MLD

1 no.,
Agar Takli-1 ASP 1 no. - 70 MLD IFAS + Disc Filter
70 MLD

1 no.,
Agar Takli-2 MBBR 31 MLD
40 MLD 1 no. - 97 MLD
SBR + Disc Filter
Kamathwada Not Available 66 MLD

2 nos.,
Chehedi UASB/ASP 1 no. - 64 MLD SBR + Disc Filter
22 & 20 MLD
3 nos.,
Panchak UASB/ASP 1 no. - 75 MLD SBR + Disc Filter
32, 7.5 & 21 MLD
1 no.,
Pimpalgaon SBR No Change No Change
32 MLD
404 MLD 547.5 MLD

1.1.1 NMC (the “Authority”) therefore, has decided rehabilitate the existing / build new
treatment infrastructure, provision for tertiary treatment infrastructure and make the
Sewage Treatment Plants Reuse Ready. Therefore, the Authority has decided to
undertake the development and operation & maintenance of the Project through
Public-Private Partnership based Hybrid Annuity Mode (the “PPP/ HAM”) on Design,
Build, Finance, Operate and Transfer (the “DBFOT”) basis, and has, therefore, decided
to carry out the bidding process for selection of bidder to whom the Project may be
awarded. The Authority intends to prequalify and shortlist suitable Applicants (the
"Bidders”) who will be eligible for participation in the Bid Stage for awarding the Project
through an open competitive bidding process in accordance with the procedure set out
herein.
1.1.2 The selected Bidder, who is either a company incorporated under the Companies Act,
1956/2013 or undertakes to incorporate as such prior to execution of the concession
agreement (the “Concessionaire”) shall be responsible for designing, engineering,
financing, procurement, construction, operation and maintenance of the Project under
and in accordance with the provisions of a concession agreement (the “Concession
Agreement”) to be entered into between the Concessionaire and the Authority in the
form provided by the Authority as part of the Bidding Documents pursuant hereto.
1.1.3 The Scope of Work for Associated Infrastructure are broadly including
 Interception and diversion of sewage/ wastewater flowing in untreated nallahs
– 24 nos,
 Retrofitting of existing sewage pumping stations – 18 nos
2
 Construction of new sewage pumping stations – 9 nos.
 Sewage mains from proposed pumping station to STPs
 Rehabilitation of existing STP and allied existing infrastructure, construction of
New Sewerage Treatment Plant (STP) as mentioned in TABLE 1 - treating it to
the required quality for making it Reuse Ready. (the “Project”) in accordance
with the terms and conditions set forth in the Concession Agreement.
1.1.4 The Concessionaire shall support NMC in arranging permissions of RoW/ Road
Cutting/ Utility Shifting and Land acquisition and the Authority will procure all necessary
permissions.

The Authority Shall Novate all existing O&M contracts which are part of the said
project, the details will be provided during RFP stage.
The Concessionaire shall be having the following rights:

 Store, treat, market, sell or dispose of the STP By-Products generated subject
to and in accordance with this RFQ with the approval of NMC;
 Store, treat, market, sell or dispose the treated Sewage water, Sludge, Manure,
Biogas, Carbon credit, Water credit or associated derivatives from the
STP/STPs with the approval of NMC.

1.1.5 The Authority shall receive Applications pursuant to this RFQ in accordance with the
terms set forth herein as modified, altered, amended and clarified from time to time by
the Authority, and all Applications shall be prepared and submitted in accordance with
such terms on or before the date specified in Clause 1.3 for submission of Applications
(the Application Due Date”).

3
1.2 BRIEF DESCRIPTION OF BIDDING PROCESS
1.2.1 The Authority has adopted a two-stage process (collectively referred to as the
"Bidding Process") for selection of the bidder for award of the Project. The first stage
(the "Qualification Stage") of the process involves qualification (the “Qualification”)
of interested parties who make an Application in accordance with the provisions of this
RFQ (the “Applicant", which expression shall, unless repugnant to the context,).
The Applicant shall pay to the Authority a sum of Rs. 50,000 (Rupees fifty thousand
only including applicable taxes), non-refundable, as the cost of the RFQ application
fee prior to RFQ Submission.
At the end of this stage, the Authority expects to announce a short-list of suitable pre-
qualified Applicants who shall be eligible for participation in the second stage of the
Bidding Process (the “Bid Stage”) comprising Request for Proposals (the “Request
for Proposals” or “RFP”).

Applicants must satisfy themselves that they are qualified to bid, and should give an
undertaking to this effect in the form at Appendix-I.
1.2.2 In the Qualification Stage, Applicants would be required to furnish all the information
specified in this RFQ. Only those Applicants that are pre-qualified and short-listed by
the Authority shall be invited to submit their Bids for the Project in the RFP Stage. The
Authority is likely to provide a comparatively short time span for submission of the Bids
for the Project. The Applicants are, therefore, advised to visit the site and familiarize
themselves with the Project.
1.2.3 In the Bid Stage, the Bidders will be called upon to submit their financial offers (the
“Bids”) in accordance with the RFP and other documents to be provided by the
Authority (collectively the “Bidding Documents”). Those applicants who have
purchased the document by paying the necessary fees will be eligible for submission
of the documents as per requirement of the RFP.
1.2.4 In terms of the RFP, a Bidder will be required to deposit, along with its Bid, a bid
security (the “Bid Security”), refundable no later than 120 (One twenty) days from the
Bid Due Date, except in the case of the selected Bidder whose Bid Security shall be
retained till it has provided a Performance Security under the Concession Agreement.
The Bidders will have an option to provide Bid Security in the form of a demand draft
or a bank guarantee acceptable to the Authority. In case a bank guarantee is provided,
its validity period shall not be less than 180 (one hundred and eighty) days from the
Bid Due Date, inclusive of a claim period of 60 (sixty) days, and may be extended as
may be mutually agreed between the Authority and the Bidder from time to time. Where
a demand draft is provided, its validity shall not be less than 90 (ninety) days from the
Bid Due Date for the purposes of encashment thereof by the Authority. The Bid shall
be summarily rejected if it is not accompanied by the Bid Security.

1.2.5 During the Bid Stage, Bidders are invited to examine the Project in greater detail, and
to carry out, at their cost, such studies as may be required for submitting their
respective Bids for award of the concession including implementation of the Project.

1.2.6 As part of the Bidding Documents, the Authority will provide a draft Concession
Agreement prepared by the [Authority/ its consultants] and other information
pertaining/ relevant to the Project available with it.
4
1.2.7 Details of the process to be followed at the Bid Stage and the terms thereof will be
spelt out in the Bidding Documents. Bidders are suggested not to expect any
information relevant of RFP Stage during this RFQ Stage.

1.2.8 Any queries or request for additional information concerning this RFQ shall be
submitted by e-mail/ hard copy to the officer designated as below.

The envelopes / communications shall clearly bear the following identification/ title:
"Queries/ Request for Additional Information: Inviting Request for Qualification (RFQ)
for Implementation of various sewerage schemes and rehabilitation/ upgradation of
existing STPs or construction of new STPs at Nashik on PPP/HAM model”.

Executive Engineer
Public Health Engineering Department (Sewerage)
Nashik Municipal Corporation, Nashik
Rajiv Gandhi Bhavan, Sharanpur Road
Nashik.
E-mail: [email protected]

5
1.3 Application Due Date

The Authority shall endeavor to adhere to the following schedule:

S. No Event Description Qualification Date

Stage
1. Last date for receiving queries 28-02-2025 till 03:00 PM
2. Pre-Bid Meeting 28-02-2025 at 04:00 PM

3. Authority response to queries 05-03-2025

4. Application Due Date 10-03-2025

5. Announcement of short-list Will be informed Later

6
2 INSTRUCTION TO APPLICANTS
A. GENERAL

2.1 SCOPE OF APPLICATION

2.1.1 The Authority wishes to receive Applications for Qualification in order to short-list
experienced and capable Applicants for the Bid Stage.

2.1.2 Short-listed Applicants may be subsequently invited to submit the Bids for the Project.

2.2 ELIGIBILITY OF APPLICANTS

2.2.1 For determining the eligibility of Applicants for their pre-qualification hereunder, the
following shall apply

a) The Applicant for pre-qualification shall be a single entity only. Consortium/Joint

Venture are not permitted
b) An Applicant may be a natural person, private entity or a government-owned
entity with a formal intent to enter into an agreement.
c) An Applicant shall not have a conflict of interest (the “Conflict of Interest”) that
affects the Bidding Process. Any Applicant found to have a Conflict of Interest
shall be disqualified. An Applicant shall be deemed to have a Conflict of Interest
affecting the Bidding Process, if:
i. the Applicant, its Member or Associate (or any constituent thereof) and any
other Applicant, its Member or any Associate thereof (or any constituent
thereof) have common controlling shareholders or other ownership interest;
provided that this disqualification shall not apply in cases where the direct or
indirect shareholding of an Applicant, its Member or an Associate thereof (or
any shareholder thereof having a shareholding of more than 5 (Five) per cent
of the paid up and subscribed share capital of such Applicant, Member or
Associate, as the case may be) in the other Applicant, its Member or
Associate is less than 5 per cent of the subscribed and paid up equity share
capital thereof; provided further that this disqualification shall not apply to any
ownership by a bank, insurance company, pension fund or a public financial
institution referred to in section 4A of the Companies Act, 2013. For the
purposes of this Clause 2.2.1(c), indirect shareholding held through one or
more intermediate person’s shall be computed as follows:
ii. (aa) where any intermediary is controlled by a person through management
control or otherwise, the entire shareholding held by such controlled
intermediary in any other person (the “Subject Person”) shall be taken into
account for computing the shareholding of such controlling person in the
Subject Person; and (bb) subject always to sub- clause (aa) above, where
a person does not exercise control over an intermediary, which has
shareholding in the Subject Person, the computation of indirect shareholding
of such person in the Subject Person shall be undertaken on a proportionate
basis; provided, however, that no such shareholding shall be reckoned under
this sub- clause (bb) if the shareholding of such person in the intermediary is
less than 26% of the subscribed and paid up equity shareholding of such
intermediary; or
iii. a constituent of such Applicant is also a constituent of another Applicant;
7
or
iv. such Applicant, or any Associate thereof receives or has received any direct
or indirect subsidy, grant, concessional loan or subordinated debt from any
other Applicant, or any Associate thereof or has provided any such subsidy,
grant, concessional loan or subordinated debt to any other Applicant, its
Member or any Associate thereof; or
v. such Applicant has the same legal representative for purposes of this
Application as any other Applicant; or
vi. such Applicant, or any Associate thereof has a relationship with another
Applicant, or any Associate thereof, directly or through common third party/
parties, that puts either or both of them in a position to have access to each
other’s information about, or to influence the Application of either or each
other; or
vii. such Applicant, or any Associate thereof has participated as a consultant to
the Authority in the preparation of any documents, design or technical
specifications of the Project.
d) An Applicant shall be liable for disqualification if any legal, financial or technical
adviser of the Authority in relation to the Project is engaged by the Applicant, its
Member or any Associate thereof, as the case may be, in any manner for matters
related to or incidental to the Project. For the avoidance of doubt, this
disqualification shall not apply where such adviser was engaged by the Applicant,
its Member or Associate in the past but its assignment expired or was
terminated 6 (six) months prior to the date of issue of this RFQ. Nor will this
disqualification apply where such adviser is engaged after a period of 3 (three)
years from the date of commercial operation of the Project.

2.2.2 To be eligible for pre-qualification and short listing, an Applicant shall fulfill the following
conditions of eligibility.

A. Technical Capacity:
A.1 Technical Experience:
1. The Bidder or its Associate should have experience of design, construction and
successful commissioning of at least One (1) STP of 150 MLD OR at least Two (2)
STPs of 100 MLD each based on SBR Technology and SCADA automation system for
treating municipal sewage with any state/ ULBs in India in Seven (7) Financial Years
preceding 31st March 2025. The same plant/plants should also be operated by the
bidder for at least 3 consecutive years.
The minimum capital cost of any of the aforementioned STP Project should not be less
than Rs. 144 Crs.
2. The Bidder or its Associate must tie-up with a technology provider for Cyclic Activated
Sludge Process / Sequential Batch Reactor (SBR) Technology and shall submit
Technology Tie-up Agreement as a part of their bid. The technology provider shall have
experience of providing Cyclic Activated Sludge Process / Sequential Batch Reactor
(SBR) Technology with inbuilt nutrient removal system for at least One (1) STP of 150
MLD or Two (2) nos STPs of 100 MLD each capacity for any State /ULB’s in India which
are working satisfactorily for at least three years as on date of calling of tender and
achieving the outlet parameters as per latest NGT Norms. Performance Certificate for
8
each work should be issued by the end user, duly certified by an officer not below the
rank of Executive Engineer should be enclosed. The technology provider shall be
enlisted as a SBR technology provider with any State Government, Central Government
bodies.
3. The Bidder or its Associate must tie-up with a technology provider of Tertiary
treatment based on Fibre Disc Filtration. The technology provider shall have experience
of providing Fiber disc Filtration in at least One (1) STP of 150 MLD or Two (2) STPs of
100 MLD each in India for any State/Central Government organizations /ULB’s which is
working satisfactorily for at least three years as on date of calling of tender. This referred
plant should be achieving the outlet parameters to improve the NGT Norms to achieve
final outlet parameters as BOD ≤ 5 mg/l, COD ≤ 50 mg/l, TSS ≤ 5 mg/l, TN ≤ 10 mg/l,
TP ≤ 1 mg/l and Fecal Coliforms < 100 MPN /100 ml. Performance of the referred plant
shall be demonstrated by NABL accredited lab not older than 6 months.
4. Bidder need to submit filled forms as per ANNEX II – Technical Capacity of Applicant
to claim the above Technical Experience.

B. Financial Capacity: The Applicant shall have the following:

i. A minimum average positive Net Worth of 92 Crore for preceding three financial
years in which the tender is invited. (FY 2021-22, 2022- 23 & 2023-24) Certificate
from Chartered Accountant certifying Net Worth figures of the firm/company should
be furnished in Technical Bid.

ii. The Applicant should not have applied for/ nor availed Corporate Debt Restructuring
(CDR) in the last five (5) financial years.
(Collectively the “Financial Capacity”)

Note:
1) Consortium/Joint Venture are not permitted.

2) In order to support the criteria as stated in 2.2.2 B.i, and 2.2.2 B.ii applicant should
submit Net worth certificate and CDR Certificate respectively from Chartered
Accountant/ Statutory auditor.

3) The Bidder should not have been blacklisted /debarred /banned/suspended in last 7
years from any Central or State Government /Semi-government / ULB / PSUs / PHED
/ Water Boards / Water Utility departments / World Bank / Bilateral or Multi-lateral
agencies.

4) For 2.2.2.A.1.1 the Applicant shall submit a certificate from office of the rank of
Executive Engineer of the project to establish experience of Technical Experience. If
the Applicant fails to demonstrate the Technical Experience, then its application will
not be considered responsive.

5) If the contents of the above Pre-qualification requirements appear elsewhere in this

document and thereby discrepancy/difference/ambiguity is noticed, then, the contents
9
of above Pre-qualifying requirements shall prevail.

2.2.3 The applicant shall enclose with its application following documents;

i. Certificate(s) from its statutory auditors specifying the net worth of the Applicant,
as at the close of the preceding financial year, and also specifying that the
methodology adopted for calculating such net worth conforms to the provisions
of this Clause 2.2.3(i). For the purposes of this RFQ, net worth (the “Net Worth”)
shall mean the sum of subscribed and paid up equity and reserves from which
shall be deducted the sum of revaluation reserves, miscellaneous expenditure
not written off and reserves not available for distribution to equity shareholders.
ii. Applicant shall provide an undertaking of not having applied for/ nor availed
Corporate Debt Restructuring (CDR) in the last five (5) financial years.

2.2.4 The Applicant should submit a Power of Attorney as per the format at Appendix-
II, authorizing the signatory of the Application to commit the Applicant.

2.2.5 Any entity which has been barred by the Central/ State Government, or any entity
controlled by it, from participating in any project (BOT or otherwise), and the bar
subsists as on the date of Application, would not be eligible to submit an Application,

2.2.6 An Applicant or its Associate, in the last 3 (three) years, have neither failed to
perform on any contract, as evidenced by imposition of a penalty by an arbitral or
judicial authority or a judicial pronouncement or arbitration award against the
Applicant, nor has been expelled from any project or contract by any public entity
nor have had any contract terminated any public entity for breach by such
Applicant.

2.2.7 For purposes of this RFQ, Associate means, in relation to the Applicant, a person
who controls, is controlled by, or is under the common control with such Applicant
(the “Associate”). As used in this definition, the expression “control” means, with
respect to a person which is a company or corporation, the ownership, directly or
indirectly, of more than 26% (twenty-six per cent) of the voting shares of such
person, and with respect to a person which is not a company or corporation, the
power to direct the management and policies of such person by operation of law.

2.2.8 The following conditions shall be adhered to while submitting an Application:

a) Applicants should attach clearly marked and referenced continuation sheets in

the event that the space provided in the prescribed forms in the Annexes is
insufficient. Alternatively, Applicants may format the prescribed forms making
due provision for incorporation of the requested information;
b) information supplied by an Applicant must apply to the Applicant, Member or
Associate named in the Application and not, unless specifically requested, to
other associated companies or firms. Invitation to submit Bids will be issued only
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to Applicants whose identity and/ or constitution is identical to that at pre-
qualification;
c) in responding to the pre-qualification submissions, Applicants should
demonstrate their capabilities in accordance with Clause 3.1 below; and

2.2.9 While Qualification is open to person from any country, the following provisions shall
apply:
a) Where, on the date of the Application, not less than 15% (fifteen per cent) of the
aggregate issued, subscribed and paid up equity share capital in an Applicant or
its Member is held by person’s resident outside India or where an Applicant or its
Member is controlled by person’s resident outside India; or
b) if at any subsequent stage after the date of the Application, there is an acquisition of
not less than 15% (fifteen per cent) of the aggregate issued, subscribed and paid up
equity share capital or control, by person’s resident outside India, in or of the Applicant
or its Member; then the Qualification of such Applicant or in the event described in sub
clause (b) above, the continued Qualification of the Applicant shall be subject to
approval of the Authority from national security and public interest perspective. The
decision of the Authority in this behalf shall be final and conclusive and binding on the
Applicant.
The holding or acquisition of equity or control, as above, shall include direct or indirect
holding/ acquisition, including by transfer, of the direct or indirect legal or beneficial
ownership or control, by person’s acting for themselves or in concert and in determining
such holding or acquisition, the Authority shall be guided by the principles, precedents
and definitions contained in the Securities and Exchange Board of India (Substantial
Acquisition of Shares and Takeovers) Regulations, 1997,
or any substitute thereof, as in force on the date of such acquisition.
The Applicant shall promptly inform the Authority of any change in the shareholding,
as above, and failure to do so shall render the Applicant liable for disqualification from
the Bidding Process.

2.2.10 Notwithstanding anything to the contrary contained herein, in the event that the
Application Due Date falls within three months of the closing of the latest financial year
of an Applicant, it shall ignore such financial year for the purposes of its Application
and furnish all its information and certification with reference to the 3 (three) years or
1 (one) year, as the case may be, preceding its latest financial year. For the avoidance
of doubt, financial year shall, for the purposes of an Application hereunder, mean the
accounting year followed by the Applicant in the course of its normal business.
.
2.3 NUMBER OF APPLICANTS AND COSTS THEREOF
2.3.1 No Applicant shall submit more than one Application for the Project.

2.3.2 The Applicants shall be responsible for all of the costs associated with the preparation
of their Applications and their participation in the Bid Process. The Authority will not be
responsible or in any way liable for such costs, regardless of the conduct or outcome
of the Bidding Process

2.4 ACKNOWLEDGMENT BY APPLICANT

2.4.1 It shall be deemed that by submitting the Application, the Applicant has:
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a) Made a complete and careful examination of the RFQ;
b) Received all relevant information requested from the Authority;
c) accepted the risk of inadequacy, error or mistake in the information provided in the
RFQ or furnished by or on behalf of the Authority relating to any of the matters.
d) agreed to bound by the undertaking provided by it under and in terms hereof.

2.4.2 The Authority shall not be liable for any omission, 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
RFQ or the Bidding Process, including any error or mistake therein or in any information
or data given by the Authority.

2.5 RIGHT TO ACCEPT OR REJECT ANY OR ALL APPLICANTS/ BIDS

2.5.1 Notwithstanding anything contained in this RFQ, the Authority reserves the right to
accept or reject any Application and to annul the Bidding Process and reject all
Applications/ Bids, at any time without any liability or any obligation for such
acceptance, rejection or annulment, and without assigning any reasons therefor. In
the event that the Authority rejects or annuls all the Bids, it may, in its discretion, invite
all eligible Bidders to submit fresh Bids hereunder.
2.5.2 The Authority reserves the right to reject any Application and/ or Bid if:

(a) at any time, a material misrepresentation is made or uncovered, or

(b) the Applicant does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the
Application.

If the Applicant/ may be disqualified/ rejected.

If such disqualification/ rejection occurs after the Bids have been opened and the
Lowest Bidder gets disqualified/ rejected, then the Authority reserves the right to:
(i) invite the remaining Bidders to match the Lowest Bidder/ submit their Bids in
accordance with the RFP; or
(ii) take any such measure as may be deemed fit in the sole discretion of the
Authority, including annulment of the Bidding Process.

2.5.3 In case it is found during the evaluation or at any time before signing of the Concession
Agreement or after its execution and during the period of subsistence thereof, including
the concession thereby granted by the Authority, that one or more of the pre-
qualification conditions have not been met by the Applicant, or the Applicant has made
material misrepresentation or has given any materially incorrect or false information,
the Applicant shall be disqualified forthwith if not yet appointed as the Concessionaire
either by issue of the LOA or entering into of the Concession Agreement, and if the
Applicant/SPV has already been issued the LOA or has entered into the Concession
Agreement, as the case may be, the same shall, notwithstanding anything to the
contrary contained therein or in this RFQ, be liable to be terminated, by a
communication in writing by the Authority to the Applicant, without the Authority being
liable in any manner whatsoever to the Applicant and without prejudice to any other
right or remedy which the Authority may have under this RFQ, the Bidding Documents,
the Concession Agreement or under applicable law.
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2.5.4 The Authority reserves the right to verify all statements, information and documents
submitted by the Applicant in response to the RFQ. Any such verification or lack of
such verification by the Authority shall not relieve the Applicant of its obligations or
liabilities hereunder nor will it affect any rights of the Authority there under.

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B. DOCUMENTS

2.6 CONTENTS OF THE RFQ

2.6.1 This RFQ comprises the disclaimer set forth hereinabove, the contents as listed below,
and will additionally include any Addenda issued in accordance with Clause 2.8.

Invitation for Qualification

Section 1. Introduction
Section 2. Instructions to Applicants
Section 3 Criteria for Evaluation
Section 4. Fraud & Corrupt Practices
Section 5. Pre- Applicat ion Queries and its Clarifications
Section 6. Miscellaneous.

Appendices
I. Letter comprising the Application for Pre-Qualification.
II. Power of Attorney for signing of Applicat ion

Annexure

I. Detail of Applicant
II. Technical Capacity of Applicant
III. Financial Capacity of Applicant
IV. Certificate from Statutory Auditor/ Company Secretary regarding Associate.
V. Statement of Legal Capacity
VI. Affidavit for CDR on Stamp paper from C.A.

2.7 CLARIFICATIONS
2.7.1 Applicants requiring any clarification on the RFQ may notify the Authority by e-
mail in accordance with Clause 1.2.8. They should send in their queries before the
date specified in the schedule of Bidding Process contained in Clause 1.3. The
Authority shall endeavor to respond to the queries within the period specified therein,
but no later than 3 (three) days prior to the Application Due Date. Any responses /
corrigendum of above RFQ will be published on the website
https://mahatenders.gov.in

2.7.2 The Authority shall endeavor to respond to the questions raised or clarifications sought
by the Applicants. However, the Authority reserves the right not to respond to any
question or provide any clarification, in its sole discretion, and nothing in this Clause
shall be taken or read as compelling or requiring the Authority to respond to any
question or to provide any clarification.

2.7.3 The Authority may also on its own motion, if deemed necessary, issue interpretations
and clarifications to all Applicants. All clarifications and interpretations issued by the
Authority shall be deemed to be part of the RFQ. Verbal clarifications and information
given by Authority or its employees or representatives shall not in any way or manner
be binding on the Authority.
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2.8 AMENDMENT TO RFQ
2.8.1 At any time prior to the deadline for submission of Application, the Authority may, for
any reason, whether at its own initiative or in response to clarifications requested by
an Applicant, modify the RFQ by the issuance of Addenda.

2.8.2 Any Addendum thus issued will be published on the websites

https://mahatenders.gov.in

2.8.3 In order to afford the Applicants a reasonable time for taking an Addendum into
account, or for any other reason, the Authority may, in its sole discretion, extend the
Application Due Date.

C. PREPARATION AND SUBMISSION OF APPLICATION

2.9 LANGUAGE
2.9.1 The Application and all related correspondence and documents in relation to the
Bidding Process shall be in English language. Supporting documents and printed
literature furnished by the Applicant with the Application may be in any other language
provided that they are accompanied by translations of all the pertinent passages in the
English language, duly authenticated and certified by the Applicant. Supporting
materials, which are not translated into English, may not be considered. For the
purpose of interpretation and evaluation of the Application, the English language
translation shall prevail.

2.10 FORMAT AND SIGNING OF APPLICATION

2.10.1 The Applicant shall provide all the information sought under this RFQ. The Authority will
evaluate only those Applications that are received in the required formats and complete
in all respects. Incomplete and /or conditional Applications shall be liable to rejection.

2.10.2 The Applicant shall submit his RFQ Proposal online on https://mahatenders.gov.in.

2.11 SEALING AND MARKING OF APPLICATIONS

2.11.1 The Applicant shall submit the Application in the format specified at Appendix-I, together
with the documents specified in Clause 2.11.3 , and other documents required to fulfill
the pre-qualification requirement if any.

2.11.2 The Application and its copy shall be typed or written in indelible ink and signed by the
authorized signatory of the Applicant who shall also initial each page in blue ink. In case
of printed and published documents, only the cover shall be initialed. All the alterations,
omissions, additions or any other amendments made to the Application shall be initialed
by the person(s) signing the Application. The Application shall contain page numbers and
shall be submitted online.

2.11.3 All the documents shall be prepared and signed with company seal. Application shall
contain:
(i) Application in the prescribed format (Appendix-I) along with Annexes and
supporting documents;
(ii) Power of Attorney for signing the Application as per the format at Appendix II;

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(iii) copy of Memorandum and Articles of Association, if the Applicant is a body
corporate, and if a partnership then a copy of its partnership deed;
(iv) copies of Applicant’s duly audited balance sheet and profit and loss account for
the preceding three years; and
(v) [(any other sector or project-specific requirement that may be specified by the
Authority]
(vi) All the Annexure I.e. Annex I to Annex VI

2.12 APPLICATION DUE DATE

2.12.1 Applications should be submitted on or before 1 0 . 0 3 . 2 0 2 5 up to 17:00 hours IST
in the manner and form as detailed in this RFQ.

2.12.2 The Authority may, in its sole discretion, extend the Application Due Date by issuing
an Addendum in accordance with Clause 2.8 uniformly for all Applicants.

2.13 LATE APPLICATIONS

Applications received by the Authority after the specified time on the Application
Due Date shall not be eligible for consideration and shall be summarily rejected.

2.14 MODIFICATIONS/ SUBSTITUTION/ WITHDRAWAL OF APPLICATIONS

2.14.1 The Applicant may modify, substitute or withdraw its Application after submission,
provided that written notice of the modification, substitution or withdrawal is received
by the Authority prior to the Application Due Date. No Application shall be modified,
substituted or withdrawn by the Applicant on or after the Application Due Date. The
modification, substitution or withdrawal notice shall be prepared, sealed, marked, and
delivered in accordance with Clause 2.11.

2.14.2 Any alteration/ modification in the Application or additional information supplied

subsequent to the Application Due Date, unless the same has been expressly sought
for by the Authority, shall be disregarded.

D. EVALUATION PROCESS

2.15 OPENING AND EVALUATION OF APPLICATIONS

2.15.1 The Authority shall open the Applications at 13:00 hours if possible (Date of opening
will be informed), at the place specified in Clause 1.2.8 and in the presence of the
Applicants who choose to attend.

2.15.2 Applications for which a notice of withdrawal has been submitted in accordance with
Clause 2.14 shall not be opened.

2.15.3 The Authority will subsequently examine and evaluate Applications in accordance with
the provisions set out in Section 3.

2.15.4 Applicants are advised that pre-qualification of Applicants will be entirely at the
discretion of the Authority. Applicants will be deemed to have understood and agreed
that no explanation or justification on any aspect of the Bidding Process or selection
will be given.
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2.15.5 Any information contained in the Application shall not in any way be construed as
binding on the Authority, its agents, successors or assigns, but shall be binding against
the Applicant if the Project is subsequently awarded to it on the basis of such
information.

2.15.6 The Authority reserves the right not to proceed with the Bidding Process at any time
without notice or liability and to reject any or all Application(s) without assigning any
reasons.

2.15.7 If any information furnished by the Applicant is found to be incomplete, or contained

in formats other than those specified herein, the Authority may, in its sole discretion,
exclude the relevant project from computation of the Eligible Score of the Applicant.

2.16 CONFIDENTIALITY
2.16.1 Information relating to the examination, clarification, evaluation, and recommendation
for the short-listed pre-qualified Applicants shall not be disclosed to any person who
is not officially concerned with the process or is not a retained professional advisor
advising the Authority in relation to, or matters arising out of, or concerning the Bidding
Process. The Authority will treat all information, submitted as part of Application, in
confidence and will require all those who have access to such material to treat the
same in confidence. The Authority may not divulge any such information unless it is
directed to do so by any statutory entity that has the power under law to require its
disclosure or is to enforce or assert any right or privilege of the statutory entity and/ or
the Authority or as may be required by law or in connection with any legal process.

2.17 TESTS OF RESPONSIVENESS

2.17.1 Prior to evaluation of Applications, the Authority shall determine whether each
Application is responsive to the requirements of the RFQ. An Application shall be
considered responsive only if:

a) The Applicant has paid the Rs. 50,000 (Incl.GST) as the cost of the RFQ process;
b) it is received as per specified format;
c) it is received by the Application Due Date including any extension thereof
pursuant to Clause 2.12.2;
d) it is accompanied by the Power of Attorney as specified in Clause 2.2.4,
e) it contains all the information and documents (complete in all respects) as
requested in this RFQ;
f) it contains information in formats same as those specified in this RFQ;
g) it contains certificates from its statutory auditors in the formats specified at
Annexure – III, IV, VI of the RFQ for each Eligible Project;
h) The Bidder himself or his authorized representative shall carry out site visit
along with Geo-tagging, and shall submit a declaration letter as per format
attached in RFQ document to the Authority. This letter shall be duly signed by
the Tender Inviting Authority and to be uploaded in the RFQ and uploaded as
per format provided in Annexure II B.
i) it does not contain any condition or qualification; and
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j) it is not non-responsive in terms hereof.

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

2.18 CLARIFICATIONS
2.18.1 To facilitate evaluation of Applications, the Authority may, at its sole discretion, seek
clarifications from any Applicant regarding its Application. Such clarification(s) shall be
provided within the time specified by the Authority for this purpose. Any request for
clarification(s) and all clarification(s) in response thereto shall be in writing.

2.18.2 If an Applicant does not provide clarifications sought under Clause 2.18.1 above within
the prescribed time, its Application shall be liable to be rejected. In case the Application
is not rejected, the Authority may proceed to evaluate the Application by construing
the particulars requiring clarification to the best of its understanding, and the Applicant
shall be barred from subsequently questioning such interpretation of the Authority.

E. QUALIFICATION AND BIDDING

2.19 SHORT-LISTING AND NOTIFICATION

After the evaluation of Applications, the Authority would announce a list of short- listed
pre- qualified Applicants (Bidders) who will be eligible for participation in the Bid Stage.
The Authority will not entertain any query or clarification from Applicants who fail to
qualify.

2.20 SUBMISSION OF BIDS

The Bidders will be requested to submit a Bid in the form and manner to be set out in
the Bidding Documents.
Only pre-qualified Applicants shall be invited by the Authority to submit their Bids for
the Project. The Authority is likely to provide a comparatively short time span for
submission of the Bids for the Project. The Applicants are therefore advised to visit the
site and familiarize themselves with the Project by the time of submission of the
Application. No extension of time is likely to be considered for submission of Bids
pursuant to invitation that may be issued by the Authority.

2.21 PROPRIETARY DATA

All documents and other information supplied by the Authority or submitted by an
Applicant to the Authority shall remain or become the property of the Authority.
Applicants are to treat all information as strictly confidential and shall not use it for any
purpose other than for preparation and submission of their Application. The Authority
will not return any Application or any information provided along therewith.

2.22 CORRESPONDENCE WITH THE APPLICANT

Save and except as provided in this RFQ, the Authority shall not entertain any
correspondence with any Applicant in relation to the acceptance or rejection of any
Application.

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3 CRITERIA FOR EVALUATION
3.1 EVALUATION PARAMETERS
3.1.1 The Applicants who satisfy the requirements under the Technical Capacity (2.2.2.A)
shall only qualify for further evaluation.

3.1.2 Only those Applicants who meet the eligibility criteria specified in Clause 2.2.2 above
shall qualify for evaluation under this Section 3. Applications of firms/ who do not meet
these criteria shall be r ejected.

3.2 FINANCIAL INFORMATION FOR PURPOSES OF EVALUATION

3.2.1 The Application must be accompanied by the Audited Annual Reports of the Applicant
for the last 3 (three) financial years, preceding the year in which the Application is
made.

3.2.2 In case the annual accounts for the latest financial year are not audited and therefore
the Applicant cannot make it available, the Applicant shall give an undertaking to this
effect and the statutory auditor shall certify the same. In such a case, the Applicant
shall provide the Audited Annual Reports for 3 (three) years preceding the year for
which the Audited Annual Report is not being provided.

3.2.3 The Applicant must establish the minimum Net Worth specified in Clause 2.2.2 (B),
and provide details as per format at Annex-III of A p p e n d i x -I.

3.3 SHORT-LISTING OF APPLICANTS

3.3.1 The Applicant’s eligibility will be checked with reference to the Eligibility Criteria as per
Clause 2.2.2.
3.3.2 The Authority may, in its discretion, maintain a reserve list of pre-qualified Applicants
who may be invited to substitute the short-listed Applicants in the event of their
withdrawal from the Bid Process or upon their failure to conform to the conditions
specified herein; provided that a substituted Applicant shall be given at least 30 (thirty)
days to submit its Bid.

4 FRAUD AND CORRUPT PRACTICES

4.1.1 The Applicants and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process. Notwithstanding
anything to the contrary contained herein, the Authority may reject an Application
without being liable in any manner whatsoever to the Applicant if it determines that the
Applicant has, directly or indirectly or through an agent, engaged in corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practice in the
Bidding Process

4.1.2 Without prejudice to the rights of the Authority under Clause 4.1.1 herein above, if an
Applicant is found by the Authority to have directly or indirectly or through an agent,
engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice during the Bidding Process, such Applicant
shall not be eligible to participate in any tender or RFQ issued by the Authority during
a period of 2 (two) years from the date such Applicant is found by the Authority to have
directly or indirectly or through an agent, engaged or indulged in any corrupt practice,
19
fraudulent practice, coercive practice, undesirable practice or restrictive practice, as
the case may be.

4.1.3 For the purposes of this Clause 4, the following terms shall have the meaning
hereinafter respectively assigned to them:

(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence the actions of any
person connected with the Bidding Process (for avoidance of doubt, offering
of employment to, or employing, or engaging in any manner whatsoever,
directly or indirectly, any official of the Authority who is or has been
associated in any manner, directly or indirectly, with the Bidding Process or
the LOA or has dealt with matters concerning the Concession Agreement or
arising therefrom, before or after the execution thereof, at any time prior to
the expiry of one year from the date such official resigns or retires from or
otherwise ceases to be in the service of the Authority, shall be deemed to
constitute influencing the actions of a person connected with the Bidding
Process); or (ii) save and except as permitted under sub clause (d) of Clause
2.2.1, engaging in any manner whatsoever, whether during the Bidding
Process or after the issue of the LOA or after the execution of the Concession
Agreement, as the case may be, any person in respect of any matter relating
to the Project or the LOA or the Concession Agreement, who at any time has
been or is a legal, financial or technical adviser of the Authority in relation to
any matter concerning the Project;
(b) “fraudulent practice” means a misrepresentation or omission of facts or
suppression of facts or disclosure of incomplete facts, in order to influence
the Bidding Process;

(c) “coercive practice” means impairing or harming or threatening to impair or

harm, directly or indirectly, any person or property to influence any person’s
participation or action in the Bidding Process;
(d) “undesirable practice” means (i) establishing contact with any person
connected with or employed or engaged by the Authority with the objective
of canvassing, lobbying or in any manner influencing or attempting to
influence the Bidding Process; or (ii) having a Conflict of Interest; and
(e) “restrictive practice” means forming a cartel or arriving at any
understanding or arrangement among Applicants with the objective of
restricting or manipulating a full and fair competition in the Bidding Process

5 PRE-APPLICATION QUERIES & THEIR CLARIFICATION

5.1.1 Those Applicants who have purchased the RFQ document shall be allowed to submit
their queries, if any, through e-mail to the Authority till 27.02.2025. The queries shall
be addressed to The Executive Engineer (Sewerage) Nashik Municipal Corporation,
Nashik at e-mail - [email protected]
5.1.2 The Authority shall endeavor to provide clarifications and such further information as it
may, in its sole discretion, consider appropriate for facilitating a fair, transparent and
competitive Bidding Process through a signed and sealed common set of replies
uploaded in Portal.

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6 MISCELLANEOUS

6.1.1 The Bidding Process shall be governed by, and construed in accordance with, the
laws of India and the Courts at Nashik shall have exclusive jurisdiction over all disputes
arising under, pursuant to and/ or in connection with the Bidding Process.

6.1.2 The Authority, in its sole discretion and without incurring any obligation or liability,
reserves the right, at any time, to:

(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or
supplement the Bidding Process or modify the dates or other terms and
conditions relating there to;
(b) consult with any Applicant in order to receive clarification or further
information;
(c) pre-qualify or not to pre-qualify any Applicant and/ or to consult with any
Applicant in order to receive clarification or further information;
(d) retain any information and/ or evidence submitted to the Authority by, on
behalf of, and/ or in relation to any Applicant; and/ or
(e) independently verify, disqualify, reject and/ or accept any and all submissions
or other information and/ or evidence submitted by or on behalf of any
Applicant.

6.1.3 It shall be deemed that by submitting the Application, the Applicant agrees and
releases the Authority, its employees, agents 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 and the Bidding Documents,
pursuant hereto, and/ or in connection with the Bidding Process, to the fullest extent
permitted by applicable law, and waives any and all rights and/ or claims it may have
in this respect, whether actual or contingent, whether present or in future.

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APPENDICES
APPENDIX I
LETTER COMPRISING THE APPLICATION FOR PRE-QUALIFICATION
(Refer Clause 2.11.1)
To,
Executive Engineer
Public Health Engineering Department (Sewerage)
Nashik Municipal Corporation, Nashik
Rajiv Gandhi Bhavan, Sharanpur Road
Nashik.

Sub: Application for pre-qualification for “Implementation of various sewerage

schemes and rehabilitation/ upgradation of existing STPs or construction of new
STPs at Nashik on PPP/HAM model”
Dear Sir,

1. With reference to your RFQ document dated ********, I/ we, having examined
the RFQ document and understood its contents, hereby submit my/ our
Application for Qualification for the aforesaid project. The Application is
unconditional and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information
provided in the Application and the documents accompanying such
Application for prequalification of the Applicants for the aforesaid project, and
we certify that all information provided in the Application and in Annexes I to
IV is true and correct; nothing has been omitted which renders such
information misleading; and all documents accompanying such Application
are true copies of their respective originals. We shall abide ourselves and fulfill
all obligations in accordance with the law in force in India, in case during
award of contract or even before (or) after the award of contract, at any stage
it is observed / found that any document furnished by us is forged / fabricated
/ false / deviating / incorrect, then in addition to the action being taken against
us by the Owner in accordance with the provisions of law in force in India, we
also agree for cancellation of the contract and the contract shall be deemed
as having been abandoned by us and the Owner shall take suitable action in
accordance with the terms of the contract and as per Owner’s rules.
3. This statement is made for express purpose of qualifying as a Bidder for
design, engineering, finance, construction and operation & maintenance of
aforesaid Project.
4. I/ We shall make available to the Authority any additional information it may
find necessary or require to supplement or authenticate the Qualification
statement.
5. I/ We acknowledge the right of the Authority to reject our Application
without assigning any reason or otherwise and hereby waive, to the fullest
extent permitted by applicable law, our right to challenge the same on any
account whatsoever.
6. I/ We certify that in the last three years, we/ or Associates 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, nor been expelled from any project or contract by any public
22
authority nor have had any contract terminated by any public authority for
breach on our part.
7. I/ We declare that:
a) I/ We have examined and have no reservations to the RFQ
document, including any Addendum issued by the Authority;
b) I/ We do not have any conflict of interest in accordance with Clauses 2.2.1
c) and 2.2.1 (d) of the RFQ document;

c) I/We have not directly or indirectly or through an agent engaged or

indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice, as defined in Clause
4.1.3 of the RFQ document, in respect of any tender or request for
proposal issued by or any agreement entered into with the Authority
or any other public- sector enterprise or any government, Central or
State; and
d) I/ We hereby certify that we have taken steps to ensure that in
conformity with the provisions of Section 4 of the RFQ document, no
person acting for us or on our behalf has engaged or will engage in
any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice.
8. I/We understand that you may cancel the Bidding Process at any time
and that you are neither bound to accept any Application that you may
receive nor to invite the Applicants to Bid for the Project, without
incurring any liability to the Applicants, in accordance with Clause 2.15.6
of the RFQ document.
9. I/We believe that we/ satisfy(s) the qualification criteria and meet(s) all the
requirements as specified in the RFQ document and are/ is qualified to submit
a Bid.
10. I/ We declare that we/, or our/ its Associates are not a Member of a/ any
other Consortium applying for pre-qualification
11. I/ We certify that in regard to matters other than security and integrity of
the country, we/ or any of our/ Associates have not been convicted by a
Court of Law or indicted or adverse orders passed by a regulatory
authority which could cast a doubt on our ability to undertake the Project
or which relates to a grave offence that outrages the moral sense of the
community.
12. I/ We further certify that in regard to matters relating to security and
integrity of the country, we/ or any of our/ Associates have not been
charge-sheeted by any agency of the Government or convicted by a Court
of Law.
13. I/ We further certify that no investigation by a regulatory authority is
pending either against us/ or against our/ Associates or against our CEO
or any of our directors/ managers/ employees.
14. I/ We undertake that in case due to any change in facts or circumstances
during the Bidding Process, we are attracted by the provisions of
disqualification in terms of the provisions of this RFQ, we shall intimate the
Authority of the same immediately.
15. The Statement of Legal Capacity as per format provided at Annex-V of the
RFQ document, and duly signed, is enclosed. The power of attorney for
signing of application as per format provided at Appendix II of the RFQ, are
23
also enclosed.
16. I/ We understand that the selected Bidder shall either be an existing
Company incorporated under the Indian Companies Act, 2013, or shall
incorporate as such prior to execution of the Concession Agreement.
17. I/ 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 the Authority in connection with the selection of Applicants,
selection of the Bidder, or in connection with the selection/ Bidding Process
itself, in respect of the above-mentioned Project and the terms and
implementation thereof.
18. I/ We agree and undertake to abide by all the terms and conditions of the
RFQ document.
19. I/ We certify that in terms of the RFQ, my/our Net worth is Rs. ………………..
(Rs. in words).
In witness thereof, I/ we submit this Application under and in accordance with the
terms of the RFQ document.
Yours faithfully,

(Signature, Name and designation of the Authorized signatory)

Date:
Place:
Name and seal of the Applicant

24
ANNEX-I

Details of Applicant

1. a) Name:
a) Country of incorporation:
b) Address of the corporate headquarters and its branch office(s), if any, in India
c) Date of incorporation and/ or commencement of business:
2. Brief description of the Company including details of its main lines of
business and proposed role and responsibilities in this Project
3. Details of individual(s) who will serve as the point of contact/ communication
for the Authority:
a) Name:
b) Designation:
c) Company:
d) Address:
e) Telephone Number:
f) E-Mail Address:
g) Fax Number:
4. Particular of the Authorized Signatory of the Applicant:
a) Name:
b) Designation:
c) Address:
d) Phone Number:
e) Fax Number:

Name of Applicant/

No. Criteria Yes No

1 Has the Applicant been barred by the [Central/ State]

Government, or any entity controlled by it, from participating
in any project?

5. A statement by the Applicant any Associates disclosing material

nonperformance or contractual non-compliance in past projects, contractual
disputes and litigation/ arbitration in the recent past is given below (Attach
extra sheets, if necessary)

25
ANNEX – II -Technical Capacity of the Applicant
ANNEX II A - Technical Experience - Part 1
(Refer Clause 2.2.2 A.1)
Applicant’s Name: ................................................. Date:

Contract of Similar Size and Nature $

Contract No.......... Project Name
Award Date Completion Date
Role in Contract Contractor / Management Contractor/Sub-contractor
Contract Amount INR
Contract start date
Contract end date
partner in a JV or contractor, Percent of Share Capital Cost (in INR Crores)
specify participation of total (%)
contract
Client Name Address
Telephone/Fax No.
E-mail
Description of the similarity in accordance with Criteria 2.2.2 A.1 (1)
Technical Experience Criteria (Kindly fill the relevant Details of Project listed to
boxes only as per the selected criteria) claim experience
Sewage Treatment Plant Details
STP Capacity (in MLD)
Technology Used : SBR YES/ NO
Plant Location (Complete Address)
Commissioning Date (DD/MM/YYY)
No. of years of O&M completed by Bidder ____ No. of Years
a(i)
O&M Year Yes/ No
2024 -25
2023 -24
2022 -23
2021- 22
2020 -21
2019 -20
2018 -19

Note:
$ The Applicant shall submit a certificate from office of the rank of Executive Engineer of
the project to establish experience of Technical Experience.
# If the Applicant fails to demonstrate the Technical Experience, then its application will not be
considered responsive.

26
.
ANNEX – II -Technical Capacity of the Applicant

ANNEX II A - Technical Experience – Technology Tie Up Agreement for

Cyclic Activated
Sludge Process / Sequential Batch Reactor (SBR) Technology
(Refer Clause 2.2.2 A.1)

27
(To be made on Rs. 500 stamp paper and notarized to be submitted along with
RFQ)

This Technology Tie-up Agreement

), a company incorporated under

AND

), a company
incorporated under the Companies Act 1956 with a
Registered Office at

.........................................................................................................

WITNESSETH

WHEREAS is in the business of turnkey execution of Water and Sewage / Wastewater

Treatment Plants.

WHEREAS is in the business of Design, Engineering and Supply of Components for Cyclic
Activated Sludge Process / Sequential batch Reactor (SBR) Technology for Sewage / Wastewater
Treatment Plants.

HEREAS The Executive Engineer, NMC NMC h a s

invited RFQ
on prescribed proforma from reputed and experienced agencies for “Implementation of various
sewerage schemes and rehabilitation/ upgradation of existing STPs or construction of new STPs
at Nashik on PPP/HAM model “

28
This Tie-up Agreement is executed specifically for the above mentioned work and cannot be used
for any other Works/ Project and this tie-up Agreement does not apply or constitute a Joint
Venture.

AND

is submitting its bid and has decided to enter into an Tie- up Agreement with to
engage them exclusively as Technology Provider for the biological treatment section using Cyclic
Activated Sludge Process / SBR Technology as a part of the above mentioned Work for which RFQ
is invited by NMC .

Now, therefore both the parties hereto agree as follows:

1. is submitting its bid with as the Technology Provider .
2. will be the Technology Provider to for the Cyclic Activated Sludge Process /
Sequential batch Reactor (SBR) Technology to be used for in the biological treatment section of
the STP.

3. shall provide following Services and Equipments to :

a. Basic engineering for the Cyclic Activated Sludge Process / Sequential batch Reactor (SBR)
Technology.
b. Supply of all Equipments and Instruments as part of the Cyclic Activated Sludge Process /
Sequential batch Reactor (SBR) Technology along with back-up guarantee for performance as
per the tender requirement. Back-up guarantee for performance shall be applicable and valid
only in case all design and documents for the complete STP is in accordance with design
guidelines and all documents and drawings are re- viewed, stamped and signed by .
c. Shall provide supervision assistance during erection, commissioning, performance testing and
trial runs of the STP on Cyclic Activated Sludge Process / Sequential batch Reactor (SBR)
Technology.
d. Shall provide supervision assistance during O & M period of the STP for the Cyclic Activated
Sludge Process / Sequential batch Reactor (SBR) Technology Units of the STP if required on a
chargeable basis.

4. will be the main contractor and the authority to sign the agreement with NMC and accept
responsibility and obligation for the Works will rest with main contractor and shall be responsible
to the client viz. . , in turn, shall be responsible and liable to for their scope
of work. Further shall furnish bank guarantees for due Security, Performance and O&M and
all other such obligations under the Project as a whole.
5. shall provide and commit such resources as are necessary to perform their scope of work
for the successful completion of the Project. shall also attend all review meetings over the
Project as and when called for by NMC till the completion of the Project.

29
6. shall make all payments due to or to their accredited representative as per their Offer.
7. Each Party hereto in relation with the other is solely responsible and liable for their respective
scope of work, to be mutually agreed between the Parties and incorporated in a detailed
Agreement / Purchase Order to be entered into between the Parties before start of work for the
above mentioned Work. Such detailed Agreement / Purchase Order shall deal with technical and
financial aspects of the Project.
8. Each Party agrees to and undertakes to indemnify and hold harmless the other Party against any
liability, loss, cost, damages or expenses sustained as a result of negligent or improper
performance or disturbance caused by itself or by any of its sub-contractors, suppliers or associates
in connection with its share of Works as per the Contract. If any third party enforces any claim,
which is attributable to the scope of work of a certain party, that Party shall settle such claims.
The Parties agree to indemnify each other against all claims made by any third party in respect of
any infringements of any rights protected by patents, designs or copyrights or trademarks
employed in the Project by any Party.
9. In the course of working as associates, / will be sharing information with each other
which may be proprietary /confidential information / knowledge acquired by each other. It is
hereby agreed that both the parties will maintain complete secrecy regarding such information /
knowledge and will not divulge to any party for any other purpose except for the success of the
joint execution of the contract.
10. Disputes if any arising in connection with this agreement shall, at the first place, be referred and
settled mutually and amicably between the Parties herein through their respective senior
executive without making reference to the arbitration. In the extreme unlikely case, where no
reconciliation is reached within sixty (60) days from reference for the dispute to the other party
by the dispute raising party, such dispute shall be settled by arbitration in accordance with the
provisions of the Arbitration & Conciliation Act, 1996 and/or any statutory amendments thereto.
The number of arbitrators shall be three. Each Party shall nominate their respective arbitrators
and both the nominated arbitrators shall appoint the third arbitrator who shall act as the Presiding
arbitrator. The venue of arbitration shall be Nashik and the language used shall be English. The
arbitral award shall be final and binding upon the Parties. Neither Party shall be released from its
obligations to comply with any of the provisions of this Agreement, the contract and the detailed
agreement as a result of reference of disputes to arbitration or during the course of arbitral
proceeding.
11. This Tie-up Agreement shall be effective from the date as mentioned in the first page of the Tie-
up Agreement and shall remain valid till the project completion and shall terminate on the
happening of any of the following:
a. The RFQ submitted by is rejected or is unsuccessful in the bid.
b. The Contract for the Works has been awarded to other Third Parties.
c. The client notifies the Parties that they will not proceed with the Project.
d. Any of the Parties to the Agreement is declared insolvent by a Court of Competent
Jurisdiction.

30
12. This Tie-up Agreement shall be subject to the laws in India and shall be subject to the jurisdiction
of the court at Nashik.

13. For the sake of correspondence, following Addresses and the Persons concerned are to be
contacted:

Address: Address:

Tel No. : Tel No.:

Fax No. : Fax No.:
Contact Person: Contact Person:
Designation: Designation:

For For

(Authorized Signatory) (Authorized Signatory)

Name: Name:
Designation: Designation:

31
ANNEX – II -Technical Capacity of the Applicant - Technology Tie Up
Agreement for Fiber Disc Filtration
(Refer Clause 2.2.2 A.1)

(To be made on Rs. 500 stamp paper and notarized to be submitted along with
RFQ)

This Technology Tie-up Agreement

), a company incorporated under

AND

), a company
incorporated under the Companies Act 1956 with a
Registered Office at

.........................................................................................................

WITNESSETH

WHEREAS is in the business of turnkey execution of Water and Sewage / Wastewater

Treatment Plants.

WHEREAS is in the business of Design, Engineering and Supply of Components for Fiber
Disc Filter for Tertiary Treatment Plant.

HEREAS The Executive Engineer, NMC NMC h a s

invited RFQ
on prescribed proforma from reputed and experienced agencies for “Implementation of various
sewerage schemes and rehabilitation/ upgradation of existing STPs or construction of new STPs
at Nashik on PPP/HAM model “

32
This Tie-up Agreement is executed specifically for the above mentioned work and cannot be used
for any other Works/ Project and this tie-up Agreement does not apply or constitute a Joint
Venture.

AND

is submitting its bid and has decided to enter into an Tie- up Agreement with to
engage them exclusively as Technology Provider for Fiber Disc Filter for Tertiary Treatment Plant.
as a part of the above mentioned Work for which RFQ is invited by NMC .

Now, therefore both the parties hereto agree as follows:

14. is submitting its bid with as the Technology Provider .
15. will be the Technology Provider to for Fiber Disc Filter for Tertiary Treatment Plant.

16. shall provide following Services and Equipments to :

a. Basic engineering for the Fiber Disc Filter for Tertiary Treatment Plant
b. Supply of all Equipments and Instruments as part of the Fiber Disc Filter for Tertiary Treatment
Plant along with back-up guarantee for performance as per the tender requirement. Back-up
guarantee for performance shall be applicable and valid only in case all design and documents
for the complete STP is in accordance with design guidelines and all documents and
drawings are re- viewed, stamped and signed by .
c. Shall provide supervision assistance during erection, commissioning, performance testing and
trial runs of the Fiber Disc Filter for Tertiary Treatment Plant
d. Shall provide supervision assistance during O & M period of the Fiber Disc Filter for Tertiary
Treatment Plant if required on a chargeable basis.

17. will be the main contractor and the authority to sign the agreement with NMC and accept
responsibility and obligation for the Works will rest with main contractor and shall be responsible
to the client viz. . , in turn, shall be responsible and liable to for their scope
of work. Further shall furnish bank guarantees for due Security, Performance and O&M and
all other such obligations under the Project as a whole.
18. shall provide and commit such resources as are necessary to perform their scope of work
for the successful completion of the Project. shall also attend all review meetings over the
Project as and when called for by NMC till the completion of the Project.

33
19. shall make all payments due to or to their accredited representative as per their Offer.
20. Each Party hereto in relation with the other is solely responsible and liable for their respective
scope of work, to be mutually agreed between the Parties and incorporated in a detailed
Agreement / Purchase Order to be entered into between the Parties before start of work for the
above mentioned Work. Such detailed Agreement / Purchase Order shall deal with technical and
financial aspects of the Project.
21. Each Party agrees to and undertakes to indemnify and hold harmless the other Party against any
liability, loss, cost, damages or expenses sustained as a result of negligent or improper
performance or disturbance caused by itself or by any of its sub-contractors, suppliers or associates
in connection with its share of Works as per the Contract. If any third party enforces any claim,
which is attributable to the scope of work of a certain party, that Party shall settle such claims.
The Parties agree to indemnify each other against all claims made by any third party in respect of
any infringements of any rights protected by patents, designs or copyrights or trademarks
employed in the Project by any Party.
22. In the course of working as associates, / will be sharing information with each other
which may be proprietary /confidential information / knowledge acquired by each other. It is
hereby agreed that both the parties will maintain complete secrecy regarding such information /
knowledge and will not divulge to any party for any other purpose except for the success of the
joint execution of the contract.
23. Disputes if any arising in connection with this agreement shall, at the first place, be referred and
settled mutually and amicably between the Parties herein through their respective senior
executive without making reference to the arbitration. In the extreme unlikely case, where no
reconciliation is reached within sixty (60) days from reference for the dispute to the other party
by the dispute raising party, such dispute shall be settled by arbitration in accordance with the
provisions of the Arbitration & Conciliation Act, 1996 and/or any statutory amendments thereto.
The number of arbitrators shall be three. Each Party shall nominate their respective arbitrators
and both the nominated arbitrators shall appoint the third arbitrator who shall act as the Presiding
arbitrator. The venue of arbitration shall be Nashik and the language used shall be English. The
arbitral award shall be final and binding upon the Parties. Neither Party shall be released from its
obligations to comply with any of the provisions of this Agreement, the contract and the detailed
agreement as a result of reference of disputes to arbitration or during the course of arbitral
proceeding.
24. This Tie-up Agreement shall be effective from the date as mentioned in the first page of the Tie-
up Agreement and shall remain valid till the project completion and shall terminate on the
happening of any of the following:
a. The RFQ submitted by is rejected or is unsuccessful in the bid.
b. The Contract for the Works has been awarded to other Third Parties.
c. The client notifies the Parties that they will not proceed with the Project.
d. Any of the Parties to the Agreement is declared insolvent by a Court of Competent
Jurisdiction.

34
25. This Tie-up Agreement shall be subject to the laws in India and shall be subject to the jurisdiction of
the court at Nashik.

26. For the sake of correspondence, following Addresses and the Persons concerned are to be contacted:

Address: Address:

Tel No. : Tel No.:

Fax No. : Fax No.:
Contact Person: Contact Person:
Designation: Designation:

For For

(Authorized Signatory) (Authorized Signatory)

Name: Name:
Designation: Designation:

35
ANNEX II B – DECLARATION/AUTHORITY LETTER FOR SITE VISIT AND GEO-TAGGING

NAME OF WORK: RFQ for Implementation of various sewerage schemes and rehabilitation/
upgradation of existing STPs or construction of new STPs at Nashik on PPP/HAM model.

Name of the Bidder:-

I hereby declare / authorize

my authorized representative to carry out site visit and
inspect/visit other important location on site of above mentioned work.
Date: -

Place: -

Time: -

I myself / authorized representative have personally inspected the work site on the
date___ time _____PM/AM and have made myself / our self-acquainted, satisfied with the
site condition. The details of Geo-Tagging as mentioned in the RFQ r will be uploaded in
the Bid.

Date: -
Place: -
Time: -

Signature with stamps of the Contractor/agency

Certified by

Executive Engineer,
Nashik Municipal Corporation

36
ANNEX – III

Financial Capacity of the Applicant

ANNEX II A - Net Worth

(in Rs. Crore)

(Refer to Clause 2.2.2(B i) of the RFQ)

Applicant type$ Net Worth€

Year 1
Year 2
Year 3
Single entity Applicant

TOTAL
AVERAGE

Name & address of Applicant’s Bankers:

.
€
The Applicant should provide details of its own Financial Capacity or of an Associate
specified in Clause 2.2.7.

Instructions:

1. The Applicant/ shall attach copies of the balance sheets, financial statements
and Annual Reports for 3 (Three) years preceding the Application Due Date.
The financial statements shall:
a)reflect the financial situation of the Applicant or Associates where the
Applicant is relying on its Associate’s financials;
b) be audited by a statutory auditor;
c) be complete, including all notes to the financial statements; and
d) correspond to accounting periods already completed and audited (no

37
statements for partial periods shall be requested or accepted).
2. Net Worth shall mean (Subscribed and Paid-up Equity + Reserves) less
(Revaluation reserves + miscellaneous expenditure not written off +
reserves not available for distribution to equity shareholders).
3. Year 1 will be the latest completed financial year, preceding the bidding. Year
2 shall be the year immediately preceding Year 1 and so on. In case the
Application Due Date falls within 3 (three) months of the close of the latest
financial year.
4. The applicant shall also provide the name and address of the Bankers to the
Applicant.
5. The Applicant shall provide an Auditor’s Certificate specifying the net worth
of the Applicant and also specifying the methodology adopted for calculating
such net worth in accordance with Clause 2.2.3 (i) of the RFQ document.

38
ANNEX – IV - Certificate from Statutory Auditor/ Company Secretary regarding Associate.
Certificate from the Statutory Auditor/ Company Secretary regarding Associate$

Based on the authenticated record of the Company, this is to certify that more than 26%
(twenty-six per cent) of the subscribed and paid up voting equity of
.......................... (name of the Associate) is held, directly or indirectly£,
by........................................(name of Applicant/ Consortium Member). By virtue of the
aforesaid share-holding, the latter exercises control over the former, who is an Associate
in terms of Clause 2.2.7 of the RFQ.

A brief description of the said equity held, directly or indirectly, is given below

{Describe the shareholding of the Applicant/ Consortium Member in the Associate}

Name of the audit firm:

Seal of the audit firm:
(Signature, name and designation of the authorized signatory) Date:

$ In the event that the Applicant/ Consortium Member exercises control over an
Associate by operation of law, this certificate may be suitably modified and copies of
the relevant law may be enclosed and referred to.

£ In the case of indirect share-holding, the intervening companies in the chain of

ownership should also be Associates i.e., the share-holding in each such company
should be more than 26% in order to establish that the chain of “control” is not broken.

1. It may be noted that in the absence of any detail in the above certificates, the
information would be considered inadequate.

39
ANNEX – V
Statement of Legal Capacity

(To be forwarded on the letterhead of the Applicant/)

Ref.

Date
:

To,

Executive Engineer
Public Health Engineering Department (Sewerage)
Nashik Municipal Corporation, Nashik
Rajiv Gandhi Bhavan, Sharanpur Road
Nashik.

Dear Sir,

We hereby confirm that we satisfy the terms and conditions laid out in the RFQ
document.

We have agreed that…………………… (insert individual’s name) will act as our

representative/ on its behalf* and has been duly authorized to submit the RFQ. Further, the
authorized signatory is vested with requisite powers to furnish such letter and authenticate
the same.

Thanking

you,

Yours

faithfully,

(Signature, Name and designation of the

authorized signatory)

For and on behalf of…………………………………

*Please strike out whichever is not applicable.

40
ANNEX – VI

The Bidder shall submit an Affidavit in the following format on Rs.500.00 non-judicial
stamp paper along with the certificate from the Applicant's Statutory Auditor.

AFFIDAVIT

I/We .......................................................................................having my/our registered office

at.............................................................................................................................................................
.....................................submitting my/our Bid for the work of .................................................
................................ ....................................................... "certify that my/our firm have not
Applied for Corporate Debt Restructuring (CDR) or facing recovery proceedings from financial
institutions or facing winding up proceedings or those under BIFR in last 5 financial years
(....................to ) and up to the date of RFQ submission.

Signature of the Authorized Signatory to

the Applicant Name of the Authorized

signatory to the Applicant Name and

Address of the

Applicant

Date

41
APPENDIX II
POWER OF ATTORNEY FOR SIGNING OF APPLICATION

(Refer Clause 2.2.4)

Know all men by these presents, We… ......... (name of the firm and address of the registered
office) do hereby irrevocably constitute, nominate, appoint and authorize Mr./ Ms.
(name), ………………….; son/daughter/wife of………………… and presently residing
at…,who is presently employed with us and holding the position of………………………, as
our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and
on our behalf, all such acts, deeds and things as are necessary or required in connection
with or incidental to submission of our application for pre-qualification and submission of
our application for (RFQ) for Implementation of various sewerage schemes and
rehabilitation/ upgradation of existing STPs or construction of new STPs at Nashik on
PPP/HAM model proposed or being developed by NMC (the “Authority”) including but not
limited to signing and submission of all applications, bids and other documents and
writings, participate in Pre-Applications and other conferences and providing information/
responses to the Authority, representing us in all matters before the Authority, signing and
execution of all contracts including the Concession Agreement and undertakings consequent
to acceptance of our bid, and generally dealing with the Authority in all matters in connection
with or relating to or arising out of our bid for the said Project and/ or upon award thereof to
us and/or till the entering into of the Concession Agreement with the Authority.

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
said Attorney in exercise of the powers hereby conferred shall and shall always be deemed
to have been done by us.

IN WITNESS WHEREOF WE,…………., THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS………………………. DAY
OF............................ 2....

For
(Signature, name, designation and address)
Witnesses:
1. 2.
(Notarized)

Accepted (Signature)
(Name, Title and Address of the Attorney)

42
Notes:

- 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.

- Wherever required, the Applicant should submit for verification the

extract of the charter documents and documents such as a board or
shareholders’ resolution/ power of attorney in favor of the person
executing this Power of Attorney for the delegation of power hereunder
on behalf of the Applicant.

- 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 Applicants from countries that have
signed The Hague Legislation Convention 1961 are not required to be
legalized by the Indian Embassy if it carries a conforming Apostille
certificate.

43